The University of Manchester
Terms and Conditions of Use for the NaCTeM Website




1.1In this Agreement unless the context otherwise requires the following words shall have the following meanings:
 "Adaptations" means any adaptation, alteration, addition to, deletion from, manipulation, or modification of parts of the resource;
 "Agreement" means these terms and conditions contained herein;
 "Commercial Use" means the use of the whole or parts of the Website Content for any reason which generates a profit.
 "Intellectual Property" means all Intellectual Property Rights pertaining to and subsisting in any country throughout the world including but not by way of limitation patents, trade marks and/or service marks, designs (whether registered or unregistered), utility models, all applications for any of the foregoing, copyrights, design rights, trade or business names and confidential know-how including any licences in connections with the same.
 "NaCTeM" means the National Centre for Text Mining.
 "NLM" means the United States National Library of Medicine.
 "NLM Databases" means the United States National Library of Medicine databases which are licensed to NaCTeM and which NaCTeM have made available to the Users via the Website.
 "Non-Commercial Purpose" means the use of the Website Content solely for internal non-commercial research and academic purposes. Non-Commercial Purpose excludes, without limitation, any use of the Website Content, 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.
 "University" means the University of Manchester and any of its servants, agents, successors and assigns and is a registered charity under Section 3 (5)(a) of the Charities Act 1993.
 "Users" means any person who is permitted to access the Website Content.
 "Website" means the NaCTeM website located at
 "Website Content" means the materials contained on the Website for use by the Users.
 "Website Content Owner" means the person or body who created the Website Content and which owns the Intellectual Property in the Website Content.
1.2Words in the singular shall include the plural and vice versa, references to any gender shall include the others and references to legal persons shall include natural persons and vice versa.
1.3The headings in these conditions are intended for reference only and shall not affect their construction.


Permitted Uses

2.1The User may use the Website Content for Non-Commercial Purposes only and may:
 2.1.1access the Website in order to search, retrieve, display and download, and otherwise use any part or parts thereof of the Website Content;
 2.1.2electronically save the whole or any part or parts of the Website Content;
 2.1.3print out single copies of the whole or any part or parts of the Website Content;
 2.1.4make Adaptations to any parts of the Website Content;
 2.1.5display, download, print any part or parts of the resource for the purpose of promotion of the Website Content;
 2.1.6publicly perform the Website Content as part of a professional presentation at a seminar, conference, or workshop, or other such similar professional activity.



3.1The User may not and may not authorise any other third party to:
 3.1.1sell or resell or otherwise make the information contained in the Website Content available in any manner or on any media to any one else;
 3.1.2remove, obscure or modify copyright notices, text acknowledging or other means of identification or disclaimers as they may appear without prior written permission of the Website Content Owner;
 3.1.3use all or any part of the Website Content for any Commercial Use or for any purpose other than Non-Commercial Purposes unless with the written consent of the Website Content Owner.
 3.1.4use all or any part of the Website Content in published books or in CD Roms or in any other electronic format which is to be marketed and published and in which revenue is received as a result.
3.2This Clause shall survive termination of this Agreement for any reason.


Acknowledgement and Protection of Intellectual Property Rights

4.1The User acknowledges that all copyrights, patent rights, trademarks, database rights, trade secrets and other intellectual property rights relating to the Website Content, are the property of the Website Content Owner or duly licensed and that this Agreement does not assign or transfer to the User any right, title or interest therein except for the right to use the Website Content in accordance with the terms and conditions of this Agreement.
4.2The Users shall comply with the terms of the Copyright, Designs and Patents Act 1988 and in particular, but without limitation, shall recognise the rights, including moral right and the rights of attribution, of the Website Content Owner. Each use or adaptation of the Website Content shall make appropriate acknowledgement of the source, title, and copyright owner.


Representation, Warranties and Indemnification

5.1The University makes no representation or warranty, and expressly disclaims any liability with respect to the Website Content including, but not limited to, errors or omissions contained therein, libel, defamation, infringements of rights of publicity, privacy, trademark rights, infringements of third party intellectual property rights, moral rights, or the disclosure of confidential information. It is expressly agreed that any use by the Users of the Website Content is at the User's sole risk.
5.2The Website Content is provided on an 'as is' basis and the University disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Website Content or any part thereof, including, without limitation, any and all implied warranties of title, quality, performance, merchantability or fitness for a particular purpose. The University further expressly disclaims any warranty or representation to Users, or to any third party. The University accepts no liability for loss suffered or incurred by the User or any third party as a result of their reliance on the Website Content.
5.3Nothing herein shall impose any liability upon the University in respect of use by the User of the Website Content and the University gives no indemnity in respect of any claim by the User or any third party relating to any action of the User in or arising from the Website Content.
5.4It is the sole responsibility of the User to ensure that he has obtained any relevant third party permissions for any Adaptations of the Website Content made by the User and the User shall be responsible for any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the User in defending against any third party claim of intellectual property rights infringements or threats of claims thereof with respect of the use of the Website Content containing any Adaptations.


Consequential Loss

6.1Neither party shall be liable to the other for any costs, claims, damages or expenses arising out of any act or omission or any breach of contract or statutory duty or in tort calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals or by reference to accrual or such costs, claims, damages or expenses calculated on a time basis.



7.1The University shall have the right to terminate this Agreement forthwith if the User shall have materially breached any of its obligations under this Agreement or in the event of a breach capable of remedy fails to remedy the same within thirty (30) days of the giving of notice by the University to the User of the alleged breach and of the action required to remedy the same.


NLM Databases

8.1In addition to clauses 1-7, 9 and 10 of this Agreement, the provisions of this clause 8 apply to any use made by the Users of the NLM Databases:
 8.1.1written approval must be obtained from NLM before records or portions of the NLM Databases are merged with other sources and NLM must be identified as the source of the NLM data so merged;
 8.1.2any duplication, resale, or redistribution of data obtained from the NLM Databases must conform to the fair use guidelines and US and international copyright law;
 8.1.3unless otherwise prohibited, Users may download small amounts of NLM-produced citations for redistribution in accordance with the figures contained in the NLM Databases;
 8.1.4some material in the NLM Databases is from copyright publications of the respective copyright claimants. Users of the NLM Databases are solely responsible for compliance with any copyright restrictions and are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publications, all of which are incorporated by reference;
 8.1.5all records must be identified as being derived from NLM Databases;
 8.1.6all use (including redistribution and reselling) made of the NLM Databases by Users must be reported by the Users annually to NLM using NLM supplied report forms.
8.2NLM represents that the NLM Databases provided under this Agreement were formulated with a reasonable standard of care. Except for this representation, and as otherwise specifically provided in this Agreement, NLM makes no representation or warranties, expressed or implied. This includes, but is not limited to, any implied warranty of merchantability or fitness for a particular purpose, with respect to the NLM Databases, and NLM specifically disclaims any such warranties and representations.



9.1Delay in exercising, or a failure to exercise, any right or remedy in connection with this Agreement shall not operate as a waiver of that right or remedy. A single or partial exercise of any right or remedy shall not preclude any other or further exercise of that right or remedy, or the exercise of any other right or remedy. A waiver of a breach of this Agreement shall not constitute a waiver of any subsequent breach.
9.2Each of the parties acknowledges that it is not entering into this Agreement in reliance upon any representation, warranty, collateral contract or other assurance (except those set out in this Agreement and the documents referred to in it) made by or on behalf of any other party before the execution of this Agreement. Each of the parties waives all rights and remedies which, but for this clause, might otherwise be available to it in respect to any such representation, warranty, collateral contract or other assurance, provided that nothing in this Clause 9.2 shall limit or exclude any liability for fraud.
9.3Nothing in this Agreement shall constitute or be deemed to constitute a partnership or other form of joint venture between the parties or constitute or be deemed to constitute either party the agent or employee of the other for any purpose whatsoever.
9.4No person who is not a party to this Agreement is entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9.5The parties intend each provision of this Agreement to be severable and distinct from the others. If a provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, the parties intend that the legality, validity and enforceability of the remainder of this Agreement shall not be affected.


Governing Law and Jurisdiction

10.1This Agreement is governed by, and shall be interpreted in accordance with, English law and each party irrevocably submits to the non-exclusive jurisdiction of the English Courts in relation to all matters arising out of or in connection with this Agreement.