Elsevier terms and conditions for Personal Digital Subscriptions and e-Books
ClinicalKey Individual, ClinicalKey Student, ClinicalKey Now, ClinicalPharmacology, ExpertPath, ImmunoQuery, RadPrimer, PathPrimer, StatDX, Embase, Osmosis, Complete Anatomy, e-Books, Online Journals
This agreement (“Agreement”) sets forth the terms and conditions governing the use of the products and services (“Products”) listed in Section 1 below and is made by and between the Elsevier group affiliate (“Elsevier”) that sells the subscriptions to the Products (Subscriptions”) and the individual (the “Authorized User”).
This Agreement expressly incorporates by reference and includes the Elsevier Website’s Terms and Conditions https://elsevier.com/legal/elsevier-website-terms-and-conditions, the Elsevier’s Privacy Policy https://elsevier.com/legal/privacy-policy, the Conditions of Purchase of the applicable Merchant Website and any guidelines, rules or disclaimers that may be posted and updated on specific web pages of the Merchant Website, the Products or on notices that are sent to the Authorized Users.
By checking the box "I have read and understand the Terms and Conditions of use and agree to be bound by all of its terms" on the registration page and/or the Elsevier merchant website (“Merchant Website”), and/or by using the Products, the Authorized User agrees to be bound by all the terms and conditions of this Agreement. Please carefully review this Agreement before ticking the relevant check box.
This Agreement also apply to Authorized Users who purchased their Subscriptions through an Application Provider. If Authorized Users do not wish to accept this Agreement, they must not use the Products.
The parties hereto agree as follows:
1. Products
Elsevier hereby grants to Authorized Users (as defined below) a non-exclusive, non-transferable, perpetual [e-books only] right to access and use the content and functionality of the Products listed below (including mobile application) for their own personal and solely in connection with the Authorized Users’ permitted use of the Products. The Products are licensed, not sold, to the Authorized Users.
Content and functionality include ongoing updates to then-existing content, and any ongoing enhancements to then-current functionality subject to the terms and conditions of this Agreement.
2. Authorized Users
Authorized Users are the named purchasers of the Subscriptions. For avoidance of doubt, all Authorized Users must have their own paid access credentials to access the Subscriptions.
For ClinicalKey Now DE only: Authorized Users shall be limited to the named purchasers of the Subscriptions who currently maintain an authorized license to practice medicine or are training to become a certified clinician. For avoidance of doubt, all individuals must have their own paid access credentials.
3. User Age
Elsevier does not knowingly collect information from children under the age of 14 or target its services to children under 14. Users may use the Products only if they have reached the age of majority or legal age in their jurisdiction (generally 18 or older) and can form legally binding contracts under applicable laws. If a user is under 18 or the legal age of majority in their jurisdiction, their educational institution, parent, or guardian must agree to this Agreement on their behalf.
4. Authorized Uses
Each Authorized User may:
access, search, browse, use and view the relevant content and functionalities within their paid Subscriptions;
download and save select portions of the Subscriptions for offline use;
copy and paste reasonable portions of content within the Subscriptions for personal non-commercial use;
print out single pages of the content available within the Subscriptions for personal non-commercial use; and
link to the Subscriptions by establishing a hypertext link to the Subscriptions, provided that the link does not state or imply any sponsorship or endorsement of the Authorized User’s site, company, product and/or service by Elsevier.
For ClinicalKey Individual only, Authorized Users may also:
pull figures, images, and tables from the Subscriptions into the ClinicalKey Presentation MakerTM for use in the creation of internal or external presentations for personal non-commercial use provided each copy of the presentation will carry appropriate credit to the content owner; and
download, store and share Level PoC CME credit reports from the Subscriptions for personal use.
For StatDX, ExpertPath, PathPrimer, RADPrimer, ImmunoQuery only, Authorized Users may also:
download images from the Subscriptions for use in the creation of internal or external presentations for personal non-commercial use;
share images and individual diagnostic topics from the Subscriptions with colleagues individually for collaboration on a patient case or for scholarly or educational research use; and
download, store and share Level PoC CME credit reports from the Subscriptions for personal use.
For Clinical Pharmacology only, Authorized Users may also:
print out monographs, and product information and images from the Subscriptions to reactively supply to patients and individual customers in response to their requests for medical information about their prescription(s) or over-the-counter drug purchases.
For e-Books and Online Journals only, Authorized Users may also:
store individual articles from the Subscriptions in the private library of a social networking site; and
share individual journal articles from the Products with a limited number of third-party colleagues as part of an invitation only working group on non-commercial platforms or tools, for personal, scholarly or research use.
For Complete Anatomy only:
Presentation license: Certain Subscriptions include a license to present (“Presentation License”). Such a license permits Authorized Users to use the Subscriptions for presentations in a classroom or lecture setting. Nothing in this Agreement permits any Authorized User to: (i) video record lessons and/or upload same to a learning management or similar system (“LMS”); (ii) export images created within the Subscriptions to third-party Software for commercial gain (e.g. for use in a book or similar).
Patient Education license: Certain Subscriptions include a license to use the Subscriptions for the purposes of patient education (“Patient Education License”). Such a license permits the Authorized Users to use the Subscription for demonstration purposes in a professional consultation setting.
5. Restrictions on use
Except as may be expressly permitted in this Agreement, Authorized Users may not:
abridge, modify, reverse engineer, translate or create any derivative work and/or service (including resulting from the use of artificial intelligence tools), based on the Subscriptions;
remove, obscure or modify in any way any copyright notices, other notices or disclaimers as they appear in the Subscriptions;
reproduce, retain, distribute, transfer, sell, rent, lease or lend the Subscriptions;
bypass, modify, defeat or circumvent security measures that protect the Subscriptions;
use any robots, spiders, crawlers or other automated downloading programs tools, or devices to search, scrape, extract, deep link, index and/or disrupt the working of the Subscriptions;
use the Subscriptions in combination with an artificial intelligence tool (including to train an algorithm, test, process, analyse, generate output and/or develop any form of artificial intelligence tool); or
post individual items from the Subscriptions on social networking sites.
6. Intellectual property ownership
The Authorized User acknowledges that all right, title and interest in and to the Subscriptions remain with Elsevier and its suppliers, except as expressly set forth in this Agreement, and that the unauthorized redistribution or dissemination of the Subscriptions could materially and irreparably harm Elsevier and its suppliers.
7. Elsevier performance obligations
7.1 Access to Subscriptions
Elsevier will make the Subscriptions accessible to the Authorized Users from the URL corresponding to the Product identified in Section 1 and using the Individual Access Credentials as set forth herein. Elsevier will use reasonable efforts to provide the Subscriptions with a quality of service consistent with industry standards.
7.2 Authentication
Access to the Subscriptions will be authenticated by the use of Individual Access Credentials defined as the username/password.
7.3 Withdrawal of content
Elsevier reserves the right to withdraw from the Subscriptions content that it no longer retains the right to provide or that it has reasonable grounds to believe is unlawful, harmful, false or infringing.
7.4 For Osmosis Products only – FERPA
To the extent that Elsevier accesses “education records” subject to the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g et seq., and the regulations promulgated thereunder, as amended (“FERPA”), Elsevier shall be considered a "school official" with “legitimate educational interests” in such “education records,” as those terms have been defined under FERPA, and will comply with its obligations under FERPA.
8. Authorized User performance obligations
8.1 Password use and security
The Authorized User must not reveal his/her password and must take reasonable steps to keep his/her password confidential and secure. The Authorized User agrees to immediately notify Elsevier if she/he become aware of or have reason to believe that there is any unauthorized use of his/her 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 the Authorized User’s password or account due to the activities of any third party outside of Elsevier control or due to the Authorized User’s failure to maintain their confidentiality and security.
In the event of any unauthorized use of the Subscriptions, Elsevier may suspend the access.
8.2 System requirements
Use of the Subscriptions requires compatible devices, internet access, and certain software (fees may apply); may require periodic updates and may be affected by the performance of these factors. Authorized User agrees that meeting these requirements, which may change from time to time, is the responsibility of the Authorized User.
9. Elsevier warranties and indemnities
9.1 Warranties
Elsevier warrants that use of the Subscriptions in accordance with the terms and conditions herein will not infringe the intellectual property rights of any third party.
9.2 Indemnities
Elsevier shall indemnify, defend and hold harmless the Authorized User from and against any loss, damage, costs, liability and expenses (including reasonable attorneys’ fees) arising from or out of any third-party action or claim that use of the Subscriptions in accordance with the terms and conditions herein infringes the intellectual property rights of such third party. If any such action or claim is made, the Authorized User will promptly notify and cooperate with Elsevier. This indemnity obligation shall survive the termination of this Agreement.
9.3 Limitations of indemnification
Elsevier will have no obligation under Section 9.2 to the extent that: (a) any alleged infringement relates to use of the Subscriptions in combination with other data products, processes or materials not provided by Elsevier or any modification of the Subscriptions not made or authorized by Elsevier; (b) the Authorized User continues allegedly infringing activity after being notified thereof or after being informed of available modifications that would have avoided the infringement; (c) the Authorized User’s use of the Subscriptions is not strictly in accordance with the terms of this Agreement; or (d) any alleged infringement is related to the Authorized User’s failure to implement, without the prior written consent of Elsevier, any available improvements or corrections to the Subscriptions provided by Elsevier that could have remedied such claim.
9.4 Remedies for third party injunction
If the Authorized User is enjoined from using the Subscriptions due to an infringement of a third party’s intellectual property right, or Elsevier believes an injunction may occur, Elsevier will have the option to either (a) modify the Subscriptions to render it non-infringing while maintaining substantial equivalence, or (b) procure a license or Subscription which permits the Authorized User at no additional cost to continue to use the Subscriptions, or (c) terminate this agreement for the Subscriptions and (does not apply to e-Books) refund to the Authorized User a portion of the fees paid for the Subscriptions, prorated to the end of the then-current term.
9.5 Patient Care/ Medical advice (for all Products except Embase, e-Books, Online Journals)
Authorized User acknowledge and agrees that Elsevier provides no medical advice in connection with the Subscriptions, that the Subscriptions are designed for and are intended to be used by trained healthcare professionals exercising knowledge and discretion in application of the Subscriptions, and that the duty to the patient in providing healthcare services lies solely with the healthcare professional providing patient care. The information contained in the Subscriptions may include or incorporate third party information which is not subject to evaluation by Elsevier, and the Subscriptions are intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of healthcare professionals in patient care. Authorized User 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 content within the Subscriptions.
10. Term and Fees
10.1 Fees
Access to the Subscriptions is subject to the payment of the Fees as set forth on the Order and in accordance with the applicable Merchant Website Terms of Purchase.
10.2 Term
Access to the Subscriptions is granted for the duration of the Term as set forth on the Order Confirmation and in accordance with the applicable Merchant Website Terms of Purchase.
10.3 Termination
Upon termination or expiration of the Subscriptions, the Authorized User’s access to and right to use the Subscriptions shall cease. However, where applicable for the relevant Subscriptions, any records of Continuing Medical Education credits can be accessed post termination or expiration. Elsevier may also terminate or suspend any and all Subscriptions, without notice or liability, if the Authorized User breaches any of the terms or conditions of this Agreement. All provisions of this Agreement that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability, shall survive termination.
For EMC treaties, ClinicalKey Now France only: The Authorized User’s access to digital perpetual access content Products within the Subscriptions (as last updated on the termination or expiration date) as specified in the Subscription package purchased will survive termination or expiration. The Authorized User has a period of six (6) years from the termination or expiration date to access via www.em-consulte.com the digital perpetual access content Products, upon request to the Customer Service (+ 33 (0)1 71 16 55 99).
11. Communication
Elsevier may communicate with the Authorized User by email or by posting notices on the Products.
The Authorized User agrees to receive emails from Elsevier at the email address provided by the Authorized User for customer service-related purposes.
Push Notifications from Elsevier. The Authorized User may also receive push notifications and/or text messages for both content delivery and customer service-related purposes. By downloading the Product mobile app and requesting that we communicate information to the Authorized User by push notification, they consent to receive push notifications on their mobile device (e.g., smartphone or tablet) as requested. In addition, standard messaging, data, and other fees may be charged by their wireless service carrier. The Authorized User is responsible for these charges. The Authorize User may turn off these notifications by navigating to the settings page of the app and disabling the push notifications.
Elsevier is not responsible for the timeliness or final delivery of the push notification, as this is out of our control and is the responsibility of network relays.
Text Messages from Elsevier. By providing to Elsevier their mobile telephone number and requesting that Elsevier communicate information to them by text message, the Authorized User consents to receive commercial text messages at that number as requested. Elsevier may charge a fee to the Authorized User if they sign up to receive text messages. In addition, standard messaging, data, and other fees may be charged by their wireless service carrier. The Authorized User is responsible for these charges. The Authorized User may turn off or unsubscribe from these messages by texting UNSUBSCRIBE in reply to text messages from Elsevier. The Authorized User may also be able to change their text message preferences using the Products.
Elsevier may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. Elsevier is not responsible for the timeliness or final delivery of the messages, as this is out of Elsevier’s control and is the responsibility of the cellular telephone operator or other networks.
12. General
12.1 Force Majeure
Neither party’s delay or failure to perform any provision of this Agreement as a result of circumstances beyond its control (including, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, telecommunications or Internet failures or damage to or destruction of any network facilities or servers) that prevents it from fulfilling its obligations under this Agreement (any such circumstances being “Force Majeure”) shall be deemed a breach of this Agreement.
12.2 Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect any other provisions of this Agreement.
12.3 No assignment
This Agreement is personal to the Authorized User and may not be assigned to anyone.
12.4 Changes
Elsevier reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes will be effective immediately and incorporated into this Agreement. Authorized Users are encouraged to review the most current version of the Agreement on a periodic basis for changes. Authorized Users continued use of the Subscriptions following the posting of any changes constitutes their acceptance of those changes.
12.5 Changes to Products
If Elsevier makes any material changes to the Products, Elsevier will use reasonable effort to inform Authorized Users within the Subscriptions or by email. Notwithstanding the above, Elsevier has no obligation to update or enhance the Products or to produce or release new versions of same. As the Products are evolving over time, Elsevier may change or discontinue all or any parts, features, components or functions of the Subscriptions.
12.6 Entire agreement
This Agreement contains the entire understanding and agreement of the parties and merges and supersedes any and all prior and contemporaneous agreements, communications, proposals and purchase orders, written or oral, between the parties with respect to the subject matter contained herein.
Last revised: 1st September 2023