Copyright: Elsevier B. V.

Download Rules

The publisher ESP requires that the user signs a downloading agreement with ESP before the actual download takes place. This agreement contains 29 sections of text on 4 pages A4 format. You may print the following downloading agreement on paper or send a request of agreement by mail from ESP.
write to: Elsevier BV
Attn: Margaret L. Bark
Marketing Coordinator, Database
P.O. Box 1527
1000 BM Amsterdam
The Netherlands

EMBASE Downloading Agreement

The undersigned:

1. Elsevier BV, a Dutch corporation with offices in Amsterdam, The Netherlands, hereinafter "ESP";
    
   and
    
2. The Customer specified below;

Whereas ESP is the publisher of EMBASE, the Excerpta Medica database;

Whereas the Customer has requested permission to download information from EMBASE and to keep this information stored on an annual subscription basis;

Have agreed as follows:

ESP hereby licenses the Customer to download information from EMBASE under the conditions, for the purposes, and to the extent mentioned below and overleaf.

1. CUSTOMER SPECIFICATIONS

Name of Organization

Attention of

Department or Section

Number and Street/P.O. Box

City,State,Country

Zip (postal) code

Telephone (include area code)

Telefax

Telex

2. DOWNLOADING PREMISES SPECIFICATION (indicate the location(s) where the EMBASE information will be downloaded, stored and kept)

Name of Organization/Division

Number and Street/P.O.Box

City/State/Country/

Zip (postal) code

Telephone (include area code) extension

3. INDICATION OF STORAGE DEVICE(S) (TAPE, DISC, MAINFRAME etc.)

4. VENDOR SYSTEM

Vendor name
 
D I M D I
Cologne, Germany
 
Customer-Number (do not use the User-Code)

5. INDICATION OF THE PURPOSE(S) OF THE CUSTOMER'S DOWNLOADING
   

6. ANNUAL SUBSCRIPTION FEE

Number of records per year Subscription fee

up to 500 ( ) .... .... .... no charge
501 to 1.000 ( ) .... .... .... Dfl. 1000.00
1001 to 5.000 ( ) .... .... .... Dfl. 3000.00
5001 to 10.000 ( ) .... .... .... Dfl. 5000.00
more than 10.000 ( ) .... .... .... contact ESP for details

7. DURATION

This agreement is valid from the date of its execution until 31 December 19.. For renewal periods see article 26.

8. CUSTOMER'S REPRESENTATION

The Customer represents that his statements herein are true and correct and accepts the Terms and Conditions set forth in this Agreement.

IN WITNESS WHEREOF this Agreement was signed by the parties in duplicate on ................................(dates)

Elsevier BV
 
K.J. Leeflang

General Manager

Biomedical Division

The Customer
  
(name and signature of authorized officer)
  

GENERAL TERMS AND CONDITIONS

LICENSE PROVISIONS

9. Customer recognizes ESP's trademark and copyright in EMBASE.
10. In this Agreement downloading means reproduction in machine readable form of information contained in EMBASE for more than transitory duration by retrieving that information from an online third party host and storage thereof, whether or not edited, adapted, abridged, or merged with additional information, on any kind of electronic medium. A mere display of the information on a terminal screen, being for transitory duration only, and a copying of magnetic tapes or discs licensed to Customer, not being a retrieval from an online third party host, are not pertinent for the purposes of this Agreement.
11. The license to download pursuant to this Agreement does not imply a permission to enter and search EMBASE, since these acts are subject to separate agreements with authorized computer hosts.
12. For the purposes of this Agreement a "record" shall mean a unit of information, e.g. a citation, abstract, index or any other unit which can be separately retrieved from EMBASE and has been indicated as such by ESP.
13. The downloading permission only pertains to the number of records for which the subscription fee has been paid. If records are downloaded in any subscription period in excess of the subscribed number, this shall be considered as being outside of this Agreement and an infringement of ESP's copyright unless the Customer had obtained prior authorization from ESP and has paid the additional appropriate subscription fee.
14. Customer may only use the downloaded information for private use or internal use in its organisation, for which purpose the information may be made accessible to its employees only. Any other use of the information or parts thereof, including but not limited to, the reproduction, the publication or dissemination thereof to third parties, either electronically, printed, by microfiche or any other format, is expressly forbidden except with the prior permission of ESP. The reproduction of one back-up copy for safekeeping is permissible.
15. Customer undertakes to retain with each downloaded record such identification of EMBASE and its ownership by ESP as ESP may reasonably require or as delivered by ESP with the downloaded record. Any removal or disguise of this identification shall be regarded as an infringement of this Agreement and of ESP's copyright in EMBASE.
16. Customer shall download and keep the downloaded information only at the downloading premises specified in this Agreement. Customer shall obtain sufficient protection of the downloaded information against unauthorized use and removal.
17. To enable ESP to establish the number and specification of the records downloaded and Customer's observance of this Agreement, Customer shall, upon ESP's reasonable written request procure a statement of an independent certified accountant/auditor as to the facts.
18. ESP is not responsible in any way for the accessibility to EMBASE since this is subject to contract with computer hosts. Consequently any lack of access at any time during the term of this Agreement does not create an obligation to repay the subscription fee pursuant to this Agreement.
19. Subscription fee entitles the Customer to download the subscribed number of records; this amount is due even when the subscribed number of records is not attained.
20. Any infringement of the provisions of this Agreement pertaining to the nature of the use hereby permitted to Customer shall also be considered as an infringement of copyright.

MISCELLANEOUS PROVISIONS

21. Customer shall bear all risks and costs associated with downloading and use of EMBASE information, including any applicable taxes.
22. ESP MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO EMBASE AND THE INFORMATION CONTAINED THEREIN AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS. No responsibility is assumed by ESP for any injury and/or damage to persons or property as a matter of product liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in EMBASE. Because of rapid advances in the medical sciences, ESP particularly recommends that independent verification of diagnoses and drug dosages mentioned in EMBASE are made. Customer will ensure that any parties receiving EMBASE material through downloading will be made aware of the provisions of this paragraph.
23. Nothing in this agreement shall waive royalties or other fees owed by Customer for access to, search or receipt of information to be downloaded.
24. Subscription amounts are payable in the agreed currency only. Payments should be made in advance in accordance with ESP's instructions, as set forth as of the date of this Agreement and the beginning of any renewal period respectively.
25. Any breach by Customer of this Agreement will entitle ESP to terminate it forthwith without prejudice to ESP's rights. In case of termination Customer shall forthwith destroy or erase all downloaded information which violates this Agreement.
26. Customer's payment of a subscription fee for renewal periods does not prejudice ESP's right to cancel a renewal of the Agreement by giving Customer one month written notice thereof before the end of the current subscription period.
27. This Agreement will be automatically renewed for subsequent calendar year periods, unless terminated in writing by either party at least 20 days prior to the last day of December of any current subscription year.
28. This Agreement shall be construed and read as an Agreement under the laws of The Netherlands. All disputes between the parties shall belong to the exclusive jurisdiction of the competent courts of Amsterdam, notwithstanding ESP's right to apply to a competent court in Customer's jurisdiction.
29. Changes in or additions to this Agreement will be binding upon ESP only if they are explicit and in writing and signed by ESP.