THOMSON INNOVATION TERMS OF USE

1.         THOMSON INNOVATION OWNERSHIP

1.1.    Thomson Innovation contains proprietary technology and copyright material owned by Thomson Scientific, Inc., a Thomson Scientific business (“Thomson Scientific” or “We” or “Our”) and/or its third party licensors. All use of Thomson Innovation and the materials accessible in Thomson Innovation is restricted and subject to Thomson Scientific’s prior written consent.

1.2.    'Thomson', the Thomson starburst logo, and 'Thomson Innovation', are trade or service marks of The Thomson Corporation or its affiliated companies. All other product and service names cited are trademarks of their respective companies.

2.         YOUR RIGHTS OF USE

2.1.    If you, the end user (“You” or “Your”) have been issued with a subscription key by Thomson Scientific or Your Administrator, You will generally be entitled to:

2.1.1.  access, download and print reasonable amounts of the materials on Thomson Innovation (“Thomson Innovation Content”) reasonably required for Your own work use and for Your employer’s internal business purposes;

2.1.2.  distribute copies of the Thomson Innovation Content to other individuals who you know are Thomson Innovation users within your organization;

2.1.3.  include insubstantial portions of Thomson Innovation Content as incidental samples or for illustrative or demonstration purposes, including in reports prepared for internal business purposes and provided that you include the following acknowledgement:  “This material is produced under license from Thomson Scientific. You may not copy or redistribute this material in whole or in part without the prior written consent of Thomson Scientific.”

2.2.    If You would like to understand more about all of the rights that You or Your employer have to use Thomson Innovation or any of the Thomson Innovation Content, You should refer to the license agreement between You or Your employer and Thomson Scientific or one of its authorized resellers (Your “License Agreement” or You should contact Thomson Scientific or Your Administrator.)

3.         RESTRICTIONS ON USE

3.1.    If You have not been issued with a subscription key by Thomson Scientific or Your Administrator You should not use Thomson Innovation or any of the Thomson Innovation Content.

3.2.    Except as described in these Terms of Use or as otherwise permitted in Your License Agreement, You may not use, copy, adapt, translate, modify, sell, distribute or otherwise create derivative databases, services or works of or based on Thomson Innovation or the Thomson Innovation Content including, without limitation, any index if that index will be used as a tradable instrument in the nature of a security.

3.3.    You may only reverse engineer, decompile or disassemble any of the software or technology contained in Thomson Innovation or the Thomson Innovation Content to the extent expressly permitted by law, where such rights cannot be modified by agreement.

3.4.    Unless you know that your employer has purchased an archive license to store the Thomson Innovation Content, you may not store Thomson Innovation Content that you print or download for longer than Three (3) months.

3.5.    Thomson Innovation 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 Thomson Innovation or any of the materials contained in Thomson Innovation, directly or indirectly, to any countries that are subject to the export control restrictions of the USA.

4.         LOGIN DETAILS

4.1.    Your username and password are confidential to Thomson Scientific and should not be disclosed to any third party (including other employees or contractors working for Your employer) or allow any such third parties to access Thomson Innovation, whether on Your behalf or otherwise.

5.         UNLAWFUL CONDUCT

5.1.    Use of Thomson Innovation or other Thomson Scientific services for any purpose that is unlawful, or in any manner that could exceed Your authorized access or otherwise damage, disable, overburden or impair the operation of Thomson Innovation or other Thomson Scientific services, or any other person’s use or enjoyment of Thomson Innovation or those other services, is strictly prohibited. Such prohibited actions include but are not limited to, violating or attempting to violate security measures, accessing data that is not intended for Your use or logging into a server or account which You are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or taking any action in order to obtain services to which You are not entitled.

5.2.    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.

6.         PROCESSING OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

What Information We Collect using Thomson Innovation

6.1.    When you first register to use Thomson Innovation You will be asked to provide certain personally identifiable information about Yourself. You may also be asked to submit additional personally identifiable information in the course of using Thomson Innovation. Thomson Scientific (or its affiliates companies) may gather other information concerning Your use of Thomson Innovation, which will be linked to You and your Thomson Innovation account.

6.2.    Thomson Scientific monitors and records e-mails and telephone calls to its customer service center. We do this to make sure the problems and issues You bring to Our attention are resolved promptly and correctly and for training purposes. We may also monitor Your use of Thomson Innovation to ensure compliance with these Terms of Use and to ensure the security and availability of Thomson Innovation.

6.3.    In Thomson Innovation You may be presented with options to track Your activities on Thomson Innovation. At Your request, Thomson Scientific will collect detailed information on these activities for the purpose of providing You with reports regarding these activities, including their time and duration.

6.4.    Thomson Scientific has developed Thomson Innovation to provide anonymity for all searches. The search function is conducted on separate back office "search servers.” These search servers never directly communicate with the user's web browser, and neither the IP address nor any other user information is passed to them. Thomson Scientific does not "mine" the search strings submitted by users in Thomson Innovation for any reason.

What We Do With the Information We Collect

6.5.    Thomson Scientific will use Your information for the purposes of providing Thomson Innovation to You including, without limitation, for account administration, order tracking and billing purposes.  We may also use Your personal information to communicate with You about changes to Thomson innovation, new services, etc where you have requested to receive this information. Thomson Scientific may aggregate personal information into demographic data about its users to enable Thomson Scientific to provide the most relevant and valuable services to its user community.

6.6.    Thomson Scientific may engage third parties to provide some of the processing activities described in these Terms of Use and its privacy policies on behalf of Thomson Scientific. Thomson Scientific may also provide Your information to law enforcement agencies and other authorities where it is required to do so by applicable laws.  Otherwise, Thomson Scientific does not make your information available to any third parties without Your express consent.

IP Address

6.7.    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 population, so we can make Thomson Innovation more effective. For corporate accounts, Thomson Scientific may recognize Your IP address as an aid to present appropriate welcome messages and access to subscribed services.

Security

6.8.    Thomson Innovation has been designed with Your needs for privacy and security in mind. We follow stringent procedures to protect our servers from attack and use encryption techniques to protect potentially sensitive data. We use Secure Sockets Layer (SSL) software, for all e-commerce transactions and for all users under a subscription plan, to protect the confidentiality of Your personal and transaction information. SSL uses an encryption process to avoid unauthorized access or copying of information across the Internet. To learn more about SSL, follow this link to http://www.ssl.com. We store sensitive fields of personal data, such as credit card numbers, only in an encrypted form in our database.

6.9.    While We use SSL encryption to protect sensitive information online, We also implement stringent technical and organizational policies and procedures to protect Your personal information off-line. All of Or users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing, accounts receivable or customer service representatives) are granted access to personally identifiable information. Finally, the servers that we store personally identifiable information on are kept in a secure environment.

How You can correct or update Your personal information and preferences

6.10.   You can change Your registration information and preferences at anytime in the “My Account” section of Thomson Innovation or otherwise by contacting our Data Privacy team.

Further information about Thomson Scientific’s privacy policies

6.11.   For further information about Thomson Scientific's privacy policies, please refer to our Privacy Statement.

7.         DISCLAIMER

7.1.    THOMSON SCIENTIFIC AND ITS THIRD PARTY SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ANY MATERIALS CONTAINED WITHIN THOMSON INNOVATION NOR AS TO WHETHER THE PROVISION OF THOMSON INNOVATION WILL BE UNINTERRUPTED OR ERROR FREE NOR THAT ALL ERRORS IN THOMSON INNOVATION OR THE MATERIALS CONTAINED WITHIN THOMSON INNOVATION WILL BE CORRECTED. IN PARTICULAR, THOMSON SCIENTIFIC S AND ITS THIRD PARTY SUPPLIERS WILL NOT BE LIABLE FOR (I) ANY CORRUPTION, ALTERATION, DAMAGE, LOSS OR MISTRANSMISSION (AS APPLICABLE) OF YOUR OR ANY THIRD PARTY’S DATA, SOFTWARE, HARDWARE OR SYSTEMS; AND (II) LOSS OR DAMAGE RESULTING FROM THE INADEQUACY OF SECURITY OF DATA DURING TRANSMISSION VIA PUBLIC ELECTRONIC COMMUNICATIONS NETWORKS OR FACILITIES.

7.2.    THOMSON INNOVATION MAY CONTAIN LINKS TO INTERNET SITES OPERATED BY THIRD PARTIES (OTHER THAN THOMSON SCIENTIFIC). WHERE SUCH LINKS EXIST THEY ARE PROVIDED FOR THE END USER’S CONVENIENCE ONLY. THOMSON SCIENTIFIC DOES NOT CONTROL SUCH INTERNET SITES, AND IS NOT RESPONSIBLE FOR THEIR CONTENTS. THOMSON SCIENTIFIC'S INCLUSION OF LINKS TO SUCH INTERNET SITES IN THOMSON INNOVATION DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIAL ON SUCH INTERNET SITES OR ANY ASSOCIATION WITH THEIR OPERATORS AND THOMSON SCIENTIFIC MAKES NO WARRANTIES IN RESPECT OF SUCH INTERNET SITES.

7.3.    THOMSON SCIENTIFIC IS AN INFORMATION PROVIDER AND DOES NOT PROVIDE LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. THE MATERIALS CONTAINED IN THOMSON INNOVATION ARE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED ON OR TREATED AS A SUBSTITUTE FOR SPECIFIC ADVICE RELEVANT TO PARTICULAR CIRCUMSTANCES. NEITHER THOMSON SCIENTIFIC NOR ITS AFFILIATES NOR ANY OF ITS THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY LOSS THAT MAY ARISE FROM ANY RELIANCE BY THE END USER, HIS/HER EMPLOYER OR CLIENT, OR ANY OTHER THIRD PARTY, ON THE MATERIALS CONTAINED IN THOMSON INNOVATION.

7.4.    NEITHER THOMSON SCIENTIFIC NOR ANY OF ITS AFFILIATES OR THIRD PARTY SUPPLIERS WILL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THOMSON INNOVATION, HOWEVER SUCH INDIRECT LOSS OR DAMAGE MAY ARISE.