Coronavirus Research Hub Registered User Agreement

This Registered User Agreement ("Agreement") is between you and Elsevier B.V, Radarweg 29, 1043 NX, Amsterdam, The Netherlands ("Elsevier") and sets forth the terms and conditions governing the use of the Elsevier resources and solutions made available free of charge through the Elsevier Coronavirus Research Hub https://www.elsevier.com/coronavirus-research-hub (collectively, “Services ") to registered users.

The Elsevier Coronavirus Research Hub has been created to assist the research community in overcoming the Coronavirus pandemic.

By becoming a registered user, completing the online registration process and checking the box "I have read and understand the Registered User Agreement and agree to be bound by all of its terms" on the registration page, and using any of the Services, you agree to be bound by all of the terms and conditions of this Agreement.

For access to Veridata Electronic Data Capture (EDC) solution you must enter into a separate agreement via the dedicated process indicated on https://service.elsevier.com/app/home/supporthub/VeridataEDC/

This Agreement expressly incorporates by reference and includes:

  • https://www.elsevier.com/legal/privacy-policy;
  • any guidelines, rules or disclaimers that may be posted and updated on specific web pages, or on notices that are sent to you; and
  • the Service specific clauses behind the links indicated below under Product Specific Terms and Conditions.

In the event of any inconsistencies between the Product Specific Terms and Conditions and the clauses in this Agreement, this latter will control.

Password Use and Registration

By entering into this Agreement, you acknowledge that the Services are for your exclusive use only. Use or sharing of your username and password by another user is prohibited. You must take reasonable steps to keep your password confidential and secure. You agree to immediately notify Elsevier if you become aware of or have reason to believe that there is any unauthorized use of your password or account or any other breach of security. Elsevier is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.Failure to comply may result in immediate suspension of your account.

You agree to provide accurate and complete registration information. It is your responsibility to inform Elsevier of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Elsevier does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise.

Grant of License

Elsevier grants to its registered users a free of charge, non-transferable, non-exclusive and revocable license and right to use the Services according to the terms and conditions set forth in this Agreement exclusively for the purpose of conducting Coronavirus research in the area(s) you specified as part of your application via the Coronavirus Research Hub. Except as expressly granted by this Agreement, you acquire no right, title or license in the Services or the content or other data or materials incorporated in the Service.

You must acknowledge the "Elsevier Coronavirus Research Hub" as a source in any publications resulting from the research conducted with the Services.

Term and Termination

Your access to the Services will continue until 28th October 2020. Upon termination of the access to the Service, you shall cease all use of the Service.

Elsevier may terminate this Agreement upon prior written notice at its convenience at any time.

Text and Data Mining Rights

Some of the Services contain an online text and data mining functionality enabling you to continuously and automatically extract and index and/or process information from the content made available and load and integrate the results (the “TDM Output”) on your local system for research access, analyses and re-use in any form or by any means with acknowledgement of the original source and distribute the TDM Output externally, which may include a few lines of query-dependent text of individual full text articles or book chapters or bibliographic metadata. Where bibliographic metadata are distributed, they should be accompanied by a DOI link that points back to the individual full text article or book chapter.  Further the TDM Output should acknowledge the source and include a notice in the following form:

“© Some rights reserved. This work permits non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.”

The text and data mining functionality may only be used for the purpose of conducting Coronavirus research. Unless expressly agreed herein you may not create any derivative work based on the Services or TDM Output.

Disclaimer

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES  ARE PROVIDED “AS IS” AND ELSEVIER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES  AND ANY OTHER DATA, DOCUMENTATION OR MATERIALS PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS CONTAINED THEREIN, AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability.

To the extent permitted by applicable law, in no event will Elsevier or its suppliers be liable for any direct, indirect, incidental, special, consequential or punitive damages including, but not limited to, loss of data, business interruption or loss of profits, arising out of or in connection with this Agreement.

You acknowledge and agree that Elsevier and its affiliates, subsidiaries, agents, and suppliers (“Elsevier Covered Parties”) provide no medical advice in connection with the Services and that the professional duty to the patient in providing healthcare services lies solely with the healthcare professional providing patient care. The information contained in the Services may include or incorporate third party information which is not subject to evaluation by the Elsevier Covered Parties and, in any event, is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, nurses, or other healthcare professionals in patient care.  Elsevier is not engaged in rendering medical, pharmacologic or health care advice or services. The Elsevier Covered Parties do not assume any responsibility for your actions which may result in liability or damages due to malpractice, failure to warn, negligence, or any other basis, and the you will indemnify, defend and hold harmless the Elsevier Covered Parties from and against any loss, damage, costs, liability and expenses (including reasonable attorneys’ fees) arising from or out of any such third party action or claim.

Except for certain patient information materials and materials specifically provided to the registered user for distribution to and use directly by patients, the Clinical Key Services are designed for and intended to be used by trained healthcare professionals as a reference resource and assume specialized knowledge by users and the exercise of that knowledge and discretion in application of the information contained in the Services. You assume all responsibilities, duties, and obligations for any treatment, decision or advice made or given to third parties as a result of the use or application of the ClinicalKey Services, and for the content, accuracy, and review of such results.

Export Controls: Elsevier is precluded under US and EU sanctions programs from providing consultative services and software to persons located in sanctioned countries.Where the Services, its content or any submission consist of software or consultative services that are subject to US, EU or any other Export Controls, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government, EU  or other embargo, or that has been designated by the U.S. Government or the EU as a “terrorist supporting” country;  (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties.

If you cannot meet any of the above representations and warrantiesyou agree not to apply for or use any restricted services made available via the Services.

No Assignment: You may not assign your rights or obligations under this Agreement to anyone.

No Waiver: Neither failure nor delay on the part of Elsevier to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

Additional Terms: Additional or superseding terms and conditions may apply to purchases or supply of goods or services including intellectual property, to specific portions or features of a Service, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between this Agreement and the terms that are set forth in an institutional subscription or license agreement, the latter terms shall control.

Compliance with Laws: You agree to comply with relevant laws and regulations that apply to your use of the Services.

Severability: If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

Governing Laws and Venue: All matters relating to your access to or use of the Services, including all disputes, shall be governed by and construed in accordance with the laws of The Netherlands. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in Amsterdam, The Netherlands. Any claim arising out of or in connection with your use of or inability to use the Services must be brought within one (1) year after the event or such claim is barred.

Elsevier Product Terms and Conditions

Version 27th May 2020