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License Agreement for NLM Data

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U.S. National Library of Medicine (NLM)
National Institutes of Health
Department of Health and Human Services

LICENSE AGREEMENT FOR NLM DATA

WHEREAS, the National Library of Medicine was established by statute in order to assist the advancement of medical and related sciences, and to aid the dissemination and exchange of scientific and other information important to the progress of medicine and to the public health, (section 465 of the Public Health Service Act, as amended (42 U.S.C. section 286); and

WHEREAS, NLM has produced data (NLM data) that are useful in a variety of settings and, subject to available governmental funding, are available under this License; and

WHEREAS, NLM data may include abstracts provided by third parties for inclusion in NLM data, and use of the abstracts should be guided by the principles of fair use; and
 
WHEREAS, Licensee desires to use NLM data at its sole risk and at no expense to NLM;  

NOW THEREFORE, it is mutually agreed as follows:

1.  NONEXCLUSIVE RIGHT/PUBLIC INFORMATION
NLM hereby grants a nonexclusive right to the Licensee to use NLM data selected from Appendix A subject to the provisions/restrictions in this nonnegotiable License and its Appendices.  The list of Licensees is public information. 

2.  REQUIRED INFORMATION
Licensee shall provide information related to the intended use of the licensed data to complete a License request. The Licensee shall update the information annually as requested by NLM.

3.  PRICING             
Currently NLM does not impose charges of any kind for data licensed under this License. Rates, if imposed by NLM, shall become effective after ninety (90)-days' notice published in the NLM Technical Bulletin(http://www.nlm.nih.gov/pubs/techbull/tb.html).

4. LIABILITIES AND WARRANTIES 

A. Licensee assumes all liability for its negligent acts and omissions or any injury or damage to the U.S. Government resulting from Licensee's use of the NLM data, and shall indemnify the Government against liability for any claim resulting from such use by Licensee.  

B. NLM represents that its data provided under this License were formatted with a reasonable standard of care, but makes no warranties express or implied, including no warranty of merchantability or fitness for particular purpose, regarding the accuracy or completeness of the data or that the machine-readable copy is error free. Therefore, Licensee agrees to hold NLM and the U.S. Government harmless from any liability resulting from errors in the licensed data. NLM disclaims any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in the licensed data. 

C. Licensee assumes full responsibility for all costs associated with its access to, preparation, maintenance, and overall use of the NLM data.

5. STANDARDS OF QUALITY

A. Licensee shall provide high caliber products/services/applications (including but not limited to scholarly, research, corporate, governmental, and commercial use) making use of the data licensed under this License.

B. Licensee shall provide the following statement to users of its products/services/applications who have access either to the original data licensed under this License or information/data derived from the original licensed data:

“NLM represents that its data were formulated with a reasonable standard of care. Except for this representation, 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 data, and NLM specifically disclaims any such warranties and representations.”

C. Licensee shall:
            1. [The following does not apply to Catfile, CatfilePlus, and Serfile data] Prominently label each NLM record so as to identify the NLM database and NLM as the source if discrete NLM records can be retrieved in combination with discrete records from other sources.  Attribution to NLM should be at the most granular level possible.
                Recommended wording example:  “From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine.” 

            2. [The following does not apply to Catfile, CatfilePlus, and Serfile data] Prominently label the NLM content to identify the NLM-derived elements clearly and NLM as the source when complete or partial NLM records are merged or displayed with data from other sources to create a composite record.  Attribution to NLM should be at the most granular level possible.
                Recommended wording example:  “Article title and MeSH Headings from MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine.”

            3. Make known, in a suitably clear and conspicuous manner:
                        a. The currency of the NLM data used in its products/services/applications, based on the date NLM released the most recent data file used (i.e., the date NLM put the files on its server).
                        b. That the products/services/applications may not reflect the most current and accurate biomedical/scientific data available from NLM if Licensee does not use updated data that NLM makes available during a calendar year (that is, there is no intention to update so that a static version of data is used).

            4. Characterize accurately the capabilities of Licensee's products/services/applications and the purpose for which the NLM data or information/data derived from NLM data is suitable and appropriate.

            5. Provide NLM with free and unobstructed access to Licensee’s products/services/applications using NLM data for testing/quality assurance purposes.

            6. Complete a quality assurance self-assessment evaluation or another quality assurance evaluation mechanism upon request by NLM.

D. Licensee shall abide by the requirements in Appendix C if Licensee’s products/services/applications are not based upon a static version of the data. If Licensee updates its products/services/applications on a regular or irregular basis by adding files containing new, revised, and deleted records provided by NLM, the requirements in Appendix C apply.

6. THIRD PARTIES
Licensee may redistribute all or partial data licensed under this License, or information/data derived from data licensed under this License, to a third party. In this case, Licensee shall include in its agreements with third parties provisions to ensure that the third party use complies with all provisions of this License and its Appendices. In particular, use with updates resulting from duplication, sale, or redistribution of NLM data by Licensee or its users must also conform to the requirements listed in Appendix C.

7. ATTRIBUTION    

A. Licensee shall acknowledge NLM as the source of the data licensed under this License in a suitably clear and conspicuous manner. This pertains to all varieties of electronic or printed products/services/applications including those which may consist of: 1) only data licensed from NLM; 2) complete or partial NLM-provided records merged or displayed with data from other sources, or 3) information/data derived from data licensed from NLM.

Recommended wording examples for attribution are:
“From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine.”
“Title and MeSH Headings from MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine.”
 “Protein-gene relationships mined from MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine.”

B. Licensee shall provide the following statement to users of its products/services/applications who, in turn, may redistribute or retransmit the records or derived data: 

“All complete or parts of U.S. National Library of Medicine (NLM) records that are redistributed or retransmitted must be identified as being derived from NLM data.
Recommended wording examples for attribution are:
“From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine.”
 “Title and MeSH Headings from MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine.”
“Protein-gene relationships mined from MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine.”

C. Licensee shall not indicate or imply that NLM has endorsed Licensee or its products/services/applications. 

D. Licensee shall properly use registration symbols (http://www.nlm.nih.gov/pubs/factsheets/trademarks.html) when referring to NLM databases, systems, and products. Licensee must name their products/services/applications in a fashion that clearly distinguishes them from NLM-produced databases.

8. PREREQUISITE ARRANGEMENT
As specified in Appendix B, for certain data available under this License, Licensee must make arrangement with the provider(s) in advance of licensing that data from NLM.

9. COPYRIGHT AND FAIR USE  

A. NLM data are produced by a U.S. Government agency and include works of the United States Government that are not protected by U.S. copyright law but may be protected by non-US copyright law, as well as abstracts originating from publications that may be protected by U.S. or non-US copyright law.

B. NLM assumes no responsibility or liability associated with Licensee’s use of copyrighted material, including transmitting, reproducing, redistributing, or making commercial use of the data.  NLM does not provide legal advice regarding copyright, fair use, or other aspects of intellectual property rights. Persons contemplating any type of transmission or reproduction of copyrighted material such as abstracts are advised to consult legal counsel.

C. Licensee shall inform its users that the duplication, sale, or redistribution of data obtained under this License must conform to fair use guidelines and copyright law.

Licensee is required to provide the following statements to users of its products/services/applications in a suitably clear and conspicuous manner: 

 “NLM data are produced by a U.S. Government agency and include works of the United States Government that are not protected by U.S. copyright law but may be protected by non-US copyright law, as well as abstracts originating from publications that may be protected by U.S. copyright law.

“ NLM assumes no responsibility or liability associated with use of copyrighted material, including transmitting, reproducing, redistributing, or making commercial use of the data.  NLM does not provide legal advice regarding copyright, fair use, or other aspects of intellectual property rights. Persons contemplating any type of transmission or reproduction of copyrighted material such as abstracts are advised to consult legal counsel.”

D. NLM does not authorize third party Web-crawling of sites that mount versions of data licensed per this License. 

10. CHANGES TO DATA OR MEDIUM  
NLM reserves the right to change the type, format, and distribution medium for data made available under this License. If possible, NLM will inform Licensee in advance of such changes at least thirty (30) days before the data are distributed. 

11. REPORTS           
Within thirty (30) days after requested by NLM, Licensee shall provide a brief report summarizing the purpose and progress of the use of the NLM data. Licensee must provide NLM with a copy of or free access to any paper that is published about research, commercial, or other use of the licensed NLM data.

12. TRANSFERABILITY OF LICENSE    
With NLM’S approval in writing, Licensee may transfer this License to a successor that has acquired substantially all of Licensee's business, the particular product line, or the particular research use for which this License has been entered into by Licensee. Succession shall include, but not be limited to, acquisition, merger, change of corporate name, or change in the make-up, organization, or identity of Licensee. The transferee shall also be subject to all of the conditions stated in this License. Licensee shall notify NLM in writing within ninety (90) days after such a transfer occurs. NLM may, at its discretion, require that a new License be signed by the successor. 

13. DURATION AND TERMINATION

A. Licensee shall submit information and reports noted in Clauses 2 and 11 of this License, non-receipt of which is cause for termination of the License.

B. This License shall be effective until terminated by one of the parties upon thirty (30) days’ written notice to the other party. Licensee's failure to abide by the terms of the License shall be grounds for termination of the License.  If Licensee cures the failure to the reasonable satisfaction of NLM within sixty (60) days of the date of the notice of revocation, this License shall continue in effect.  Neither the U.S. Government nor its employees shall be liable or responsible to Licensee in any manner whatsoever for damages of any nature whatsoever arising from the termination of this License. 

C. In the event that any provision of this License is determined to violate any law or is unenforceable, the remainder of the License shall remain in full force and effect. 

D. Licensee may add other data covered under this License and listed in Appendix A to an existing License upon written request and written approval from NLM.  Licensee may discontinue licensing data covered under this License and listed in Appendix A upon written notification to NLM. The License remains in effect as long as at least some NLM data covered by the License are licensed.

E. [The following does not apply to Catfile, CatfilePlus, and Serfile data] Licensee shall take the following actions when data are no longer licensed under this License or when the License is terminated:
            1. Discontinue use of any promotional or other materials that refer to such data within thirty (30) days, and
            2. Cease use of data or information/data derived from data licensed under this License in all applications no later than ninety (90) days. Following that, Licensee must promptly destroy and erase all data obtained under this License as well as any data contained in any derivative applications under Licensee’s control.

14. NOTIFICATIONS
NLM shall announce changes to the License in the NLM Technical Bulletin(http://www.nlm.nih.gov/pubs/techbull/tb.html). In addition, information concerning policy and data changes will be transmitted via e-mail and subsequently available from NLM’s Web page for Licensees.

15. AMENDMENTS 
This License and its Appendices constitute the entire understanding between NLM and Licensee and no modification of this License shall be binding upon either party unless it is published in the NLM Technical Bulletin (http://www.nlm.nih.gov/pubs/techbull/tb.html).

16. APPENDICES:  The License includes the following Appendices which must be read before accepting the License:
Appendix A:  Data Covered by the License Agreement
Appendix B:  Prerequisite Arrangement with Producer of Data
Appendix C:  Requirements for Use of NLM Licensed Data with Updates
Appendix D:  MEDLINE®/PubMed® Minimal Data Element Set

24 October 2008

[Revised 24 March 2009]