Elsevier terms & conditions for Pure
These terms and conditions for Pure (“Terms and Conditions”), in combination with the Elsevier General Terms and Conditions for Sales, form an integral part of all Pure subscriptions, as reflected in the relevant Pure contract form agreed between the parties (“Contract Form”).
Section 1. Subscription
1.1 Subscribed Products and Professional Services
Elsevier “we” or “us” grant to your organization (“you”) the non-exclusive, non-transferable, royalty-free, fully paid-up right for Authorized Users to access and use the software identified in the Contract Form you have executed, including any Releases as defined below (the “Subscribed Software”), subject to these Terms and Conditions. We will provide you with certain non-exclusive services identified in the Contract Form (“Software Services”) or in a mutually executed Statement of Work (as defined herein) (“Professional Services”), subject to these Terms and Conditions. The Subscribed Software and the Software Services will be hereinafter referred to collectively as the “Subscribed Products.”
In these Terms and Conditions:
- “Feature Release” means a full featured Release containing all the latest features and fixes to the Subscribed Software including all Maintenance Releases released and Emergency Releases since the last Feature Release;
- “Maintenance Release” means the latest fixes and feature enhancements to the Subscribed Products;
- “Emergency Releases” are subscriber specific releases that are only issued following agreement with us and which are primarily released to solve issues that hinder use of the Subscribed Products and
- “Releases” refers collectively to Feature Releases, Maintenance Releases and Emergency Releases.
For Subscribed Products subscribed to on a perpetual basis Releases defined herein will not include separately offered modules, features, or other distinct products that we may release from time to time.
1.2 Authorized Users/Sites
In these Terms and Conditions, “Authorized Users” has the following meanings:
- If you are an academic institution or medical school, the full-time and part-time students, faculty, all staff, including visiting and honorary staff, researchers, and individuals who are, or are employed by, independent contractors of the Subscriber, affiliated with the Subscriber’s locations listed in the Contract Form where use of the Subscribed Products is permitted (the “Sites”) and permitted by you to access the Subscribed Products for purposes of personal research, education or other non-corporate use.
- If you are a governmental authority, hospital, professional society, or medical institution which is not an educational establishment, the employees and individuals who are, or are employed by, your independent affiliated with your locations listed in the Contract Form where use of the Subscribed Products is permitted (the “Sites”) and permitted by you to access the Subscribed Products for purposes of personal research, education or other non-corporate use.
- If you are a corporation, association or a non-profit organization, the employees and individuals who are, or are employed by, your independent contractors, affiliated with your locations listed in the Contract Form where use of the Subscribed Products is permitted (the “Sites”) and permitted by the Subscriber to access the Subscribed Products.
1.3 Authorized Uses
- allow Authorized Users to upload and integrate content, data or materials with the Subscribed Software;
- make a reasonable number of copies of documentation contained in or accompanying the Subscribed Products (“Documentation”), as provided by us, and use the Documentation solely to support use of the Subscribed Products; and
- allow the Authorized Users to use the Subscribed Products at the Sites for your internal business and research purposes.
If you have subscribed to Pure Scopus Data Extraction, you may also:
- load structured datasets delivered by us through Scopus Data Extraction, consisting of bibliographic metadata used by us (as defined herein) (“Subsets”), onto a server that enables access to and use of such Subsets by Authorized Users for purposes of internal analysis, supplementing internal datasets, back-up and disaster recovery purposes, and usage within analytical software; and
- publicly display such Subsets, on its external websites or in its implementation of research networks (e.g.VIVO) except for the abstracts, citations, keywords and index terms contained therein that are not sourced from open access content, and provided that you have purchased such Subsets and has obtained our prior written approval at least thirty (30) days in advance of its intention to publicly display such Subsets and, when applicable, inserts a hyperlink linking back to the source content on Scopus.com.
1.4 Restrictions on Use of Subscribed Products
The authorized uses of the Subscribed Products set out in section 1.3 are the only uses we permit. Without prejudice to the foregoing, except as expressly stated these Terms and Conditions or otherwise permitted in writing by us, you may not, and shall ensure that your Authorized Users do not:
- deliver or otherwise make the Subscribed Products directly or indirectly available to anyone other than Authorized Users;
- copy, adapt, modify, enhance, otherwise change, merge copies of the Subscribed Products with other software, or create derivative works of the Subscribed Products;
- use any back-up or disaster recovery copies of the Subscribed Products (or allow another party to use such copies) for any purpose other than to replace an original copy if it is destroyed or becomes defective or unavailable for use for any reason;
- disassemble, decompile, “unlock,” reverse engineer or in any manner decode the Subscribed Products for any reason, except as expressly permitted by law without the possibility of contractual waiver, and then only to the extent required to achieve the interoperability of the Subscribed Products with other software; or
- remove, obscure or modify in any way any copyright notices, other notices or disclaimers as they appear in the Subscribed Products.
Authorized Users who are individuals who are, or are employed by, independent contractors may use the Subscribed Products only for the purposes of the contracted work for you.
You will comply with all terms and conditions of any third party websites, databases, platforms and other applications and systems when using the Subscribed Products and only use the Subscribed Products in accordance with such terms and conditions.
1.5 Intellectual Property Ownership
You acknowledge that all right, title and interest in and to the Subscribed Products and components thereof, the Documentation, all Releases (as defined below), and any additional modules as identified in Schedule 1 remain with us or our suppliers, together with any moral rights in and all modifications or alterations thereto, no matter by whom or when made and without regard to any formal patent, copyright or similar rights, or the absence thereof., The unauthorized reproduction and redistribution of the Subscribed Products could materially and irreparably harm us and our suppliers.
The parties acknowledge that right, title and interest in and to any software or other works of authorship created during the performance of Professional Services or provided by a party pursuant to a Statement of Work will be as indicated in the applicable Statement of Work.
Section 2. Our performance obligations
We will host the Subscribed Software on our servers or those of our third party suppliers. The Subscribed Software will be made available online, for use by you and your Authorized Users.
2.2 Software Services
We will provide the Software Services—consisting of installation, training and maintenance services, including technical support set forth in the Service Level Agreement, in conjunction with the Subscribed Software.
If you have purchased the Pure Setup Service, we will set up and make accessible the Subscribed Products based on the indicated number of Authorized Users. The Pure Setup Service will include a kick off call between you and our implementation manager as well as a suggested implementation plan from us. The Pure Setup Service does not include customizations to the Subscribed Products.
2.3 Professional Services
In addition to the Software Services, we can provide Professional Services — consisting of implementation management services, data migration services and/or other services — as may be set forth in one or more statements of work (each a “Statement of Work” or “SOW”), specifying the scope, term and charges for such Professional Services and deliverables, if any, that are to be provided through such Professional Services (each a “Deliverable”). A Statement of Work will take precedence over any conflicting provision in these Terms and Conditions.
2.4 Data Security
We will have in place documented policies and procedures, which shall be reviewed, and if appropriate, tested and updated, as appropriate, covering the administrative, physical and technical safeguards in place and relevant to the access, use, loss, alteration, disclosure, storage, destruction and control of information and which are measured against objective standards and controls. Such program shall comply with all applicable laws
2.5 Data Processing
The terms of the Data Processing Addendum will apply to the processing of personal data performed by us on your behalf. The Data Processing Addendum can be accessed at: https://www.elsevier.com/legal/processor-terms
Section 3.6 of the Elsevier General Sales Terms and Conditions of Sale (“Privacy”) shall not apply to any Pure Subscribed Products.
The below standard Documentation for the Subscribed Software, as may be further specified in a Statement of Work, will be delivered by us under the Agreement:
- User documentation
- Built-in help pages and help-bullets
- General technical documentation for IT-staff
- Web service API documentation for programmers
- Technical requirements for installation/use of the Subscribed Products
Section 3. Your performance obligations
3.1 Protection from Unauthorized Access and Use
- limit access to and use of the Subscribed Products to Authorized Users and notify all Authorized Users of the usage restrictions set forth in these Terms and Conditions and that they must comply with such restrictions;
- issue any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge any credentials for authentication to any third party, and ensure that Authorized Users do not divulge any passwords or credentials to any third party;
- provide true, complete and accurate IP addresses, as needed by us for the performance of these Terms and Conditions (if any);
- implement systems for the prompt deactivation of any credentials for authentication when an individual ceases to be an Authorized User or where their access presents a security risk;
- promptly, on becoming aware of any unauthorized use of the Subscribed Products, inform us and take appropriate steps to end such activity and to prevent any recurrence; and
- ensure that all Authorized Users comply with the Documentation, as updated from time to time.
If any unauthorized use of the Subscribed Products occurs or if we suspect that it may have occurred or be about to occur, we may immediately suspend the access and/or require that you suspend the access from where the unauthorized use occurred or where it is suspected. You will cooperate fully with our reasonable requests surrounding the investigation and remediation of any unauthorized use.
You will be solely responsible for the adherence to any Terms and Conditions issued to you by any third party provider you engage with in relation to the Subscribed Products, including any data providers you may import data from within the Subscribed Products.
3.2 Subscriber Content and Data
You warrant that our use of data provided by you to us for the purposes as set forth in the Agreement or SOW will not infringe the intellectual property rights or violate any privacy, publicity or other rights of any third party. You will indemnify, defend and hold us harmless 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 such use of such data infringes or violates the rights of such third party. If any such action or claim is made, we will promptly notify and reasonably cooperate with you. This indemnity obligation will survive the termination of these Terms and Conditions.
As between the parties, you agree that all data, in whatever format derived or compiled by the use of the Subscribed Products, are your sole responsibility. You also agree that you are entirely responsible for all content, data or materials you supply to us or make available via, or loads onto the Subscribed Products, and you have the sole responsibility to independently determine whether you have adequate legal rights, including providing any required notices and obtaining any required consents, to make use of such content, data or materials, and to ensure that such content, data or materials and any proposed use thereof complies with all applicable laws, including but not limited to, rules of copyright, trademark, secrecy, defamation, decency, privacy, security and export laws.
You acknowledge and agree that you will not supply us with any confidential, proprietary or regulated institutional and/or university related data, financial information, trade secrets, privileged material or software, or any sensitive personal data, including but not limited to government identification numbers, credit card numbers, bank account information, student grades, disciplinary information or other education records, salary or employee performance information, donations, patient health information or passwords, except as expressly included in an SOW.
3.3 Compliance with Sanction Laws
We reserve the right to deny access to the Subscribed Products to any person or entity who is prohibited from receiving such access based on any applicable sanctions or embargoes laws.
Section 4. Third party data source providers
You acknowledge that the available data sources that are included in the Subscribed Software may be conditional upon an active agreement between us and a third party provider of relevant source data (“Third Party Data Source Agreement”). In the event of a termination of or change in a Third Party Data Source Agreement that affects the import of relevant source data, we reserve the right to withdraw the data source within the Subscribed Software until we have a new Third Party Data Source Agreement in place. You acknowledge that the supported data sources are dynamic and may be removed at our discretion for business and/or technical reasons.
Section 5. Additional terms
5.1 Pure Portal
If you have subscribed to Pure Portal, the following additional terms apply.
- We will host and make available the Pure Portal which will be publicly accessible via the World Wide Web for the duration of the Agreement.
- You grant to us a non-exclusive, royalty-free, worldwide license to use and incorporate its plain text trade name and associated word mark(s) and design mark(s) that your delivers to us solely for purposes of branding of the Pure Portal. The branding of the Pure Portal is subject to your approval and may be adjusted once annually upon your written request
- Contingent on our timely receipt of proper and sufficient data from you, as set out below, we will create, implement and make accessible the Pure Portal, as agreed between parties.
- You will provide us with your Pure Portal configuration details—selected from the menu in the configuration document provided by us to you — indicating what elements to include in the display on the Pure Portal, for our review and approval. You will return the configuration document to us within twenty (20) days of receipt of the document from us, or as otherwise agreed between parties. Further you will mark the relevant content types within the Subscribed Products to indicate which content type data should be made visible on the Pure Portal.
- Upon termination or expiration of the Term we will close down the Pure Portal, and it will no longer be made available to you or your Authorized Users. All of your data stored by us for the purpose of showcasing in the Pure Portal will be deleted from our servers.
5.2 Pure Refinement Services
If you have purchased Pure refinement services:
- You may provide us with the metadata necessary for us to provide the Profile Refinement Services for an agreed number of Manually Refined Profiles (the “Agreed Profile Allowance”) in a data file created within the Subscribed Products (“PRS Data File”).
- Upon receipt of the PRS Data File, we will create, implement and make accessible in the Subscribed Products, Manually Refined Profiles extracted from the Scopus® database. We will not be obligated to fulfill our obligations hereunder if we do not receive such data from you in a timely manner. The delivery date for Manually Refined Profiles will be provided when the PRS Data File is delivered to and approved by us.
- We will deliver Manually Refined Profiles with abstracts, citations and other publication data extracted (and, if you are a Scopus subscriber the Scopus® database, at no additional charge, provided that you continue to maintain its Scopus subscription, a subscription to the Scopus database in Scopus Data Extraction). If you are a Scopus subscriber, and you terminate your Scopus subscription, you will pay a separate Pure Data Extraction Fee, prorated as may be applicable, and we will integrate the above data extracted from the Scopus database in Pure Data Extraction for the remainder of the Term. Use of abstracts is subject to the terms and conditions of use as set forth in your Scopus subscription.
- You may add, delete or substitute Manually Refined Profiles to reflect current affiliations by providing to us via the Subscribed Products the updated metadata in the PRS Data File at any time upon mutual agreement of the parties in writing, not to exceed three (3) times per year of the term. We will process such changes at no additional charge provided that the total number of researchers is within the Agreed Profile Allowance and the total number of researchers added or substituted in any twelve (12) month period constitutes less than ten percent (10%) of the Agreed Profile Allowance.
- The Manually Refined Profiles will be automatically updated with data extracted from the Scopus database on a recurring basis. We will review all Manually Refined Profiles up to three (3) times per contract year to ensure that Scopus publications are correctly assigned to each Manually Refined Profile. Updates from the Scopus database may be temporarily suspended during those times when we are implementing your requested changes to the list of Manually Refined Profiles in the PRS Data File
To the extent of any inconsistency between them, the additional terms set out in Sections 5.1 and 5.2 shall prevail over the remainder of these Terms and Conditions.