LIMITED DATA LICENCE FOR Chemical Patent Data in CLEF ChEMU Shared Task 2022

These terms and conditions govern the use of chemical patent information provided by Elsevier in the ChEMU shared task at CLEF 2022. By accessing, downloading or otherwise using any of the annotation datasets on chemical patent reactions made available to you by Elsevier (the “Data”), you expressly acknowledge and agree, on behalf of the institution at which you conduct research, to the following terms.

  1. Definitions. In these terms:

    “Agreement” means the legally binding agreement, comprising these terms and conditions, which is created between you and Elsevier by your accessing, downloading, or otherwise using the Data;

    “CLEF 2022 ChEMU shared task” means the shared task hosted at https://chemu2022.eng.unimleb.edu.au;

    “Effective Date” means the date on which you enter into this Agreement with Elsevier;

    “Elsevier” means Elsevier Information Systems GmbH;

    “you” means, jointly and severally, the principal researcher and the research team, and the institution or company at which the principal researcher conducts research;

  2. Limited licence. Subject to your compliance with the terms of this Agreement, during the term of this Agreement or such longer period as may be permitted by clause 5, Elsevier grants to you a personal, non-transferable, non-exclusive, royalty-free, worldwide licence to use the Data solely for the sole purposes of conducting academic research and publishing the results of such research for academic purposes.
  3. Ownership. As between the parties, Elsevier shall own all right, title and interest in and to the Data. You will not obtain or accrue any right, title or interest in or to any the Data except those limited, non-exclusive rights expressly granted under this Agreement. Any rights not specifically granted to you shall be retained by Elsevier.
  4. Restrictions. You shall have no right to and shall not (nor shall you allow any third party to) do any of the following: (i) sell, license, transfer or distribute the Data to any third party; (iv) permit third parties to access the Data other than as permitted under this Agreement; (iii) contest the validity of Elsevier’s Data and/or intellectual property and shall not attempt to modify, reverse engineer or decompile any algorithms, techniques, processes, methods, know-how or other related technology supplied by Elsevier; or (iv) use the Data for purposes other than those specified in clause 2. Without prejudice to the generality of the foregoing, you shall not make use of the Data, or any model or algorithm created from the Data, for any commercial purpose whatsoever without obtaining Elsevier’s prior, written consent (to be given, withheld or made subject to conditions by Elsevier in its absolute discretion) and you shall not permit any other person to do so.
  5. Conditions of use. By downloading the Data, you must cite Elsevier as the source of the Data whenever you publish research conducting using the Data, whether or not that research is conducted as part of the ChEMU shared task at CLEF 2022. Within 14 days of the termination date specified in Clause 8.a, you must delete the Data (and all copies of the Data) from you information networks and systems. Such deletion must be sufficient to prevent any reconstitution of the Data. Notwithstanding the foregoing, you may retain a copy of the Data for up to 2 years from the Effective Date if you have used or wish to use the Data for academic research and need continued access to the Data in order to complete or publish that research.
  6. Warranty. Each party represents and warrants to the other that: (i) it has the power and authority to enter into and perform this Agreement; and (ii) the execution, delivery and performance of this Agreement will not violate any applicable law, rule or regulation by which it is bound.
  7. Limitation of Liability. THE DATA IS PROVIDED “AS IS” AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, ELSEVIER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT OR ACCURACY. BY ENTERING THIS AGREEMENT, YOU TO RELEASE AND HOLD HARMLESS ELSEVIER AND ITS PARENT, SUBSIDIARY, AND AFFILIATED COMPANIES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, VENDORS, AND AGENCIES, FROM ANY AND ALL LIABILITY WHATSOEVER, AND WAIVE ANY AND ALL CAUSES OF ACTION, RELATED TO ANY CLAIMS, COSTS, INJURIES, LOSSES, LIABILITIES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, WHETHER INTENTIONAL OR UNINTENTIONAL) ARISING OUT OF OR IN CONNECTION WITH THE USAGE OF THE DATA, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY, CONTRIBUTION, OR ANY OTHER THEORY, TO THE EXTENT PERMITTED BY LAW.
  8. Term and termination.
    1. Term. The term of this Agreement shall commence as of the Effective Date, and shall terminate on 25 September 2022.
    2. Termination for Cause. If you breach a material term of this Agreement, and such breach is either incapable of remedy or is not remedied within 14 days’ written notice to do so, Elsevier shall be entitled to immediately terminate this Agreement by notice in writing.
    3. Effect of Termination. Upon termination of this Agreement, you agree to immediately return or destroy, except to the extent infeasible, all of the Data. Destruction shall include destruction of all copies including backup tapes and other electronic backup medium. In the event the return or destruction of some or all such Data is infeasible, the Data not returned or destroyed pursuant to this paragraph shall be used or disclosed only for those purposes that make return or destruction infeasible.
  9. General.
    1. Severability. The invalidity or unenforceability of any provision of this Agreement will not affect any other provisions of this Agreement.
    2. Entire agreement. This Agreement contains the entire understanding and agreement of the parties and replaces and supersedes any and all prior and contemporaneous agreements, communications, proposals and purchase orders, written or oral, between the parties with respect to the subject matter contained herein.
    3. Variation. No modification, amendment or waiver of any provision of this Agreement will be valid unless in writing and signed by the parties.
    4. Assignment. You may not assign, transfer or licence any of your rights or obligations under this Agreement without Elsevier’s prior, written consent.
    5. Governing law. The construction, validity, interpretation and enforceability of this Agreement shall be governed by and construed in accordance with the laws of Germany, without giving effect to its conflicts of law principles. Both parties hereby irrevocably submit to the jurisdiction of the courts of Germany in connection with this Agreement.

For questions about the shared tasks, please email: chemu.lab@gmail.com