Terms And Conditions For Access To And Use Of Crop Protection Safety Data

Rationale for the Grant of a License upon Request to BASF’s Crop Protection Safety Data

BASF is committed to increased transparency of safety-related crop protection data. BASF acknowledges the interest of the general public in better understanding the safety-related aspects of its crop protection active substances and products, and what kind of studies have been performed by or on behalf of BASF to assess product safety. BASF welcomes this opportunity to contribute to the scientific dialogue about the safety of modern crop protection products.

This document sets forth the Terms and Conditions for Access to and Use of Crop Protection Safety Data (hereinafter, the "Terms and Conditions") that shall apply to access requests made via the BASF Regulatory Data Transparency webpage and to the subsequent use of specific study summary reports and/or test reports concerning crop protection active substances and products registered and/or placed on the market by BASF SE or any of its affiliates ("BASF") which are made available upon approved access request via that webpage ("Safety Data").

BASF provides the general public access to its Safety Data via a license granted subject to these Terms and Conditions.

Further, BASF does not offer Safety Data access under these Terms and Conditions to any third parties for use towards any commercial purposes, including but not limited to regulatory purposes to obtain regional or country-specific marketing authorizations (hereinafter "commercial/regulatory purposes"). BASF does not grant any license under these Terms and Conditions to any third party who intends to use or promote third party use of the Safety Data for any commercial/regulatory purposes whatsoever, or who acts, directly or indirectly, on behalf of or to the advantage of any third party who intends to use, or promote, or has used or promoted the Safety Data for any commercial/regulatory purposes.

Conditions for Submitting a Request for Safety Data Access

BASF invites any individual member of the general public to submit a request for access to a specific Safety Data study test report as specified in the request form except for or on behalf of third parties planning to use or using the Safety Data for any commercial/regulatory purposes. Any grant of access is conditioned on the requestor’s express acceptance of and agreement with these Terms and Conditions. For the avoidance of doubt, employees from other crop protection companies that develop, register or place onto the market crop protection products shall be deemed to have the intent to use the Safety Data for commercial/ regulatory purposes and, therefore, would not be granted access.

Should BASF decide to grant Safety Data access to any third party for commercial purposes, it will do so via a suitably limited nondisclosure agreement that does not waive these Terms and Conditions. Such requestors will continue to be barred from obtaining Safety Data under these Terms and Conditions.

Verification of the Access Request

Each request for access to BASF’s Safety Data will be verified by BASF. In case of doubt regarding the fulfilment of the above Conditions for Submitting a Request of Safety Data Access, BASF may refuse access to the Safety Data without stating any reasons for such refusal. Although BASF’s intention is to grant access to all those who fulfill the referenced Conditions for Submitting a Request of Safety Data Access, BASF is not obliged to satisfy any specific request.

Conditions of Use of the Safety Data

Upon acceptance of the request for access to the Safety Data, the submission of the Safety Data will be governed by a license granted by BASF to the requestor. The license shall be royalty-free, non-exclusive, non-transferable and non-assignable, and subject to the following conditions:

• The scope of the license is limited to one copy of the Safety Data requested.
• The copy is made available by BASF for the personal use of the requestor. The requestor is not entitled to copy or otherwise reprocess, transmit to a third party, circulate or make publicly available, in hard copy or electronically, the Safety Data, except for scientists who wish to quote (extracts from) the Safety Data as evidence in a scientific study, provided that the source is acknowledged and BASF is duly marked as copyright holder (whenever applicable).
• In no event may the requestor use or have used the Safety Data for any commercial/regulatory purposes, nor may he directly or indirectly act on behalf of or to the advantage of any third parties that may use or have used the Safety Data for any commercial/ regulatory purposes.
• BASF has the right to revoke any license at any time without stating any reason(s), at which point the requestor shall then immediately return to BASF the Safety Data received and either return or delete any copy/material associated thereto and provide BASF with affirmative evidence thereof

Any grant of a license regarding the use of the requested Safety Data shall not be construed as a waiver of BASF’s proprietary and/or intellectual property rights of any kind, nor shall any such grant be construed as a waiver of BASF’s rights to claim exclusive use rights and/or data compensation claims in regard to any proposed or actual third-party use of the Safety Data. BASF fully reserves its rights to take action to defend and otherwise protect any such rights or claims under any legal basis in any competent jurisdiction.

Liability

The Safety Data are provided by BASF on an "as is" basis. To the extent permitted by law, BASF makes no warranty or guarantee of any kind, neither express or implied, with regard to the Safety Data, including but not limited to its correctness or completeness, its precision or accuracy, or fitness for a particular purpose, nor to any information contained therein. Further, and to the extent permitted by law, neither BASF nor anyone else involved in creating, producing or delivering the Safety Data assumes any liability caused by or in connection with any third-party use of the Safety Data under any legal basis, including but not limited to any direct, indirect or consequential damages arising out of the use of the Safety Data or the inability to use the Safety Data.

Governing law and Jurisdiction

These Terms and Conditions for Access to and Use of Crop Protection Safety Data shall be construed and be subject to the substantive laws of the Federal Republic of Germany with the exclusion of (i) the United Nations Convention on Contracts for the International Sale of Goods ("CISG") dated 11 April 1980 and (ii) the applicable law rules in Germany on the conflict-of-laws, except to the extent provided otherwise by any mandatory conflict-of-laws rules which shall prevail.

The requestor consents, to the extent permitted by law, to BASF pursuing effective remedies before any courts and /or tribunals of competent jurisdiction in order to seek recourse for misuse of the Safety Data or any information contained therein, including but not limited to injunctive relief and/or damages to the full extent provided by law.