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Product Specific Terms and Conditions for SciBite Software

Elsevier Master Services Agreement

Product Specific Terms and Conditions for the SciBite Software

Section 1. Subscription.

1.1 Authorized Users.

The following additional terms apply to SciBite Software and supplement Section 1.2 of the MSA:

Any individuals who are independent contractors of the Subscriber, or employed by independent contractors of the Subscriber, may only be Authorized Users where such individuals have been expressly approved in writing by Elsevier prior to being granted access to the SciBite Software.

1.2 Authorized Uses.

The Subscriber may allow Authorized Users to use the SciBite Software, subject to any restrictions set out in the Agreement.

1.3 Restrictions on Use of SciBite Software.

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

deliver or otherwise make the SciBite Software directly or indirectly available to anyone other than Authorized Users;

copy, adapt, abridge, modify, enhance, otherwise change, merge (parts of) the SciBite Software with other products and/or services, or create derivative works (including resulting from the use of artificial intelligence tools) of the SciBite Software that would compete with the value or have the potential to substitute and/or replicate and/or reverse engineer any existing Elsevier products, services and/or solutions;

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 SciBite Software;

disassemble, decompile, unlock, reverse engineer or in any manner decode the SciBite Software 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 SciBite Software with other software; Reverse-engineering includes any attempt to re-create algorithms, methodologies, data schemas or functionality of the SciBite Software into other software;

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

for the SciBite Vocabularies (VOCabs) Software only: reverse-engineering includes any attempt to re-create non-compiled versions or sub-sets of the SciBite Vocabularies Software through any means. Applications which store data from the SciBite Vocabularies Software, including identified synonyms, must only use that data within that application and may not export it to other applications.

The Subscriber is responsible for and will comply with all terms and conditions of any third party websites, databases, platforms and other applications and systems when using the SciBite Software and only use the SciBite Software in accordance with such terms and conditions.

1.4 Subscriber Integration of SciBite Software.

The Subscriber may integrate the SciBite Software with other software and platforms, provided that before doing so:

Subscriber notifies Elsevier of the proposed integration and provides such further details and information as Elsevier may reasonably request;

Subscriber complies with any request from Elsevier that the proprietor of any third party software or platform should enter into appropriate confidentiality and security undertakings with Elsevier, relating to the SciBite Software and the Documentation;

that any copies of the SciBite Software required by any third parties for such integration are provided by Elsevier and not distributed by the Subscriber; and

Subscriber maintains up to date records and technical specification of the integration to meet the requirements set out herein.

Section 2. Elsevier performance obligations.

2.1 Hosting.

Elsevier will host the SciBite Software, as set out in Schedule 5, in the Elsevier hosting environment.

The subscription is valid for one production instance of the SciBite Software to be used within Subscriber environment. A production instance is defined as an installation of the SciBite Software (on-premise or on the Subscriber’s cloud service or hosted) for use by the authorized department/group or within the application named on Schedule 5, to perform its research activities (“Production Instance”). For operation purposes Elsevier authorizes an additional instance for test and development purpose only, to be used by the authorized department/group or to support the application named on this Schedule 5. Unlike the Production Instance, the test and development instance cannot be used to support research activities or run real life queries. A subscription for a development instance will be granted for testing purposes only.

No third-party licenses are included or implied under the Agreement. In the event that an Elsevier VOCab/Ontology requires a license (e.g. MedDRA, SNOMED), it is the Subscriber’s responsibility to ensure that the appropriate license is in place. For SNOMED derived VOCabs, it is the Subscriber’s responsibility to ensure that they are either in a member country or have a valid license agreement, details of which are at https://www.snomed.org/snomed-ct/get-snomed.

2.2 Software Services.

Elsevier will provide software services, consisting of maintenance services and support in accordance with Elsevier’s Service Level Agreement at https://www.elsevier.com/legal/elsevier-service-levels.

2.3 Data Security.

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

2.4 Personal Data Protection.

To the extent that Elsevier is processing personal data on behalf of the Subscriber, Elsevier will process such personal data in accordance with the Elsevier Data Processing Addendum at https://www.elsevier.com/legal/data-processing-terms.

2.5 Effect of Termination.

Upon termination or expiration of the relevant Order Form, all right to access and use the SciBite Software and the right to provide the SciBite Software to its Authorized Users, will cease and Elsevier will terminate or disable access to the SciBite Software. All Subscriber data stored by Elsevier for the purpose of inclusion in the SciBite Software will be deleted from Elsevier’s servers. Unless otherwise agreed with Elsevier in writing, the Subscriber will be responsible for extracting any Subscriber data from the SciBite Software before the effective end date of the Agreement.

Section 3. Subscriber performance obligations.

3.1 Authentication.

Access to the SciBite Software will be controlled by the Subscriber.

3.2 Subscriber content and applications.

The Subscriber represents and warrants that Elsevier’s use of data and/or applications, products and/or services provided by Subscriber or its suppliers to Elsevier for the purposes as set forth in the Agreement, will not infringe the intellectual property rights of any third party. The Subscriber further represents and warrants that data provided by the Subscriber or its Authorized Users are not false, offensive, defamatory, threatening, obscene, or otherwise unlawful. The Subscriber will indemnify, defend and hold harmless Elsevier 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 or that such data are false, offensive, defamatory, threatening, obscene, or otherwise unlawful. If any such action or claim is made, Elsevier will promptly notify and reasonably cooperate with the Subscriber. This indemnity obligation will survive the termination of the Agreement.

As between the parties, the Subscriber agrees that all content, data, or materials in whatever format derived or compiled by the use of the SciBite Software, made available via, or loaded onto the SciBite Software and/or any use of (third party) applications, products and/or services with the SciBite Software, are the sole responsibility of the Subscriber. The Subscriber has the sole responsibility to independently determine whether the Subscriber 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 as well as any (third party) applications, products and/or services comply with all applicable laws, including but not limited to, rules of copyright, trademark, secrecy, defamation, decency, privacy, security and export laws.

Elsevier does not claim any intellectual property rights to the content Subscriber submits.

Section 4. Elsevier warranties and indemnities.

4.1 Indemnities.

Elsevier will indemnify, defend and hold harmless the Subscriber and its Authorized Users 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 SciBite Software 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 Subscriber will promptly notify and reasonably cooperate with Elsevier. This indemnity obligation will survive the termination of this Agreement.

Elsevier will have no obligation under this Section to the extent that any alleged infringement relates to use of the SciBite Software in combination with other data products, processes, materials and/or (third party) applications, products and/or services not provided by Elsevier or any modification of the SciBite Software not made or authorized by Elsevier.

4.2 Remedies for Third Party Injunction.

If the Subscriber is enjoined from using the SciBite Software 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 SciBite Software to render it non-infringing while maintaining substantial equivalence, or (b) procure a license or subscription which permits the Subscriber at no additional cost to continue to use the SciBite Software, or (c) terminate this agreement for the SciBite Software and refund to the Subscriber a portion of the Fees paid for the SciBite Software, prorated to the end of the then-current annual term.

Section 5. Various scibite products.

5.1 SciBite Software “SciBite Chat”.

SciBite Chat responses are AI-generated without human review and are intended to support information discovery as part of the SciBite Software SciBite Search. Subscriber and its Authorized Users must exercise their own judgment before acting on or applying any responses. Content is in English and while browser translated inputs and responses may be supported, translations have not been validated.

Subscriber is responsible for monitoring its use of Chat GPT Tokens. If Subscriber has used up its Chat GPT Tokens, Subscriber will need to purchase additional Chat GPT Tokens to continue to use the SciBite Chat features. "Chat GPT Tokens" refer to the units allocated to the Subscriber for the purpose of processing queries within the SciBite Chat feature. The starter tier includes 500,000 Chat GPT Tokens. Once these Chat GPT Tokens are exhausted, additional tokens must be purchased to continue using the SciBite Chat features.

5.2 SciBite Software “SciBite Search”

Access to undocumented web service end points/APIs within the SciBite Search system are prohibited and deemed in breach of this Agreement and may cause data corruption. This includes access to any internal sub-components that include, but are not limited to, Named Entity Recognition, Relationship Extraction and other text-analytics services.

5.3 SciBite Software “WorkBench”.

The Agreement provides access to WorkBench to support the enrichment of tabular or semi-structured data via the User Interface (UI) or Application Programming Interface (API). WorkBench provides an interface to support tabular and semi-structured data harmonization using TERMite. While WorkBench can be used without limitation to support the tabular and semi-structured data harmonization use case, an underlying TERMite license is required for each use case served via WorkBench.