Bureau Brandeis

attn. Christiaan Alberdingk Thijm

Apollolaan 151
1077 AR Amsterdam
christiaan.alberdingkthijm@bureaubrandeis.com

Amsterdam: 19 February 2016

From: D.J.G. Visser, attorney at law
Telephone: +31 20 723 8901
Fax: +31 20 723 8981
E-mail: dirk.visser@ipmc.nl
Dossier: Elsevier / Hartgerink
Re: Your letter dated 12 February

Dear colleague,

On behalf of my client, Elsevier B.V. (“Elsevier”) I respond to your letter dated

12 February on behalf of C.H.J. Hartgerink.

Elsevier is unable to permit Dr Hartgerink to crawl its ScienceDirect platform in

order to perform text and data mining. As discussed with Dr Hartgerink some
months ago, Elsevier is very happy to register him for an API key in order to
download articles for text mining via our API. In fact, this option for
registration will soon be automatically available to all Dutch researchers
following the inclusion of the TDM enabling clause in our recently renewed
ScienceDirect subscription agreement with VSNU. The court case you refer to
stated that TDM is not allowed unless permission has been obtained from the
rightsholder. Elsevier has granted this permission through a license, which has
been accepted by the VSNU and by extension by the University of Tilburg. In
line with Elsevier’s global TDM policy, Elsevier confers TDM rights
automatically on subscribing institutions whose researchers wish to text mine
for non-commercial research purposes.

Elsevier requires researchers to download articles for TDM via the API for
technical reasons. TDM typically involves the bulk downloading of vast
amounts of content and this can present problems for publisher platform

Visser Schaap & Kreijger is a partnership (‘maatschap’ in Dutch) of limited liability companies with its registered
office in Amsterdam. All work and legal relations with third parties shall be governed by the General Terms of the
partnership which include a limited liability. These General Terms may be consulted at www.ipmc.nl and will be
forwarded upon request. Our VAT number is NL8547.98.729.B01.
stability and impact the ability of other users to access those systems. To
explain in more detail: if bulk downloading was to occur on the ScienceDirect
platform rather than via an API, it is possible that bulk downloading could
disrupt or impact system performance and/or stability. Those researchers who
would only be visiting the platform simply to read and/or download articles for
non-TDM related research could be negatively affected due to the decrease in
stability and performance of the ScienceDirect platform.

Elsevier needs to ensure that it can support the simultaneous needs of millions
of human readers and dozens of text miners, and in order to serve both use
cases efficiently, it makes sense to separate the traffic into different channels
optimized for each use case. The effect on platform stability can be acute from
a single crawler or bot which, if badly configured, can present the equivalent
load to hundreds or even thousands of concurrent real human users. In
addition, as the tools used by legitimate text and data miners are often similar
to those used by hackers and content pirates who also wish to bulk download
our content; crawling the ScienceDirect platform for TDM purposes makes it
more difficult for Elsevier to detect and prevent illicit access. As previously
acknowledged by Dr Hartgerink, Elsevier is not alone in providing an API for
this sort of high-volume access and APIs also are used by PLOS, Wikipedia and
Twitter.

Unlike the court case you refer to, there is no scarcity of content your client
would like to mine as we make the same set of articles available via the API. Dr
Hartgerink will be able to bulk download the articles in a faster way via the API
and in a text mining-friendly file format (XML). Unlike the court case you refer
to, Elsevier does not have a problem with use of this content for internal
research purposes either.

When Elsevier’s systems detect an unusually high level of activity, in particular

that which it would not typically associate with legitimate human users,
Elsevier contacts the customer to understand what is happening. Elsevier
needs to take these steps to ensure that an institution can take action if their
systems have been unlawfully accessed, in particular when they might not
know this is happening, and/or to determine how Elsevier can support
specialized requests from legitimate users (such as bulk downloading for TDM)
if this is the cause of the spike.

In the particular situation you refer to last year, a high level of downloading
was detected at Tilburg University which, following discussion with the
institution directly, Elsevier subsequently determined to be due to Dr
Hartgerink’s activity. Having established that the downloading was taking
place by a legitimate user, Elsevier explained that crawling or bulk
downloading is not permitted on the Science Direct platform and instead
2
should take place via Elsevier’s API which is required for text mining. This
option remains open to Dr Hartgerink should he wish to continue his research.

Elsevier understands that Dr Hartgerink is also concerned about the terms

under which he is able to reuse content retrieved via the API, in particular how
this might affect his academic freedom and publication opportunities. Elsevier
has previously clarified – and wants to take the opportunity to do so again here
– that Dr Hartgerink is free to publish his results however and wherever he
chooses to do so and would further clarify that Elsevier does not have a
problem with any commercialization of Dr Hartgerink’s research findings,
inventions or ideas. Instead we place a restriction on the underlying
subscribed content. In response to the concerns Dr Hartgerink raised in
November, we clarified these points on our TDM FAQs policy page.

(https://www.elsevier.com/about/company-information/policies/text-
and-data-mining/text-and-data-mining-faq)

Elsevier makes clear that there are no restrictions on where and how
researchers publish their results, rather the conditions we place on reuse
relate to the original copyright material that TDM has been performed on.
Specifically, researchers are free to use snippets of up to 200 characters
surrounding and excluding the text entity matched or to include bibliographic
metadata. Where snippets and/or bibliographic metadata are distributed,
they should be accompanied by a DOI link that points back to the individual full
text article or book chapter and should include a notice stating:

"Some rights reserved. This work permits non-commercial use,

distribution, and reproduction in any medium, provided the original
author and source are credited."

This notice and these conditions of output relate to the original copyright
material, not to TDM results/findings. Elsevier is always happy to discuss any
additional requirements researchers might have in terms of reusing the
content they have mined and would be happy to do so with Dr Hartgerink.

In conclusion, Elsevier remains committed to supporting Dr Hartgerink’s

research and continue to provide access to an API for him to download the
articles he requires to conduct his TDM. The reuse terms, as set out above, do
not prevent Dr Hartgerink from publishing his research in any way. Elsevier
would be very happy to discuss any additional requirements Dr Hartgerink
might have, particularly regarding the display of original copyright material,
should he wish to do so.

3
Best regards,

Dirk Visser

4
 Apollolaan 151 1077 AR Amsterdam The Netherlands
+31 (0)20 7606 505 info@bureaubrandeis.com
bureaubrandeis.com

Per e-mail: Re: Hartgerink / Elsevier

Dirk.visser@ipmc.nl

Amsterdam, June 10, 2016 Dear colleague,

On behalf of my client Mr. Hartgerink I respond to your letter of February 19, 2016.

Firstly, Mr. Hartgerink appreciates the fact that Elsevier is willing to discuss any
additional requirements Mr. Hartgerink might have, but Mr. Hartgerink still has serious
objections against accepting the terms and conditions Elsevier applies for their text and
data mining service (API). For instance, it is questionable what these additional
requirements are worth if Elsevier “reserves the right, at its sole discretion, to change
the terms of this Agreement […]”1 and “reserves the right to block, change, suspend,
remove or disable access to APIs and any of its services at any time.”2 These
paragraphs completely impair the legal status of Mr. Hartgerink and promote legal
uncertainty, while Mr. Hartgerink would professionally be completely dependent of the
access to API.

Also other paragraphs do promote legal uncertainty for Mr. Hartgerink as well, such as
paragraph 2.3. This paragraph means specifically that Elsevier is given permission to
audit “the TDM Output and any other content or material related to the use of the TDM
Output as requested by Elsevier […].”3 This is an enormous violation of the academic
freedom and right to privacy of Mr. Hartgerink.

In addition to this, this same paragraph also contains a sentence about the fact that after
acceptance, Mr. Hartgerink “will be solely responsible for all costs, expenses, losses and
liabilities incurred, and activities undertaken by the User in connection with TDM
Service.”4 In which cases these costs and expenses have to be paid by Mr. Hartgerink is
absolutely unclear. This means that after acceptance it is possible that Mr. Hartgerink is
charged with costs and expenses that are completely unforeseeable and might even be
charged because Mr. Hartgerink is downloading ‘too many’ articles with the API.

Besides, there are already terms and conditions that are accepted by the VSNU for the
‘regular’ services of ScienceDirect. Mr. Hartgerink finds it unacceptable that for using
the API, Mr. Hartgerink suddenly has to personally and individually accept additional
terms and conditions. It is unclear why the ‘regular’ terms and conditions should not be
sufficient and are not applicable for API as well. Besides, also regular copyright law is

1 Par. 1.2 Text and Data Mining Service Agreement.

2 Par. 3.4 Text and Data Mining Service Agreement.
3 Par. 2.3 Text and Data Mining Service Agreement.
4 Par. 2.3 Text and Data Mining Service Agreement.

Christiaan Alberdingk Thijm

Attorney at Law

E:christiaan.alberdingkthijm
@bureaubrandeis.com bureau Brandeis B.V. is a limited liability law firm, established in Amsterdam, The Netherlands
T: +31-20-7 606 505 (trade register no. 58290842, VAT no. NL 852968395B01 ). Our general terms and conditions
F: +31-20-7 606 555 apply to all our services and may be found on our website, bureaubrandeis.com.
 2 van 2

applicable to the API and the research of Mr. Hartgerink, so the reproduction and
quotation of the works that are accessible via the API are already restricted by law,
which makes the need for additional terms and conditions even more questionable.

Furthermore, in your letter of February 19, 2016 it is stated that Elsevier has a renewed
ScienceDirect subscription agreement with the VSNU. This subscription agreement
between Elsevier and the VSNU is a confidential agreement, which means that Mr.
Hartgerink is not able to gain insight in the content of these terms and conditions nor
evaluate any claims about the inclusion of text and data mining in this agreement. This
insight in the agreement is even more crucial considering that the University libraries
(Universiteitsbibliotheken) and the Royal Library (UKB) publicly decided in 2014 not to
sign the terms and conditions of the API because the UKB argued that these terms and
conditions were to restrictive.

Given the foregoing objections, Mr. Hartgerink requests Elsevier to confirm ultimately
by July 8, 2016 to allow Mr. Hartgerink to or (i) use the ‘regular’ services of
ScienceDirect for his research; or (ii) grant unrestricted use of the API service, that is,
without accepting any additional terms and conditions.

Mr. Hartgerink reserves its rights to litigate on all issues raised in this correspondence.

Kind regards,

Christiaan Alberdingk Thijm

Bureau Brandeis
attn. Christiaan Alberdingk Thijm
Apollolaan 151
1077 AR Amsterdam
christiaan.alberdingkthijm@bureaubrandeis.com

Amsterdam: 29 June 2016

From: D.J.G. Visser, attorney at law
Telephone: +31 20 723 8901
Fax: +31 20 723 8981
E-mail: dirk.visser@ipmc.nl
Dossier: Elsevier / Hartgerink
Re: Your letter dated 10 June

Dear colleague,

On behalf of my client, Elsevier B.V. (“Elsevier”) I respond to your letter dated

10 June on behalf of C.H.J. Hartgerink. As previously set out in our letter dated
19 February, Elsevier is happy to enable Dr Hartgerink to text and data mine the
content we publish but we are unable to permit Dr Hartgerink to crawl its
ScienceDirect platform. To text and data mine Dr Hartgerink is welcome to
register for an API key – or we are happy to register him if helpful – to enable Dr
Hartgerink to download articles for text mining via our API. If bulk downloading
was to occur on the ScienceDirect platform rather than via the API, it is possible
that bulk downloading could disrupt or impact system performance and/or
stability for other users.

We note the extracts you have taken from the Text and Data Mining Service
Agreement, however we would like to direct you to the current version of the
TDM registration form which researchers are asked to agree upon when using
our Full Text (TDM) API:

https://www.elsevier.com/__data/assets/pdf_file/0012/102234/TDM-sign-up-
short-form.pdf.

Visser Schaap & Kreijger is a partnership (‘maatschap’ in Dutch) of limited liability companies with its registered
office in Amsterdam. All work and legal relations with third parties shall be governed by the General Terms of the
partnership which include a limited liability. These General Terms may be consulted at www.ipmc.nl and will be
forwarded upon request. Our VAT number is NL8547.98.729.B01.
This registration form has been in use and publicly available for over a year. As
previously shared with Dr Hartgerink directly via his blog and in our letter to you
dated 19 February, a detailed FAQ on our policy is also available here:

https://www.elsevier.com/about/company-information/policies/text-and-
data-mining/text-and-data-mining-faq

This answers the most common questions about our TDM policy and registration
form.

As previously set out in our correspondence, our subscription agreement with

VSNU, of which the employer of Dr Hartgerink, the University of Tilburg is a
member, includes a TDM enabling clause which enables VSNU researchers to
register for an API key. The clause included in the VSNU agreement is the same
TDM enabling clause we insert into all of our subscription agreements where
TDM rights are requested, and is as follows:

“The Subscriber may:

 access the text and data mining service online via an API at
http://dev.elsevier.com to continuously and automatically extract and
index and/or process information from the ScienceDirect Subscribed
Products to which the Subscriber subscribes and load and integrate the
results (the “TDM Output”) on the Subscriber’s text-mining system for
access and use by Authorized Users; and
 distribute the TDM Output externally, which may include a few lines of
query-dependent text of individual full text articles or book chapters
which will be up to a maximum length of 200 characters surrounding
and excluding the text entity matched (“Snippets”) or bibliographic
metadata. Where Snippets and/or bibliographic metadata are
distributed, they should be accompanied by a DOI link that points back
to the individual full text article or book chapter.
 Where images are used the Subscriber should clear the rights for reuse
with the relevant copyright owner and/or rights holder. Further the
TDM Output should include a notice in the following form: “© Some
rights reserved. This work permits non-commercial use, distribution, and
reproduction in any medium, provided the original author and source
are credited.”
 Text and data mining services online may be accessed by vendors or
other third parties retained by the Subscriber only with the express
written permission of Elsevier and for the index and/or process
information purposes of the Subscriber.

2
  Notwithstanding anything to the contrary contained in this Agreement,
more extensive usage terms might be permitted for open access
content in the Subscribed Products as identified in the individual journal
article as stated in the applicable user (e.g. CC) license.”

We also ask researchers to accept our TDM registration form because this is the
first opportunity we have to let researchers know about the terms and
conditions of usage of our API, alongside the obligations by which we are bound.
It is reasonable for us to make researchers aware of what they are agreeing to
when using our APIs and to make them aware of what we are committing to as
well. The reason why we have a specific TDM registration form is because this
requires use of our full text API. Our other API use cases, covered by what you
refer to as our ‘regular’ terms and conditions, do not deliver full text access. As
full text articles or book chapters are being downloaded here, we need to make
researchers aware of how they are able to use the full text, for example in
published articles they may go on to write. Again, this is also elaborated on in
our detailed FAQ here:

https://www.elsevier.com/about/company-information/policies/text-and-
data-mining/text-and-data-mining-faq

Dr. Harterink is welcome to continue using ScienceDirect for his research, in line
with the VSNU agreement his employer entered into, and is able to use our API
service, in line with the publicly available registration form which needs to be
accepted beforehand.

Best regards,

Dirk Visser

3
 TEXT AND DATA MINING SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE

TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU
AND ELSEVIER.

1 ACKNOWLEDGEMENT AND ACCEPTANCE.

1.1 The text and data mining service (the “TDM Service”) owned and operated by Elsevier B.V.
(”Elsevier”) is provided to (“You”, “Your” or “the User”) under the terms and conditions of this TDM
Service Agreement, including any attachments thereto which are hereby incorporated by this
reference (the “Agreement”). You confirm that You have the right and authority to enter into this
Agreement and that You are a bona fide authorized user of the Dataset, as defined below, for which
You enjoy access. You understand that should Your status as authorized user cease, or for any reason
whatsoever, this Agreement terminates, as it remains conditional on the status as authorized user and
the continuance of the underlying institutional subscription agreement to which You are affiliated.

You accept and agree to the terms and conditions of this Agreement on Your own behalf by clicking
the “I Agree to the TDM Service Agreement” check box and clicking the “Register Project” button.

1.2 Elsevier reserves the right, at its sole discretion, to change the terms of this Agreement or change
the access control system’s check with the interface provided by Crossref (www.crossref.org) for the
TDM Service, at any time with reasonable advance notice given to the User. When these changes are
made, Elsevier will make a new copy of the Agreement available on the TDM Service’s web site.
Elsevier will also post a notification on the TDM Service’s web site describing the modifications
made. The changes will become effective and will be deemed accepted by You.

2. USER RIGHTS AND RESPONSIBILITIES.

2.1 Elsevier grants You a limited license to use the TDM Service, data, files and other materials
provided by Elsevier for which a subscription fee has been paid by the institute to which You are
affiliated as an authorized user (the “Dataset”), to use the TDM Service:

2.1.1 to continuously and automatically extract semantic entities from full-text articles retrieved
through the TDM service for the purpose of recognition and classification of the relations and
associations between them and mount, load and integrate the results (the “TDM Output”) used
for the User’s text-mining system for access and use by the User or the company, institute or
organization the User is affiliated with;

2.1.2 to distribute the TDM Output externally, which may include a few lines of query-
dependent text of individual full text articles or book chapters which shall be up to a maximum
length of 200 characters surrounding and excluding the text entity matched (“Snippets”) or
bibliographic metadata. Where Snippets and/or bibliographic metadata are distributed, they
should be accompanied by a DOI link that points back to the individual full text article or book
chapter. Where images are used You should clear the rights for reuse with the relevant copyright
owner and/or rightsholder. Notwithstanding anything to the contrary contained in this
Agreement, more extensive usage terms might be permitted for open access content in the
Subscribed Products as identified in the individual journal article as stated in the applicable user
(e.g. CC) license.

Further the TDM Output should include a proprietary notice in the following form:
“Some rights reserved. This work permits non-commercial use, distribution, and reproduction in
any medium, provided the original author and source are credited.”

1
2.2 The User may not other than for the uses as permitted above:

 abridge, modify, translate or create any derivative work based on the Dataset;

 remove, obscure or modify in any way any copyright notices, other notices or disclaimers
as they appear in the Dataset;

 substantially or systematically reproduce, retain or redistribute the Dataset;

 extract, develop or use the Dataset in any direct or indirect commercial activity;

 use any robots, spiders or other automated downloading programs, algorithms or devices
to search, screen-scrape, extract, or index any Elsevier web site or web application;

 utilize the TDM Output to enhance institutional or subject repositories in a way that
would compete with the value of the final peer review journal article, or have the
potential to substitute and/or replicate any other existing Elsevier products, services
and/or solutions.

2.3 The User will be solely responsible for all costs, expenses, losses and liabilities incurred, and
activities undertaken by the User in connection with TDM Service. The User will provide Elsevier
access to the TDM Output and any other content or material related to the use of the TDM Output as
requested by Elsevier to ensure compliance with the terms and conditions of this Agreement. In the
event Elsevier detects non-compliance the User shall be granted thirty days to remediate prior to
denying access to the TDM Service by Elsevier.

2.4 User shall obtain written permission in advance from Elsevier to use Elsevier’s trademarks, logos
or other brand features solely for the purpose of promoting the User’s TDM Output. In the event
permission is granted by Elsevier, You will not display the Elsevier brand features that is misleading,
defamatory, obscene or otherwise be objectionable to Elsevier or which suggests that Elsevier created,
sponsored or endorsed Your TDM Output.

2.5 The TDM Output shall not breach the law or any regulatory requirement of any territory that
Elsevier lists the link to the TDM Output including but not limited to data protection laws,
infringement of copyright and/or other intellectual property rights.

2.6 In the event the TDM Output collects or otherwise processes or uses personal data You shall be
responsible for complying with the relevant data protection and privacy laws.

2.7 The User acknowledges that all right, title and interest in and to the Dataset remain with Elsevier
and its suppliers, except as expressly set forth in this Agreement, and that the unauthorized
redistribution of the Dataset or the TDM Output could materially harm Elsevier and its suppliers.

2.8 Notwithstanding anything to the contrary contained in this Agreement, Open access content in the
Dataset is subject to the terms and conditions stated in the applicable user license identified in the
individual journal article.

3. ELSEVIER RIGHTS AND OBLIGATIONS.

3.1 Upon full execution of this Agreement, Elsevier hereby grants to User a royalty-free, non-
transferable, non-exclusive, worldwide license to a set of proprietary APIs, in accordance with the
API documentation solely to enable Users of the TDM Service to dynamically access data made
available by the APIs and will deliver to User the API specification (“API Documentation”) including

2
query algorithms and cryptographic API Keys, for the purpose of enabling the User to perform the
text and data mining.

3.2 Upon full execution of this Agreement, CrossRef will deliver to User the APIs keys for secure
access (“API Keys”) to enable User to use the proprietary Elsevier APIs to perform the text and data
mining. You may not sell, transfer, sublicense or otherwise disclose the API Keys to any other party
or use them other than for the purposes as described in this Agreement.

3.3 User shall provide, upon Elsevier’s request, Elsevier with an opportunity to test to validate that the
Integration complies with the API Documentation.

3.4 Elsevier reserves the right to block, change, suspend, remove or disable access to the APIs and
any of its services at any time.

4 WARRANTIES.

Elsevier excludes any warranty regarding the quality of the data, formatting and errors or omissions.
The Dataset is made available “as is” and without warranties of any kind, either express or implied,
including, but not limited to warranties of title, or implied warranties of merchantability,
completeness or accuracy or fitness for a particular purpose. Use of the Dataset is at the authorized
user’s own risk. Neither Elsevier, nor anyone else involved in creating, producing or delivering the
Dataset shall be liable for any loss of data, interruption of business, direct, indirect, incidental, special,
consequential, or punitive damages arising out of the use of or inability to use the Dataset.

5 TERM AND TERMINATION.

5.1 Term.
Subject to earlier termination pursuant to the terms of this Agreement, the term of this Agreement
shall commence on the date on which the User has accepted this Agreement and shall continue until
the either party terminates the Agreement in writing in accordance with sections 5.2 below (the
“Term”).

5.2 Termination

5.2.1 This Agreement may be terminated by either party forthwith in the event:

(a) a party is in material breach of any term, condition or provision of this Agreement, which
breach, if capable of being cured, is not cured within ten (10) days after the non-breaching party
gives the breaching party written notice of such breach; or

(b) a party (i) terminates or suspends its business, (ii) becomes insolvent, makes an assignment
for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar
authority, or (iii) becomes subject to any bankruptcy or insolvency proceeding; or

(c) the organization the User is affiliated with does not maintain a subscription to the book and
journal content in the ScienceDirect® database or defaults making payment of the
ScienceDirect® database subscription fees after thirty (30) days’ notice to remedy such fault; or

(d) the term of the ScienceDirect® database subscription to the book and journal content the
organization the User is affiliated expires. For the avoidance of doubt, the foregoing contractual
remedies apply in addition and not in substitution of any rights and remedies for breach available
in law, including injunctive relief. Where the User, has made available any of the Elsevier

3
 content or data, other than as TDM Output, available to third parties, Elsevier shall be entitled to
terminate this Agreement.

5.2.2 Either party may terminate this Agreement for its convenience, for any reason or no reason,
effective sixty (60) days after providing the other party a written notice of termination. Elsevier
shall further have the right to seek immediate injunctive relief in the event of a material breach
by User of this Agreement.

5.3 Effect of Termination

Upon termination for any reason or expiration, Elsevier shall disable access to the APIs and the TDM
service. You must permanently delete all Elsevier content or Elsevier data which You stored pursuant
to Your use of the TDM Service.

6 GENERAL.

6.1 Force Majeure.

Neither party’s delay or failure to perform any provision of this Agreement as a result of
circumstances beyond its control (including, but not limited to, war, strikes, fires, floods, power
failures, telecommunications or Internet failures or damage to or destruction of any network facilities
or servers) shall be deemed a breach of this Agreement. The parties agree that the departure of one or
more members of the Euro zone will not, in and of itself, be a "circumstance beyond its control" and
shall not have the effect of discharging or excusing performance of (any obligation under) this
Agreement.

6.2. Severability.
The invalidity or unenforceability of any provision of this Agreement shall not affect any other
provisions of this Agreement.

6.3 Entire Agreement.

This Agreement contains the entire understanding and agreement of the parties and merges and
supersedes any and all prior and contemporaneous agreements, communications, proposals and
purchase orders, written or oral, between the parties with respect to the subject matter contained
herein. All Schedules attached or to be attached to this Agreement are incorporated herein and shall be
governed by the terms and conditions of this Agreement unless otherwise specified in the Schedule
the terms of the Schedule shall prevail.

6.4 Modification.
No modification, amendment or waiver of any provision of this Agreement shall be valid unless in
writing and signed by the parties.

6.5 Assignment.
The User shall not assign, transfer or license any of its rights or obligations under this Agreement
unless it obtains the prior written consent of Elsevier, which consent shall not unreasonably be
withheld.

6.6. Notices.
All notices given pursuant to this Agreement shall be in writing and delivered to the party to whom
such notice is directed at the address specified below or the electronic mail address as such party shall
have designated by notice hereunder.

If to Elsevier: Elsevier e-Helpdesk (see info.sciencedirect.com/contact)

If to the User: notices shall be addressed to the electronic or mailing address specified in the User’s
registration form, or such other address as either party may give to the other by notice as provided in
this Section.
4
6.7 Privacy.
Elsevier maintains information about the User on Elsevier servers, including but not limited to User’s
registration information. The User agrees that Elsevier may use such information in aggregate form
for marketing or other promotional purposes. User agrees that Elsevier may disclose such information
in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal
process; (b) to enforce this Agreement; or (c) to protect the rights or interests of Elsevier or others.
Elsevier may contact User regarding Elsevier the TDM Service submission process using the User’s
e-mail address provided during the registration process (or as updated by User). Such e-mail messages
may contain opportunities regarding special offers and new products and/or services from Elsevier’s
advertisers. Users are not permitted to collect and use end user registration and other Confidential
Information without the express consent of the end user.

Last revised: 9 July 2014