GENERAL TERMS AND CONDITIONS

APPLICABLE TO THE LICENSE AGREEMENT

Version 1.9

 

Please read the following terms and conditions before accepting the License Agreement or using the Service. If you do not accept the General Terms and Conditions laid down in this Agreement, please do not use or subscribe to the Service.

 

General

1. The clauses set out below establish the general terms and conditions related to the License Agreement and form an integral part thereof. Thus, by entering into the License Agreement, the Client of Caselex ("Client") also accepts the general terms and conditions.
2. Use of the Service by the Client and/or any user ("User") of the Client implies acceptance of the License Agreement and the below general terms and conditions.

Caselex service

3. The Caselex Service ("Service") is provided by Caselex in modules ("Modules") through the caselex.com website, giving access to and allowing for browsing and searching important case law (full texts, summaries and translations of summaries) directly linked to the application of EU law
4. The Caselex Service consist of:
   1. a) search and browse possibilities for relevant cases with starting points: free text search in summaries; structured search by country, area of law & subject, EU provisions;
   2. view case head notes and summaries in native language of the case plus English, next to a set of other useful metadata, including cited cases;
   3. view full text cases in native language;
   4. a personalized version of Caselex, including: definition of user preferences, a personalized archive of cases, adding notes and labels to individual cases, alerts by e-mail, store searches and browsing profiles;
   5. help desk service;
   6. add-on Services ("Add-on Services"), including translations on demand and Case Detective Service.
5. The Service, however, are to be used as a reference tool and the Client recognizes that it is not a substitute for professional advice.

Rights of use

6. All material displayed on the Service ("Content") belongs to Caselex or its licensors. Subject to clause 6, the Client may:
   1. retrieve and display the Content of bona fide searches on a computer screen;
   2. based on bona fide searches print individual documents or extracts of pages on paper, and download extracts and store such in electronic form on a storage device under the exclusive control of the Client (but not on any other server or other storage device connected to a network) subject to existing legislation and to the Client clearly acknowledging the source and ownership of the copyright in the extracted data;
   3. bookmark or link to any part of the Service.
7. Most of the Content in the Service is owned by Caselex but certain content is used under licence from third parties ("Third Party Content") and will be marked with the copyright notice of those third parties. Some of the Third Party Content may be subject to additional restrictions;
8. A Client may not (without contacting Caselex to obtain prior written permission):
   1. redistribute any of the Content (including without limitation by using it as part of any library, archive or similar service);
   2. remove the copyright or trade mark notice from any copies of the Content made under this Agreement;
   3. create a database in electronic or structured manual form by systematically downloading and/or storing all or any of the Content (including without limitation on any internal network system);
   4. allow any third party to access the Content unless expressly so permitted by Caselex; or
   5. except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.
9. The Client hereby acknowledges that word and logo "Caselex" is a European trade mark owned by Caselex and that it may not be used without written permission.
10. The Client hereby acknowledges that use of the Content requires own skill and judgment. The Client warrants that it has such skill and judgment and undertakes at all times to exercise its own judgment in use of the Content and shall be solely liable for all opinions, recommendations, forecasts or comments made or actions taken.
11. The Client acknowledges that (s)he is aware that use of the Content may from time to time be subject to certain statutory or other external regulations, conditions and restrictions. The Client undertakes to comply with such regulations, conditions or restrictions applicable to the Content.

Registration and Service rendering

12. 12. Access to the Service requires the Client to register itself. Employees, students (if Client is academic body) and library visitors (if Client is public library/academic institution) who want to use the service must either register for a personalised user account under the respective Client account or access anonymously (“Anonymous user”) if to become User(s). Registering with Caselex, and using the Service, the Client and its User(s) will have to comply with the terms and conditions of this agreement. Registration will require the Client and its User(s) to provide certain personal data.
1. If one of the Client's User(s) ends his/her work/study, the Client shall immediately terminate the respective User's access to the Service.
2. Anonymous user access shall only be offered in combination with IP based access. Next to Anonymous user access, the Client can enable/disable IP based access at any point in time
3. Clients being public libraries and academic institutions holding written permission in the License Agreement to offer public access to the Service through its library terminals must enable the IP based access solution to the Service.
13. The Client is responsible for all use of the Service by its User(s), including Anonymous users.
1. The Client shall ensure that Library Users can only access Caselex via the Client's internal public library terminals linked to one or more specific IP address of the Client registered with Caselex.
2. The Client shall take all reasonable steps to prevent unauthorised use of its ID(s) and unauthorised access to the Service including usage beyond the limits of the Agreement.
14. The Client and its User(s) hereby acknowledges that (s)he has provided Caselex with accurate and complete registration information and that (s)he is under the responsibility to update Caselex of any changes to that information (including email address) by updating personal information on the Service or by emailing Caselex using the appropriate e-mail address set out in this Agreement.
15. If the Client has taken up a free trial offer it may access the Service free of charge for the relevant period of validity of the free trial. The Client may only benefit from one free trial unless agreed differently in this Agreement, and, if Caselex discovers that the Client has requested more than one free trial, the Client will become liable for payment of the Subscription fee. When the free trial is close to its end Caselex will contact the Client to ask whether the Client wishes to subscribe to the Service.
16. If the Client believes there has been any breach of security such as the disclosure, theft or unauthorized use of its ID, the Client must notify Caselex immediately by email using the appropriate e-mail address set out in this Agreement.
17. If Caselex reasonably believes that the Client's ID(s) or Anonymous user access is (are) being used in any way which is (are) not permitted by this Agreement, Caselex reserves the right to suspend access rights immediately on giving notice to the Client and to block access from the ID(s) until the issue has been resolved.
18. Caselex is continuously seeking to improve the Service. Caselex reserves the right, at its discretion, to make changes to any part of the Service, Modules or Content provided that it does not materially reduce their functionality.

Use of Equipment and/or Software to access Content

19. 19. The Client shall ensure that if any item of equipment used to access the Service ("Equipment") and/or software is used to access the Service ("Software"), it shall be used in such a manner so as not to corrupt, interrupt, or cause failures to, the Service, including any hardware, software or local networks which may be used by Caselex or used in the Service, or any Content on the Service database.
20. Any unauthorized access to or use of the Service or Content will entitle Caselex in addition to any other remedy it may have, to terminate supply of the Service to the Client immediately and/or this Agreement as a whole.
21. The Client shall not without Caselex' express prior written consent, and shall ensure that no other person shall:
    1. make any additions, modifications, adjustments or alterations to the Service and/or the Content;
    2. attempt to rectify or permit any persons other than Caselex or its agent to rectify any fault or inaccuracy in the Service and/or the Content;
    3. otherwise tamper with the Service and/or the Content;
    4. use such Equipment and/or Software (when dealing in any way with the Service or the Content) in a manner which is inconsistent with the terms and conditions of this Agreement;
    5. permit the Equipment or Software to be linked to or communicate in any manner or be used in connection with any other database, time sharing or other system, computer bureau, data or telecommunication service or any other service or word processing system or information distribution network, whereby the Content is being accessed, used, stored or redistributed as the case may be, by or through such other equipment.
22. Except to the extent permitted by law, the Client shall not modify, reverse assemble, decompile, or reverse engineer the Service or any part thereof or merge the Content, database or software with any other content, database or software.

Fees and payment

23. The Client shall pay for the License(s) and all usage of the Service which accrues under the ID(s) allocated to the Client. Responsibility for limiting usage remains with the Client.
    1. Translations On Demand will be charged per ordered case translation. Pricing On Demand.
    2. Case Detective service will be charged through a fee per hour.
    3. Provided the Client is an academic institution or public library holding the Office license with IP based access, charges for any Add-on Services like in a) and b) which accrues under the ID(s) allocated to the Client, shall be payable in advance to Caselex by the respective User unless agreed differently in the License Agreement.
    4. Anonymous users cannot access Add-on Services.
24. Subscription fee(s) and other fees are quoted in Euro excluding VAT ("Subscription fee"), unless specified differently in the License Agreement.
25. The Client is responsible for providing all necessary information, including valid VAT number, if to benefit from EU's intra-community VAT regime.
26. The Client is responsible for providing required documentation as defined in the License Agreement within 7 days of acceptance or renewal of the Agreement if to benefit from the Student License, special conditions or discounts. Failure to provide such documentation will cause the Agreement to be automatically terminated.
27. With respect to invoicing Caselex will
    1. Calculate and invoice the annual Subscription fee in advance, including applicable VAT.
    2. Other Add-on services rendered are calculated and invoiced weekly, if professional license, and in advance if private license.
28. Upon invoicing the Client agrees to pay in advance if Home Office license or Student license, and within 30 days net of the invoice date if Professional License or Office license.
29. Caselex may change its Licenses and Subscription Fee(s) in the normal course of business. In that case, Caselex will notify the Client of the (new) applicable license and Subscription fee (if any) prior to the end of the Client's subscription term.
30. Caselex will send to the Client by e-mail a renewal notice holding the Subscription fee payable for the subsequent year at least 45 days before the end of the Client's subscription term. The applicable terms and conditions will be included. If the Agreement is not terminated, the invoice for the renewal of the Subscription fee will be issued prior to the end of the Client's subscription term.

Intellectual property rights

31. The Content and Service and software supporting the Content and Service are protected by intellectual property rights, including copyrights and database rights owned by Caselex and/or by other information providers who have licensed their content for use to Caselex.
32. The Client acknowledges that it obtains no copyright or other right in the nature of copyright or any other intellectual property right whatsoever in the Service, Content or any part thereof or in the software, databases, or any documentation or print-out by virtue of this Agreement.

External Data

33. If a Client avails itself of the Service described under article 4d, all external data - not being part of the Content - such as notes and labels ("External Data") submitted in the framework thereof by the Client's Users will be treated confidentially by Caselex and no other Client will be able to view or store these data, except for the Client and Caselex, unless otherwise agreed by the Client.
34. The Client will remain the owner of any rights on the External Data. Only if the Client specifically requests Caselex in writing to share any (parts of) such data, Caselex will do so.
35. In case a former User, e.g. employee, of the Client wishes maintain using the external data under another Client Agreement, Caselex will only approve so with the prior written approval of the Client. However, the Client being an academic institution holding an academic Office license will by accepting this Agreement allowing any of its students to use his/her personal external data under another Client Agreement.
36. In case of termination of the Agreement, Caselex may delete all External Data within two weeks after the termination date.

Privacy rights

37. Caselex, being the processor responsible for the processing, will process personal data in view of the actualization and making accessible of the database. Contrary to its general Privacy Policy (available at the Caselex web site www.caselex.com), in view of registration and recognition, it may share personal data of the Client with its national partner(s) located in the respective country of the Client. By accepting this Agreement the Client gives Caselex the permission to do so.
38. Caselex stores and process information from Clients on computers that are protected by physical as well as technological security devices.

Disclaimer

39. While Caselex strives for accuracy, it does not warrant or guarantee the accuracy or completeness of Content or database of the Service. Nor does Caselex guarantee or warrant that any information available will be free of defects. Therefore, Caselex and/or its reviewers shall not be liable in any way to Clients or other parties for delays, inaccuracies, errors or omissions in the material provided or any loss or deficiencies in the External Data.
40. While Caselex takes reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of the Service and the accuracy and completeness of any Content is with the Client of the Service. Likewise, Caselex does not warrant that the Service will be uninterrupted or error-free.
41. The Service is provided on an "as is" and "as available" basis. Caselex and/or its reviewers make no warranty of any kind, either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose or non-infringement, or warranties regarding the accuracy, reliability or completeness of the content or any other service or product on or related to the Service (including any link to another web site or resource).
42. In no event Caselex and/or its reviewers will be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service any claim attributable to errors, omissions, or other inaccuracies published on caselex.com.

Duration

43. The Agreement is valid from the date of signature till the Client's Subscription is terminated.
44. The initial subscription period is 12 months from the start date unless a different initial period is indicated in the License Agreement.
45. The Agreement will renew automatically on an annual basis after the initial period unless another renewal cycle is indicated in the License Agreement. The renewal will not apply to trial subscriptions.
46. The Client may terminate the Agreement by giving written notice at least 30 days prior to the start of the next period. Failure to give such notice will result in automatic renewal of this Agreement.
47. If the renewal of a Student License or Home Office License is not is not paid before the end of the Client's subscription period, the Agreement will be automatically terminated.

Termination

48. This Agreement and the Client's access to the Service may be terminated by written notice if the Client is in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given.
49. The Client may terminate this agreement if the Service is discontinued and/or if Caselex is in material breach of this Agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to Caselex.
50. Should the Client terminate its subscription(s), and provided Caselex is not in breach of this Agreement, the Client's annual Subscription fee is not refundable for the unused period of the subscription term.
51. Where the Client is a consumer within the meaning of the Distance Selling Directive (Directive 97 / 7 / EC) the Client has the right of withdrawal as defined in Article 6, paragraph 1, of the Directive. In line with Article 6, paragraph 3, of the Distance Selling Directive, the Client cannot exercise its right of withdrawal if the Client has logged in to the Service before the end of the seven working day period referred to in Article 6, paragraph 1.

Notices

53. All notices shall be given to Caselex via email using the e-mail address helpdesk@caselex.com or by post at Caselex s.a.r.l., ecostart centre, Rue de l’Industrie, L-3895 Foetz, Luxembourg or to the Client at either the email or postal address provided in the License Agreement.
54. Technical questions regarding software, configuration or connection should be directed to the Client's Internet access provider. Caselex cannot address questions except those specifically about its own Content and Service.
55. Notices will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

Severability

56. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the rest of the provisions and shall not affect the validity and enforceability of any remaining provisions.

Force majeure

57. Neither party shall be liable for any loss suffered by the other or be deemed to be in default for any delays or failures in performance (other than failure to make payments) hereunder resulting from acts or causes beyond its reasonable control.

Miscellaneous

58. Where the Service is under continuous development and the Content is growing on a daily basis and where Service requirements or technological developments may require Caselex to amend its Service proposition and/or infrastructure, Caselex has the right to change the general terms and conditions regularly. In such event Caselex will be posting the changes on www.caselex.com and sending notice to the e-mail address the Client provided in the License Agreement. Such notice will provide a date upon which the changes will be effective.
59. Caselex may transfer and/or assign its rights and/or obligations under this Agreement. This will not affect the Client's rights under this Agreement.
60. The Client may not transfer any rights or obligations under this Agreement. Nothing in this agreement shall confer the Client's rights on any other person.
61. If the Client breaches this Agreement and Caselex ignores this, Caselex will still be entitled to use its rights and remedies at a later date or in any other situation where the Client breaches this agreement.

Governing law

62. This Agreement between Caselex and its Client will be governed and interpreted under the laws of Luxembourg. The competent Courts in Luxembourg have jurisdiction in any dispute arising from this Agreement.