All users of SciFinder Scholar must agree to the following
conditions when they first use the client software:
"By clicking the Accept button below, I
hererby agree to all the terms and conditions set forth in this
license agreement.
1) I am a current faculty or administrative
staff member, or officially registered student of the University;
2) I will use SciFinder Scholar only for my
own academic research done in the course of pursuing my degree,
or in instructing my students, or, in the course of my own research
funded by the government or a non-profit foundation and intended
for publication in the publicly available literature;
3) I will NOT use SciFinder Scholar for commercial
research; for example, research that is done under a funding
or consultant contract where the results are delivered to a
for-profit organization, or for research that involves patentability
searching. If I require SciFinder for commercial purposes, I
will have the search done using a commercial account by contacting
the librarian responsible for chemistry searches on campus,
by contacting CAS and having them perform a search for me, or
by acquiring and using the commercial SciFinder product;
4) I will use my search results in the ordinary
course of academic research and acknowledge that I may store
search results in electronic form for the duration of research
projects, provided that at any one time, I store no more than
5,000 records. I may share search results in a limited, reasonable
way with other University students or faculty working on the
same project, but I will not aggregate my electronic search
results with those of anyone else. I will delete stored records
when I no longer need them for the relevant research project,
or after the completion of my degree program, whichever occurs
first. If I need to use search results beyond what is described
here, I will contact my University Key Contact to discuss and
to obtain CAS permission. I ACKNOWLEDGE THAT I AM NOT PERMITTED
TO DISTRIBUTE ANY CAS DATA OR SCIFINDER SCHOLAR, FOR COMMERCIAL
GAIN OR OTHERWISE, OUTSIDE THE UNIVERSITY OR TO THIRD PARTIES.
5) I acknowledge that the University has entered
into a license agreement with CAS to provide me with access
to SciFinder Scholar, and that violation of the license by any
user could result in a termination of the license for all users.
6) I will contact the University's Key Contact
with any questions related to the use of SciFinder Scholar."
In addition, this is a summary of the key terms and conditions
governing our use of SciFinder Scholar.
"The following is a brief summary of
the key terms and conditions agreed to by your consortium in
licensing SciFinder Scholar. Not all license terms are contained in this document
and any conflicts between this document and the complete CAS
SciFinder Scholar License Agreement will be governed by the
complete license. Please
contact your consortium for the full text of the Agreement should
you have any questions about your use of SciFinder Scholar. Please acknowledge your receipt of this summary.
Permitted
Use of SciFinder Scholar. Authorized Users are permitted to use SciFinder Scholar
only for Academic Research. Academic Research is educational research done in the
usual course in the pursuit of a degree, instructional (i.e.,
educational and training) use in a classroom setting; or research
by faculty and students which is funded by the government or
non-profit research foundations and intended for publication
in the publicly available literature. To qualify as Academic Research, the research must not
involve patentability searching, . which is defined as the comprehensive
search of prior art in the context of seeking a patent. Commercial Research is research other than Academic Research;
for example, research performed under a funding or consultant
contract with the intention of delivering results to a for-profit
organization, or patentability research.
Reasonableness
of Use. CAS will monitor the volume of searching and answer downloading
activity associated with each Authorized I.P. Address on a routine
basis, for the purposes of: (1) benchmarking what "average"
use is among Authorized I.P. Address(es), and (2) noting any
significant variance in patterns of usage for particular Authorized
IP Address(es). CAS
may ask the Key Contact and the Authorized User(s) involved
to discuss any usage pattern(s) CAS questions and, if necessary,
to work with CAS to reach a solution if a problem is uncovered. If, however, as a result of such inquiry CAS learns that
"excessive" or unusual use or any particular use is related
to non-compliance with any provision of this Agreement, and
depending on the scope of the non-compliance, CAS will instruct
a Member University with written notice to bar certain individuals
from using SciFinder Scholar, may bar a Member University from
using SciFinder Scholar, or may elect to terminate the Agreement. CAS will also have available to it all other remedies
available under applicable law and in equity.
Permitted
Data Use. The uses of CAS data which are permitted by CAS, are as follows: Authorized Users may make use of CAS data obtained as
a result of SciFinder Scholar searches in the ordinary course
of Academic Research and may store search results in electronic
form, provided that at any one time, no more than 5,000 records
are stored by an Authorized User. Authorized Users are permitted to search only for themselves
and may share their search results in a reasonable, limited
way with other students or faculty at the same Member University
who are working on the same research project. Any such sharing may not result in an aggregation of
the electronic records stored by individual Authorized Users,
nor in the creation of any central source of electronic records.
If not in violation of this or any other data use provision
of this Agreement, Members may share CAS data outside the Member
institution in conformance with Member policies governing access
to research information. Typical examples of these Member policies are: 1) Including
some bibliographic citations and other data items derived from
a database in published articles; 2) Presentation of research findings at a conference, in
a working paper or pre-print, or similar forum provided that
the subject matter is not CAS techniques, databases or processes;
and 3) Sharing
research information on request with another researcher or research
agency wishing to examine Member's research activity or replicate
a particular experiment, provided this information is not shared
in the fulfillment of a contractual or "work for hire" obligation. Stored records must be deleted when they are no longer
needed by the Authorized User for the relevant research project,
or after the completion of Authorized User's degree program,
whichever occurs first. Under no circumstances may CAS data or a collection of
CAS data be used for any other purpose, including
but not limited to distribution of data by assignment, sale,
sublicense, loan or other means of transfer to any other Member
University or to any third party, and any commercial use, whether
paid or unpaid. Any
use beyond the limited use described herein requires the advance
written permission of CAS.
Member Universities will: (1) display the User Agreement text provided by
its consortium to all users in a printable form, and require
the user to scroll through the text and indicate agreement (e.g.,
click-wrap agreement) prior to the initial download of the SciFinder
Scholar client software from the Member University network to
the Authorized User's personal computer; and (2) use other reasonable
efforts to communicate the Permitted Data Use rights to Authorized
Users.
I.P. Addresses. Member Universities must report to their consortium all
Authorized I.P. Address information, by Site, and may use SciFinder
Scholar only through its respective Authorized I.P. Addresses. These I.P. Addresses must be unique to the Member University. When temporarily at locations other than the Site, Authorized
Users may connect via telephone lines (dial-in access) through
Authorized I.P. Addresses to use SciFinder Scholar.
Security. Member
Universities will use reasonable efforts to ensure that only
Authorized Users have access to SciFinder Scholar. Member Universities must provide network-wide system
security such that all Authorized Users must be required to
prove their authorized status prior to each instance of downloading
the SciFinder Scholar software from a Member University's ftp
site and prior to each instance of connecting to the Member
University network via telephone dial-in to access SciFinder
Scholar. If, in
addition, Member University's campus network security protocols
will support password-protection for every SciFinder Scholar
program launch (i.e., every use of SciFinder Scholar), Member
University agrees to implement this.
Public
Access and Library Terminals. Member Universities acknowledge that the SciFinder Scholar
product is not intended to support any use other than that by
Authorized Users, e.g., use by walk-in visitors or general-public
library patrons is not allowed. CAS acknowledges that Member Universities may be unable
to segregate public or library computer terminals from the rest
of the Member University network, and that occasional walk-in,
public use of SciFinder Scholar may occur. If Member University's campus network will support password-protection
for every use of SciFinder Scholar in the library setting, Member
University agrees to implement this. Member Universities will, in any case, prominently display
a notice near all terminals, or electronically on the terminal
screen, to which the public has access and on which SciFinder
Scholar is available, indicating that SciFinder Scholar is for
use only by Member University students and faculty, and not
the general public.
Member
Enforcement. Member
Universities acknowledge the ACS' copyright and ownership interests
in SciFinder Scholar, that SciFinder Scholar is a principal
product of CAS and the importance to CAS of maintaining these
rights in the product and in CAS data. In addition to its other obligations, Member Universities
promise to use reasonable efforts to monitor usage of SciFinder
Scholar for compliance with the terms of this Agreement, and
will notify CAS immediately of any suspected violation by any
user. Member Universities
will use reasonable efforts to fully cooperate with CAS in investigating
any suspected violation, and will take such action as reasonably
requested by CAS, or which it deems in its good judgment to
be necessary, to correct such violation. Member Universities will be responsible for any failure
on its part to act in compliance with this paragraph.
Consortium
and Member Universities Limitation of Liability. The Consortium and Member Universities will exercise
reasonable, good faith efforts: 1) to inform Authorized Users of the restrictions addressed
in this Exhibit IV and in Sections A-K of paragraph 2 of the
Agreement with respect to the use of SciFinder Scholar, including
all data accessed therewith, and all optional add-on modules
(the "Restrictions"); 2) to enforce the Restrictions; 3) to
investigate with CAS any violation or suspected violation of
any of the Restrictions, whether by Authorized User(s) or not; and 4) to cooperate with CAS
in the resolution of the matter. Member Universities agree, at CAS' request, to review
from time to time with CAS the efforts described above and to
make such changes thereto as reasonably necessary. Neither the consortium nor Member Universities will be
liable to CAS for the actions of an individual user who has
acted without the knowledge or consent of the consortium or
the Member Universities, provided the consortium and the Member
Universities are in compliance with the requirements of this Exhibit IV and sections A-L of paragraph 2 of the
Agreement.
Confidentiality. Member Universities agree to keep the specific terms of this Agreement
strictly confidential as if it were their own confidential information;
for example, Member Universities may not post any Agreement
text or synopsis to the Internet or a Website except as specifically
permitted herein.
Key Contact. Member
Universities will designate an Authorized User to be its Key
Contact for SciFinder Scholar. Member Universities will provide CAS with necessary contact
information immediately if a Key Contact is added or changed. The Key Contact will arrange for the download of the
SciFinder Scholar client software from the CAS server both initially
and as maintenance releases become available and appropriately
customize it for use at a given Site. Customization means keying in the loginid and password
and determining software preference settings. The Key Contact is also responsible for ensuring that
the client software is loaded on the Member University network
such that only Authorized Users have access and may download
copies.
The Key Contact
will serve as the first point of contact for any Authorized
User question about SciFinder Scholar. As necessary, the Key Contact may request CAS Help Desk
and Customer Service support via telephone during regular service
hours. The Key Contact will also serve as CAS' first point of contact
at a Member University Site for any questions or issues that
may arise related to use of SciFinder Scholar during the term
of this Agreement. In
the event that CAS inquires regarding use of SciFinder Scholar
under the provisions of the Reasonableness of Use paragraph,
the Key Contact will use best efforts to assist CAS in exploring
and resolving any issues, which will include best efforts to
identify Authorized Users associated with Authorized I.P. Addresses. The Key Contact is responsible for arranging for signature
and returning this form to CAS. It may be faxed to CAS Legal Administration at 614-447-3939."
