Trial Product Trial Terms and Conditions

IF YOU, THE END USER ("YOU" OR " YOUR") AGREE TO PARTAKE IN THE TRIAL OF THE PRODUCT (THE " TRIAL PRODUCT") DESCRIBED IN THE INVITATION (YOUR "INVITATION") SENT TO YOU BY THE THOMSON SCIENTIFIC ENTITY REFERRED TO IN YOUR INVITATION ("THOMSON SCIENTIFIC" OR "WE" OR "OUR") YOUR USE OF THE TRIAL PRODUCT IS SUBJECT TO THESE TERMS AND CONDITIONS. WE SHALL TREAT SUCH USE AS CONSTITUTING YOUR AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS.

Ownership

The Trial Product and, where applicable, the materials, data and content included in Trial Product ("Content") are proprietary and the copyright of Thomson Scientific, Inc. ("Thomson Scientific", "We" or "Our") and its third party suppliers. Other than the limited rights granted under these Trial Terms and Conditions, You are not granted any rights, licences or title in and to Trial Product or, where applicable, the Content.

Trial Licence

From the date on which you first register to trial the Trial Product, Thomson Scientific grants You a limited, personal, non-exclusive, non-transferable revocable right to use the login details We supply to You to access Trial Product for evaluation purposes only. If applicable, while You may view and download Content from Trial Product, You may not print or store Content other than for the purposes of evaluation. You shall not distribute any Content, whether in whole or in part.

Restrictions on Use

If You have not been issued a user name and/or password by Thomson Scientific, You should not use Trial Product or, where applicable, any Content. Except as described in these Trial Terms and Conditions, You may not use, copy, adapt, translate, modify, sell, distribute or otherwise create derivative databases, services or works of or based on Trial Product or any Content. You may not reverse engineer, decompile or disassemble any of the software or technology contained in Trial Product, except to the extent expressly permitted by law, where such rights cannot be modified by agreement.

You undertake that You will not create a denial of service, hack into, make unauthorised modifications of or otherwise impede the Trial Product service, whether by the use of malware or otherwise, intercept the communications of others using the Trial Product service or falsify the origin of Your communications or attempt to do any of the foregoing.

Your undertake that You will not use the Trial Product service for any illegal or injurious purpose or to publish, post, distribute, receive or disseminate defamatory, infringing, obscene, or other unlawful material or to threaten, harass, stalk, spam, abuse, or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others

Trial Product and any accompanying documentation are subject to the applicable export control laws and regulations of the USA . You agree not to export or re-export Trial Product or any of the materials contained in Trial Product, directly or indirectly, to any countries that are subject to the export control restrictions of the USA .

Unlawful conduct may result in civil or criminal liability. Thomson Scientific will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

Login Details

Where we provide you with a username and password to access the Trial Product, these login details are confidential to Thomson Scientific and should not be disclosed to any third party (including other employees or contractors working for Your employer). You should not allow any such third parties to access Trial Product, whether on Your behalf or otherwise.

Disclaimer and limitation of liability

Your trial of Trial Product is provided without charge. Accordingly, We make no warranties, representations or gives any undertakings, whether express, implied or statutory, including without limitation, as to merchantability, non-infringement or fitness for a particular purpose in relation to Trial Product or the Content.

YOUR TRIAL OF TRIAL PRODUCT IS PROVIDED WITHOUT CHARGE. ACCORDINGLY, WE MAKE NO WARRANTIES, REPRESENTATIONS OR GIVES ANY UNDERTAKINGS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, AS TO MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO TRIAL PRODUCT OR THE CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES OR THIRD PARTY SUPPLIERS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, EVEN IF WE OR OUR AFFILIATES OR THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF THOMSON SCIENTIFIC OR ITS AFFILIATES OR THIRD PARTY SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE PROVISION OF TRIAL PRODUCT DURING THE TRIAL SHALL BE LIMITED TO THE FEE PAID BY YOU FOR THE LICENSE GRANTED HEREUNDER, WHICH IS ZERO DOLLARS (USD0).

Trial Period and Termination

The agreement between You and Thomson Scientific for the purposes of the trial shall commence on the date that You register for the trial and shall continue for length of the trial period notified to You by Thomson Scientific in Your Invitation, or if no such period is notified, thirty (30) days (the "Trial Period"). We may notify You from time to time that We would like to extend Your trial, in which case the Trial Period shall be extended by the length of the extension period. You can terminate Your participation in the trial at any time by notifying Us in writing, including by email. We shall be entitled to withdraw the offer of this trial at anytime before the date on which You register for the trial or withdraw Your access rights to use Trial Product at any time: upon five (5) business days' notice; or immediately, if You are in breach of these Trial Terms and Conditions.

Upon completion of the Trial Period (including any extension of the Trial Period) or on termination of the agreement between You and Thomson Scientific, You shall immediately cease access to Trial Product and erase or otherwise destroy all copies of any Content You have printed from Trial Product. You understand and agree that all data that You store in Trial Product during the course of the trial will not be migrated to any subsequent Trial Product account that You subscribe for after the Trial Period.

General

These Trial Terms and Conditions represent the entire agreement between You and Thomson Scientific for the provision of trial access to Trial Product. All other statements, representations, warranties or undertakings are hereby excluded except in relation to statements made fraudulently. These Trial Terms and Conditions shall be governed by the laws of the State of the Commonwealth Pennsylvania, USA and You agree to submit to the exclusive jurisdiction of the federal and start courts of the State of the Commonwealth of Pennsylvania, USA in relation to any claim or dispute which may arise out of or in connection with Your trial use of Trial Product.

Processing of Your Personally Identifiable Information

When You register for Your trial of the Trial Product You will be asked to provide certain personally identifiable information about Yourself. While You use the Trial Product, You may also be asked to submit additional personally identifiable information about Yourself. Thomson Scientific (or its affiliates companies) may gather other information concerning Your use of the Trial Product, which will be linked to You and Your trial account. You acknowledge that Your use of the Trial Product may also be monitored to ensure compliance with these Terms of Use and to ensure the security and availability of the Trial Product.

Thomson Scientific may use your IP address to help diagnose problems with its servers. Your IP address may also be used to gather broad demographic information about Thomson Scientific's user population, so we can make Our services more effective. We may also recognize Your IP address as an aid to presenting appropriate welcome messages and to authenticate Your access to the Trial Product.

We are committed to working with You to resolve, quickly and fairly any complaints You may have about Our processing of Your personally identifiable information. For further information about Thomson Scientific's privacy policies, please refer to Our Privacy Policy. If You have any questions or comments, please contact Our Data Privacy Team.