GENERAL TERMS OF USE BRIDGE2THINK AG

BRIDGE2THINK AG hereby grants to the End-Using Company a non-exclusive, non-transferable license to use the Product specified in the Schedule subject to the following terms and conditions:

1. Licence

The Product is provided for the internal educational use of the End-Using Company only for the number of end-users specified in the Schedule for the time period specified in the Schedule. Any person who has registered as the user shall count as one end-user. In case the number of end-users is higher than specified in the Schedule, the licence fee shall be adjusted proportionally. The End-Using Company shall report any end-users above the specified number within 30 days. A user is defined as one specific individual accessing the content for the license period. Individual user access is not transferable to another individual.

2. Rights

The End-Using Company acknowledges that the copyright of the Product including the supplementary materials or updates is held by BRIDGE2THINK AG and the Original Supplier as specified in the Schedule and that the Product is protected by United States and international copyright laws. The End-Using Company only acquires a limited licence for use as specified in these General Terms of Use and the Schedule. The End-Using Company does not acquire any intellectual property including copyrights, patents or know-how. In case the use on the End-Using Company’s Intranet is licensed, the End-Using Company is authorized to install the Product on its Intranet (server) in order to allow the end-user to access the Product on its Intranet. In case the use on the Internet is licensed, the End-Using Company is authorized to grant end-users access to the Product under a specified URL-address of Bridge2thinK AG. BRIDGE2THINK AG shall make all commercially reasonable efforts to ensure the uninterrupted operation of the specified web site. However, the End-Using Company understands and accepts, that access to the site may from time to time become unavailable due to a variety of causes – planned or unplanned. Copyrights to scientific publications or technical improvements on and about the Product that are generated by the End-Using Company during the performance of the Product shall belong to BRIDGE2THINK AG.

3. Restrictions

The End-Using Company may use the licence for internal educational purposes only. Each end-user must be either an employee or a consultant of the End-Using Company. The end-user must register when first using the Product and may not pass on his password to another person. The End-Using Company must restrict access to the Product to registered end-users. The End-Using Company may not sell, lease or otherwise transfer or provide access to the Product to persons other than registered end-users. The End-Using Company may only use the trade marks and trade names listed on the Schedule within the End-Using Company only in order to promote the use of the Product by end-users.

4. Customisation

The Product includes copyrighted and other proprietary material. The End-Using Company may not change in any respect the Product except (1) modify the opening page (including the addition of the End-Using Company’s logo and the deletion of topics in their entirety) and (2) insert additional End-Using Company-specific links in the files designated for End-Using Company-specific information in each topic.

5. Copies

The End-Using Company may not copy the Product, its software or its content. Creating a back-up copy for safety purposes is not required as BRIDGE2THINK AG will send a replacement copy (transportation costs and handling fee to be borne by the End-Using Company). Any articles included in the Product are for the personal use of end-users only. An end-user may print them out at his own expenses and use them for personal educational purposes. These articles may not be printed in quantity for any other purposes. In no event shall the copyright sign be removed from the print out.

6. Warranty

BRIDGE2THINK AG warrants to the End-Using Company that it has the right to grant the licence and that to its best knowledge after careful inquiry the use thereof in accordance with this Agreement will not infringe any intellectual property of any third party or violate any legal requirement in the jurisdiction where the End-Using Company is domiciled. BRIDGE2THINK AG warrants that any data or information contained in the Product complies with any applicable legal requirement. BRIDGE2THINK AG warrants that the Product is free of viruses and any other element that might disrupt the End-Using Company’s computer systems (software or hardware) or the electronic documents and files stored in its computer equipment. BRIDGE2THINK AG further warrants that the Product corresponds to its published specifications. BRIDGE2THINK AG does not warrant that the Product is fully compatible with or works error-free on the End-Using Company’s computer systems. BRIDGE2THINK AG will use all commercially reasonable efforts to make the Product fully functional on such system. BRIDGE2THINK AG has made its best effort to ensure the accuracy, completeness and usefulness of the contents of the Product. BRIDGE2THINK AG does not warrant, that the information delivered by the Product will be completely error-free. The End-Using Company expressly acknowledges that use of the Product is at its sole risk, and understands that, except for the limited replacement warranty, BRIDGE2THINK AG expressly disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. BRIDGE2THINK AG does not warrant that the Product will meet the End-Using Company’s requirements, or that the operation of the Product will be uninterrupted or error-free. Further, BRIDGE2THINK AG does not warrant or make any representations regarding the use or the results of using the Product. The warranty shall be restricted to the duration of use as specified in the Schedule but at maximum to 12 months starting at the beginning of the licence. The End-Using Company shall notify BRIDGE2THINK AG immediately if any defect is discovered. BRIDGE2THINK AG’s entire liability and the End-Using Company’s exclusive remedy for breach of this warranty will be to replace the Product not meeting this limited warranty.

7. Responsibility

Any liability of BRIDGE2THINK AG is excluded if the Product is not fully functional due to an act committed by the End-Using Company or an end-user. In such a case the End-Using Company shall reimburse BRIDGE2THINK AG for the costs and expenses related to the examination. If such examination reveals no responsibility of any side, then such costs and expenses shall be split equally between the parties. If the Product is sent back to BRIDGE2THINK AG, the End-Using Company shall in any event bear the transportation costs. The installation costs are in any event borne by the End-Using Company. The End-Using Company may only be entitled to any damages if BRIDGE2THINKK AG acted wilfully or gross negligently, any damages for simple negligence are excluded. The End-Using Company must secure its data regularly. In case of loss of data, the damage shall be restricted to the amount if the data had been saved regularly. If the End-Using Company is unable to use the Product even after it has been replaced by BRIDGE2THINK AG, then the End-Using Company’s compensation shall be calculated as if it had not entered into a contract with BRIDGE2THINK AG thereby excluding internal costs of the End-Using Company. Under no circumstances, including negligence, shall BRIDGE2THINK AG be liable for any incidental, special or consequential damages that result from the use or inability to use the Product. In no event shall BRIDGE2THINK AG’s total liability to the End-Using Company exceed the amount actually paid by the End-Using Company for the Product.

8. Support and Services

Installing Product on the End-Using Company’s Intranet, providing desktop access to end- users, and customisation of End-Using Company-specific links are the responsibility of the End-Using Company. BRIDGE2THINK AG shall provide technical support for installation and maintenance by telephone to the System Administrator designated by the End-Using Company in the Schedule during normal business hours of BRIDGE2THINK AG. Such support shall be at no charge for the fist sixty days of the licence. BRIDGE2THINK AG may change the level of support without any notice. BRIDGE2THINK AG may also publish new versions or updates of the Product without informing the End-Using Company.

9. Personal Data

The End-Using Company agrees that BRIDGE2THINK AG may monitor the actual use of the licence for billing and internal development purposes. BRIDGE2THINK AG undertakes to separate the users identity from such data before any analysis is made and thus not to use individualized data of specific users other than informing each person entitled to use the licence about the available right to use the licence.

10. Duration

The duration of the licence is specified in the Schedule. Before the expiry of the licence the End-Using Company has the choice to either extend or terminate the licence. If the End-Using Company or any designated end-user continues to use the Product after the expiry of the licence or if the End-Using Company fails to return the material delivered in connection with the licence within 20 days after being requested to do so, the licence shall automatically extend to another year. In addition, BRIDGE2THINK AG may unilaterally terminate this Agreement if the End-Using Company fails to comply with the terms of this Agreement and such failure continues for 7 days after notice of such failure is given by BRIDGE2THINK AG to the End-Using Company. Upon termination, the End-Using Company shall destroy all saved data of or relating to the Product and remove all licensed material from its Intranet. All provisions of this Agreement as to warranties, limitation of liability, remedies or damages shall survive termination.

11. Notice

Any notices between the parties shall be sent by registered mail or pre-paid express courier service to the addresses listed in the Schedule or such other address as the addressee shall have specified in a notice actually received by the addressor.

12. No Waiver

No failure of a party to exercise a contractual right or to insist on strict compliance with this Terms of Use, and no practice at variance shall constitute a waiver of its right to demand strict compliance and shall not impair the rights with respect to any subsequent breach of this Agreement.

13. Entire Agreement

Any amendment to or modification of these Terms of Use and the Schedule including this provision shall be in writing and signed by the parties to this Agreement. This Agreement contains the entire understanding of the parties and supersedes all previous declarations regarding the subject matter hereof.

14. Compensation

Amounts due may not be compensated with or set off from amounts due by the other party except with the written consent of the other party.

15. Assignment

The rights and obligations may not be transferred or assigned without the written consent of the other party.

16. Place of Performance

Exclusive place of performance is the domicile of BRIDGE2THINK AG.

17. Applicable Law

All disputes including those concerning any statute of limitations, set-off claims, tort claims and interest claims, shall be governed by the laws of the domicile of BRIDGE2THINK AG excluding its conflict of laws rules.

18. Jurisdiction

All disputes between the parties shall be exclusively and finally resolved by the ordinary courts at the domicile of BRIDGE2THINK AG.

BRIDGE2THINK AG hereby grants to the End-Using Company a non-exclusive, non-transferable license to use the Product specified in the Schedule subject to the following terms and conditions:

The Service

The Intranet Solution/Corporate University Solution authorizes all designated employees (“Employee”) of the corporate client (“Client”) to receive the getAbstract-Service during the period of the Subscriber Agreement or during the period as specified by the schedule. The getAbstract-Service consists of the following elements:

  • a) BRIDGE2THINK AG will set up and activate an Intranet Solution/Corporate University Solution for the Client. The Intranet Solution/Corporate University Solution will be hosted and maintained on getAbstract’s servers.
  • b) Each Employee will get unlimited access to the portion of the Abstract Database in the languages as described in the Subscriber Agreement or invoice by using the provided link on the Client’s intranet (Pull Service).
  • c) Optionally each Employee will be able to subscribe to the individual weekly abstract service. Each Employee will then receive via e-mail one weekly abstract according to his/her interest profile (Push-Service). The frequency of this service can be changed upon the Employee’s request.
  • d) The Client will get access to an online usage-tracking tool upon request.

Duration of Intranet Solution/Corporate University Solution and Renewal

The term of the Intranet Solution/Corporate University Solution is fixed in the schedule. Renewal is automatic for a subsequent term of the same length if written cancellation has not been received by BRIDGE2THINK AG at least 6 (six) months prior to the end of each term.

Copyright and Limitations of Use

The content available through the getAbstract-Service, including the abstracts and the associated metadata, is the property of getAbstract or its licensors and its subsidiaries and is protected by national and international copyright and other intellectual property laws. All rights reserved. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through BRIDGE2THINK AG to anyone, including but not limited to others in the same company or organization, without the express prior written consent of BRIDGE2THINK AG. The abstracts may only be used and stored by the Subscribers or by designated Employees. No abstract or any part thereof may be reproduced, sold, rented, published, licensed or transmitted in any form or by any means, electronic, photocopying, or otherwise, without prior written permission of BRIDGE2THINK AG.

In all cases, BRIDGE2THINK AG sells a personal, non-transferable license to either Subscribers or designated Employees. These licenses are strictly non-transferable. Only one individual may access the getAbstract database at the same time using the same user name or password, unless agreed otherwise by getAbstract. Sub-licensing of the getAbstract content or parts thereof is prohibited. getAbstract reserves the right to delete abstracts from and add abstracts to its database without notice.

General Terms of Use BRIDGE2THINK AG - getAbstract Service

Disclaimer and Warranties and Liability

Due to the number of sources from which content in getAbstract is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. GETABSTRACT AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH GETABSTRACT. NEITHER GETABSTRACT NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY FROM USE OF THE GETABSTRACT CONTENT. IN NO EVENT WILL GETABSTRACT, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. GETABSTRACT AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You are responsible for all statements made and acts or omissions that occur while your password is being used.

Support and Services

Installing Product on the End-Using Company’s Intranet, providing desktop access to end users, and customisation of End-Using Company-specific links are the responsibility of the End-Using Company. BRIDGE2THINK AG shall provide technical support for installation and maintenance by telephone to the System Administrator designated by the End-Using Company in the Schedule during normal business hours of BRIDGE2THINK AG. Such support shall be at no charge for the fist sixty days of the licence. BRIDGE2THINK AG may change the level of support without any notice. BRIDGE2THINK AG may also publish new versions or updates of the Product without informing the End-Using Company.

Personal Data

The End-Using Company agrees that BRIDGE2THINK AG may monitor the actual use of the licence for billing and internal development purposes. BRIDGE2THINK AG undertakes to separate the users identity from such data before any analysis is made and thus not to use individualized data of specific users other than informing each person entitled to use the licence about the available right to use the licence.

Notice

Any notices between the parties shall be sent by registered mail or pre-paid express courier service to the addresses listed in the Schedule or such other address as the addressee shall have specified in a notice actually received by the addressor.

No Waiver

No failure of a party to exercise a contractual right or to insist on strict compliance with this Terms of Use, and no practice at variance shall constitute a waiver of its right to demand strict compliance and shall not impair the rights with respect to any subsequent breach of this Agreement.

Final Terms

This Agreement is personal to you, and you may not assign your rights or obligations to anyone. No waiver, alteration, modification of any of the provisions hereof shall be binding unless in writing and signed by duly authorized representatives of the parties. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.


By completing the registration process or by using the getAbstract service, you are indicating that you agree to be bound by all of the terms in this Subscriber Agreement. You may print and keep a copy of this Agreement. getAbstract may change the terms in this Subscriber Agreement without notice. The new terms will go into effect four (4) weeks after being posted on the getAbstract site. For subscribers of any getAbstract product, the initial terms of the Subscriber Agreement will serve until the end of the first duration of their subscription. If you do not agree to be bound by the changes, you should not use getAbstract again and you should cancel your subscription, your getAbstract Bundle Subscription, KnowledgePass, Corporate Subscription or Intranet Solution.

Compensation

Amounts due may not be compensated with or set off from amounts due by the other party except with the written consent of the other party.

Assignment

The rights and obligations may not be transferred or assigned without the written consent of the other party.

Place of Performance

Exclusive place of performance is the domicile of BRIDGE2THINK AG.

Applicable Law

All disputes including those concerning any statute of limitations, set-off claims, tort claims and interest claims, shall be governed by the laws of the domicile of BRIDGE2THINK AG excluding its conflict of laws rules.

Jurisdiction

All disputes between the parties shall be exclusively and finally resolved by the ordinary courts at the domicile of BRIDGE2THINK AG.