SciBITES News Service Terms and Conditions

These Terms and Conditions (“Terms”) apply to the scibite.com website (the “Site”) and other SciBite products (“The Services”) which are hosted and sold by SciBite Limited, a company registered in England under company number 7778456 with a registered office at SciBite Limited, CB1 Business Centre, Twenty Station Road, Cambridge, CB1 2JD
United Kingdom (“SciBite”,”we”, “us”, “our”). They apply regardless of the means of delivery of the Site to you (“Users”), including but not limited to the main SciBite.com site itself and delivery of information through the Application Program Interface (“API”). Our privacy policy is incorporated here by reference. Thank you for visiting www.SciBite.com. In consideration of us making the Site and its functionality available for your use, you accept and agreed to be bound by these Terms. If you do not accept these Terms, do not use the Site. We may change these Terms from time to time, so you should review them each time that you visit the Site. You should print a copy of these Terms for future reference.

  1. Licensed Materials 
    1. The Licensed Materials may include content licensed to SciBite by third-party providers (“Suppliers”). Customer acknowledges and agrees that SciBite and Suppliers are the owners and/or licensors of all intellectual property rights in the Licensed Materials and retain their respective rights, title and interest in and to the same. Nothing in these Terms shall be taken to grant any rights to Customer in respect of any intellectual property rights in the Licensed Materials. Customer further acknowledges and agrees that the Licensed Materials and access thereto (including without limitation access to the Website or otherwise) may be changed by SciBite from time to time without notice to Customer. Customer shall comply with the provisions of these Terms.
  2. License
    1. Grant of Licence. In consideration of the price (as set out on the Website and payable in accordance with the provisions of these Terms) payable by Customer to SciBite, SciBite hereby grants to Customer a limited, non-exclusive, non-transferable, non-delegable licence (and with respect to Suppliers’ third-party content contained in the Licensed Materials, sub-licence) to use the Licensed Materials only in connection with Customer’s internal business purposes relating to research and in accordance with the provisions set out in these Terms.
    2. Restrictions. Except as expressly set out in these Terms or as permitted by any applicable laws, Customer warrants, represents and undertakes:
      1. Not to allow anyone else to use your account or use anyone else’s account, or impersonate or try to impersonate another person for the purposes of accessing the Site
      2. Not to copy the Licensed Materials (either wholly or partly) except that Customer may copy and print limited portions of the Licensed Materials as permitted by applicable copyright law and solely for its internal business purposes relating to research;
      3. Not to sell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Licensed Materials;
      4. Not to make alterations to, or modifications of, the whole or any part of the Licensed Materials (which shall include without limitation any removal of or change to any copyright notices, trade marks, disclaimer notices, proprietary markings, restrictive legends or any digital watermarks included in or places on any part of the Licensed Materials);
      5. Not to use, analyse, reverse engineer or apply any procedure or process to the Licensed Materials in order to ascertain, derive, and/or appropriate, for any reason or purpose, the Licensed Materials or any information regarding the linkages, layouts or proprietary processes used in connection with the Licensed Materials or access to the Licensed Materials;
      6. To keep all copies of the Licensed Materials secure in accordance with clause 3.4 of these Terms and to maintain accurate and up-to-date records of the number and locations of all such copies;
      7. Not to provide, or otherwise make available, the Licensed Materials in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any third party without the prior written consent from SciBite;
      8. Not alter, obscure, remove, interfere with or add to any of the trade marks, trade names, markings or notices affixed to or contained in the Licensed Materials;
      9. Not use the Licensed Materials in any manner, which infringes upon the copyright and other intellectual property rights or proprietary interests of SciBite, its Suppliers or any other third party;
      10. Not to use any form of web crawler or other data retrieval tool or service to access the site in any automated manner, including for the purpose of automatically collecting and reconstructing a substantial part of the Licensed Materials. For the purposes of this clause 2.2.9, ‘substantial part’ shall mean any subset of the Licensed Materials containing more than 75% of the records of any subsection of the Licensed Materials and ‘subsection’ shall mean all records from any single publishing source published within a calendar year (and the term ‘subset’ shall be construed accordingly);
      11. To comply with any applicable laws or regulations, rules, regulatory policies, guidelines or industry codes (as may be amended, extended or re-enacted from time to time) which apply to the provision of the Licensed Materials
    3. Security. 
      1. Customer shall use physical, administrative, organisational and technical measures to protect the security of all Licensed Materials and any other materials provided by SciBite pursuant to these Terms. Such measures shall be in accordance with best industry standards and no less protective than those measures Customer uses with respect to other proprietary materials in its possession or control.
      2. Customer shall immediately notify SciBite of any breach or suspected breach of security with respect to the Licensed Materials (each a “Security Breach”) of which Customer becomes aware.
      3. Customer shall fully co-operate with SciBite to remedy any Security Breach as soon as reasonably practicable
      4. Where applicable, Customer shall keep any passwords and login information confidential and shall not allow (directly or indirectly) any third party to use the same.
      5. Without prejudice to any other rights or remedies available to SciBite, SciBite may disable or suspend Customer’s (or any of its Users’) access to the Licensed Materials at any time if, in SciBite’s sole opinion, Customer or any of its Users fail to comply with the provisions of these Terms (including without limitation any failure by Customer to pay SciBite any amount due to it under these Terms).
    4. Reservation of Rights
      1. All rights not expressly granted herein are reserved by SciBite Limited.
    5. Delivery
      1. SciBite shall deliver the Licensed Materials to Customer via the Website.
    6. Use Of The Site
      1. SciBite provides a number of access points to the site, including but not limited to free access without creating an account, subscription-based access, API access and customised products and services. Users of the site understand that we will collect data on which articles are being accessed in order to generate frequency counts and provide information on the most read articles within a subject area. In accordance with our privacy policy, users agree to recording of this data, with the explicit understanding that we do not store these data at the individual user level and they cannot ever be used to identify a specific user of the site. We will only ever use this data to provide frequency counts and high level trends, and that such data remains the property of SciBite. Similarly, users may use the text-searching system to identify topics of interest on the site. Users agree that any words or phrases they enter may be used by SciBite to enhance the system by incorporation into our database and thesauri, and that such material remains the property of SciBite.
    7. Subscription Term
      1. Customer’s subscription shall commence on the date Customer subscribes to use the Licensed Materials via the Website and will continue for the period specified by the account terms or license.
    8. Suspension and Termination  
      1. SciBite may suspend, terminate, or prevent Customer’s subscription to the licensed Materials via the Website in the event that Customer has, or SciBite reasonably believes Customer has failed to comply with any of these Terms (including without limitation any failure to pay by Customer to pay SciBite any amounts payable). Where SciBite suspends, terminates or prevents Customer’s subscription, Customer must not attempt to re-register or submit any content, material or applications without SciBite’s written consent.
    9. Rights to the Licensed Materials upon Expiration and Termination 
      1. Expiration and Termination. Upon expiration or termination of these Terms, the license rights granted to and restrictions on Customer shall survive as to the Licensed Materials then in use and in Customer’s possession on the date of expiration or termination. SciBite shall have no obligation to provide Customer with any further access to any Licensed Materials after the effective date of expiration or termination.
      2. Survival. Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of these Terms shall remain in full force and effect.
    10. Payment
      1. Customer shall pay to SciBite the fees for access to the Licensed Materials via the website on the date Customer’s subscription commences. The current fees are clearly marked on the specific web pages. If any authority imposes a duty, tax, levy or fee on Customer’s use of the Licensed Materials, Customer agree to pay that amount.
    11. Confidentiality
      1. Each party shall, during the term of these Terms and thereafter, keep confidential all, and shall not use for its own purposes (other than implementation of these Terms) nor without the prior written consent of the other party disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority) any, information of a confidential nature (including trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other party (“Confidential Information”), unless such information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of these Terms, or subsequently comes lawfully into the possession of such party from a third party. Each party shall use its reasonable endeavours to prevent the unauthorised disclosure of any such information.
    12. Warranties 
      1. The Licensed Materials are provided on an “as is” and “as available” basis. Neither SciBite nor its Suppliers make any warranties or representations, expressed or implied, concerning the merchantability, quality, non-infringement or fitness for a particular purpose of the Licensed Materials or its content, products or services. Customer assumes all risk of use as between Customer, SciBite and Suppliers, or any of them. Neither SciBite nor Suppliers make any warranty that the Licensed Materials will be error-free, omission-free, free of viruses or uninterrupted. Neither SciBite nor Suppliers are responsible for invalid destinations, transmission errors in, corruption of, or the security of information carried over telecommunications carriers’ or other providers’ facilities. Neither SciBite nor Suppliers have any liability for faulty or interrupted communication links, nor for the contents of any such communications. Under no circumstances will SciBite or Suppliers be responsible for Customer’s use of the Licensed Materials or the service or results achieved by Customer from such use.
      2. All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into these Terms, whether by statute, common law or otherwise, are hereby excluded to the fullest extent permitted by law.
      3. Customer shall not export, directly or indirectly, any Licensed Materials in breach of any applicable laws or regulations to any country for which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval.
    13. Limitation of Liability 
      1. Subject to clause 11.2: 1. SciBite shall not in any circumstances have any liability for any losses or damages which may be suffered by Customer (or any person claiming under or through Customer), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including without limitation negligence) or otherwise howsoever, which fall within any of the following categories: any indirect, special or consequential losses; or loss of profits; or loss of anticipated savings; or loss of business opportunity; or loss of or goodwill; or loss of, or damage to (including corruption of), data; 2. the total aggregate liability of SciBite whether in contract, tort (including without limitation negligence) or otherwise, shall in no circumstances exceed an amount equal to the price payable by Customer to SciBite for its subscription to the Licensed Materials via the Website.
      2. Notwithstanding the provisions of clause 11.1, nothing in these Terms limits or excludes SciBite’s liability for: death or personal injury caused by the negligence of SciBite, its officers, employees, contractors or agents; or fraud or fraudulent misrepresentation; or any other liability which cannot be excluded by law. 3. The provisions of this clause 11 shall survive expiry or termination of Customer’s subscription and remain in full force and effect.
    14. General. 
      1. Severability. In the event that any provision of these Terms is found invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable according to its terms. The parties intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable.
      2. Waiver.No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
      3. No Assignment.This Agreement may not be assigned by Customer without the written consent of the SciBite.  
      4. Entire Agreement.This Agreement (together with any Service Schedules executed in accordance with clause 2.1) constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms.
      5. Force Majeure. SciBite shall not, in any circumstances, be in breach of these Terms or liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control (which shall include without limitation any failure or non-performance by a supplier). In such circumstances, SciBite shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for 60 days or more, Customer may terminate these Terms by giving 30 days’ written notice to SciBite.
      6. Third Parties. A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
      7. No Partnership. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
      8. Remedies. Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
      9. Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). However, for the exclusive benefit of SciBite, SciBite shall retain the right to bring proceedings in the courts of the country (or state) of Customer’s place of business.

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