Transparency Terms and Conditions
Terms and Conditions for Access to Crop Protection and/or GM seeds and traits Study Documents
Introduction
The following Terms and Conditions for Access to Crop Protection and genetically modified [GM] seeds and traits Study Documents [Terms and Conditions] apply to requests and the subsequent provision of study summaries and study reports concerning crop protection active substances and/or crop protection products and/or GM seeds and traits [Covered 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. However, Bayer is not obliged to provide any Study Reports.
Purpose
Bayer is disclosing safety related Study Documents of its Covered Products in the hope to foster the societal and scientific dialog on modern agriculture. Such disclosures are made with the intent to support 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 any Covered Product Study Documents being disclosed under these Terms and Conditions for any commercial and/or regulatory purposes is strictly forbidden.
No provision of Study Documents to the benefit of other agricultural companies (including but not limited to crop protection product companies)
By making a request to receive Study Documents the user confirms that he/she is not directly engaged in or intending to become engaged in the commercialization of agricultural products (including but not limited to crop protection products and/or GM seeds and traits) and is not acting on behalf of or for the benefit of any third party which is directly or indirectly engaged in the commercialization of agricultural products (including but not limited to crop protection products and/or GM seeds and traits).
License regarding Study Reports provided
The user acknowledges that Study Reports may be 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 Covered Products 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 and shall not further use the Study Report for any purpose.
Use of Study Documents
Except as provided in the Quotation Rights 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 Rights
The user may reproduce, distribute and communicate reasonable parts of the Study Documents if these parts are included in an independent scientific work for the purpose of furthering scientific debate and/or explaining the Study contents provided that the origin and Bayer’s copyrights are appropriately cited.
No Warranties and Limitation of Liability
BAYER DOES NOT 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.
BAYER SHALL ONLY BE LIABLE IN CASE OF (i) INTENT, (ii) GROSS NEGLIGENCE, (iii) LOSS OF LIFE, BODILY INJURY OR DAMAGE TO HEALTH IN ACCORDANCE WITH THE APPLICABLE LAW (AS SET OUT UNDER “GOVERNING LAW” BELOW). WITH THE EXCEPTION OF THE CASES SET OUT IN THE PREVIOUS SENTENCE, BAYER IN PARTICULAR ASSUMES NO LIABILITY FOR ANY PARTY'S USE, OR THE RESULTS OF SUCH USE, OF ANY PART OF THE STUDY DOCUMENTS .
BAYER IS NOT OBLIGED TO PROVIDE ANY STUDY REPORTS.
Governing law
These Terms and Conditions 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.