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ICSR LAB terms and conditions

These ICSR Lab terms and conditions (“Terms and Conditions”) regards all use of ICSRLab as available at https://icsrlab.cloud.databricks.com/ (“ICSR Lab”) owned by Elsevier B.V. (“Elsevier”) by registered users (“Users”). These Terms and Conditions and the completed online registration form are jointly referred to below as the “Agreement”.

SUBSCRIPTION

  1. Subscribed Product.

    Elsevier grants to the User the non-exclusive, non-transferable right to access and use ICSR Lab and its functionalities, software and underlying Elsevier content and data sources (jointly referred to as “Subscribed Product”), including any changes made thereto by Elsevier subject to the terms and conditions of this Agreement.

  2. Authorized Uses.

    User may:

    • upload and integrate content, data or materials on ICSR Lab for the sole purpose of producing scholarly research in line with the goals of the International Center for the Study of Research (https://www.elsevier.com/icsr);
    • access and use the research content, research data, datasets, research software, research workflows, metadata (jointly referred to as “Data”) and analytical tools provided via ICSR Lab for scholarly research purposes only, in accordance with the “ICSRLab Specifications and Additional Terms” set forth in Annex A and the ICSR Lab’s online workflows and processes, which may be amended from time to time;
    • share Data with User’s research collaborators as approved by Elsevier (“Collaborators”) prior to publication of a scientific work by User; and
    • enrich Data using the Subscribed Product’s functionality.
  3. Restrictions on Use of Subscribed Product.

    Except as expressly stated in this Agreement or otherwise permitted in writing by Elsevier, the User may not:

    • deliver or otherwise make the Subscribed Product or portions thereof available to third parties;
    • modify, enhance, otherwise change, merge copies of the Subscribed Product with other software, or create derivative works from the Subscribed Product;
    • disassemble, decompile, “unlock,” reverse engineer or in any manner decode the Subscribed Product 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 Product;
    • download and/or share unprocessed Data from the online data sources provided by Elsevier to ICSR Lab.
    • remove, obscure or modify in any way any copyright notices, other notices or disclaimers as they appear in the Subscribed Product; or
    • make any programmatic access from the ICSR Lab to third-party services in a way that exposes the Data contained in the Subscribed Product, e.g. via an application programming interface (API).
    • download datasets or parts thereof uploaded to ICSR Lab by other registered users, excluding Collaborators.

    The User will comply with all terms and conditions of any third-party websites, databases, platforms and other applications and systems when using the Subscribed Product and only use the Subscribed Product in accordance with such terms and conditions.

  4. Proprietary Rights.

Except as expressly set forth in this Agreement, the User acknowledges that all right, title, interest and ownership in and to the Subscribed Product including any subsets and metadata that Elsevier has added or provided and all derivative works will remain with Elsevier and its suppliers, except as expressly set forth in this Agreement, and that the unauthorized redistribution or dissemination online of the Subscribed Product could materially and irreparably harm Elsevier and its suppliers. The unauthorised use, reproduction, or distribution of the Subscribed Product could materially harm Elsevier and its suppliers. The User agrees that the Subscribed Product, including all updates and changes made thereto whether or not supplied by or developed by Elsevier, are the valuable property of Elsevier. Elsevier reserves the right to use, market, license, and sell all or any portion of the Subscribed Product for any purpose, in any form, anywhere in the world.

Elsevier acknowledges that all right, title and interest in and to data that the User uploads to and publishes using the Subscribed Product remain with the User. The User retains complete control and copyright over the data, and the User can determine the terms under which others may use it.

The User may delete their Data in the ICSR Lab by contacting the Elsevier support team.

The User grants Elsevier permission to extract, reformat, adapt, build upon, index, link to and otherwise use the User’s data on a non-exclusive basis for the purpose of developing and maintaining the ICSR Lab and related services.

ELSEVIER PERFORMANCE OBLIGATIONS

  1. Access Request Process.

    Before and as a condition for being granted access to ICSR Lab, Elsevier requires the User to submit a research proposal (“Proposal”) detailing the questions they wish to investigate, data sources required and relevant range of data needed (for example year range, group of countries). Elsevier reserves the right to reject a Proposal if it decides the User’s proposed project or study contained therein materially conflicts with Elsevier’s legitimate business interests.

    Following acceptance of the Proposal by Elsevier, online registration and full acceptance of the Agreement by User, Elsevier will make available to the User the Subscribed Product and any applicable passwords or credentials to access the ICSR Lab.

    If the focus of the User’s proposed project or study should change materially during the term hereof, the User agrees to contact Elsevier to inform them of this change. If this no longer aligns with Elsevier’s aims, Elsevier reserves the right to terminate this Agreement at any time for convenience by giving reasonable written notice.

  2. Withdrawal of Content.

    Elsevier reserves the right to withdraw from the Subscribed Product content that it no longer retains the right to provide or that it has reasonable grounds to believe is unlawful, harmful, false or infringing.

  3. Data Security.

Elsevier will use reasonable efforts to preserve the security, integrity and accessibility of all information received from the User during the term of this Agreement using administrative, technical and physical measures that conform to generally recognized industry standards and best practices based on the relevant data classification.

USER PERFORMANCE OBLIGATIONS

  1. Protectionfrom Unauthorized Access and Use.

    The User will:

    • take appropriate measures to protect against the misuse or unauthorized access, whether by the User or any third party, through or to (a) the User’s credentials used to access the Subscribed Product; and (b) the Subscribed Product and/or information derived therefrom;
    • manage identification, use, access and control of all credentials used to access the Subscribed Product in an appropriately secure manner, including, but not limited to, by not divulging any passwords or credentials to any third party;
    • without undue delay, deactivate any credentials when no longer needed or where access presents a security risk by contacting the Elsevier support team;
    • implement appropriate policies and procedures to seek to ensure that all use of the Subscribed Product in compliance with all terms and conditions herein;
    • on an appropriate basis, review access to the Subscribed Product by its passwords or credentials used to access the Subscribed Product to ensure that such access was in compliance with all terms and conditions herein;
    • promptly, on becoming aware of any unauthorized use of the Subscribed Product, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence; and
    • ensure that all Users comply with the Documentation, as updated from time to time.

    If any unauthorized use of the Subscribed Product occurs or if Elsevier suspects that it may have occurred or be about to occur, Elsevier may immediately suspend the User’s access.

  2. User Research Output.

    Any and all research output, including but not limited to conference presentations and papers, working papers or preprints, other online postings or discussions, or published literature, that result from the Users use of the Data will include an acknowledgement text using the following template:

    “This work uses [Scopus] data provided by Elsevier through ICSR Lab.”, supplementing “[Scopus]” with the name of other Elsevier dataset(s) or databases used, if and when applicable.

    Any and all research output (including but not limited to conference presentations and papers, working papers or preprints, other online postings or discussions, or published literature) that result from using ICSR Lab data will be shared by Users with Elsevier as soon as possible after dissemination. Elsevier may post references to these works, including links where appropriate, on their website and in other materials such as reports, presentations, or social media posts.

  3. User Information.

    The User acknowledges and agrees that it will not supply Elsevier 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, without notification to and prior consent from Elsevier.

    The User also agrees that it is entirely responsible for all content, data or materials it supplies to Elsevier or makes available via, or loads onto the ICSR Lab, and the User has the sole responsibility to independently determine whether the User has 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.

  4. Indemnification Collaborators.

The User is responsible for ensuring Collaborator’s compliance with the Terms and Conditions of this Agreement and shall indemnify and hold harmless Elsevier from and against any incurred damages resulting from non-compliance or breach of these terms by any of its Collaborators.

FEES

The User’s use of the Subscribed Product hereunder is free of charge.

TERM

  1. Term

    The access to the Subscribed Product is conditional upon a successful completion of the Access Request Procedure in Section 2.1 and will continue for the duration of the period specified in the Access Request Procedure.

  2. Termination

    Elsevier may immediately terminate this Agreement on written notice in the event of a material breach or persistent non-material breaches by User of any of its obligations under this Agreement.

  3. EffectofTermination

Upon termination or expiration of this Agreement, Elsevier may:

  • Delete any notebooks shared under User’s username, including their revision history
  • Delete any information uploaded by User
  • Remove access to ICSR Lab for User’s username

ELSEVIER WARRANTIES AND INDEMNITIES.

  1. Warranties

    Elsevier warrants to the User that Elsevier has the necessary rights to grant the Subscribed Product, and that use of the Subscribed Product by the User in accordance with the terms of this Agreement will not infringe the intellectual property rights of any third party.

  2. Remedies for Third Party Injunction

    If the User is enjoined from using the Subscribed Product 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 Subscribed Product to render it non-infringing while maintaining substantial


    equivalence, or (b) procure a license or subscription which permits the User at no additional cost to continue to use the Subscribed Product, or (c) terminate this Agreement for the Subscribed Product.

  3. Disclaimer

    EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SUBSCRIBED PRODUCT AND THEIR COMPONENTS ARE PROVIDED “AS IS” AND ELSEVIER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SUBSCRIBED PRODUCT 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. THE USER IS SOLELY RESPONSIBLE FOR ITS USE OF THIRD PARTY INFORMATION CONTAINED IN OR INFORMATION GENERATED THROUGH USE OF THE SUBSCRIBED PRODUCT.

  4. Limitation of Liability

Except for the express warranties and indemnities stated herein and to the extent permitted by applicable law, in no event will Elsevier or its suppliers be liable for any indirect, incidental, special, consequential or punitive damages including, but not limited to, loss of data, business interruption, loss of profits, results of use, inaccuracy of data, cost of procurement of substitute goods, services or technology, arising out of or in connection with this Agreement, nor will the liability of Elsevier and its suppliers to the User exceed an amount of 10,000 Euro or USD equivalent, even if Elsevier or any supplier has been advised of the possibility of such liability or damages.

GENERAL

  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, power failures, telecommunications or Internet failures or damage to or destruction of any network facilities or servers) shall be deemed a breach of this Agreement. The parties agree that the departure of one or more members of the Euro zone will not, in and of itself, be a "circumstance beyond its control" and shall not have the effect of discharging or excusing performance of (any obligation under) this Agreement.

  2. Severability

    The invalidity or unenforceability of any provision of this Agreement will not affect any other provisions of this Agreement.

  3. Entire Agreement

    This Agreement shall bind and inure to the benefit of Elsevier, its successor and assigns. 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. All Annexes attached or to be attached to this Agreement are incorporated herein and shall be governed by the terms and conditions of this Agreement unless otherwise specified in the Annex the terms of the Annex shall prevail.

  4. Modification

    Elsevier reserves the right to make changes to these Terms and Conditions from time to time.

  5. Assignment

    The User will not assign, transfer or license any of its rights or obligations under this Agreement unless it obtains the prior written consent of Elsevier, which consent will not unreasonably be withheld.

  6. Privacy/Processing

    To the extent that Users provide any personal data to Elsevier during account registration or otherwise, the User acknowledges that such information will be collected, used and disclosed by Elsevier in accordance with the Elsevier privacy policy applicable to the Subscribed Product. To the extent that Elsevier is processing personal data on behalf of the User in providing the Subscribed Product, the terms of the Elsevier Data Processing Addendum at https://www.elsevier.com/legal/processor-terms will apply.

    The User agrees that if access is obtained to the ICSR Lab, the User’s email address and that of Collaborators will be added to a mailing list of active Users and maintained for the duration of the Agreement. This mailing list will be used to inform User of important news about the ICSR Lab, such as Updates, system outages or maintenance, or relevant updates to the Terms and Conditions. The User further agrees that their name, institutional affiliation, email address and proposal abstract may be made available in any Elsevier database tracking academic collaborations.

    The User acknowledges that their provided email address is visible to other users of ICSR Lab as an identifier of their user identity.

  7. Relationship of Parties

    The parties recognize that they are independent contractors, that neither is an agent, employee, partner, or joint venturer of the other, and that neither is authorised by the other to waive any right, or assume or create any contract or obligation of any kind in the name of, or on behalf of, the other or to make any statement that it has the authority to do so.

  8. Notices

    All notices to Elsevier given pursuant to this Agreement will be in writing and delivered to the party to whom such notice is directed at the address specified below or the electronic mail address as such party will have designated by notice hereunder.

    If to Elsevier: Kristy James, Elsevier B.V., Radarweg 29, 1043 NX Amsterdam, The Netherlands.

  9. Governing Law and Jurisdiction
    1. This Agreement shall be governed and construed in accordance with the laws of The Netherlands.
    2. Any dispute arising in connection with this Agreement or the breach thereof, shall, in the absence of an amicable solution by the parties, belong to the exclusive jurisdiction of the competent courts in Amsterdam, The Netherlands.

ANNEX A

ICSR Lab Specificationsand AdditionalTermsSharing of research results

After or concurrent with publication of the User’s research output, aggregated data downloaded from the ICSR Lab that is required for the reproducibility of the study (insofar as this data respects the data download guidelines below) may be shared by User as supporting data or loaded to a research data repository as recommended by Elsevier.

If access to unaggregated datasets is required for the reproducibility of the study, these may not be downloaded. User may cite ICSR Lab in their publication with the timestamps of the data snapshots used for the analysis so that these may be reproduced in future in ICSR Lab using these same data snapshots.

Integrity of datasets

The User acknowledges that the data they can access directly in ICSR Lab is a subset of Elsevier's original data sources. Elsevier will provide data subsets that are large enough to explore the data sources’ original variation and structure, and make the full data source available for final analysis subject to criteria described below.

The datasets on which the User’s query is run may vary slightly from that which was used for the created subset. Elsevier will make reasonable efforts to ensure consistent datasets are used.

Conditions for running analyses on datasets

If User needs to run code over the unabridged data sources in ICSR Lab, Elsevier will view the contents of the notebook that User indicates and may clone the code to a separate notebook in a private folder in order to execute such code in the notebook in ICSR Lab. Elsevier will validate that the User’s code does not extract Elsevier's data or content in its raw form, is in line with the User’s Proposal, and that it is possible to run using reasonable computational resources.

Content visibility to Elsevier staff

Elsevier may view the User’s information in the ICSR Lab – including both the datasets the User has uploaded and code that they write in notebooks in order to assist User when Elsevier is contacted for support, to monitor system health, and to ensure User’s compliance with these terms. In order to monitor the computational load on the system and allocate resources properly, Elsevier may review the queries that were executed in ICSR Lab and terminate any that excessively consume computational resources.

Upload of additional Data files

User may upload additional data files in order to enrich the data hosted by Elsevier on ICSR Lab for User’s analysis. However, the amount of data may not exceed 2GB per project. User may contact Elsevier in writing if the aforementioned limit is insufficient to complete the experiment to request additional data subject to terms to be agreed.

The User may delete their uploaded or posted submissions to the ICSR Lab at any time. Notwithstanding the aforementioned, if the User makes use of the Subscribed Product to share a submission with other users, it may not be technically possible to delete such shared submission.

All Data uploaded to ICSR Lab may be technically accessible to other online registered users of the ICSR Lab.