PLEASE READ THESE END USER TERMS CAREFULLY

These end user terms (“Terms”) apply between you (“you”) and BENTHAM SCIENCE PUBLISHERS LIMITED of Executive Suite Y-2, PO Box 79127, Saif Zone, Saif, Sharjah, United Arab Emirates (“Bentham Science”) for the articles made available via the Website http://www.eurekaselect.com (each an “Article”).

These Terms shall at all times be read subject to applicable law. Bentham Science licenses Articles accessed by you via the Website to you on the terms set out in these Terms, and (if applicable) subject to any commercial terms otherwise applicable as between you and Bentham in respect of your use of or access to the Website, and by so accessing you agree to be bound by these Terms. Bentham Science or its licensors remain the owners of the Article (including any intellectual property rights in the same) at all times, and no right, title or interest in any Article is transferred to you by way of the Terms; you are simply granted a limited right to use the Article as per the terms set out in these Terms. If you do not agree to these Terms, you should immediately cease accessing Articles via the Website.

  1. GRANT AND SCOPE OF LICENSE

    1. Bentham Science licenses your use of the Articles as follows:
      1. Open Access Articles: if the Article is noted is being made available as Open Access, it is done so under the Creative Commons license CC-BY 4.0 (a “CC Article”). You are granted a non-exclusive, non-transferable license to use the Article under the terms of the Creative Commons license CC-BY 4.0, further details of which may be found here: https://creativecommons.org/licenses/by/4.0/legalcode ; Complete terms and condition are given below for your reference purpose;
      2. Trial Articles: if the Article is noted as being made available as a free trial (a “Trial Article”), you are granted a non-exclusive, non-transferable license to use the Promotional Article in accordance with these Terms and subject to the limited period of time agreed between the institution to which you belong and Bentham (usually three months), at the end of which you will no longer be entitled to use the Article;
      3. Promotional Articles: if the Article is noted as being made available at no cost (a “Promotional Article”), you are granted a non-exclusive, non-transferable license to use the Promotional Article in accordance with these Terms; and
      4. Payable Articles: if the Article is noted as being made available for purchase (a “Payable Article”), upon payment of the relevant fees in full you are granted a non-exclusive, non-transferable license to use the Payable Article in accordance with these Terms.
    2. If you require a license for a Trial Article, a Promotional Article or a Payable Article that differs from the terms noted herein (such as for use within a generally available library of content or for multiple users), please contact permission@benthamscience.org. (Please note that a CC Article cannot be licensed on any other terms.) If you have any queries about the scope of approved use of an Article, please contact Bentham Science.
    3. You acknowledge that all intellectual property rights in or to the Article, throughout the world, belong to Bentham Science or its licensors, and that you have no intellectual property rights in or to the Article other than the right to use the Article in accordance with the terms set out these Terms.
    4. Bentham Science hereby grants you, in accordance with these Terms, a non-exclusive, non-transferrable license to use the Article in the course of personal study or research (including research for commercial purposes in the context of a university or other research institution); such right to use shall not extend to any other commercial, business or resale purposes, except where otherwise specifically permitted by Bentham Science in writing.
  2. RESTRICTIONS

    1. Except as expressly set out in these Terms or as otherwise explicitly permitted by agreement with Bentham Science or by applicable law (and then only to the limited extent so permitted), you undertake to:
      1. refrain from copying the Article (except that you may make a single copy for back-up purposes, including by storing it on a storage device owned or controlled by you);
      2. refrain from sub-licensing or otherwise supplying or communicating the Article, in whole or in part, to the public or to any other third party, through any media or communications networks;
      3. refrain from translating, merging, adapting or modifying the Article, in whole or in part, or allowing it to be combined with, or become incorporated in, any other articles or written materials;
      4. include on the Article a suitable copyright notice on all entire and partial copies of the Article in any form.
  3. NO WARRANTY; LIMITATION OF LIABILITY

    1. The Article is provided "as is" without warranty of any kind, either express or implied or statutory, including, without limitation, implied warranties as to title, merchantability, fitness for a particular purpose, non-infringement, accuracy or currency.
    2. The entire risk as to your use of the Article is assumed by you. Neither Bentham Science nor its owners, directors, employees, contractors and/or authors can be held liable for any damages, including, without limitation, special, incidental and/or consequential damages arising (whether directly or indirectly) out of your use, or inability to use, the Article in any manner (even if used by you in accordance with the terms of the relevant license) or from any use or operation of any methods, processes, instructions, or ideas reflected in, or inspired by, the Article.
  4. TERMINATION

    1. Bentham Science may terminate these Terms immediately by written notice to you and without the need for a court order if you commit a material or persistent breach of these Terms (including without limitation exceeding the scope of the terms on which you are able to use the Article) which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
    2. Upon termination for any reason:
      1. all rights granted to you under these Terms will cease;
      2. you must cease all activities authorised by these Terms; and
      3. you must immediately delete or remove the Article from all equipment in your possession.
    3. Termination by Bentham Science shall be without prejudice to Bentham Science’s rights to claim damages or other remedies from you in respect of any infringement of intellectual property rights or other causes of action resulting from your use of the Article other than in accordance with these Terms. In addition, you agree to indemnify Bentham Science for any damages, fees or costs payable by Bentham Science to any third parties as a result of your infringing use of the Article.
  5. GOVERNING LAW AND JURISDICTION

    Any dispute or claim arising out of or in connection with these Terms will be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai. The courts of the Emirate of Dubai will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
  6. COMMUNICATIONS BETWEEN THE PARTIES

    If you wish to contact Bentham Science, or if any condition in these Terms requires you to give Bentham Science notice in writing, you can send this to Bentham Science by email at mehmood@benthamscience.org. If Bentham Science has to contact you, including by giving notice in writing, it will do so at the email address you provide to Bentham Science when registering to access the Article.

By accessing the Articles, you agree to these Terms. If you do not agree to these Terms, you should immediately cease accessing Articles via the Website.

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