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General Terms & Conditions

Cippix Database, Origenis GmbH

I. Definitions

Capitalized terms used in the Agreement shall have the following meaning:

Agreement” means the agreement between Origenis and Customer consisting of the Order as well as the General Terms.
Customer” means the contractual partner of Origenis under the Agreement.
Database” means the Cippix Database as further described in Sec. III of the General Terms. 
General Terms” means these General Terms and Conditions Cippix Database.
Information” means any information or research results obtained from the Database. 
Order” means the online order form on https://www.cippix.com specifying the parameters (e.g. term, fee, amount of licenses) for the use of the Services as completed by Customer and submitted to Origenis and accepted by Customer. 
Origenis“ means origenis GmbH, Am Klopferspitz 19a, 82152 Martinsried, Germany. 
Registration Data” means the Customer individual information (e.g. user name, password, internetlink) required to access and use the Services.
Service” means the Database and the Software.
Software” means the Cippix Navigator software and the Cippix View software provided for online use to access the Database as described in Sec. III (3) of the General Terms.

II. Applicability of the General Terms. The General Terms apply to agreements on the use of the Services by Customer.

 

III. Description of the Services

(1) Database. Origenis provides online access to the Database over the Website https://run.cippix.com. The Database comprises patent fulltext, corresponding bibliographic data, and data abstracted from the patent fulltext of patents in the field of pharmaceuticals and chemistry as properly specified by IPC codes C, A61K and A01N, i.e., named chemical entities and chemical structures derived from the named chemical entities. The data is abstracted from US, WO, EP, DE, and CA patents and patent applications published electronically in and after 1970, all as published by the respective patent office(s). Origenis collects these data from various external sources and feeds them into the Database. Information contained in the Database or any search conducted through the Database may not be accurate, correct and/or complete. The Database does not consist of a specific amount of Information.

(2) Updates. Origenis endeavours to update the Database regularly. Updates incorporate relevant new and changed fulltext documents, bibliographic data, and the abstracted data, i.e., named chemical entities and chemical structures derived from the named chemical entities. The named chemical entities are abstracted by Origenis electronically through the use of software. This abstraction, therefore, may not be accurate, correct and/or complete.

(3) Software. The Database can be searched by Customers online with the Cippix Navigator software. Fulltext documents and bibliography can be viewed by Customers online and are annotated with named chemical entities and chemical structures derived from the named chemical entities with the Cippix CCR View software.

(4) Availability. Origenis provides an average availability of the Services of 97 % per month. This availability is calculated on the length of the respective month, excluding times used for maintenance work. Maintenance work may be performed by Origenis not longer than for 6 hours per month. During maintenance works the Services are not available. Unless an emergency case requires immediate maintenance, maintenance work will be announced on www.cippix.com at least 48 hours in advance. Origenis will endeavour to perform maintenance work at off-peak hours.

 

IV. Order, Conclusion of the Agreement and Registration Data.

(1)  Order. Customer starts registration for the use of the Services over the Website  https://www.cippix.com by completing the Order and submitting the Order to Origenis. Origenis will confirm receipt of the Order by email to Customer’s email address indicated in the Order and provide a confirmation link to be activated by Customer.

(2)  Conclusion of the Agreement. The Agreement is concluded upon activation of the confirmation link provided in Origenis’ confirmation email by Customer. If the link is not activated within fourteen (14) days after receipt of the confirmation email, the Order will be rejected and Customer has to submit a new Order to use the Services.

(3)  Registration Data. Upon conclusion of the Agreement and full payment of the license fees, Customer obtains from Origenis the Registration Data and may log in to use the Services.

 

V. License

(1) Grant of License. Subject to the Agreement, Origenis grants to Customer a non-exclusive, non-sub-licensable and non-transferable license to use the Database and the Software online through a web-browser for Customer’s own internal purposes during the term specified in the Agreement. Origenis does not grant any rights in the patents themselves that are described in the Information.

(2) Scope of License. Where Origenis has granted to Customer a single user license, the Services may only be accessed and used by one (1) user of Customer at the same time. Where Origenis has granted to Customer a multiple user license the Services may be accessed and used at the same time by the number of users of Customer as agreed in the Agreement.

(3) Use of Database. Customer may use the Database online to the extent necessary to retrieve Information from the Database as stipulated under the Agreement, i.e. by researching the Database, viewing and downloading Information. Customer must not sell, distribute, lease, transfer or otherwise provide to third persons the search results from the Database or other parts of the Database, electronically or in hard copy form, or any copies thereof for commercial purposes.

(4)  Use of Software. Customer may use the Software online for access to and use of the Database. This includes copying the Software as necessary to use the Software online. Customer will not decompile, disasse mble or reverse engineer the Software, except as and to the extent expressly authorized under Sec. 69 d (2) and (3) as well as 69 e of the German Copyright Act (Urhebergesetz).

 

VI. Obligations of Customer when Using the Services

(1) Access of Third Parties. Customer must not grant access to the Services to third parties without Origenis’ prior written consent. Customer must keep its Registration Data confidential and in a safe place to avoid unauthorized access to the Services.

(2) No Automated Searches. Customer must not search the Database by using robots or other automated search tools.

(3) Accurate Information. All Customer information entered by the Customer in the Order must be accurate, true and current. Customer will inform Origenis immediately in case such Customer information changes. Registration is not possible and Origenis will reject the Order if Customer information that is marked as mandatory in the Order is not provided. 

 

VII. Technical Details and Technical Requirements.

(1) Description. The Services can be accessed by means of a current version of a commonly used internet browser. Information is provided in a data format that is supported by the http Internet Protocol. The online access is subject to the technical conditions of the network used by Customer and by Origenis.

(2) Customer Responsibility. Customer is responsible for implementing and maintaining the hard- and software requirements as well as the network connection necessary to access and use the Services. This includes any security features necessary to protect the Customer’s information when registering and/or using the Services.

(3) Change of Technical Requirements; Termination. Origenis reserves the right to change the technical requirements necessary to access and use the Services where reasonably required. In case an implementation of changed technical requirements for the use of the Services by Origenis is unreasonable for the Customer, Customer may terminate the Agreement with immediate effect by giving written notice to Origenis against reimbursement of the fees paid for the remainder of the fixed term.

 

VIII. Intellectual Property Rights in Information. The Information as such (as opposed to the protected patents that are described in the Information) may be protected by copyright and other intellectual property rights. Origenis has the rights to use these copyrights and other intellectual property rights to provide the Information in the Database for searching the Database as set out in the Agreement. Customer is obliged to comply with any such copyright and/or other intellectual property rights in the Information.

 

IX. Fees and Payment. Customer shall pay to Origenis the license fees set out in the Order and agreed by the parties. Unless otherwise agreed license fees are payable upon conclusion of the Agreement and will be charged to the Customer’s credit card or by direct debit (Lastschriftverfahren) to the Customer’s bank account.  In case the Agreement has a term that is longer than one (1) year, the parties will individually agree on the payment terms.

 

X. Liability

(1) Limitation of Liability. Subject to the provisions in Sec. X (2) of the General Terms liability of Origenis for damages shall be limited as follows:

(i) Origenis shall only be liable up to the amount of the typically foreseeable damages at the time of entering into the Agreement for damages caused by a slightly negligent breach of a material contractual obligation;

(ii) Origenis shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation or for tort-law claims resulting from slightly negligent acts.

(2) Unlimited Liability. The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.

(3) Obligation to Mitigate Damages. Customer shall take all reasonable measures to prevent and mitigate damages.

 

XI. Sanctions by Origenis

(1) Blocking of Access. If Origenis has founded and reasonable indications that Customer is in violation of the obligations of Customer under Section VI above, Origenis may block the Customer’s access to the Services temporarily or until the end of the term of the Agreement. The exact length and scope of such measure will be determined by Origenis in the individual case and on the basis of the individual circumstances, including the severity of the alleged violation.

(2) Other Rights. Origenis retains any other rights Origenis might have under the Agreement and/or under statutory law in case of a violation or indications thereof as described under Sec. XI (1) of the General Terms.

 

XII. Term and Termination 

(1) Term. The Agreement has a fixed term. The term starts immediately upon conclusion of the Agreement. It ends automatically and without requirement of a notice at 24:00h (UTC) on the last day of the Agreement as provided in the Order.

(2) Termination. The right of either party to terminate the Agreement for good cause and the Customer’s right to terminate under Sec. VII (3) of the General Terms remain unaffected.

(3) Consequences of Termination. Upon termination of the Agreement, the Registration Data will be devalidated.

(4) Notice of Termination. Any notice of termination must be in writing.

 

XIII. Miscellaneous

(1) Changes. Origenis reserves the right, at any time and after notifying Customer in writing two weeks in advance, to modify the Agreement. Such modification shall apply to the Agreement after expiry of the two (2) weeks notice period unless Customer has terminated the Agreement or contradicted the modification. 

(2) Severability. Should any provision contained in the Agreement be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced with a legally valid and enforceable provision, which corresponds the closest to the legal and economic aims of both parties.

(3) Entrepreneur. The Customer hereby declares and confirms that Customer is acting in exercise of his/her or its trade, business or self-employed profession (entrepreneur) when entering into the Agreement.

(4) Headings.  The section headings in the General Terms are intended for convenience of reference and will not affect its interpretation.

(5) Entire Agreement; Written Form. The Agreement constitutes the whole contractual agreement between Origenis and Customer. Any changes to the Agreement must be made in writing (signed documents, fax or email). This also applies to this writing requirement. All notices or approvals required or permitted under this Agreement must be given in writing (signed documents, fax or email).

(6) Governing Law; Venue. The Agreement shall be governed and construed in accordance with the laws of Germany under the exclusion of the UN Convention on the International Sale of Goods. Any disputes arising out of or in connection with the Agreement shall fall under the exclusive jurisdiction of the courts of Munich.


Origenis GmbH General Terms and Conditions Cippix Database, October 2009