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Product Specific Terms and Conditions for Datasets

Elsevier Master Services Agreement

Product Specific Terms and Conditions for Datasets

Section 1. Definitions.

“Agreement” means the Master Services Agreement together with each executed Order Form and all applicable Product Specific Terms and Conditions.

“AI System” means any software, hardware, or combination thereof that employs artificial intelligence techniques to perceive, interpret, reason, learn, generate output, or make decisions, whether autonomously or semi-autonomously including, but not limited to, intelligent agents, Model Context Protocol (MCP) systems, and Retrieval-Augmented Generation (RAG) systems.

“Dataset” means the content package Elsevier will be providing under this Agreement as identified in Schedule 3.

“Elsevier Data” means the Dataset, Confidential Information, data that can be used to identify an individual, and all other information and material that Elsevier transfers or otherwise makes available to Subscriber under this Agreement including all generated, aggregated and derived data whether using the System or not but excluding Output.

“Link” means URLs (where technically possible) that link from the Output in the System to the abstract page for ScienceDirect and/or the corresponding record for other Datasets on the Platform.

“Output” means the output created using computational methodologies on the Dataset; For the avoidance of doubt, Output may include only a limited number of data elements.

“Platform” means all Elsevier’s products and solutions which host the Dataset or parts thereof, and any successor products and solutions as listed in Schedule 3.

“Restricted User” means the employees and/or independent contractors of Subscriber as listed in the Dataset Order Form.

“System” means any internal or third-party solution used in a closed, hosted environment to host, process and analyse the Dataset as specified on Schedule 3.

Section 2. Rights granted and restrictions.

2.1. Rights granted.

Elsevier hereby grants to Subscriber and its Authorized Users a limited, revocable, non-exclusive, non-transferable, non-sublicensable, worldwide right to access and use the Dataset and the Output (as defined above) on the System solely for internal research use by the Authorized Users for the benefit of Subscriber only, subject to the terms and conditions of this Agreement. Any use of the Dataset that is not explicitly granted under this Agreement, is prohibited.

Subscriber may:

allow Restricted Users to load and integrate the Dataset on its System for access and use by the Authorized User via the System’s user interface;

allow Authorized Users to create Output in accordance with the use case(s) and the scope of use set out in Schedule 3.

2.2 Restrictions.

Except for use explicitly permitted in this Agreement, Subscriber, its Restricted Users and/or its Authorized Users will not:

create any derivative work and/or service based on the Dataset and/or Output (including resulting from the use of AI Systems) in a way that would compete with or have the potential to substitute and/or replicate and/or reverse engineer back to any existing Elsevier products, services and/or solutions, including a substantial part thereof, or otherwise commercially use or allow commercial use of the Dataset and/or Output, nor will the Subscriber provide any access to full text articles (if provided) received by the delivery mechanism in Section 3.1;

use the Dataset and/or Output in combination with an AI System (including to ingest, train an algorithm, test, process, analyze, copy, distribute, make publicly accessible, generate output and/or develop any form of AI System) except where such AI System (i) is deployed on the System; (ii) is used in a closed hosted environment solely for use by the Subscriber, its Restricted Users and/or Authorized Users, (iii) does not submit the Dataset and/or Output to an external AI System, (iv) does not train the algorithm of an AI System, and (v) does not share the Dataset and/or any Output or any part thereof with a third party.

Section 3. Security, grant of access, formats and delivery mechanisms.

3.1 Delivery.

Access to the Dataset will be provided through the method(s) as identified in Schedule 3.

3.2 Protection from Unauthorized Access and Use.

In addition to the obligations set out in Section 3.1 of the MSA, the Subscriber will:

create, and if operational continue to maintain, a Link from the Output in the System to the applicable ScienceDirect abstract page and/or the corresponding record for other Datasets on the Platform. Such Link will open in a separate browser tab and provide the Authorized User with seamless access to subscribed content on the Platform, subject to the Subscriber holding the necessary subscription agreement with Elsevier;

ensure that the Link is displayed more prominently than links to any other version of the same article, including through higher page ranking and using at least the same size button and text, and that the Link is clearly identifiable as the final published version where multiple instances are indexed by the Subscriber;

promptly remove any Dataset material from the System upon Elsevier’s request if Elsevier no longer retains the right to provide such material or has reasonable grounds to conclude that such material is unlawful, harmful, false or infringing;

where the Platform is ScienceDirect, ensure that Authorized Users are granted access only in accordance with the Subscriber’s rights to full‑text subscribed content or, where applicable, are offered the opportunity to purchase the full‑text article.

In the event of suspected unauthorized use of the Dataset and/or Output, Elsevier may suspend access or require Subscriber to suspend access from the source of the unauthorized use, and may request an audit in accordance with Section 4.2. Subscriber will not be liable for unauthorized use by an Authorized User provided such unauthorized use did not result from Subscriber’s negligence or willful misconduct and Subscriber ceased such use upon becoming aware of it.

3.3 Security.

Subscriber will comply with all applicable obligations set forth in the Information Security Requirements, available at Elsevier Information Security Schedule incorporated herein by reference.

3.4 Third Party Access.

Except as set out in Section 2.2 Restrictions, the Dataset may be accessed, processed, or hosted by third party vendors retained by Subscriber only with the express written permission of Elsevier and solely for the purposes as set out in the Agreement. Subscriber will ensure that the third-party vendor will not ingest the Dataset for any other reasons as defined in Schedule 3, will keep such Dataset secure in accordance with the terms of this Agreement, and will have no right or ability to use the Dataset in any other product or service offering. The Subscriber will ensure that the third-party vendor will not use the Dataset and/or Output to train its algorithm or underlying product or service and that the third-party vendor will immediately delete the Dataset from its servers upon termination or expiration of the Order Form. If the agreement between Subscriber and the third-party vendor terminates or expires, the third party will immediately delete the Dataset and Output. For the avoidance of doubt, any third party listed in Schedule 3 will be considered “expressly permitted by Elsevier” for purposes of this Section 3.4.

Subscriber warrants that it is responsible and liable for any third-party vendors and any tools owned or used by such third-party vendors under this Agreement.

Section 4. General

4.1 Interviews.

The parties will schedule an interview to evaluate the use of the Elsevier Data under the Agreement and assess how and at what frequency the Elsevier Data are applied to research workflows and provide Elsevier with constructive feedback on improvement on identification and delivery.

4.2 Audit.

Subscriber will for the Term, and for one (1) year thereafter (or such longer period as may be required under the applicable law), maintain complete and accurate records of and supporting documentation in relation to Subscriber’s obligations under this Agreement.

Subscriber and Elsevier will appoint an independent certified auditor who will report to parties in the event of a possible breach of any of Subscriber’s obligations under this Agreement, including but not limited to the Information Security Requirements, available at Elsevier Information Security Requirements, incorporated herein by reference.

Each party will bear its own internal costs (including any remedial costs if applicable) and the costs of any independently certified auditors appointed by the parties in relation to any audit undertaken in accordance with this Section 4.2. In the event of a breach, the Subscriber will bear the cost of the independent certified auditor in full.

4.3 Proprietary Rights.

Except as expressly set forth in the Agreement, all right, title and interest in and to the Elsevier Data remain with Elsevier and its suppliers, including any copies, updates, modifications or related materials. Elsevier may use, market, license and sell the Elsevier Data for any purpose, in any form, anywhere in the world.

As between the parties, the Subscriber retains all right, title and interest in and to its System and any Output it creates, except for any data elements from the Dataset contained within such Output, for which Elsevier retains all rights. Use of the Output is subject to the terms of the Agreement.