a. Academic Research. Research done in the usual course in the pursuit of a degree, use in a classroom setting, instructional (i.e., educational and training) or research done by students and faculty which is (i) funded by Licensee, a government agency or non-profit research foundations, and (ii) intended for publication in publicly available literature. Use of SciFindern by students, faculty and university employees at the university tech transfer office shall qualify as academic research.
b. Academic Unlimited Access License. This License provides all Named Users located at an Eligible Site access to SciFindern.
c. Authorized IP Address. An Internet Protocol address registered at Licensee’s Eligible Site and under Licensee’s exclusive control to be provided, in a form acceptable to CAS, by Licensee.
d. Commercial Research. Research conducted directly or indirectly for any commercial purpose, including, without limitation, searches related to patentability, research performed under a consultant contract or commercially funded contract, or research performed with the intention of delivering search results to an entity for commercial purposes or use.
e. Eligible Site. All academic facilities: owned and controlled by Licensee; conducting Academic Research; and approved by CAS to use and search SciFindern, subject to the terms of this License.
f. Information Use Policies. Information Use Policies (http://www.cas.org/legal/infopolicy) describe the permissible use of the data accessed via SciFindern and are incorporated by reference into this License. Such policies may be changed at the discretion of CAS. In the event of any material change, CAS will notify Licensee.
g. Key Contact. A Named User designated by Licensee as the primary point of contact with CAS for all License matters.
h. License. Licensee’s right to use SciFindern as set forth in the Terms & Conditions.
i. Licensee. The academic institution licensing SciFindern.
j. Named User. A current faculty or administrative staff member, or officially registered student of the Licensee. A Named User may also be referred to as an Authorized User.
k. Order. The order form signed by both parties, setting forth the terms of Licensee’s purchase.
l. Personal Data. Includes name (including honorific), title, user ID, security questions/answers, organization name, geographic location, IP address and other HTTP header information, phone number, email address, photograph, and other information collected from a Named User.
m. SciFindern. The CAS product consisting of electronic access to scientific databases. See http://www.cas.org/products/scifinder-n for a complete description of SciFindern.
n. Self-Registration. The process through which a Named User creates an individual Username and password.
o. Term. The initial period of the License, as set forth in the Order, or a subsequent renewal period in which Licensee licenses SciFindern.
p. Terms & Conditions. The terms and conditions set forth in this Agreement, Order, and the terms and conditions electronically accepted by each Named User, and any attachments or amendments to any of the foregoing. The Named User terms and conditions are found here and are incorporated herein by reference.
q. Username. A unique account identifier assigned to an individual Named User that is used, in conjunction with a password, to access SciFindern.
The initial Term of this License shall be as set forth in the Order. This License shall automatically renew for a term equal to the immediately preceding Term. Licensee must notify CAS at least thirty (30) days in advance of renewal if Licensee does not desire to continue using SciFindern following the end of a Term.
3. LICENSE FEES.
License Fees for Licensee’s initial Term are set forth in Licensee’s Order. During a Term, in the event of non-payment, CAS reserves the right to terminate Licensee’s SciFindern access. Fees are not refundable under any circumstance. CAS will notify Licensee at least 60 days in advance of the next Term that any new prices go into effect.
Invoices will be in U.S. Dollars. Invoices for Licensees in Japan will be in Japanese Yen. Licensee must pay all invoiced amounts in accordance with payment terms set forth on the invoice. License fees are non-refundable.
CAS grants Licensee a non-perpetual, non-exclusive, limited License to use SciFindern at the approved Eligible Site(s), subject to the Terms & Conditions. SciFinder and data obtained through SciFindern may be used only by Named Users for Academic Research. Use of SciFindern for Commercial Research requires a separate commercial SciFindern License Agreement. Licensee’s right to use SciFindern and data is completely stated in the Terms & Conditions and Licensee has no other, or any additional, rights.
a. Individual Use of Usernames. Each Named User may only have one Username and may only use the Username assigned to them. Named Users are NOT permitted to share Usernames, passwords or log-in credentials with each other or any third parties.
b. SciFindern Use.
Named Users shall not:
1. Create or compile, directly or indirectly a collection, compilation, database or directory, manually, via automated programing, or otherwise (e.g., a script written to extract and download any data within SciFindern in batches);
2. Use any script/macro to automate an otherwise manual process, including but not limited to, an attempt to login to SciFindern utilizing an automated process;
3. Redistribute to third parties, whether for commercial gain or otherwise, or in any other way commercially exploit SciFindern or the data obtained through use of SciFindern;
4. Use SciFindern in conjunction with federated search tools, or for any other purpose, including but not limited to distribution of SciFindern or the data obtained through searching SciFindern by assignment, sale, sublicense, loan or other means of transfer to any third party, or any commercial use, whether paid or unpaid;
5. Reverse assemble, decompile, reverse engineer, modify, enhance, adapt, create derivative works or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization) SciFindern or the data contained therein.
6. Stored records must be deleted when they are no longer needed by the Named User for the relevant research project, or, if a student, after the completion of Named User’s degree program, whichever occurs first.
c. Reasonable Use. CAS will monitor the volume of searching and downloading activity associated with Licensee and each Named User on a routine basis, for the purposes of benchmarking “average” use, noting any significant variance in patterns of usage of Licensee or a particular Named User, and ensuring compliance with CAS Information Use Policies and with the terms of this License. CAS may ask the Key Contact and the Named User(s) involved to discuss with CAS any usage pattern(s) CAS questions and, if necessary, to work with CAS to reach a solution if a problem is uncovered. However, if CAS determines that “excessive” use is unreasonable or violates the CAS Information Use Policies, CAS may de-activate an individual SciFindern feature or the Username(s) at issue and bar those individuals from using SciFindern, or terminate the License. CAS prefers to resolve this type of issue without de-activating Usernames or terminating the License if possible, and will use reasonable efforts to do so.
6. SCIFINDERn ACCESS.
a. IP Restrictions. Licensee must report all Authorized IP Address information for each Eligible Site to CAS and may access SciFindern only through an Authorized IP Address. Licensee warrants:
1. Each IP Address has been assigned exclusively to Licensee;
2. Each Authorized IP Address is under the exclusive control of Licensee;
3. SciFindern will only be used by Licensee’s Named Users for use in accordance with the Terms & Conditions; and
4. Licensee will promptly notify CAS of any changes to Licensee’s IP Address(es).
b. Username Registration. Each Named User must complete Self Registration prior to accessing SciFindern. Access to SciFinder after completing the registration process is permitted from any Authorized IP Address.
1. Standard Registration Process. Subject to approval by CAS, Named Users with a Licensee issued email address (e.g., user@Licensee.edu) will be permitted to create their own Usernames by using a special registration URL generated by a Key Contact. The URL must be access controlled (i.e., requiring a username/password combination, an Authorized IP Address or some other similar method of protecting access), so that only Named Users have access. Under no circumstances can the registration URL be publically accessible on the internet.
2. Registration. When Licensee Email Accounts Are Not Issued. If Licensee does not issue a Licensee email account to all Named Users (e.g., user@Licensee.edu), a Named User may complete registration for SciFindern with a working email account from any domain (e.g., firstname.lastname@example.org). The Named User must be physically on an Eligible Site to register. Remote registration for initial account set-up via VPN or proxy is not permitted under this circumstance. Alternatively, a Named User may register off-campus via a direct invitation sent from the SciFindern administrator.
c. Compliance. Licensee will use reasonable efforts to ensure that only Named Users have access to SciFinder and use SciFindern in accordance with the Terms & Conditions. Licensee acknowledges the ACS’ copyright and ownership interests in SciFindern, that SciFindern is a principal product of CAS, and the importance to ACS and CAS of maintaining these rights in SciFindern. Licensee will exercise reasonable, good faith efforts to:
1. Inform Named Users of the restrictions addressed in the Terms & Conditions with respect to the use of SciFindern, including all data accessed therewith, and all optional add-on modules (the “Restrictions”) and to enforce the Restrictions;
2. Use reasonable efforts to monitor usage of SciFindern for compliance with the terms of the Terms & Conditions, will notify CAS immediately of any suspected violation by any user;
3. Investigate with CAS any violation or suspected violation of any of the Restrictions, whether by a Named User(s) or unauthorized user; and
4. Cooperate with CAS in the resolution of the matter.
Licensee agrees, at CAS’ request, to review from time to time with CAS the efforts described above and to make such changes thereto as reasonably necessary. Licensee will be responsible for any failure on its part to act in compliance with the Terms & Conditions.
d. Customer Support. Licensee and Named Users may request CAS Customer Center support via telephone during regular service hours. For customers in Japan, Named Users may contact CAS’ agent in Japan for customer support.
7. KEY CONTACT.
Licensee will designate at least one person to be Licensee’s Key Contact. Licensee will provide CAS with immediate notice if a Key Contact is added or changed. The Key Contact will serve as CAS’ first point of contact for any Named User questions or usage issues that may arise related to use of SciFindern during the Term. In the event that CAS contacts the Key Contact regarding actual or potential unauthorized use of SciFindern by a Named User or unauthorized user under the Terms & Conditions, the Key Contact and Licensee will use their best efforts to assist CAS in investigating and resolving such issues.
8. GENERAL PROVISIONS.
a. Ownership. The copyright and title to all property interests in or to SciFindern including search queries generated by a Named User and scientific information accessed using it, are in, and will remain with the ACS as owner. The Terms & Conditions do not grant Licensee any right of ownership. Licensee is prohibited from making any modifications, adaptations, enhancements, decompilations, changes or derivative works of SciFindern.
b. Confidentiality. Licensee and CAS both agree to keep the Terms & Conditions confidential as if it were each party’s own confidential information. CAS will treat the identity of all Named Users as the confidential information of Licensee.
c. Limitation of Liability. Provided Licensee is in compliance with the requirements of the Terms & Conditions, and except in instances of intentional acts or gross negligence of Licensee, or other situations in which Licensee was or should have been reasonably aware of unauthorized use of SciFindern or a violation of the Terms & Conditions, Licensee will not be liable to CAS for the actions of a Named User or unauthorized user who violates the terms of this License without the knowledge or consent of Licensee.
d. Warranty and Liability Disclaimers. CAS warrants that SciFindern is free from significant defects in material and workmanship under normal use. CAS further warrants that SciFindern and any update thereto will perform substantially in accordance with the corresponding published specifications. CAS DOES NOT MAKE ANY ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO SCIFINDERN AND ALL INFORMATION SUPPLIED TO LICENSEE PURSUANT TO THE TERMS & CONDITIONS, CAS DOES NOT WARRANT ACCURACY OR COMPLETENESS, IS NOT RESPONSIBLE FOR ERRORS AND OMISSIONS IN SEARCH RESULTS, DOES NOT REPRESENT THAT THE USE OF INFORMATION PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE TERMS & CONDITIONS WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, AND IS NOT LIABLE FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS) ARISING OUT OF ANY SERVICES RENDERED OR PRODUCTS PROVIDED, OR ANY FAILURE TO RENDER SERVICES OR PROVIDE PRODUCTS PURSUANT TO THE TERMS & CONDITIONS, OR IN ANY WAY ARISING FROM THE TERMS & CONDITIONS.
e. Privacy. Each party acknowledges and agrees that both parties may be required to comply with certain data protection, privacy, and/or information security laws, rules, regulations, or guidelines enforced in the jurisdictions in which Licensee and/or Named Users utilize SciFindern related to the collection and processing of Personal Data, including, without limitation, the European Union General Data Protection Regulation (the “Privacy Laws”),. Licensee agrees that CAS may collect, use, and otherwise process Personal Data in accordance with CAS privacy policies, incorporated herein by reference, and made available at http://www.cas.org/legal/privacy (the “CAS Privacy Policies”). Licensee represents and warrants that Licensee has obtained all reasonable and necessary consents from each Named User and any other data subject for CAS to process Personal Data in accordance with the CAS Privacy Policies and the Privacy Laws. Each party agrees to employ appropriate administrative, physical and technical safeguards designed to protect the Personal Data submitted to CAS or otherwise processed through SciFindern. Each party shall promptly notify the other party in the event of an unauthorized use, disclosure, collection, or access of Personal Data (an “Incident”). Licensee acknowledges and agrees that any such notification to impacted Named Users or other data subjects related to an Incident may be performed through electronic communication directed to the email address associated with Named Users or other data subjects, if known.
f. General Terms. Should any part of the Terms & Conditions be unenforceable, all other provisions will not be affected. If either party does not exercise any right provided for in the Terms & Conditions, this does not mean that such party waives the right to exercise it in the future. Neither CAS nor Licensee may assign or sublicense, without the other’s prior written consent, any rights, duties, or obligations under the Terms & Conditions to any person or entity, in whole or in part. The Terms & Conditions shall be governed by the laws of and interpreted by the courts of the District of Columbia of the United States of America. Licensee is responsible for all risks and costs associated with use of SciFindern and data accessed via SciFinder, including any and all applicable taxes and duties, such as local, use, value-added, or sales tax, and custom duties.
The foregoing GENERAL PROVISIONS shall survive the termination Licensee’s SciFindern access for any reason.
a. For Convenience. Each party has the right to terminate this License for the sake of convenience effective at the end of a Term, provided that the party choosing to terminate gives the other party at least 30 days' advance written notice.
b. For Default. Except as otherwise provided in the Terms & Conditions, if either party does not meet an obligation or promise made under the Terms & Conditions, the other may send written notice of the breach, including a reasonable cure period of not less than five (5) days. If the breach is not cured, or if the parties do not reach a satisfactory agreement on extending the cure period, then the non-breaching party may terminate the License effective immediately upon written notice.
c. Conditions Following Termination. On the effective date of termination, the License granted to use SciFindern is revoked, and Licensee will have no rights to continue to use SciFindern. The License to use data that has been accessed through SciFindern will remain in effect following termination, which includes the requirement to destroy data following the conclusion of the research project, or after thirty-six (36) months, whichever occurs first.
The foregoing TERMINATION conditions shall survive the termination Licensee’s SciFindern access for any reason.
Any notice(s) given under the Terms & Conditions may be sent by electronic mail, facsimile, or by certified mail to the party’s last known address.
11. ENTIRE AGREEMENT.
The Terms & Conditions are the entire understanding between the parties concerning the subject matter hereof, and supersede all prior representations and agreements, oral or written and, except as provided herein, may not be modified unless in writing signed by authorized individuals of both parties. A copy of Licensee’s Order shall have the same legal effect as an original. Any conflict between the Order and this SciFindern Academic Unlimited Access License shall be resolved in favor of the Order. If Licensee uses a purchase order in conjunction with ordering or paying for SciFindern, the parties agree that the terms of the purchase order will in no way modify, add to, or delete the Terms & Conditions. ANY DISCREPANCY BETWEEN LICENSEE’S PURCHASE ORDER(S) AND THE TERMS & CONDITIONS WILL BE RESOLVED IN FAVOR OF THE TERMS & CONDITIONS.
Last Updated: June 13, 2017