Skip to main content

Unfortunately we don't fully support your browser. If you have the option to, please upgrade to a newer version or use Mozilla Firefox, Microsoft Edge, Google Chrome, or Safari 14 or newer. If you are unable to, and need support, please send us your feedback.

We'd appreciate your feedback.Tell us what you think!opens in new tab/window

Elsevier
Publish with us

Product Specific Terms and Conditions for Subscribed Products

Elsevier Master Services Agreement

Product Specific Terms and Conditions for Subscribed Products

Section 1. Subscription.

1.1 Authorized Uses for Subscribed Products:

Each Authorized User may:

For all Subscribed Products:

  • access, search, browse and view the Subscribed Products;

  • print, download and store a reasonable portion of individual items from the Subscribed Products for the exclusive use of such Authorized User;

  • incorporate links to the Subscribed Products on the Subscriber’s intranet and internet websites, provided that the appearance of such links and/or statements accompanying such links will be changed as reasonably requested by Elsevier;

  • use the Subscribed Products in combination with an artificial intelligence tool, under the following conditions: such artificial intelligence tool (a) is used in a closed hosted (enterprise-grade) environment solely for the individual use by the Authorized User, (b) does not train the algorithm of an external artificial intelligence tool and (c) does not share the Subscribed Product or any part thereof with a third party;

Additionally, for ScienceDirect Subscribed Products:

  • access, search, browse, view, print, make electronic copies and store for the exclusive use of such Authorized User certain journal articles and book chapters from the ScienceDirect® online service that are not subscribed to as part of the Subscribed Products, with each twenty-four (24) hour access period for a selected article or chapter, a “Transaction.”; and

  • if the Authorized User is a librarian/information specialist, access, search, browse, view, print, make electronic copies and store a Transaction for the exclusive use of another Authorized User;

  • deliver journal articles from Subscribed Titles (as defined herein) and, if any, book chapters from the ScienceDirect Subscribed Products to fulfill requests as part of the practice commonly known as “interlibrary loan” from non-commercial libraries located within the United States, provided that the Subscriber’s staff reviews the requests and fulfills the requests in compliance with Section 108 of the U.S. Copyright Law (17 U.S.C. § 108) and the Guidelines for the Proviso of Subsection 108(g)(2) (Final Report of the National Commission on New Technological Uses of Copyrighted Works, 1978) and such delivery is without commercial gain and not routinely or systematically provided (whether on one occasion or over a period of time) in such a manner or in such quantities as to substitute for a subscription by the receiving library or the end user.

The usage terms and restrictions set forth herein will apply to the full-text articles from Elsevier journals lawfully supplied to the Subscriber by a third-party document delivery service provider approved by Elsevier (“DocDel Provider”) such as the British Library, Copyright Clearance Center, Research Solutions, ReadCube or any other future document delivery service provider to be approved by Elsevier in writing. These usage terms and restrictions will prevail over any conflicting terms that the DocDel Provider may have imposed as part of such delivery.

1.2 Restrictions on Use of Subscribed Products.

Except as expressly stated in the Agreement or otherwise permitted in writing by Elsevier, the Subscriber and its Authorized Users may not:

  • abridge, modify, translate or create any derivative work and/or service (including resulting from the use of artificial intelligence tools), based on the Subscribed Products, except to the extent necessary to make them perceptible on a computer screen to Authorized Users;

  • remove, obscure or modify in any way any copyright notices, other notices or disclaimers as they appear in the Subscribed Products;

  • 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 Subscribed Products;

  • post abstracts from the Subscribed Products on social networking sites; or

  • substantially or systematically reproduce, retain, store locally, redistribute or disseminate the Subscribed Products (including any generated responses) or any part thereof, including any derivative work and/or service (including resulting from the use of artificial intelligence tools).

Authorized Users who are individuals who are independent contractors or are employed by independent contractors may use the Subscribed Products only for the purposes of the contracted research work for the Subscriber.

Section 2. Elsevier performance obligations.

2.1 Access to Subscribed Products.

Elsevier will make the Subscribed Products accessible to the Subscriber and its Authorized Users from the internet address set forth on Schedule 1 of the relevant Order Form or as may be otherwise set forth herein, upon receipt by Elsevier of an Order Form for Subscribed Products in the territory of The Netherlands, as duly signed by the Subscriber, which acceptance will be evidenced and timestamped by an authorised representative of Elsevier in the Netherlands.

2.2 Quality of Service.

Elsevier will use reasonable efforts to provide the Subscribed Products with a quality of service consistent with industry standards, specifically, to provide continuous service with an average of 98% up-time per year, with the 2% down-time including scheduled maintenance and repairs performed at a time to minimize inconvenience to the Subscriber and its Authorized Users, and to restore service as soon as possible in the event of an interruption or suspension of service.

2.3 Withdrawal of Content.

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

2.4 Usage Data Reports.

Elsevier will make usage data reports on the Subscriber’s usage activity available as described at https://www.elsevier.com/librarian/usage-reports/. Elsevier will provide usage data reports on the Subscriber’s usage activity for ScienceDirect AI by email upon request on a monthly basis which will be provided to the librarians/administrators employed by the Subscriber for internal use only. Such reports may be accessed by vendors or other third parties retained by the Subscriber only with the express written permission of Elsevier and for the purpose of usage analysis of the Subscriber.

Section 3. Subscriber performance obligations.

3.1 Authentication.

Access to the Subscribed Products will be authenticated by the use of Internet Protocol (“IP”) address(es) and/or usernames and passwords and/or a delegated authentication mechanism requiring at least two different credentials, as identified on Schedule 2.

3.2 Security Requirements.

The Subscriber agrees that the Subscriber will have in place documented policies and procedures, which will be reviewed by the Subscriber periodically, and if appropriate, tested and updated, covering the administrative, physical and technical safeguards in place and relevant to the access, use, loss, alteration, disclosure, storage, destruction and control of information. The Subscriber will promptly notify Elsevier if it determines that there has been a failure of such safeguards if such failure results in a compromise of the confidentiality or security of any Elsevier Content provided hereunder and cooperate with Elsevier’s reasonable requests surrounding such failure, including taking appropriate steps to end such activity and to prevent any recurrence. For the purpose of this Section 3.2, “Elsevier Content” means any material or information which Elsevier provides or makes available to the Subscriber in connection with the Subscribed Products and performance of this Agreement.

Section 4. Elsevier warranties and indemnities.

The following additional terms apply to Elsevier AI Subscribed Products and supplement Section 6.3 of the MSA:

THE SUBSCRIBED PRODUCTS DO NOT PROVIDE MEDICAL OR REGULATORY ADVICE IN CONNECTION WITH ARTIFICIAL INTELLIGENCE GENERATED RESPONSES, WHICH RESPONSES ARE DELIVERED WITHOUT HUMAN REVIEW AND FOR INFORMATION DISCOVERY PURPOSES ONLY. ARTIFICIAL INTELLIGENCE GENERATED RESPONSES MAY BE INACCURATE AND SUBJECT TO BIAS. SUBSCRIBER AND ITS AUTHORIZED USERS MUST EXERCISE THEIR OWN JUDGMENT BEFORE ACTING ON OR APPLYING ANY SUCH RESPONSES. CONTENT IS IN ENGLISH AND WHILE INPUTS AND RESPONSES MAY BE SUPPORTED, TRANSLATIONS ARE NOT VALIDATED.