Permitted Use of SciFinder Scholar. Authorized Users are permitted to use SciFinder Scholar only for Academic Research. Academic Research is educational research done in the usual course in the pursuit of a degree, instructional (i.e., educational and training) use in a classroom setting; or research by faculty and students which is funded by the government or non-profit research foundations and intended for publication in the publicly available literature. To qualify as Academic Research, the research must not involve patentability searching. Commercial Research is research other than Academic Research; for example, research performed under a funding or consultant contract with the intention of delivering results to a for-profit organization, or patentability research.

Reasonableness of Use. CAS will monitor the volume of searching and answer downloading activity associated with each Authorized I.P. Address on a routine basis, for the purposes of: (1) benchmarking what 'average' use is among Authorized I.P. Address(es), and (2) noting any significant variance in patterns of usage for particular Authorized IP Address(es). CAS may ask the Key Contact and the Authorized User(s) involved to discuss any usage pattern(s) CAS questions and, if necessary, to work with CAS to reach a solution if a problem is uncovered. If, however, as a result of such inquiry CAS learns that 'excessive' or unusual use or any particular use is related to non-compliance with any provision of this Agreement, and depending on the scope of the non-compliance, CAS will instruct a Member University with written notice to bar certain individuals from using SciFinder Scholar, may bar a Member University from using SciFinder Scholar, or may elect to terminate the Agreement. CAS will also have available to it all other remedies available under applicable law and in equity.

Permitted Data Use. The uses of CAS data which are permitted by CAS, are as follows: Authorized Users may make use of CAS data obtained as a result of SciFinder Scholar searches in the ordinary course of Academic Research and may store search results in electronic form, provided that at any one time, no more than 5,000 records are stored by an Authorized User. Authorized Users are permitted to search only for themselves and may share their search results in a reasonable, limited way with other students or faculty at the same Member University who are working on the same research project. Any such sharing may not result in an aggregation of the electronic records stored by individual Authorized Users, nor in the creation of any central source of electronic records. Stored records must be deleted when they are no longer needed by the Authorized User for the relevant research project, or after the completion of Authorized User's degree program, whichever occurs first. Under no circumstances may CAS data or a collection of CAS data be used for any other purpose, including but not limited to distribution of data by assignment, sale, sublicense, loan or other means of transfer to any other Member University or to any third party, and any commercial use, whether paid or unpaid. Any use beyond the limited use described herein requires the advance written permission of CAS.

Member Universities will: (1) display the User Agreement text provided by its consortium to all users in a printable form, and require the user to scroll through the text and indicate agreement (e.g., click-wrap agreement) prior to the initial download of the SciFinder Scholar client software from the Member University network to the Authorized User's personal computer; and (2) use other reasonable efforts to communicate the Permitted Data Use rights to Authorized Users.

I.P. Addresses. Member Universities must report to their consortium all Authorized I.P. Address information, by Site, and may use SciFinder Scholar only through its respective Authorized I.P. Addresses. These I.P. Addresses must be unique to the Member University. When temporarily at locations other than the Site, Authorized Users may connect via telephone lines (dial-in access) through Authorized I.P. Addresses to use SciFinder Scholar.

Security. Member Universities will use reasonable efforts to ensure that only Authorized Users have access to SciFinder Scholar. Member Universities must provide network-wide system security such that all Authorized Users must be required to prove their authorized status prior to each instance of downloading the SciFinder Scholar software from a Member University's ftp site and prior to each instance of connecting to the Member University network via telephone dial-in to access SciFinder Scholar. If, in addition, Member University's campus network security protocols will support password-protection for every SciFinder Scholar program launch (i.e., every use of SciFinder Scholar), Member University agrees to implement this.

Public Access and Library Terminals. Member Universities acknowledge that the SciFinder Scholar product is not intended to support any use other than that by Authorized Users, e.g., use by walk-in visitors or general-public library patrons is not allowed. CAS acknowledges that Member Universities may be unable to segregate public or library computer terminals from the rest of the Member University network, and that occasional walk-in, public use of SciFinder Scholar may occur. If Member University's campus network will support password-protection for every use of SciFinder Scholar in the library setting, Member University agrees to implement this. Member Universities will, in any case, prominently display a notice near all terminals, or electronically on the terminal screen, to which the public has access and on which SciFinder Scholar is available, indicating that SciFinder Scholar is for use only by Member University students and faculty, and not the general public.

Member Enforcement. Member Universities acknowledge the ACS' copyright and ownership interests in SciFinder Scholar, that SciFinder Scholar is a principal product of CAS and the importance to CAS of maintaining these rights in the product and in CAS data. In addition to its other obligations, Member Universities promise to use reasonable efforts to monitor usage of SciFinder Scholar for compliance with the terms of this Agreement, and will notify CAS immediately of any suspected violation by any user. Member Universities will use reasonable efforts to fully cooperate with CAS in investigating any suspected violation, and will take such action as reasonably requested by CAS, or which it deems in its good judgment to be necessary, to correct such violation. Member Universities will be responsible for any failure on its part to act in compliance with this paragraph.

Consortium and Member Universities Limitation of Liability. The Consortium and Member Universities will exercise reasonable, good faith efforts: 1) to inform Authorized Users of the restrictions addressed in this Exhibit 4 and in Sections A-K of paragraph 2 of the Agreement with respect to the use of SciFinder Scholar, including all data accessed therewith, and all optional add-on modules (the 'Restrictions'); 2) to enforce the Restrictions; 3) to investigate with CAS any violation or suspected violation of any of the Restrictions, whether by Authorized User(s) or not; and 4) to cooperate with CAS in the resolution of the matter. Member Universities agree, at CAS' request, to review from time to time with CAS the efforts described above and to make such changes thereto as reasonably necessary. Neither the consortium nor Member Universities will be liable to CAS for the actions of an individual user who has acted without the knowledge or consent of the consortium or the Member Universities, provided the consortium and the Member Universities are in compliance with the requirements of this Exhibit 4 and sections A-L of paragraph 2 of the Agreement.