Terms and Conditions for Access to Crop Protection Study Documents


Introduction

The following Terms and Conditions for Access to Crop Protection Study Documents apply to requests and the subsequent provision of study summaries and study reports concerning crop protection active substances and/or crop protection products researched, developed, registered and/or marketed by Bayer AG or any of its affiliates [Bayer] and which have in particular, without being limited to this, been requested and provided via the website www Cropscience-transparency.bayer.com [Study Documents]. These Study Documents may be redacted to protect personal data and/or confidential business information. Study Documents can be either Study Summaries or full Study Reports. Generally, Study Summaries are directly downloadable on the website. Study Reports are provided individually on request.


Purpose

Bayer is disclosing safety related Study Documents (study summaries and full study reports) of its crop protection active substances and/or products in the hope to foster the societal and scientific dialog on modern agriculture. Such disclosures are made with the intent to support of continued regulatory oversight based upon sound science, to serve as a means to facilitate and share additional data to interested parties, and to encourage constructive feedback and suggestions to continually improve the performance, safety, and certainty of our products to regulators, customers, and consumers alike.

Bayer does not intend to support any third party commercial interests or exploitation of Study Documents. Therefore, any use of Study Documents being disclosed under these Terms and Conditions for Access to Crop Protection Study Documents for commercial and regulatory purposes is strictly forbidden.


No provision of Study Documents to the benefit of other crop protection product companies

By making his/her request to receive Study Documents (study summaries downloadable on the website and full study reports provided individually on request) the user confirms that he/she is neither directly nor indirectly engaged nor has the intent to become engaged in the commercialization of crop protection products nor is acting on behalf or to the benefit of any third party being directly or indirectly engaged in the commercialization of crop protection products.


License regarding Study Reports provided

The user acknowledges that Study Reports are protected by copyright and/or other intellectual property rights of Bayer and/or third parties and can be considered commercially valuable when used for commercial and regulatory purposes.

The user is granted a non-exclusive, non-transferable, royalty-free, revocable license to use one copy of the requested Study Report provided in compliance with these Terms and Conditions for Access to Crop Protection Study Documents.

The license can be revoked any time by Bayer, without the need to state any reasons. In case of revocation the user shall return, delete and/or discard any copies of the Study Report without any undue delay.


Use of Study Documents

Except as provided in the Quotation section below, the user is not allowed to distribute, reproduce and/or publish the Study Documents.

The user is not allowed to use Study Documents for any regulatory or commercial purposes, which includes, without limitation, any use by the user and/or any third party that could reasonably be understood to be for or in support of the creation of profit.


Quotation

The user may reproduce, distribute and communicate to the public reasonable parts of the Study Documents if these parts are included in an independent scientific work for the purpose of explaining the contents provided that the origin and Bayer’s copyrights are appropriately cited.


Liability

NEITHER BAYER AG NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO DATA AND INFORMATION CONTAINED IN THE STUDY DOCUMENTS, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND, FURTHERMORE, ASSUMES NO LIABILITY FOR ANY PARTY'S USE, OR THE RESULTS OF SUCH USE, OF ANY PART OF THE STUDY DOCUMENTS. NEITHER BAYER AG NOR ANY OF ITS AFFILIATES ARE OBLIGED TO PROVIDE ANY STUDY REPORTS.


Governing law

These Terms and Conditions for Access to Crop Protection Study Documents and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.


Jurisdiction

If the user is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Cologne (Germany) shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, Bayer or the user may file suit before any court of competent jurisdiction.