CAS BIOFINDER™ TRIAL – TERMS OF USE
As a CAS BioFinder Trial (the “Trial”) participant, you accept and agree to be bound by these Terms of Use. CAS and You may each be referred to herein as a "Party" or, collectively, as the "Parties."
1. License. CAS grants You a non-perpetual, non-exclusive, non-transferrable, limited License to use CAS BioFinder (the “Product”) for the limited duration of the Trial, subject to these Terms of Use. The Product may be used only by You for private, internal business purposes. Your right to use the Product is completely stated in these Terms of Use, and You have no other or any additional rights.
2. Access. You will access the Product using Your CAS SciFinder® username and password. Some features and functionality of the Product are available or enhanced by access or redirection to CAS SciFinder. Your access to all the features and functionality of the Product is dependent upon Your continued access to CAS SciFinder. Should Your access to CAS SciFinder be discontinued for any reason, including Your organization’s nonrenewal of its CAS SciFinder license, violations of Your organization’s CAS SciFinder license terms, or Your violation of the End User License Agreement, Your Trial license will be automatically terminated.
3. Term & Termination. Your Trial access to the Product will extend for 30 days. The Trial, these Terms of Use, and your access may be modified, suspended, or cancelled in whole or in part by CAS without prior notice. CAS shall not be liable to You nor to any third party for any suspension of Product access. At the end of Your Trial, unless you purchase a paid Product license, you may not retain any content or other materials you obtained in or through the Product during Your Trial.
4. Reasonableness of Use. CAS will monitor Your volume of searching and downloading activity on a routine basis, for the purposes of (i) benchmarking “average” use, noting any significant variance in patterns of usage, and (ii) ensuring compliance with these Terms of Use. CAS may ask You to discuss with CAS any usage pattern(s) CAS questions and, if necessary, work with CAS to reach a solution if a problem is uncovered. If CAS determines that use is excessive or violates these Terms of Use, CAS may terminate Your Trial. CAS prefers to resolve these types of issues with You without terminating Your Trial and will use reasonable efforts to do so.
5. Prohibited Uses. You shall not:
- i. Share Your password and/or login credentials with any other person;
- ii. Create or compile, directly or indirectly, manually, via automated programming, or otherwise (e.g., a script written to extract and download any data within the Product in batches), a collection, compilation, database, or directory from the Product;
- iii. Use any script/macro to automate an otherwise manual process, including but not limited to, an attempt to login to the Product utilizing an automated process;
- iv. Use the Product for the purposes of machine learning, algorithmic development, testing or enhancing, or any other artificial intelligence purposes;
- v. Redistribute to third parties, whether for commercial gain or otherwise, or in any other way commercially exploit the Product;
- vi. Use the Product in conjunction with federated search tools, or for any other purpose, including but not limited to distribution of the Product by assignment, sale, sublicense, loan, or other means of transfer to any third party, or any commercial use, whether paid or unpaid;
- vii. Reverse assemble, decompile, reverse engineer, modify, enhance, adapt, create derivative works, or otherwise attempt to derive source code from (or the underlying ideas, algorithms, structure, or organization of) the Product.
- viii. Input any content or other information accessed in or through the Product into any public or private generative AI program or tool (e.g. ChatGPT, OpenAI, Co-Pilot).
6. Customer Support. You may request CAS Customer Center support during regular service hours at no additional charge. If You are located in Japan, You may also contact a CAS local agent in Japan for customer support.
7. Confidential Information. All information and documentation disclosed to You as part of this Trial is considered confidential and proprietary information of the American Chemical Society (ACS) and its CAS division. You agree to keep all such information confidential and use the confidential information only in connection with the Trial. You may not retain any materials related to or accessed through the Product after Your Trial access is terminated.
8. Warranty and Liability Disclaimers. CAS warrants that the Product platform, and any update(s) thereto, are free from significant defects in material and workmanship under normal use, and (ii) CAS has complete authority to grant the rights and to undertake the obligations described in these Terms of Use without the further consent of any other person or entity. CAS DOES NOT MAKE ANY ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO THE PRODUCT AND ALL INFORMATION SUPPLIED TO YOU PURSUANT TO THESE TERMS OF USE, CAS DOES NOT WARRANT ACCURACY OR COMPLETENESS, IS NOT RESPONSIBLE FOR ERRORS AND OMISSIONS IN SEARCH RESULTS, DOES NOT REPRESENT THAT THE USE OF INFORMATION, PRODUCTS, OR SERVICES PROVIDED PURSUANT TO THESE TERMS OF USE WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, AND IS NOT LIABLE FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS) ARISING OUT OF ANY SERVICES RENDERED OR PRODUCTS PROVIDED, OR ANY FAILURE TO RENDER SERVICES OR PROVIDE PRODUCTS PURSUANT TO THESE TERMS OF USE, OR IN ANY WAY ARISING FROM THESE TERMS OF USE OR USE OF THE PRODUCT.
As part of the Product experience, CAS may provide access to third-party tools, software, and services, including but not limited to application program interfaces (“Third-Party Services”). CAS DISCLAIMS ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD-PARTY SERVICES. YOU ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY CAS AS TO THE FITNESS OF THE THIRD-PARTY SERVICES FOR YOUR INTENDED PURPOSE.
9. Relationship. Nothing contained in these Terms of Use or Your participation in the Trial will be interpreted to constitute You as a partner, agent, joint venturer, or employee of CAS, nor will You have any authority to contractually bind CAS to third parties.
10. Ownership. The copyright and title to all property interests in or to the Product, including search queries generated by You and information accessed using the Product, are in, and will remain with CAS/ACS as owner. These Terms of Use do not grant You any right of ownership.
11. Privacy. Each Party acknowledges and agrees that both Parties may be required to comply with certain data protection, privacy, and/or information security laws, rules, regulations, or guidelines enforced in the jurisdictions in which You access the Product related to the collection and processing of Personal Data, including, without limitation, the European Union General Data Protection Regulation (the “Privacy Laws”). You agree that CAS may collect, use, and otherwise process Personal Data in accordance with the CAS Privacy Policy incorporated herein by reference. Each Party agrees to employ appropriate administrative, physical, and technical safeguards designed to protect the Personal Data submitted to CAS or otherwise processed through the Product. Each Party shall promptly notify the other Party in the event of any unauthorized use, disclosure, collection, or access of Personal Data (an “Incident”). You acknowledge and agree that any such notification related to an Incident may be performed through electronic communication directed to the email address associated with Your CAS SciFinder credentials.
12. Information Use Policy and End User License Agreement. The Information Use Policy and End User License Agreement, available at www.cas.org/legal are incorporated herein by reference. In the event of a conflict between these Terms or Use and those policies, these Terms of Use shall control.
13. General Provisions. Should any part of these Terms of Use be unenforceable, all other provisions will not be affected. If either Party does not exercise any right provided for in these Terms of Use, this does not mean that such Party waives the right to exercise such right in the future. You may not assign or sublicense, without the prior written consent of CAS, any rights, duties, or obligations under these Terms of Use to any person or entity, in whole or in part. These Terms of Use shall be governed by the laws of and interpreted by the courts of the District of Columbia of the United States of America. You are responsible for all risks and costs associated with its use of the Product, including, but not limited to, any and all applicable taxes and duties, such as local, use, value-added, or sales taxes, and customs duties.
You shall comply with all applicable U.S. export control and sanctions laws and regulations. You agree to absolve CAS of any liability for breach of contract or any other legal or equitable claim if You were to become subject to U.S. sanctions/export control restrictions and such sanctions/restrictions were to prevent performance by CAS.
The foregoing General Provisions shall survive the termination of Your Trial for any reason.
14. NOTICES. Any notice(s) given under these Terms of Use may be sent by electronic or certified mail to the Party’s last known address.
15. ENTIRE AGREEMENT. These Terms of Use are the entire understanding between the Parties concerning the subject matter hereof, supersede all prior representations and agreements, oral or written and, except as provided herein, may not be modified unless in writing signed by authorized individuals of both Parties.