BookBrowse for Libraries: License Terms.

BookBrowse For Libraries

TERMS OF USE: BOOKBROWSE LICENSE AGREEMENT

By using the services available at this website or by making the services available to Authorized Users, the Authorized Users and the Licensee agree to comply with the following terms and conditions (the "Agreement"). For purposes of this Agreement, "BookBrowse" is BookBrowsers LLC, or their legal assignee, and its website at bookbrowse.com; the "Websites" are the Internet websites offered or operated by Licensee from which Authorized Users can obtain access to BookBrowse's information and services; the "Licensee" is the entity or institution that makes available services offered by BookBrowse; and the "Authorized User(s)" are employees, students, registered patrons, walk-in patrons, or other persons affiliated with Licensee or otherwise permitted to use Licensee's facilities and authorized by Licensee to access Information.

I. LICENSE

A. BookBrowse hereby grants to the Licensee a nontransferable and non-exclusive right to use the information made available by BookBrowse according to the terms and conditions of this Agreement. The Information made available to Authorized User is the subject of copyright protection, and the original copyright owner retains the ownership of the Information and all portions thereof. BookBrowse does not transfer any ownership, and the Licensee and Websites may not reproduce, distribute, display, modify, transfer or transmit, in any form, or by any means, any part of BookBrowse without the prior written consent of BookBrowse, except as specifically authorized in this Agreement.

B. The Licensee is authorized to provide on-site access through the Websites to BookBrowse to any Authorized User. The Licensee and Websites are authorized to provide remote access to BookBrowse only to their patrons as long as security procedures are undertaken that will prevent remote access by institutions, employees at non-subscribing institutions or individuals that are not parties to this Agreement who are not expressly and specifically granted access by BookBrowse. This specifically prohibits employees and patrons at non-subscribing institutions from using their personal library card to access Websites via their library. Excepting that licensees who subscribe to "in-library access only" are not authorized to provide remote access to their patrons.

C. Licensee and Authorized Users agree to abide by the Copyright Act of 1976 as well as any contractual restrictions, copyright restrictions, or other restrictions provided by publishers and specified at BookBrowse. Pursuant to these terms and conditions, the Licensee and Authorized Users may download or print limited copies of citations, abstracts, full text or portions thereof provided the information is used solely for personal, non-commercial use. Users shall not utilize the records contained in BookBrowse for cataloging purposes. The Licensee shall take all reasonable precautions to limit the usage of the Website(s) to those specifically authorized by this Agreement.

D. Authorized Websites may be added or deleted from this Agreement as mutually agreed upon by BookBrowse and Licensee.

E. Licensee agrees to comply with the Copyright Act of 1976, and agrees to indemnify BookBrowse against any actions by Licensee that are not consistent with the Copyright Act of 1976.

II. LIMITED WARRANTY AND LIMITATION OF LIABILITY

A. BookBrowse disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. BookBrowse neither assumes nor authorizes any other person to assume for BookBrowse any other liability in connection with the licensing of the Website(s) under this Agreement and/or its use thereof by the Licensee and Websites or Authorized Users.

B. THE MAXIMUM LIABILITY OF BOOKBROWSE AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY BOOKBROWSE FROM LICENSEE HEREUNDER IN THE 12 MONTHS UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL BOOKBROWSE OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE INFORMATION OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

III. PRICE AND PAYMENT

A. License fees have been agreed upon by BookBrowse and the Licensee, and include all retrospective issues of the Product(s) as well as updates furnished during the term of this Agreement. The Licensee's obligations of payment shall be to BookBrowse or its assignee. Payments are due upon receipt of invoice(s) and will be deemed delinquent if not received within thirty days of the invoice date(s). Delinquent invoices are subject to interest charges of twelve percent per annum on the unpaid balance (or the maximum rate allowed by law if such rate is less than twelve percent). The Licensee will be liable for all costs of collection. Failure or delay in rendering payments due BookBrowse under this Agreement will, at BookBrowse's option, constitute material breach of this Agreement. If changes are made resulting in amendments to the Listing of Authorized Websites, Product(s) and Pricing identified in this Agreement pro rata adjustments of the contracted price will be calculated by BookBrowse and invoiced to the Licensee and/or Websites accordingly as of the date of any such changes. Payment will be due upon receipt of any additional pro rata invoices and will be deemed delinquent if not received within thirty days of the invoice dates.

B. Taxes, if any, are not included in the agreed upon price and may be invoiced separately. Any taxes applicable to the Website(s) under this Agreement, whether or not such taxes are invoiced by BookBrowse, will be the exclusive responsibility of the Licensee and/or Websites.

IV. TERMINATION

A. In the event of a breach of any of its obligations under this Agreement, Licensee shall have the right to remedy the breach within thirty (30) days upon receipt of written notice from BookBrowse. Within the period of such notice Licensee shall make every reasonable effort and document said effort to remedy such a breach and shall institute any reasonable procedures to prevent future occurrences of such breaches. If the Licensee fails to remedy such a breach within the period of thirty (30) days, BookBrowse may (at its option) terminate this Agreement upon written notice to the Licensee.

B. If BookBrowse becomes aware of a material breach of Licensee's obligations under this Agreement or a breach by Licensee or Authorized Users of the rights of BookBrowse or its licensors or an infringement on the rights of BookBrowse or its licensors, then BookBrowse will notify the Licensee immediately in writing and shall have the right to temporarily suspend the Licensee's access to the Product(s). Licensee shall be given the opportunity to remedy the breach or infringement within thirty (30) days following receipt of written notice from BookBrowse. Once the breach or infringement has been remedied or the offending activity halted, BookBrowse shall reinstate access to the Information. If the Licensee does not satisfactorily remedy the offending activity within thirty (30) days, BookBrowse may terminate this Agreement upon written notice to the Licensee.

C. The provisions set forth in Sections I and II of this Agreement shall survive the term of this Agreement and shall continue in force into perpetuity.

V. GENERAL

A. Neither BookBrowse nor its licensors will be liable or deemed to be in default for any loss of information, delays, or failure in performance resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood, accidents, earthquake(s), strikes or labor shortages, transportation facilities shortages or failures of equipment, or failures of the Internet.

B. This Agreement and the license granted herein may not be assigned by the Licensee to any third party without written consent of BookBrowse.

C. If any term or condition of this Agreement is found by a court of competent jurisdiction or administrative agency to be invalid or unenforceable, the remaining terms and conditions thereof shall remain in full force and effect so long as a valid Agreement is in effect.

D. If the Licensee and/or Websites use purchase orders in conjunction with this Agreement, then the Licensee and/or Websites agree that the following statement is hereby automatically made part of such purchase orders: "The terms and conditions set forth in the BookBrowse License Agreement are made part of this purchase order and are in lieu of all terms and conditions, express or implied, in this purchase order, including any renewals hereof."

E. This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings, written and/or oral. There are no representations, warranties, promises, covenants or undertakings, except as described herein.

VI. CHOICE OF LAW AND FORUM
This Agreement will be governed by the laws of the Commonwealth of Massachusetts. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the Commonwealth of Massachusetts and you agree to personal jurisdiction by the state and federal courts sitting in Plymouth, Massachusetts. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.

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