IMS Data definition

IMS Data means the data reported from IMS Health Incorporated of Plymouth Meeting, PA, or any successor to IMS Health Incorporated or any other independent reporting service used by Strata to provide information related to the marketing of the Product and other pharmaceutical products.

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IMS Data means total prescription data from IMS Health National Prescription Audit Plus Ô, Complete Package — (retail, mail order, LTC, prescriber specialty report).

IMS Data means certain data from IMS as further described in exhibits attached hereto. Each exhibit forms a part of this Agreement. Terms and conditions in said exhibit(s) shall supersede any conflicting terms and conditions in this Agreement for only the specific IMS Data defined in said exhibit(s). 1.7 "Legended Drugs" means drugs which under Federal, provincial, state or national law require the written prescription of a doctor, osteopath or other individual who has the authority to prescribe Legended Drugs. 1.8 "Materials" means (i) information, including promotional materials and solicitation materials sent to a Prescriber, all of which relate to one or more Legended Drugs of a Manufacturer or relate to medical supplies and/or diagnostic equipment marketed by a Healthcare Company, (ii) surveys or questionnaires sent to a Prescriber which either seek information relating to the prescribing or practice profile of such Prescriber or the use by such Prescriber of medical supplies or diagnostic equipment; provided, however, that the use of such surveys or questionnaire shall be subject to the terms of Paragraph 7(e) hereof, (iii) Journals, (iv) Desktop Media, or (v) information, including promotional materials, solicitation materials or course materials, relating to CME. 1.9 "Pharbase Data" means certain data from ST as more fully described in exhibits attached hereto. Each exhibit forms a part of this Agreement. Terms and conditions in said exhibit(s) shall supersede any conflicting terms and conditions in this Agreement for only the specific Pharbase Data defined in said exhibit(s). In addition, Pharbase Data shall include all other demographic and profiling information on health care professionals (e.g., doctors, nurses, pharmacists) and health care providers (e.g., hospitals, pharmacies, clinics) then in the possession or control of ST, or any ST Affiliate, in any country. As any new Pharbase Data or new fields of data for existing Pharbase Data (collectively "New Data") comes into the possession or control of ST, or any ST Affiliate, ST shall notify IMS of such New Data within five (5) days following its availability to ST or the applicable ST Affiliate, as the case may be, and the Pharbase Data shall include all such New Data, without any change in fees, unless otherwise notified by IMS to ST or to the applicable ST Affiliate.

Examples of IMS Data in a sentence

• The license granted herein is not exclusive and nothing contained in this Article II shall prohibit or restrict IMS from licensing, selling or otherwise transferring IMS Data or any other information to any other person or Entity or from using IMS Data or any other information for its own purposes.

• IMS hereby grants to ST a non-transferable and non-exclusive license to IMS Data for use solely in accordance with the terms of Paragraph 2.3 hereof and subject to the other terms and conditions of this Agreement.

• ST shall not provide any IMS Data to any third party, including but not limited to a Healthcare Company or any affiliate of ST, except as commingled with the Pharbase Data.

• The royalty rate shall be adjusted quarterly and shall be reconciled quarterly at such time as the applicable IMS Data has been made available to Strata.

• Notwithstanding any injunctive relief which ST may be entitled to, IMS shall not be liable for any indirect, consequential, punitive, incidental or special damages to person, property or business which may be caused by any use, failure to provide or unavailability of IMS Data or any breach by IMS of its obligations hereunder (even if IMS has been advised of the possibility of such damages).

More Definitions of IMS Data

IMS Data. IMS shall provide the IMS Data to ST in accordance with the operational procedures set forth in the applicable exhibit hereto. IMS will use its reasonable efforts to process IMS Data in an accurate and complete manner. IMS will promptly notify Licensee of any material inaccuracies in such Data which become known to IMS in accordance with IMS's then applicable internal procedures for data quality assurance.

IMS Data means the raw data from the IMS networks. Specifically, the digitized outputs of the IMS facilities as transmitted over the communications links between the IMS facilities and the IDC.

IMS Data means the use and prescription data available from IMS Health Incorporated or substantially similar data available from any successor entity.

IMS Data means data published in the IMS Retail Perspective(TM), published by IMS America, Ltd.

IMS Data means the data published by IMS Health China as extracted from its database for the Territory and to be retrieved jointly by the Parties in good faith from time to time, which will be serve as the basis of determining the accurate levels and figures in regard to the Annual Market Share.

IMS Data means the raw data derived from the stations in the CTBTO International Monitoring System.

IMS Data means the audit conducted by IMS International, Inc. or its Affiliates of retail sales in the Territory, of the products indicated or, if such audit is not available, an audit of such sales data conducted by a market share research company internationally known in the pharmaceutical industry and mutually agreed upon by Noven and RPR.