Download CAS SCIFINDER® SCHOLAR LICENSE AGREEMENT for the

CAS SCIFINDER® SCHOLAR LICENSE AGREEMENT
for the
UNIVERSITY of CALIFORNIA ("UNIVERSITY")
CAS and UNIVERSITY agree as follows:
1. DEFINITIONS.
These words have the following meanings:
A. Academic Research. 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;
provided, however, that to qualify as Academic Research,
the research must not involve patentability searching.
B.
Administrative Contact.
An Authorized User
designated by UNIVERSITY as the primary point of
4ontact with CAS for all Agreement matters.
C. Authorized User. A current faculty or administrative
$taff member, or officially registered student of a Member,
including part-time, post-doctoral and visiting students,
located at a named Member Site, for whom a Member has
provided access to an Authorized 1.P. Address for use of
SciFinder Scholar.
Authorized LP. Address.
An Internet Protocol
0.
address(es) at a Member Site, in a form acceptable to
CAS, designated by the Member iJ> be associated with a
SciFinder Scholar loginid.
E. Commercial Research.
Research other than
Academic Research; for example, research performed
·~nder a funding or consultant contract with the intention of
elivering results to a for-profit organization, or
atentability research.
fl'. Concurrent User. Represents one connection to the
CAS server for the SciFinder Scholar product.
The
number of concurrent users refers to the number of
possible simultaneous connections to the CAS server.
CS. Full Access.
Twenty-four hour a day availability of
SciFinder Scholar. Access is available at any time except
for routine, scheduled "downtimes" for system
maintenance.
H. Key Contact.
An Authorized User designated by
each Member as the primary point of contact for local
support and administration of SciFinder Scholar.
I. Loginid Activation. An action taken by CAS following
LJNIVERSITY's or a Member's request which readies a
~ciFinder Scholar loginid for use.
J. Member.
UNIVERSITY.
Exhibit 1.
A cfampus which is a member of the
Partifipating Members are identified in
K. Offpeak Access. Availability of SciFinder Scholar
limited to the hours shown in Exhibit 2 (not Full Access).
L. Permitted Data Use. The uses. of CAS data which
are permitted by CAS, as follows:
Authorized Users ma make use of CAS data obtained as
a result of SciFinder Scholar searctlies in the ordinary
course of Academic Research and ' may store search
results in electronic fo , provided tha~ at any one time, no
more than 5,000 re rds are stored by an Authorized
User. Authorized Us rs are permitte~ to search only for
themselves and ma share their S'3arch results in a
reasonable, limited w y with other UNIVERSITY students
or faculty working on t e same research project; provided,
however, that any s ch sharing m~y not result in an
aggregation of the el ctronic records stored by individual
Authorized Users, nor in the creation of any central source
of electronic records. I not in violation!of this or any other
data use provision of this Agreement,i UNIVERSITY may
share CAS data out ide UNIVERSITY in conformance
with UNIVERSITY po icies governing access to research
information. Typical examples of these UNIVERSITY
policies are: 1. Inc uding some bi~liographic citations
and other data ite s derived from a database in
published articles; 2. Presentation af 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 ~nother researcher
or research agency wishing to examine UNIVERSITY's
research activity or Eplicate a particular experiment,
provided this informa ion is not shar¢d in the fulfillment
of a contractual or " ork for hire" bbligation. Stored
records must be delet d when they ar~ no longer needed
by the Authorized User for the relevant research project,
or after the completion of Authori~ed User's degree
program, whichever occurs first. Undar no circumstances
may CAS data be us d for any other purpose, including
but not limited to di tribution of dala by assignment,
sale, sublicense, lea or other meani of transfer to any
other Member, any th rd party, and ar:iy commercial use,
whether paid or unpa d. Any use beyond the limited use
described herein, req ires the advance written permission
ofCAS.
M. SciFinder Scholar. Release 3.0 of the CAS product
designed for academ c scientific resE!Jarch consisting of
client/server software which provide$ access to ACSowned and proprieta databases that include the world's
largest collection of c emistry information residing on the
CAS server, utilizing a GAS-designed graphical user
interface. SciFinder cholar includes SSM when SSM is
ordered by UNIVERSI
Exhibit 4
Feature Configurations/Concurrent Users
Feature Configuration
Full Access with SSM
·. Full Access with SSM
rull Access with SSM
Full Access with SSM
Ful l Acces s witll SSM
. ~£411 Access with SSM
fyJI A~ce.ss with..$SM .
fu11 Access with ssM
Full Access with SSM
Full Access with SSM
I
j
Number
of
Concurrent
Members (list all applicable)
.
I
Users
;
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1,
UC
"
UC
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.·. " ;UC
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"I
.. .': · UC
UC
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·. :·. r UC
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. '
UC
Berkeley
1¥· ·"' '
' .
:,l
Davis
:,:
Irvine
"' ·....,, .·
,
Los Anqeles
..
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.;:··
Merced
'f( '
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Riverside
4.
San Diego
...
r .< . ,.,"·
· Uc San Francisco
UC Santa Barbara
UC Santa Cruz
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F--::..
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Sites~
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Member
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12*
Ir
IL
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~
fhe initial order has a corresponding annual fee
r both SciFinder Scholar access as
~escribed above for all ten locations and print CA su scrip ions for all locations except Santa Cruz
<find Merced.
*The Price under this Agreement is based upon an order for 12 Concurrent Users which
may be shared by all Members. On an Experimental Basis, CAS will provide 18
Concurrent Users, for the price of 12 Concurrent Users, which may be shared by all
Members.
Feature Configurations Available:
ltull Access with SSM
Full Access without SSM
6ffpeak Access with SSM
cpttpeak Access without SSM
11
indicating that SciFipder Scholar i$ for use only by
Member students and!faculty, and not the general public.
N. SciFinder Substructure Module (SSM). An optional
add-on module to SciFinder Scholar consisting of
functionality that enables substructure searching of the
CAS REGISTRY File data available through SciFinder
Scholar. CAS may offer additional substructure search
add-ons to SciFinder Scholar which are not covered
Initially under this Agreement, e.g., additional data for
functionality.
p.
Site.
E. Client Software Oopies: Members may make copies
of the SciFinder Scholar client software to facilitate use of
the product under this Agreement onlyi
F. Reasonableness of Use.
Authorized Users are
permitted to use SciFinder Scholar only for Academic
Research. For Commercial Research, CAS offers a
commercial SciFinder[ product available under a separate
license agreement. .
All Member facilities located within a named
~am pus.
CAS will monitor th~ volume of searching and answer
downloading activity ~ssociated with each Authorized 1.P.
Address on a routine basis, for the purposes of: (1)
benchmarking what "average" use is among Authorized
l.P. Address(es), and$2) noting any significant variance in
patterns of usage for articular Authorized IP Address(es).
CAS may ask the Ke Contact and th~ Authorized User(s)
involved to discuss any usage pattem(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 with
written notice to bar certain individuals from using
SciFinder Scholar, may bar a Member from using
SciFinder Scholar, pr may elect to terminate this
Agreement. If a Member is barred fronn SciFinder Scholar
use, this may affect ~e terms of UNIVERSITY's use of
SciFinder Scholar. C S will also haye available to it all
other remedies avail ble under ap~llcable law and in
equity.
1
2. LICENSE.
CAS grants UNIVERSITY a non-exclusive, Site-specific
liicense for its Authorized Users to use SciFinder Scholar
and the CAS data that Authorized µsers search and
retrieve using SciFinder Scholar with the following limits:
.!\.
Site: This license is specific to the Member Sites
11.isted in Exhibit 1.
B. J.P. Addresses: Each Member must report to CAS
all Authorized l.P. Address information, by Site, in Exhibit
1, and may use SciFinder Scholar only through its
respective Authorized 1.P. Addresses listed in Exhibit 1.
To qualify for use under this Agreement, these l.P.
When
Addresses must be unique to a Member.
temporarily at locations other than the Site, Authorized
lUsers may connect via telephone lines (dial-in access)
~hrough Authorized l.P. Addresses to use SciFinder
Scholar.
C.
Security:
Each Member will use reasonable efforts
tb ensure that only Authorized Users have access to
$ciFinder Scholar. Each Member must provide networkwide system security such that all Authorized Users must
ll>e required to prove their authorized status prior to each
iristance of downloading the SciFinder Scholar software
~rom a Member's ftp site and prior to each instance of
connecting to the Member network via telephone dial-up
to access SciFinder Scholar. If, in addition, a Member's
<±ampus network security protocols will support passwordwrotection for every SciFinder Scholar program launch
(i.e., every use of SciFinder Scholar), the Member agrees
to implement this.
G. Data Use: Authorized Users are permitted to use
CAS data accessed through SciFinder Scholar according
to the Permitted Data Use rights. Members will: (1)
display the User Agreement text shown in Exhibit 3 to all
users in a printable form, and require the user to scroll
through the text and iindicate agreement (e.g., click-wrap
agreement) prior to the initial download of the SciFinder
Scholar client software from the Member network to the
Authorized User's pensonal computer, and (2) use other
reasonable efforts to communicate the Permitted Data
Use rights to Authorized Users. CAS will display the User
Agreement text through SciFinder Scholar features, such
as Message of the Day. Under no circumstances are
Authorized Users permitted to redistribute any collection of
CAS data to other Members or to third parties, whether for
commercial gain or otherwise, or In any other way
commercially exploit t~e CAS data obtained through use
of SciFinder Scholar. !
ID.
Public Access and Library Terminals:
UNIVERSITY acknowledges that the SciFinder Scholar
oduct is not intended to support any use other than that
y Authorized Users. CAS acknowledges that a Member
ay be unable to segregate public or library computer
terminals from the rest of the Member network, and that
while not permitted, occasional walk-in, public use of
$ciFinder Scholar may occur. If a Member's network will
support password-protection for every use of SciFinder
$cholar in the library setting, the Member agrees to
implement this.
Each Member 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,
*
H. Concurrent Users.
UNIVERSITY .will place an
order for the total number of Concurrent Users required by
its Members as show~in Exhibit 4. The order will include
a specific number of C ncurrent Users from the total order
for each Member's u e. Each Member must have at
least one Concurrent ser. Concurrent Users may not be
reassigned during any term of this Agreement. Members
are permitted to sh e Concurrent Users upon the
2
Condition
that only identical
may be shared.
SciFinder
Scholar
Neither UNIVERSITY' nor Members Will be liable to CAS
for the actions of an individual user who has acted
without the knowledge or consent of ~NIVERSITY or the
Members, provided UNIVERSITY and the Members are
in compliance with the requirements of sections A-L of
this paragraph 2.
I
~onfigurations
I·
Additional Member/Sites. If UNIVERSITY wishes
Member or an additional Site of an existing,
participating Member to participate in this Agreement,
UNIVERISTY may contact CAS for a quote and any
additional terms, if applicable. The addition of Members
~nd Sites is dependent on CAS' then-current policy in this
regard.
~mother
M. Beta Tests.
From time to time. CAS may invite
UNIVERSITY to ev luate prototypes or participate in
trials, alpha tests an /or beta tests of new releases or
new features/functio alities of SciFinder Scholar. The
terms of this Agreem nt will apply to 'the use of the new
release or features unctionalities.
Not withstanding
paragraph 11 below, dditional terms may be included in
a letter accompa ying the new software and
UNIVERSITY'S instal ation and use of the new software
thereafter will indicate acceptance~ of the additional
terms. UNIVERSITY will hold thes~ prototypes, trials,
alpha or beta tests in strict confidentiality.
.().
UNIVERSITY Enforcement. UNIVERSITY and its
Members acknowledge the ACS' copyright and
cpwnership 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
~bligations set forth specifically in this paragraph 2,
lfAembers promise to use reasonable efforts to monitor
11sage of SciFinder Scholar for compliance with the
•erms of this Agreement, and will notify CAS immediately
¢lf any suspected violation by any user. UNIVERSITY
~nd its Members will use reasonable efforts to fully
¢:ooperate with CAS in investigating any suspected
yiolation, and will take such action as reasonably
requested by CAS, or which it deems in its good
j1udgment to be necessary, to correct such violation.
lJNIVERSITY and each respective Member will be
~esponsible for any failure on its part to act in
¢ompliance with this paragraph 2(J).
N. Access to Other Services. Scil=inder Scholar may
provide UNIVERSITY with access to other optional
information services such as electromic full-text journal
articles/documents. CAS Document Detective Service
(CAS DDS), other Web services not associated with the
ACS or CAS. etc. Such access may require licenses or
agreements with the information providers and include
fees (in addition to the fees mentioned in paragraph 4)
for such services. The negotiating and entering into of
such licenses, agreements and other arrangements with
a third party and the payment of amy required fees is
separate from and beyond the scope. of this Agreement
and is the responsibility of lJJNIVERSITY and its
Members. UNIVERISITY will use and access such
services at its own tisk. Currently these are optional
features of SciFinder Scholar offeired to Authorized
Users at the sole dliscretion of U~iVERSITY and its
Members.
K. No Other Permitted Uses. Any use of SciFinder
$cholar by a Member not specifically permitted under
tjhis Agreement, including but not limited to distribution
t:Jy assignment, sale, sublicense, loan or other means of
transfer to any other Member, to any third party, and any
¢ommercial use, whether paid or unpaid, is strictly
~rohibited.
l;JNIVERSITY's right to use SciFinder Scholar is
<Completely stated here and has no other, or any
<!!dditional, rights to use it. CAS reserves and keeps all
<hther rights in and to SciFinder Scholar and CAS data.
0. STN International (STN) Discount. CAS will
provide each Member with Full-Access to SciFinder
Scholar with the cur~nt STN discount offered to print
Chemical Abstracts (CA) subscribers. regardless of
Member's print CA su scriber status.
~· UNIVERSITY and Members Limitation of Liability.
liJNIVERSITY and Members will exercise reasonable,
fllood faith efforts:
P.
Usage Reports.
CAS will provide to the
UNIVERSITY Administrative Contact usage reports based
upon l.P. Address on a monthly basis.
1)
to inform Authorized Users of the restrictions
cilddressed in sections A-K of this paragraph 2 with
nespect to the use of SciFinder Scholar, ineluding all
data accessed therewith, and all optional add-on
modules (the "Restrictions");
to enforce the Restrictions;
) to investigate with CAS any violation or suspected
iolation of any of the Restrictions, whether by
uthorized User(s) or not; and
4) to cooperate with CAS in the resolution of the matter.
)
l
Q. Archival Copy of Print CA. In the event all Members
cancel their subscript~· n to print CA ahd all Members are
subscribers to SciFin er Scholar, then CAS will provide
UNIVERSITY with on archival copy of the current year of
print CA
R. Experimental Concurrent Users.
While pricing
under this Agreement is based upon 12 Concurrent Users,
CAS will provide to UNIVERSITY on an experimental
basis 18 Concurrent lusers at the 12 Concurrent User
price.
lJNIVERSITY and Members agree, at CAS' request, to
~view from time to time with CAS the efforts described
above and to make such changes thereto as reasonably
necessary.
3
$. Training Ports. The Key Contact for each Member
not notify CAS on or before December 31, 1999 of the
evaluation period, then access to, SciFinder Scholar will
continue uninterruptectl and UNIVE'RSITY will be invoiced
in accordance with paragraph 40.
may contact CAS directly for access to training ports for
$pecific training sessions.
T. Linking to UNIVERSITY Internal Holdings. CAS and
WNIVERSITY agree to use reasonable efforts to establish
links from CAS to Member holdings and to the COL
Periodical Database.
C. Other Services. Fees for Web services made
accessible through SciFinder Scholar will generally have
separate invoices. There may be instances; however,
where these fees may appear on your SciFinder Scholar
invoice.
U. Training. CAS representatives will conduct at least
~ne
training session for Member librarians and users and
will provide copies of all current training materials.
D. Invoices. For LJNIVERSITY's initial order, invoicing
of the full annual license fee will occ1i.1r during the month
following the month during whrch Loginid Activation
occurs. Invoices wil be directed to •the Administrative
UNIVERS TY agrees to .remit all invoiced
Contact.
amounts, according to invoice terms. Fees are not
refundable under an circumstance. Should Member's
print CA subscriber st tus change frorti subscriber to nonsubscriber during the initial or any of the renewal terms,
CAS will adjust th price accordingly and invoice
UNIVERSITY for any additional fees due CAS. Member
agrees to remit all ad itional invoiced amounts according
to invoice terms.
3. TERM OF AGREEMENT.
This Agreement is effective when both parties have signed
ilt. The initial term extends through the last day of the 12th
month following the date of Loginid Activation under
1.,JNIVERSITY's initial order. It will automatically renew on
each anniversary date thereafter for another 12 month
period unless terminated as permitted herein.
~ecause renewal is automatic, UNIVERSITY must notify
CAS in advance if UNIVERSITY does not desire to
tontinue this Agreement following the end of each 12
~onth period or if UNIVERSITY's requirements for
~ciFinder Scholar change; UNIVERSITY will provide a
minimum 30 days' advance notice of this. If CAS does
rhot receive the minimum notice, CAS will automatically
~enew this Agreement for the then-current number of
~oncurrent Users at each Site for the next 12 month
Ji>eriod.
E. Changes in Prici111g. CAS may change the SciFinder
Scholar license fees rteferred to in paragraph 4A and will
notify UNIVERSITY's Administrative Contact and Key
Contact(s) at least 60f ays in advance of the date that any
new prices go into effect. Price modifications affect
Concurrent Users a ded after the price change and
renewal orders only.
4. SCIFINDER SCHOLAR PRICING.
5. ADMINISTRATIVE CONTACT.
A. Prices. Fees for the license to SciFinder Scholar are
c)letermined on the basis of number of Concurrent Users
llJer Site, and are differentiated according to print CA
$ubscriber status, selection of SSM and hours of
<!lVailability.
UNIVERSITY may customize the feature
~onfiguration of each Concurrent User with or without
~SM, for either Full or Offpeak Access.
UNIVERSITY designles the person npted in Exhibit 5 to
be UNIVERSITY's Administrative Contact.
The
Administrative Canta t may be react1)ed during normal
business hours at t e address, telephone and telefax
numbers and e-mail a dress set forth in Exhibit 5.
~NIVERSITY
UNIVERSITY will prbvide CAS with updated contact
information if the AeJlministrative Contact is added or
changed. The Admini$trative Contact is responsible for all
business matters rel(flting to this Agreement, including
billing. The Administrative Contact will also forward a
copy of Exhibit 3 to this Agreement to each Key Contact.
elects the feature configuration and number
<l>f Concurrent Users for each Member Site as specified in
l!:xhibit 4 for its initial order.
q;oncurrent User(s) may be added during the current term
for a prorated fee at then-current prices.
Feature
c:onfigurations may be upgraded during an Agreement
t~rm for a prorated fee. Other feature configuration
cthanges may be made during an Agreement term upon
mutual agreement.
6.
KEY CONTACTS.
Members designate the Authorized Users listed in Exhibit
5 to be Key Contacts. Each Member should have a local
Key Contact. Members will provide CAS with necessary
contact information immediately if a Key Contact is added
or changed.
$.
Evaluation Period.
Each Member is eligible to
SciFinder Scholar through December 31, 1999 at
no charge. On or before December 31, 1999,
L;JNIVERSITY must notify CAS at [email protected],
followed by fax notification to 614-447-3939, should it wish
tp not license SciFinder Scholar. In that event the license
granted in this Agreement is revoked, UNIVERSITY will
11ave no rights to continue to use SciFinder Scholar and
limited data use rights as specifically provided in
paragraph 9C of this Agreement. If UNIVERSITY does
~valuate
The Key Contact is responsible for the following
tasks:
A. Client Software. The Key Contact is responsible for
downloading the SciFi~der Scholar client software initially
and downloading the software as maintenance releases
become available, rom the CAS server and for
appropriately customi ing it for use at a given Site.
4
<Customization means keying in the loginid and password
~nd determining software preference settings. The Key
¢:ontact is also responsible for loading the client software
<l>n the Member network such that only Authorized Users
~ave access and may download copies.
~· Support of Authorized Users. The Key Contact will
~erve as the first point of contact for any Authorized User
~uestion about SciFinder Scholar. As necessary, the Key
¢:ontact may request CAS Help Desk and Customer
$ervice support via telephone during regular service
lllours.
C. CAS Inquiries.
The Key Contact will serve as CAS'
~irst point of contact at a Member Site for any questions or
i~sues that may arise related to use of SciFinder Scholar
~uring
the term of this Agreement. In the event that CAS
irquires regarding use of SciFinder Scholar under the
wrovisions of paragraph 2(F), the Key Contact will use best
¢fforts to assist CAS in exploring and resolving any
i~sues, which will include best efforts to identify Authorized
~sers associated with Authorized l.P. Addresses.
7. MAINTENANCE RELEASES.
CAS will provide Members with SciFinder Scholar
maintenance releases at no additional charge.
Maintenance releases include routine software fixes.
Members must use reasonable efforts to ensure that all
,f\uthorized Users install the maintenance release within
$0 days of their receipt of the release from CAS.
l\Aembers acknowledge that, to secure continued support
d>f SciFinder Scholar, Authorized Users must install the
~aintenance releases within this 90 day period.
8. GENERAL PROVISIONS.
f.·
Ownership. The copyright and title to all property
irterests in or to SciFinder Scholar and updates thereto,
ihcluding source and object code, user manuals, and
$cientific information accessed using it are in and will
nemain with the ACS as owner, and this Agreement does
r!lot grant UNIVERSITY or a Member any right of
~wnership.
The copyright of the ACS is under the
¢:opyrigh't Law of the US (Title 17, U.S. Code), which is
warty to both the Universal Copyright Convention and the
UNIVERSITY and
$erne Copyright Convention.
Members agree to r not remove or obscure copyright
rnotices.
l(JNIVERSITY, UNIVERSITY's Key Contact(s) and
.il\uthorized Users are prohibited from making any
rinodifications,
adaptations,
enhancements,
~ecompilations, changes or derivative works of SciFinder
$cholar. UNIVERSITY is not permitted to use SciFinder
$cholar except as specifically set forth herein.
Summary, which mayl be posted on t~e California Digital
Library website.
C. Warranty and Liability Disclaimers. CAS provides
the following limited warranty for SciFinder Scholar: the
electronic media on which SciFinder Scholar or an update
is recorded and any user manual provided under this
Agreement are free from significant defects in material and
workmanship under rnormal use. CAS further warrants
that SciFinder Scholar and any update thereto will perform
substantially in accprdance with the corresponding
published specificatiorlls. The limited warranties contained
in this paragraph are made for a period of 90 days from
the date on which ciFinder Scholar. or update(s) is
delivered to UNIVE SITY.
CAS' «;intire liability and
UNIVERSITY's and Members' exclusive remedy with
respect to this limite warranty is replacement of any
electronic media or u er manual not ml3eting the warranty
standard. EXCEPT OR THIS, CAS bOES NOT MAKE
ANY
WARRANTIES,
EXPRESS
OR
IMPLIED,
INCLUDING
ANY
IMPLIED
WARRANTIES
OF
MERCHANTABILITY
AND
FITNESS
FOR
A
PARTICULAR PURPOSE.
WITH RESPECT TO
SCIFINDER SCHOL.AR AND ALU. INFORMATION
SUPPLIED TO UNIV!ERSITY HEREUNDER, CAS DOES
NOT WARRANT ACCURACY OR COMPLETENESS OF
THE
PRODUCTS I OR
SERVICES,
IS
NOT
RESPONSIBLE FO~ ERRORS AND OMISSIONS IN
SEARCH RESULTS OR SOFTWARE DELIVERED
HEREUNDER, AND 1$ NOT LIABLE FOR DAMAGES OF
ANY KIND (lNCLUDllNG WITHOUT LIMITATION LOSS
OF PROFITS) ARI ING OUT OF. ANY SERVICES
RENDERED OR P ODUCTS PROVIDED, OR ANY
FAILURE TO REN ER SERVICES OR PROVIDE
PRODUCTS PURSU NT HERETO, bR IN ANY WAY
ARISING FROM THI AGREEMENT. However, CAS will
defend, indemnify, nd hold harmless UNIVERSITY,
their officers, agents and employees from all damages.
liabilities, costs, fee , including, but not limited to,
attorney's fees, re ulting from any judgment or
settlement agreemen arising out of t~e claim of a third
party that CAS' sal of products td UNIVERSITY or
UNIVERSITY's rea onable use df said products
constitutes an infrin ement of any patent, copyright,
trademark, trade namr, trade secret, 0, r other proprietary
or contractual right o any third party. NO LIMITATION
OF LIABILITY SET FORTH ELSEWHERE IN THIS
AGREEMENT
IS
APPLICABLE
TO
THIS
INDEMNIFICATION.
UNIVERSITY will give prompt
notice of an infringetnent claim to CAS, provide such
cooperation and assistance to CAS as is reasonably
necessary to defend the claim, and will allow CAS to
have sole control of the defense, provided, however, that
UNIVERSITY retains the right to participate in the
defense at its own expense.
$. Confidentiality. UNIVERSITY and Members agree to
D. Separability. Shpuld any part of this Agreement be
unenforceable, all oth1r provisions will not be affected.
~eep the specific terms of this Agreement strictly
donfidential as if it were UNIVERSITY's or Members' own
qonfidential information; except as required by applicable
law and except as provided in Exhibit 6, License
E. No Waiver. If ~CAS does not exercise any right
provided for in this A reement, this dpes not mean that
CAS waives the right t exercise it in the future.
5
f. Non-Assignment. Neither UNIVERSITY or CAS may
$ssign or sublicense, without the other party's prior
written consent, any rights, duties, or obligations under
this Agreement to any person or entity, in whole or in part.
The parties will provide notice to each other of any change
in address.
G.
Risks and Costs Associated With Use.
liJNIVERSITY and each Member is responsible for all risks
~nd costs associated with use of SciFinder Scholar and
¢AS data, including any and all applicable taxes and
~uties, such as local, use, value-added , or sales tax, and
¢ustom duties.
This Agreement, including Exhibit(s), is the entire
understanding between the parties concerning the subject
matter hereof, and it $upersedes all prior representations
and agreements, oral .or written and may not be modified
unless in writing sign¢d by authorized individuals of both
parties. If UNIVERISITY uses a purchase order in
conjunction with ordering or paying for SciFinder Scholar,
be advised that the terms of the purchase order will in no
way modify, add to, or delete any of the terms and
conditions of this Agreement.
ANY Dl.SCREPANCY
BETWEEN .UNIVERSITY'$ PURCHASE ORDER(S) AND
THIS AGREEMENT WILL BE RESOLVED IN FAVOR OF
THIS AGREEMENT.
11. ENTIRE AGREEMENT.
9. TERMINATION OF AGREEMENT.
A. For Default. If either party breaches a term of this
Agreement, the other may send written notice of the
~reach, including a reasonable cure period not less than
$0 business days. If the breach is not cured within that
~ime, or if the parties do not reach a satisfactory
~greement on extending the cure period, then the non~eaching party may terminate this Agreement effective
lrimediately upon written notice. CAS has the option of
barring only a breaching Member from using SciFinder
~cholar in' lieu of full termination of this Agreement.
12. AUTHORITY.
The representative of UNIVERSITY signing this
Agreement represent$ that he or she has the full and
complete authority to bind UNIVERSITY and all of its
Members to the terms !of this Agreement.
~·
For Convenience.
Each party has the right to
Jierminate this Agreement for the sake of convenience
' ffective at the end of the then-current 12 month period,
11>rovided that the party choosing to terminate gives the
ci>ther party at least 30 days' advance written notice.
The parties' agreement with the terms therein is evidenced
with their respective signatures below: ;
SIGNATURE
BY
REPRESENTATIVE:
C. Conditions Following Termination. On the effective
dlate of termination of this Agreement, regardless of the
~eason for termination , the license. granted in this
-t-greement to use SciFinder Scholar is revoked, and
t!JNIVERSITY will have no rights to continue to use
$ciFinder Scholar. On the effective date of termination,
CAS will de-activate all of UNIVERSITY's SciFinder
, cholar. loginids. Followin.g termination , UNIVERSITY and
embers will erase or otherwise destroy all copies of
ciFinder Schol?r in their possession (including archive
¢opies) and provide CAS with a written certification of the
~estruction within a 2 week period. The license to use
¢:AS data that has been accessed through SciFinder
!pcholar w
. ill continue under the terms of Permitted Data
l(Jse, defined in paragraph 1M, which include the
~quirement to destroy data at the end of the research
~roject or degree program, whichever is first.
~
UNIVERSITY'S
Director, Shared Conlj!'mt
Title
December 17 1999
Date
SIGNATURE BY CAS' AUTHORIZED
REPRESENTATIVE:
fbaragraphs 8 and 9 will survive the termination of this
4,greement for any reason.
10. NOTICES.
Any notice(s) given under the license must be sent in
t'riting and will be ccinsidered given: (i) upon receipt by the
transmitting party of confirmation or response if delivery is
by telex, telegram , facsimile, or electronic mail; (ii) 5 days
~fter posting if sent by registered mail or certified, return
~ceipt requested mail, postage prepaid, or (iii) one day
~fter posting by overnight mail.
Mailed or transmitted
~otices must be sent to the addresses shown in Exhibit 5.
~000
6
AUTHORIZED
Exhibit 1
Member Sites
I·Mentt.ber .
~C $erkeley
.
I
I
I LIC : avis
1
Davis, CA
uc Irvine
I Los Angeles, CA.
UC rylerced
Merced, CA
7
I UC Riverside
UC San Diego
Riverside. CA
San Diego. CA
I
UC San Francisco
San Francisco. CA
UC Santa Barbara
UC Santa Cruz
San ta Barbara, CA
San ta Cruz. CA
~---
UC Office of the President- Oakland. CA
California D191tal Library
8
Exhibit 2
Offpeak Access
Hours of SciFinder Scholar Availability
Note: "Local time" refers to the local time of the Member Site.
Sunday 8:00 A.M. EST
through
Monday 5:00 A.M. LOCAL TIME
Monday 5:00 P.M. LOCAL TIME
through
Tuesday 5:00 A.M. LOCAL TIME
Tuesday 5:00 P.M. LOCAL TIME
through
Wednesday 5:00 A.M. LOCAL TIME
Wednesday 5:00 P.M. LOCAL TIME
through
Thursday 5:00 A.M. LOCAL TIME
Thursday 5:00 P.M. LOCAL TIME
through
Friday 5:00 A.M. LOCAL TIME
Friday 5:00 P.M. LOCAL TIME
through
Saturday 6:00 P.M. EST
9
Exhibit 3
User Agreement
You certify to the following before you use SciFinder Scholar:
1), I am a current faculty or administrative staff member, or officially registered student of UNIVERSITY;
2f
3)
4)
5)
6)
I will use SciFinder Scholar only for my own academic research done 1in the course of pursuing my degree,
or in instructing my students, or, in the course of my own research funded by th~ go~ernment or a nonprofit foundation and intended for publication in the publicly available literature;
I will NOT use SciFinder Scholar for commercial research; for exallhple, 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 commeircial purposes, I will have the search
done using a commercial account by contacting the librarian res1Ponsible for chemistry searches on
campus, by contacting CAS and having them perform a search fort me, or by acquiring and using the
commercial SciFinder product;
I will use my search results in the ordinary course of academic research and acknowledge that I may store
search results in electronic form, provided that at any one time, I stor$ 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 res~arch project, or after the completion
of my degree program, whichever occurs first. If I need to use seartch results beyond what is described
I
here, I will contact my UNIVERSITY Key Contact to discuss ar11d to obtain CAS permission.
ACKNOWLEDGE THAT I AM NOT PERMITTED TO DISTRIBUTS ANY CAS DATA OR SCIFINDER
SCHOLAR, FOR COMMERCIAL GAIN OR OTHERWISE, OUTSIDEt THE UNIVERSITY OR TO THIRD
PARTIES.
I acknowledge that 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 resul~ in a termination of
the license for all users.
I will contact UNIVERSITY's Key Contact with any questions related tp the use of SciFinder Scholar.
10
Exhibit 5
University Administrative Contact
Administrative Contact Name:
Title:
Address:
'
California Digital Library
300 Lakeside Drive, 5th Floor
Oakland, CA 94612-3550
Telephone
Telefax:
Email:
Member Key Contacts
Member Key Contact Name:
Title:
Address:
Telephone
Telefax:
Email:
Member Key Contact Name:
Title:
Address:
Telephone:
Telefax:
Email:
Member Key Contact Name:
Title:
Address:
Telephone:
Telefax:
Email:
Member Key Contact Name:
Title:
Address:
Telephone
Telefax:
Email:
12
Member Key Contact Name:
Title:
Address:
Telephone
Telefax:
Email:
Member Key Contact Name:
Title:
Address:
Telephone
Telefax:
!Email:
Member Key Contact Name:
Title:
Address:
Telephone
Telefax:
Email:
Member Key Contact Name:
Title:
Address:
Telephone
Telefax:
Email:
Member Key Contact Name:
Title:
Address:
Telephone:
Telefax:
Email:
Member Key Contact Name:
Title:
Address:
Telephone
Telefax:
Email:
13
Exhibit 6
License Summary - CAS SCIFINDER® SCHOLAR LICENSE AGREEMENT
1. DEFINITIONS.
these words have the following meanings:
A. Academic Research. 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
!iJOvernment or non-profit research ~oundations and intended for public~tion in the publi.~ly avail ab.le literature; provided,
~owever, that to qualify as Academic Research, the research must not involve patentabi11ty searching.
$. Administrative Contact. An Authorized User designated by UNIVERSITY as the primary point of contact with CAS
for all Agreement matters.
c. Authorized User. A current faculty or administrative staff member, or officially registered student of a Member,
iincluding part-time, post-doctoral and visiting students, located at a named Member Site, for whom a Member has
~rovided access to an Authorized 1.P. Address for use of SciFinder Scholar.
ID.
Authorized l.P. Address.
An Internet Protocol address(es) at a Member Site, in a fotm Jcceptable to CAS,
by the Member to be associated with a SciFinder Scholar loginid.
~esignated
E. Commercial Research.
Research other than Academic Research; for example, research performed under a
or consultant contract with the intention of delivering results to a for-profit organization, or patentability research.
~unding
f. Concurrent User. Represents one connection to the CAS server for the SciFiinder Scholar product. The number
of concurrent users refers to the number of possible simultaneous connections to the CAS server.
¢;.
Full Access. Twenty-four hour a day availability of SciFinder Scholar. Access is available at any time except for
noutine, scheduled "downtimes" for system maintenance.
H. Key Contact.
An Authorized User designated by each Member as the primary point of contact for local support
$nd administration of SciFinder Scholar.
I, Loginid Activation.
An action taken by CAS following UNIVERSITY's or a Member's request which readies a
$ciFinder Scholar loginid for use.
I
J. Member.
A Campus which is a member of the UNIVERSITY. Participating Members are identified in Exhibit 1
K. Offpeak Access. Availability of SciFinder Scholar limited to the hours shown in Exhibit 2 (not FulliAccess).
L. Permitted Data Use. The uses of CAS data which are permitted by CAS, as folllows:
,4uthorized 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
~.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 UNIVERSITY students or faculty working on the same
research project; provided, however, that any such sharing may not result in an a!iJgregation 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
t~is or any other data use provision of this Agreement, UNIVERSITY may share CAS data outside UNIVERSITY in
qonformance with UNIVERSITY policies governing access to research information. Typical examples of these
UNIVERSITY 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
i!lformation on request with another researcher or research agency wishing to examine UNIVERSITY's research
qctivity or replicate a particular experiment, provided this information is not shared in the fulfilfment 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.
LiJnder no circumstances may CAS data be used for any other purpose, including but not limited to distribution of data
tjy assignment, sale, sublicense, loan or other means of transfer to any other Member, any third party, and any
14
cpmmercial use. whether paid or unpaid. Any use beyond the limited use described herein, requires the advance
V>1ritten permission of CAS.
M. SciFinder Scholar. Release 3.0 of the CAS product designed for academic scientific research consisting of
client/server software which provides access to ACS-owned and proprietary databases that include the world's largest
cpllection of chemistry information residing on the CAS server, utilizing a GAS-designed graphical user interface.
$ciFinder Scholar includes SSM when SSM is ordered by UNIVERSITY.
N. SciFinder Substructure Module (SSM). An optional add-on module to SciFinder Scholar consisting of functionality
tl;1at enables substructure searching of the CAS REGISTRY File data available through SciFinder Scholar. CAS may
dffer additional substructure search add-ons to SciFinder Scholar which are not covered initially under this Agreement,
d.g., additional data for functionality.
0. Site.
All Member facilities located within a named Campus.
2. LICENSE.
CAS grants UNIVERSITY a non-exclusive, Site-specific license for its Authorized Users to use SciFinder Scholar and
the CAS data that Authorized Users search and retrieve using SciFinder Scholar witlll the following li~~!s:
A. Site:
This license is specific to the Member Sites listed in Exhibit 1
e. 1.P. Addresses: Each Member must report to CAS all Authorized l.P. Address information, by Site, in Exhibit 1,
and may use SciFinder Scholar only through its respective Authorized 1.P. Addresses listed in Exhibit 1. To qualify for
.~se under this Agreement, these 1.P. Addresses must be unique to a Member. When temporarily at locations other
than the Site. Authorized Users may connect via telephone lines (dial-in access) through Authorized l.P. Addresses to
1.11se SciFinder Scholar.
C. Security: Each Member will use reasonable efforts to ensure that only Authorized Users have access to SciFinder
Scholar. Each Member must provide network-wide system security such that all Authorized Users must be required to
!?rove their authorized status prior to each instance of downloading the SciFinder Scholar software from a Member's ftp
$ite and prior to each instance of connecting to the Member network via telephone dial-up to access SciFinder Scholar.
~f. in addition, a Member's campus network security protocols will support password-protection for every SciFinder
Scholar program launch (i.e .. every use of SciFinder Scholar), the Member agrees to implement this. "
0. Public Access and Library Terminals:
UNIVERSITY acknowledges that the SciFinder Scholar product is not
to support any use other than that by Authorized Users. CAS acknowledges that a Member may be unable to
$egregate public or library computer terminals from the rest of the Member network, and that while not permitted,
¢>ccasional walk-in, public use of SciFinder Scholar may occur. If a Member's network will support password-protection
for every use of SciFinder Scholar in the library setting, the Member agrees to imple1ment this. Each Member 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 $cholar is for use only by Member
i>tudents and faculty, and not the general public.
~ntended
E. Client Software Copies: Members may make copies of the SciFinder Scholar client software to facilitate use.of the
product under this Agreement only.
f. Reasonableness of Use. Authorized Users are permitted to use SciFinder Scholar only for Academic Research
For Commercial Research, CAS offers a commercial SciFinder product available under a separate license agreement.
~AS will monitor the volume of searching and answer downloading activity associated with each Authorized 1.P.
lA.ddress on a routine basis, for the purposes of: (1) benchmarking what "average" use is among Authorized l.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
'earns 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 with written notice to bar
certain individuals from using SciFinder Scholar, may bar a Member from using SciFinder Scholar, or may elect to
terminate this Agreement.
If a Member is barred from SciFinder Scholar use, this may affect the terms of
UNIVERSITY'S use of SciFinder Scholar. CAS will also have available to it all other remedies available under applicable
1law and in equity.
15
G.
Data Use: Authorized Users are permitted to use CAS data accessed through SciFinder Scholar according to the
permitted Data Use rights. Members will: (1) display the User ~g~eement text $hown in ~xhibit 3 to all users in. a
printable form, and require the user to scroll through the text and 1nd1cate agreement (e.g., click-wrap agreement) prior
to the initial download of the SciFinder Scholar client software from the Member network to the Authorized User's
personal computer, and (2) use other reasonable efforts to c~~municate the Permitted Data Use rights to Authorized
Users. CAS will display the User Agreement text through Sc1Finder Scholar feat11Jres, such as Message of the Day.
Under no circumstances are Authorized Users permitted to redistribute any collection of CAS data to other Members or
to third parties, whether for commercial gain or otherwise, or in any other way commercially exploit the CAS data
obtained through use of SciFinder Scholar.
H. Concurrent Users.
UNIVERSITY will place an order for the total number of Concurrent Users required by its
Members as shown in Exhibit 4. The order will include a specific number of Concurrent Users from the total order for
each Member's use. Each Member must have at least one Concurrent User. Concurrent Users may not be
teassigned during any term of this Agreement. Members are permitted to share Concurrent Users upon the condition
that only identical SciFinder Scholar configurations can be shared.
1. Additional Member!Sites. If UNIVERSITY wishes another Member or an additional Site of an existing, participating
fv1ember to participate in this Agreement, UNIVERISTY may contact CAS for a quote and any additional terms, if
applicable. The addition of Members and Sites is dependent on CAS' then-current policy in this regard.
u.
UNIVERSITY Enforcement.
UNIVERSITY and its Members 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 othe1r obligations set forth specifically in
this paragraph 2, Members 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.
UNIVERSITY and its Members 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. UNIVERSITY and each respective Member will be responsible for any failure
pn its part to act in compliance with this paragraph 2(J).
K. No Other Permitted Uses. Any use of SciFinder Scholar by a Member not specifically permitted under this
Agreement, including but not limited to distribution by assignment, sale, sublicense, loan or other means of transfer
to any other Member, to any third party, and any commercial use, whether paid or unpaid, is strictly prohibited.
UNIVERSITY'S right to use SciFinder Scholar is completely stated here and has no other, or any additional, rights to use
It. CAS reserves and keeps all other rights in and to SciFinder Scholar and CAS data.
~· UNIVERSITY and Members Limitation of Liability.
faith efforts:
UNIVERSITY and Members will exercise reasonable, good
1) to inform Authorized Users of the restrictions addressed in sections A-K of this paragraph 2 with respect to the
(Jse of SciFinder Scholar, including all data accessed therewith, and all optional add-on modules (the "Restrictions");
~) to enforce the Restrictions;
3) to investigate with CAS any violation or suspected violation of any of the Restrictions, whether by Authorized
l.Jser(s) or not; and
4) to cooperate with CAS in the resolution of the matter.
\,JNIVERSITY and Members 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 UNIVERSITY nor Members will be liable to CAS for the actions of an individual user who has acted without
the knowledge or consent of UNIVERSITY or the Members, provided UNIVERSITY and the Members are in
¢ompliance with the requirements of sections A-L of this paragraph 2.
M. Beta Tests. From time to time, CAS may invite UNIVERSITY to evaluate prototypes or participate in trials,
alpha tests and/or beta tests of new releases or new features/functionalities of SciFinder Scholar. The terms of this
Agreement will apply to the use of the new release or features/functionalities. Not withstanding paragraph 11 below,
additional terms may be included in a letter accompanying the new software and UNIVERSITY's installation and use
of the new software thereafter will indicate acceptance of the additional terms. UNIVERSITY will hold these
prototypes, trials, alpha or beta tests in strict confidentiality.
N. Access to Other Services.
SciFinder Scholar may provide UNIVERSITY with access to other optional
information services such as electronic full-text journal articles/documents, CAS Document Detective Service (CAS
16
DDS). other Web services not associated with the ACS or CAS, etc. Such access may require licenses or
agreements with the information providers and include fees (in addition to the fees mentioned in paragr~ph 4) ~or
such services. The negotiating and entering into of such licenses. agreements and other arrangements with a third
party and the payment of any required fees is separate from and beyond the scope of this A~reeme~t and is _the
responsibility of UNIVERSITY and its Members. UNIVERSITY will use and access such services at its own risk.
Currently these are optional features of SciFinder Scholar offered to Authorized Users at the sole discretion of
UNIVERSITY and its Members.
3. TERM OF AGREEMENT.
1
This Agreement is effective when both parties have signed it. The initial term extends through the last day of the 12 h
month following the date of Loginid Activation under UNIVERSITY's initial order. It will automatically renew on each
anniversary date thereafter for another 12 month period unless terminated as permitted herein.
Because renewal is automatic, UNIVERSITY must notify CAS in advance if UNIVERSITY does not desire to continue
this Agreement following the end of each 12 month period or if UNIVERSITY's requirements for SciFinder Scholar
change. UNIVERSITY will provide a minimum 30 days' advance notice of this. If CAS does not receive the minimum
notice, CAS will automatically renew this Agreement for the then-current number of Concurrent Users at each Site for
the next 12 month period.
4. SCIFINDER SCHOLAR PRICING.
A. Prices.
Fees for the license to SciFinder Scholar are determined on the basis of number of Concurrent Users per
Site, and are differentiated according to print CA subscriber status, selection of SSM and hours of availability.
UNIVERSITY may customize the feature configuration of each Concurrent User with or without SSM, for either Full or
pffpeak Access.
UNIVERSITY elects the feature configuration and number of Concurrent Users for each Member Site as specified in
Exhibit 4 for its initial order.
Concurrent User(s) may be added during the current term for a prorated fee at then-current prices. Feature
configurations may be upgraded during an Agreement term for a prorated fee. Other feature configuration changes may
be made during an Agreement term upon mutual agreement.
B. Evaluation Period. Member is eligible to evaluate SciFinder Scholar through December 31, 1999 at no charge. On
or before December 31, 1999, UNIVERSITY must notify CAS at [email protected], followed by fax notification to 614447-3939, should it wish to not license SciFinder Scholar. In that event the license granted in this Agreement is
revoked, and UNIVERSITY will have no rights to continue to use SciFinder Scholar and limited data use rights as
specifically provided in paragraph 9.C of this Agreement. If UNIVERSITY does not notify CAS on or before December
31, 1999 of the evaluation period, then access to SciFinder Scholar will continue uninterrupted and UNIVERSITY will be
invoiced in accordance with paragraph 4.D.
C. Other Services. Fees for Web services made accessible through SciFinder Scholar will generally have separate
invoices. There may be instances; however, where these fees may appear on your SciFinder Scholar invoice.
D. Invoices. For UNIVERSITY's initial order, invoicing of the full annual license fee will occur during the month
following the month during which Loginid Activation occurs. Invoices will be directed to the Administrative Contact.
UNIVERSITY agrees to remit all invoiced amounts, according to invoice terms. Fees are not refundable under any
circumstance. Should Member's print CA subscriber status change from subscriber to non-subscriber during the initial
or any of the renewal terms, CAS will adjust the price accordingly and invoice UNIVERSITY for any additional fees due
CAS. Member agrees to remit all additional invoiced amounts according to invoice terms.
E. Changes in Pricing. CAS may change the SciFinder Scholar license fees referred to in section A and will notify
UNIVERSITY's Administrative Contact and Key Contact(s) at least 60 days in advance of the date that any new prices
go into effect. Price modifications affect Concurrent Users added after the price change and renewal orders only.
5. ADMINISTRATIVE CONTACT.
UNIVERSITY designates the person noted in Exhibit 5 to be UNIVERSITY's Administrative Contact.
The
Administrative Contact may be reached during normal business hours at the address, telephone and telefax numbers
and e-mail address set forth in Exhibit 5.
17
UNIVERSITY will provide CAS with updated contact information if the Administrative Contact is added or changed. The
Administrative Contact is responsible for all business matters relating to this Agreement, including billing. The
Administrative Contact will also forward a copy of Exhibit 3 to this Agreement to each Key Contact.
6. KEY CONTACTS.
Members designate the Authorized Users listed in Exhibit 5 to be Key Contacts. Each Member should have a local Key
Members will provide CAS with necessary contact information immediately if a Key Contact is added or
changed.
~ontact.
The Key Contact is responsible for the following tasks:
A. Client Software. The Key Contact is responsible for downloading the SciFinder Scholar client software initially and
downloading the software as maintenance releases become available, from the CAS server and for appropriately
customizing 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 loading the client software on the Member
network such that only Authorized Users have access and may download copies.
B. Support of Authorized Users. 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.
I
C. CAS Inquiries. The Key Contact will serve as CAS' first point of contact at a Member 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 paragraph 2(F), 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 1.P. Addresses.
7. MAINTENANCE RELEASES.
CAS will provide Members with SciFinder Scholar maintenance releases at no additional charge. Maintenance releases
include routine software fixes. Members must use reasonable efforts to ensure that all Authorized Users install the
maintenance release within 90 days of their receipt of the release from CAS. Members acknowledge that, to secure
eontinued support of SciFinder Scholar, Authorized Users must install the maintenance releases within this 90 day
p>erio<;I.
8. GENERAL PROVISIONS.
A. Ownership. The copyright and title to all property interests in or to SciFinder Scholar and updates thereto, including
source and object code, user manuals, and scientific information accessed using it are in and will remain with the ACS
as owner, and this Agreement does not grant UNIVERSITY or a Member any right of ownership. The copyright of the
ACS is under the Copyright Law of the US (Title 17, U.S. Code), which is party to both the Universal Copyright
Convention and the Berne Copyright Convention.
UNIVERSITY and Members agree to not remove or obscure
copyright notices.
L!NIVE~SITY, UNIVERSITY's Key Contact(s) and Authorized Users are prohibited from making any modifications,
~daptations, enhancements, decompilations, changes or derivative works of SciFinder Scholar. UNIVERSITY is not
permitted to use SciFinder Scholar except as specifically set forth herein.
B. Confidentiality. UNIVERSITY and Members agree to keep the specific terms of this Agreement strictly confidential
a13 if it were UNIVERSITY's or Members' own confidential information; except as required by applicable law and except
as provided in Exhibit 6, License Summary, which may be posted on the California Digital Library website.
18
Exhibit 3
User Agreement
You certify to the following before you use SciFinde~ Scholar:
1)
2)
3)
4)
5)
6)
I am a current faculty or administrative staff mEjmber, or officially registered student of UNIVERSITY; ·
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 the1course of my own research funded by the government or a
non-profit foundation and intended for publication in the publicly available literature;
I will NOT use Sci Finder Scholar for commer~ial research; for example, research that is done under a
funding or consultant contract where the resul'5 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 contaqting 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;
I will use my search results in the ordinary course of academic research and acknowledge that I may
store search results in electronic form, 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 ag~regate 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
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