Terms and Conditions

SCAIView and BELIEF Terms of Use (Version 1.1 as of June 2015)

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING ANY SERVICES PROVIDED ON THE SCAIVIEW WEBSITE.

These Terms of Use are a legally binding Agreement between you (hereinafter: User) and Fraunhofer-Gesellschaft zur Foerderung der angewandten Forschung e.V., Hansastraße 27, 80686 Munich, Germany as legal (hereinafter: Fraunhofer) entity for its Fraunhofer Institute for Algorithms and Scientific Computing SCAI, Schloss Birlinghoven, 53754 Sankt Augustin, Germany (hereinafter: Fraunhofer SCAI).

Use of the SCAIView website, located at www.scaiview.com, (hereinafter: Website), of any Fraunhofer SCAI owned contents therein (“Website Contents”) or of any services provided on, from or through it, including in particular the use of the SCAIVIew search engine and the BELIEF workflow, (hereinafter: "Services") provided by Fraunhofer SCAI on, from or through the Website to a User are subject to the following Terms and Conditions.

By using the Website, its Services, or Website Contents, User declares to have read and understood and will comply with the following terms and conditions at all times during its use.

User Rights and Duties, Restrictions on use


  1. Non-commercial Purposes: Use of the Website, Website Contents and Services as whole or in parts is only granted non-exclusively and for non-commercial purposes. Non-commercial purposes in the sense of this agreement shall mean internal research and academic purposes, and exclude, without limitation, any use, as part of, or in any way in connection with, a product or service which is sold, offered for sale, licensed, leased, loaned, or rented.
    User agrees not to access or use the Website, Website Contents or Services for any other purpose than personal and non-commercial use solely as permitted by the normal functionality of the Website or Services offered thereon.

  2. Third Party Content: The Services include the SCAIView search engine which uses third party content, such as the United States National Library of Medicine (NLM) Database for search and text mining purposes. It is the sole responsibility of the User to ensure that it has obtained any relevant third party permissions for its intended use of any such third party content.

  3. User may:
    a)  access the Website in order to use the Services to search, retrieve, display, download, and otherwise use Content in compliance with these terms and conditions;
    b)  electronically save and print out retrieved information of the Website Content;
    c)  display, download, print any part or parts of the resource for the purpose of promotion of the Website Content;
    d)  publicly perform the Website Content as part of an academic presentation at a seminar, conference, workshop, or other such similar professional and non-commercial activity.

  4. User may not and may not authorize any third party to:
    a)  copy, reproduce, distribute or otherwise exploit any Website Content for any other purpose than non-commercial purposes without the prior written consent of Fraunhofer SCAI the respective owners, or licensors of the Website Content;
    b)  sell, resell, or otherwise distribute or make available any part or parts of the Website, Website Content or Services in any manner or in any medium to any third party unless explicitly allowed under these terms and conditions;
    c)  circumvent, disable or otherwise interfere with any security related features of the Website, Website Content, Service or features that (i) prevent or restrict use of or copying of the Content or (ii) enforce limitations on the use of the Website, Service, or the Website Content accessible via the Service;
    d)  remove, obscure or modify copyright notices, text acknowledging, or other means of identification or disclaimers as they may appear without prior written permission of Fraunhofer SCAI or, where third party content is concerned without such permission;
    e)  use Website Content in published books, in CD ROMs or in any other electronic format that is to be marketed and published for which revenue is received as a result;
    f)  affect or compromise the functionalities of the Website or Service;
    g)  alter or modify any part of the Website, Website Content or any Service;
    h)  upload third party’s content without its explicit permission;
    i)  upload content which is not free from licensing restrictions;
    i)  User agrees not to collect or harvest any personal data of any user of the Website or any Service.

  5. User acknowledges that all copyrights, patent rights, trademarks, database rights, trade secrets and other intellectual property rights relating to the Website, Services or Website Content which is not third party content, are the property of Fraunhofer SCAI and that this agreement does not assign or transfer any right, title or interest therein to User except for the right to use the Website Content in accordance with the terms and conditions of this agreement.

Fraunhofer SCAI Rights and Duties


  1. Fraunhofer SCAI provides access to the Website, Website Content and Services to User in compliance with these Terms and Conditions. This granting of access cannot be construed to stipulate a right of the User to claim access to any Services. Fraunhofer SCAI reserves the right to discontinue the Website and/or stop providing the Services, or any features within it at its sole discretion and without prior notice.

  2. Fraunhofer SCAI reserves the right to modify or supplement these Terms and Conditions at any time. Accordingly, User shall check the Website from time to time as each User will be bound by any such revisions.

  3. In the event that Fraunhofer SCAI becomes aware of a violation of these Terms and Conditions by User and where such violation consists in or results in a breach of criminal law, Fraunhofer SCAI reserves the right to inform the competent authorities hereof.

Warranty, Liability, Indemnification


  1. Services and Website Content are provided "as is". Fraunhofer makes no representation or warranty (express, implied, oral or written) including, but not limited to, any and all implied warranties of title, quality, performance, merchantability or fitness for a particular purpose.

  2. Fraunhofer does not warrant or make any representation that the functions contained in the Services or Website will be accurate, reliable, suitable for certain purpose, uninterrupted or error-free, that defects will be corrected, or that the Website, the Service, or the servers that make the Website Content available, are free of viruses or other harmful components.

  3. User agrees that it is solely responsible for any breach of its obligations under the General Terms of Use and for the consequences resulting thereof.

  4. Fraunhofer, its legal representatives and employees expressly disclaim any liability beyond willful intent and gross negligence with respect to the Website, Service and Website Content or any part thereof, including, but not limited to, errors or omissions contained therein, libel, defamation, infringements of rights of publicity, privacy, trademark rights, infringements of any other third party intellectual property rights, moral rights, or the disclosure of confidential information. Expect in cases of willful intent and gross negligence, Fraunhofer, its legal representatives and employees shall not be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use Website, Services, or Website Content even if Fraunhofer SCAI has been advised of the possibility of such damages.

  5. Fraunhofer accepts no liability for any loss suffered or incurred by the User or any third party as a result of their reliance on the Website, Services or Website Contents. User acknowledges that use of or reliance on the Website, Services or Website Contents is at User's sole risk.

  6. It is the sole responsibility of the User to ensure that it has obtained any relevant third party permissions for its intended forms of use of third party content. User shall be responsible for any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by User in defending against any third party claim of intellectual property rights infringements or threats of claims thereof with respect of the use of third party content.

  7. The above limitations of liability do not affect Fraunhofer’s, its legal representatives’ and employees’ liability for personal injuries, death of a person, willful intent, or gross negligence.

  8. User agrees to indemnify, defend and hold Fraunhofer SCAI harmless from and against any and all claims, losses, liability, costs and expenses (including attorneys’ fees) incurred by Fraunhofer SCAI in connection with or arising out of User's breach of these Terms of Use.

Termination


  1. Fraunhofer SCAI shall have the right to terminate this agreement forthwith if User has materially breached any of its obligations under this agreement or if Fraunhofer SCAI is required to do so by law.

Miscellaneous


  1. If any of the provisions of this agreement should be held as invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions formulated in such a way that the intended purpose will largely be achieved.

  2. The agreement and any additions or amendments shall be in writing; additions and amendments must be marked as such. Any waiver of these formal requirements shall be in writing.

  3. This License shall be governed and construed in accordance with the laws of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.