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Do you wish to purchase MedDRA in the following language in addition to the basic languages provided with any MedDRA subscription (English, Chinese, and EU Languages)?
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1. This is a one year subscription to MedDRA, continuing for twelve calendar months following the enrollment date. The MedDRA subscription is available for use by the subscribing organization and any wholly-owned subsidiaries of the subscribing organization. All prices shall remain unchanged during the initial subscription period. After the initial subscription period, Northrop Grumman will invoice the Subscriber at the then current applicable subscription fee (to be furnished to Subscriber at least thirty (30) days prior to the expiration date). Should Northrop Grumman discontinue its role as MSSO for any reason, then this agreement shall be deemed assigned to the International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) or its designee.
2. Northrop Grumman grants Subscriber a non-exclusive license during the term of this agreement to possess and use MedDRA Terminology for its sole use. Subscriber may not grant any sublicense nor publish nor otherwise distribute MedDRA Terminology to a third party. Upon cancellation of the MedDRA agreement, the license for using any versions of the MedDRA terminology is no longer authorized for use.
3. Payment shall be due upon receipt by Subscriber of invoice from Northrop Grumman. Northrop Grumman reserves the right to suspend or terminate this subscription if any amounts due remain unpaid for greater than thirty days from the date of invoice and to charge a fee of $75.00 to reinstate a suspended or terminated subscription.
4. Northrop Grumman is serving solely as a distributor of the database for the initial subscription version of MedDRA terminology as it existed on March 1, 1999, and is in no way responsible for the accuracy of the data contained in or the placement of terms in such initial subscription version. Northrop Grumman is responsible for the accuracy of the data contained in, or the placement of, updated terms in the terminology subsequent to the initial subscription version as it existed on March 1, 1999. Northrop Grumman agrees to indemnify and hold harmless Subscriber from any third party Intellectual Property claims related to this agreement.
5. Notwithstanding any other provision of this agreement, in no event shall either Northrop Grumman or Subscriber be liable for any loss of profits, business opportunity, or business advantage, loss of use, interruption of business, loss of good will, data loss, computer failure or malfunction, work stoppage, any indirect, incidental, special, exemplary, punitive, or consequential damages, even if the party has been advised of the possibility of such claims or demands. This applies to all claims without regard to which other provisions of this agreement have been breached or proven ineffective.
6. Notwithstanding any other provision of this agreement, the cumulative liability of Northrop Grumman and IFPMA, the ICH, the Management Board, and Her Majesty’s Stationery Office individually and as a group regardless of the form of action for all claims related to this agreement, including but not limited to any cause of action sounding in contract, tort, or strict liability, shall not exceed the total amount of fees paid by Subscriber to Northrop Grumman under this agreement. Notwithstanding any other provision of this contract, in no event shall either party or IFPMA, the ICH, the Management Board, and Her Majesty’s Stationery Office individually and as a group, be liable for any loss of profits, revenue, business opportunity, or business advantage, loss of use, interruption of business, loss of good will, data loss, computer failure or malfunction, work stoppage, any indirect, incidental, special, exemplary, punitive, or consequential damages, even if the party has been advised of the possibility of such claims or demands. This limitation of damages and claims is intended to apply to all claims without regard to which other provisions of this contract have been breached or proven ineffective.
7. Northrop Grumman , the IFPMA, the ICH, the Management Board, individually and as a group shall not be liable for delays in performance of its obligations, and the date on which Northrop Grumman’s obligations are to be fulfilled shall be extended for a period of time caused by the delay, when the delay was due to causes beyond Northrop Grumman’s reasonable control, which causes shall include but not be limited to the following:
8. Ownership of the medium containing MedDRA and its related documentation will pass to the Subscriber f.o.b. destination. Subscriber shall be responsible for custom clearance and act as the importer of record.
9. This agreement shall be governed by the laws of the Commonwealth of Virginia, United States of America.
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