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Thomson Reuters (Professional) UK Ltd Databases Terms of Agreement - 2013

Use of the online databases produced by Thomson Reuters (Professional) UK Ltd and all data obtained from Thomson Reuters (Professional) UK Ltd databases is subject to the following Terms and Conditions of use (hereinafter “Terms”).  Any other use of the data without the express written permission of Thomson Reuters (Professional) UK Ltd is strictly prohibited.
These Terms are effective from January 1st 2013 and are subject to change at any time upon publication of the change by Thomson Reuters (Professional) UK Ltd.

The following Terms apply to all forms of copying, distribution and archival (electronic, printed etc.) from any Thomson Reuters (Professional) UK Ltd database online. If a customer wishes to use, copy or store the data in a way which is not permitted under these conditions, then they are advised to contact Thomson Reuters (Professional) UK Ltd and obtain prior written consent.

The Thomson Reuters (Professional) UK Ltd databases and the information contained in them (“Information”) may be used by End Users and Search Brokers as defined in this document.  Terms in Sections 1 apply to End Users, in Section 2 to Search Brokers and in Section 3 to ALL users.

Licence agreements for archival and redistribution of data beyond a project group are available and copies of the Licences can be obtained from Thomson Reuters (Professional) UK Ltd Customer Services.

Authority
Access to and use of the Thomson Reuters (Professional) UK Ltd databases is subject to the following Terms between You and the company, partnership or entity, if any, with which You are affiliated (hereafter referred to as “You” or “Your”) and Thomson Reuters (Professional) UK Ltd Limited . By accessing one of the Thomson Reuters (Professional) UK Ltd databases, You agree that You have the authority to enter into the Terms and that You have read the Terms, understood them and agree to be bound by them. Thomson Reuters (Professional) UK Ltd reserves the right to disallow any specific usage that in Thomson Reuters (Professional) UK Ltd estimation exceeds what is intended under these Terms.

Terms and Conditions
The following Terms apply to all forms of use and distribution (electronic, printed etc.) from any Thomson Reuters (Professional) UK Ltd database when accessed through commercial host vendors. Information from Thomson Reuters (Professional) UK Ltd databases is available to You as intellectual property copyrighted by Thomson Reuters (Professional) UK Ltd and subject to the provisions of international copyright conventions and other intellectual property laws. Thomson Reuters (Professional) UK Ltd owns all right, title and interest, including copyright in all Information and retains all rights in providing Information to You. Except as expressly provided herein, You shall not use, publish, transmit, redistribute or otherwise reproduce (including, without limitation, translate) information from Thomson Reuters (Professional) UK Ltd databases.

Section 1 : Terms which apply to End Users

  1. You are an ‘End-User’ if You are obtaining or receiving the Information a) for Your own use if You are an individual or b) for the use of someone within Your company or business if You are a business. You are not an End-User if You fit into any of the following categories: a consultant accessing information on behalf of a client; a librarian accessing Information on behalf of a patron not employed within the librarian’s company; or any other Search Broker or Reseller of information, accessing Information to provide to a client. (The above list is not meant to be all inclusive). End Users may still access Information subject to the special terms and conditions applicable to Search Brokers if You are operating as a Search Broker.
  2. All Information provided to You by Thomson Reuters (Professional) UK Ltd (whether through intermediate online host vendors, Search Broker services, in-house databases etc.) is licenced for Your exclusive use.  You may not provide the Information in whole or in part to any third party.  You may use and copy Information and keep the Information for as long as You require if it is for Your personal use.  You may make up to 25 copies of the Information for distribution to a Project Group within Your company or business.  A Project Group is defined as a group of up to 25 individuals comprising a dedicated team researching or developing a specific product or process, within a definite timeframe, that requires or uses Thomson Reuters (Professional) UK Ltd data.  You may make additional copies of Information for distribution to others outside Your organization for the purposes of representing or advising Your organization during litigation. You, or others within Your organization to whom You have distributed Information, may store up to 5,000 records per year within an individual’s private archive or in a Project Group’s private archive (see definition of Project Group above).  You may retain the Information indefinitely within the company files with the following exceptions: You may not store the Information or any copy thereof beyond the limits permitted by the Terms, in an electronically searchable database for longer than 3 months unless You obtain a Thomson Reuters (Professional) UK Ltd Archival Licence.
  3. A Thomson Reuters (Professional) UK Ltd Redistribution or Archival Licence is required for distribution, storage and archival beyond the limits of these Terms. If you use the DIALOG Electronic Redistribution and Archive program (ERA) or STN Keep and Share Program, you may make and distribute within Your company or archive for internal use, the number of copies permitted thereby with the following exceptions:
  1.  You may not redistribute, electronically store (archive) all or a majority of records for any given year or for Single Country Patent Information.
  2. You may not electronically store (archive) in machine readable form for more than twelve (12) months, Information retrieved from Thomson Reuters (Professional) UK Ltd databases under the DIALOG or STN Archival feature.
  3. You may not delete or remove from Information the copyright credits or the name of the Thomson Reuters (Professional) UK Ltd database from which such records or data was retrieved.
  4. You may not electronically store in machine readable form for longer than three (3) months Information retrieved for internal redistribution under the DIALOG or STN redistribution feature (non archival storage).
  5. You must include Thomson Reuters (Professional) UK Ltd copyright notice conspicuously with each set of results which You distribute to others:

    Copyright (Year) Thomson Reuters (use the current year).

 


Section 2 : Terms which apply to Search Brokers
        

  1. A “Search Broker” means a person, business or entity who is accessing Information on behalf of another company; another entity; or an individual not employed by the Search Broker. Search Brokers can include (but are not limited to) the following: Information brokers; patent search bureaus; librarians and libraries; consultants; patent attorneys and agents; research firms.  Agents and other commercial redistributors (e.g. host vendors) are not considered Search Brokers and therefore may not access the Information under these terms of Agreement.
  2. Each time You access Information You will be acting on behalf of a single customer who is an End User (see definition in Section 1).  You may provide one copy of such Information to Your customer who has engaged You to conduct a specific search, provided that You place Thomson Reuters (Professional) UK Ltd copyright notice on the material. You may retain the Information for a maximum period of 3 months  for the purpose of editing or reformatting the search results. A referral copy of the Information may be retained indefinitely within Your company files or for back up purposes. You may not provide the same Information to another customer without replicating the search online. Your customer may subsequently use the Information according to the provisions of Sections 1 and 3 hereof.  You agree that You will follow the procedures specified in these Terms. Thomson Reuters (Professional) UK Ltd reserves the right to terminate this agreement immediately if You misrepresent the usage of information to Thomson Reuters (Professional) UK Ltd.
  3. You are not entitled to discounted access to the Thomson Reuters (Professional) UK Ltd databases online, when acting as a Search Broker except: You may access Thomson Reuters (Professional) UK Ltd databases at a discounted rate where You are employed by an organization which falls under the aforementioned category of End User, as part of an outsourcing agreement whereby You are using the End User’s authorized online ID to perform online searches on their behalf.
  4. You will not provide Information to any person, company or entity You know or have reason to believe will misrepresent, republish, resell, re-licence or reproduce (including, without limitation, translate) the Information or will use the Information to engage in unfair or deceptive practices.
  5. You may sort the Information, edit it, reformat it, record it electronically and combine it with other information so long as You are acting with respect to a specific order prepared for one End User.  You may not otherwise merge the Information with information from other sources or alter the Information to create the whole or any portion of a mailing list, telemarketing list, other marketing or research aid or other data compilation sold or licenced by You to a third party.
  6. In the case of suspected infringement by one or more of Your customers, You agree (subject to not contravening confidentiality agreements with Your customers) to provide confirmation to Thomson Reuters (Professional) UK Ltd that You have provided Information to that customer. Thomson Reuters (Professional) UK Ltd will have the right to prohibit You from servicing any End Users upon notice to You. Thomson Reuters (Professional) UK Ltd will, upon request from You, provide You with a supply of Terms which You may pass to Your customers.
  7. You acknowledge that You are acting under this Agreement as an independent contractor and shall not incur any obligation or liability in the name of Thomson Reuters (Professional) UK Ltd. Nothing contained herein shall be construed in any manner as appointing You or any of Your employees or associates as an agent or employee of Thomson Reuters (Professional) UK Ltd.
  8. When You make copies of the Information, You must include the following notice:

    Copyright (Year) Thomson Reuters  (use the current year)




Section 3 : Terms which apply to both End Users and Search Brokers

  1. You acknowledge that the amount You pay to Thomson Reuters (Professional) UK Ltd (via online host vendors) for the Information received from Thomson Reuters (Professional) UK Ltd will in most instances represent a small portion of Your overall cost of the project, task or function for which the Information will be used.  You also acknowledge that the type of Information to be provided by Thomson Reuters (Professional) UK Ltd (through the online host vendors) and provided to You may contain a degree of error. Finally, You acknowledge that the risk of any loss or injury which might be incurred by You (and/or Your     customer in the case of a Search Broker) in reliance upon the Information will be borne by You (and/or Your customer in the case of a Search Broker). For these reasons, You agree that You are responsible for determining that all Information provided by Thomson Reuters (Professional) UK Ltd to You is sufficiently accurate for Your purposes. Neither Thomson Reuters (Professional) UK Ltd nor the online host vendors makes any representation or warranties of any kind with respect to the Information, including, but not limited to, its correctness, completeness, currentness, merchantability or fitness for a particular purpose or with respect to the media on which the Information is provided and neither Thomson Reuters (Professional) UK Ltd (nor the online host vendors) shall be liable for any loss, injury or death arising out of or caused, in whole or in part, by Thomson Reuters (Professional) UK Ltd (or the online host vendors) negligent acts or omissions in reporting, communicating or delivering the Information, directly or indirectly, to You.
  2. You agree that neither Thomson Reuters (Professional) UK Ltd nor the online host vendors will be liable for consequential damages, even if advised of the possibility of such claims by users of Thomson Reuters (Professional) UK Ltd Information.
  3. If, notwithstanding paragraphs i and ii above, liability can be imposed on Thomson Reuters (Professional) UK Ltd and /or the online host vendors, then You agree that Thomson Reuters (Professional) UK Ltd and the online host vendors’ aggregate liability, if any, for any and all losses, injuries or death to You (and/or Your customer in the case of a Search Broker) arising out of any acts or omissions of Thomson Reuters (Professional) UK Ltd and or the online vendors in connection with anything to be done or furnished hereunder, regardless of the cause of the loss, injury or death (including negligence) and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount paid by You for the services furnished hereunder during the previous 12 month period or $5,000, whichever is greater, and You covenant and promise that You will not sue Thomson Reuters (Professional) UK Ltd and/or the online host vendors for any greater than such sum and that You will not seek punitive damages in any way against Thomson Reuters (Professional) UK Ltd and/or the online host vendors.
  4. You acknowledge that the Information licenced by Thomson Reuters (Professional) UK Ltd hereunder, regardless of format or form, is proprietary to Thomson Reuters (Professional) UK Ltd and comprises:
    1. works of original authorship, including compiled information containing Thomson Reuters (Professional) UK Ltd selection, arrangement and co-ordination and expression of such information or pre-existing material it has created, gathered or assembled;
    2. confidential and trade secret information;
    3. information that has been created, developed and maintained by Thomson Reuters (Professional) UK Ltd at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm Thomson Reuters (Professional) UK Ltd.  
  5. These Terms are subject to change at any time by Thomson Reuters (Professional) UK Ltd and are in addition to those found in the online host vendors’ customer agreements. If there is a conflict between these Terms and the online host vendors’ terms of agreement, then these Terms will apply.  These Terms shall be governed by and construed in accordance with English law.
  6. You understand that You are the beneficiary of a contract between Thomson Reuters (Professional) UK Ltd and or the online host vendors and that, under that contract, both Thomson (Reuters) Scientific and the online host vendors  have reserved certain rights which may result in the termination of Your right to receive Information from Thomson Reuters (Professional) UK Ltd. In addition, Thomson Reuters (Professional) UK Ltd may terminate this Agreement at any time if You breach any of its terms.
  7. You agree that You will not commit or permit any act or omission by Your agents, employees or any third party which would impair Thomson Reuters (Professional) UK Ltd proprietary and intellectual property rights in the information.



Section 4 : Licences for End Users

For redistribution and archival beyond the terms and conditions specified herein, You will require a Thomson Reuters (Professional) UK Ltd Redistribution Licence and/or a Thomson Reuters (Professional) UK Ltd Archival Licence.  Please contact Your local Thomson Reuters (Professional) UK Ltd office if You wish to obtain an official Licence.

  1. Thomson Reuters (Professional) UK Ltd Redistribution Licence
    If You are performing SDIs, Alerts, Profiles or searches online or using an in-house archive and distributing the results to a Project Group of more than 25 persons or to individuals who do not comprise a Project Group, You will require a Redistribution Licence. Note: certain authorized users may be covered for broader redistribution as part of their 2013 Subscription arrangement.

  2. Thomson Reuters (Professional) UK Ltd Archival Licence 
    Archival within an individual’s private database or within a Project Group’s database is permitted to the limit of 5,000 records per year. For archival and storage in a searchable electronic database system beyond the Terms of this agreement You will require an Archival Licence.