Routledge Encyclopedia of Philosophy Online
Institutional License Agreement
Provided the Licensee agrees to be bound by the terms and
conditions of this License, on completion of the
Registration Details and payment of the Electronic
Subscription Fee the Licensee will be granted the right to
use the Licensed Material on the terms and conditions of
this License.
1. DEFINITIONS
1.1 In this License the following words and expressions
shall have the following meanings:
'Authentication System'
A password, IP address or range of IP addresses and/or
other Authentication System satisfactory to the Licensor,
by which the Licensee will ensure that only Authorized
Users are given access to the Licensed Material
electronically online.
'Authorized User'
i) An individual who at the Effective Date or during the
License Period:
a. is employed by or under contract to the Licensee (on a
temporary, permanent or visiting basis), or who is
studying at the Licensee's Site or off Site; or
b. is a registered user of the Licensee's library or
information service; and
c. can access the Licensed Material onsite from a computer
terminal on the Licensee's Secure Network or offsite via a
modem link to a computer terminal which uses an
Authentication System satisfactory to the Licensor and is
connected to the Licensee's Secure Network or Client
Machines; and
d. has been notified by the Licensee of the restrictions
on use of the Licensed Material contained in Clause 2.3 of
this License.
ii) An individual who is not employed by or under contract
to or studying at the Licensee's Site but at the Effective
Date or during the License Period:
a. is permitted by the Licensee to use the Licensee's
reference facilities on an ad hoc basis; and
b. whom the Licensee wishes to authorize to have access to
the Licensed Material; and
c. who can access the Licensed Material onsite from a
computer terminal of the Licensee or offsite via a modem
link to a computer terminal which uses an Authentication
System satisfactory to the Licensor and is connected to
the Licensee's Secure Network; and
d. who has been notified by the Licensee of and agreed to
abide by the restrictions on use of the Licensed Material
contained in Clause 2.3.
'Effective Date'
The date of completion by the Licensee of the Registration
Details or of payment of the Electronic Subscription Fee,
if later.
'Electronic Subscription Fee'
The fee payable by the Licensee in consideration of the
grant to the Licensee of the Rights.
'Intellectual Property'
Copyright database rights, patents, design rights and
trademarks whether registered or unregistered,
semi-conductor, topography rights and all other industrial
or intellectual property rights existing in any
jurisdiction, and all rights to apply for the same.
'Licensed Material'
The Routledge Encyclopedia of Philosophy Online published
and made available by the Licensor electronically online.
'Licensee'
[name and address]
'Licensee's Client Machines'
The computer hardware from which the Licensee provides
online access to the Licensed Material over the Secure
Network to Authorized Users.
'License Period'
The period from the Effective Date as set out in the
Registration Details for which the Licensee is granted
rights.
'Licensor'
Taylor & Francis Group PLC., whose registered office is at
11 New Fetter Lane, London EC4P 4EE, United Kingdom, which
expression shall include any publishing imprint subsidiary
to or associated with the Publisher and the Publisher's
administrators or successors in business as the case may
be.
'Licensor's Server'
The computer hardware from which the Licensor will make
available for retrieval by the Licensee the Licensed
Material.
'Network'
The communication network or networks which link together
through computer software and/or telecommunication
satellite, cable or broadcasting services, or through any
other medium the Licensee's Client Machines and the
Licensor's Server.
'Registration Details'
Technical and contractual details provided by the Licensee
to the Licensor using the form supplied via the Routledge
Encyclopedia of Philosophy Online website, by post,
facsimile or any other means.
'Rights'
The non-exclusive, non-transferable right for the License
Period in relation to the whole or any part of the
Licensed Material, but only at the Site:
i) 'Licensor': to effect a link between the Licensee's
Client Machines and the Licensor's Server;
ii) 'Licensee': to access via the link the Licensed
Material held on the Licensor's Server and retrieve and
temporarily cache it in the browser or proxy cache of the
Licensee;
iii) 'Licensee': subject to the provisions of Clause 5 and
in each case for the purposes only of personal research
and/or private study by Authorized Users to give access to
the Licensed Material from the Licensee's Client Machines
over the Secure Network to Authorized Users and to permit
Authorized Users to search, view, retrieve and display on
the Authorized User's computer terminal, situated onsite
and/or (via the Authentication System) to a computer
terminal offsite, the Licensed Material; and to print
and/or download not more than one per cent of the
aggregate of the Licensed Material.
'Secure'
With regard to the Licensee's Client Machines or Network
from which access to Authorized Users is to be given,
'secure' shall mean only a server or network or networks
over which the Licensee can exercise control, so as to
comply with the terms of this License. A cache server or
other server network which can be accessed remotely by
unauthorized users is not secure for these purposes.
'Site'
The geographical site nominated by the Licensee from which
Authorized Users can via the Authentication System access
the Licensed Material through the Licensee's Client
Machines or Secure Network located at the Site or remotely
via the Site and which is (or are) designated for access
in the Registration Details completed by the Licensee. If
the Licensee occupies more than one geographical site (for
example if the Licensee is a multi-campus university) this
License will cover each geographical location from which
the Licensee wishes to provide access to the Licensed
Material.
2. GRANT OF RIGHTS; RESERVATION OF RIGHTS
2.1 In consideration of the payment of the Electronic
Subscription Fee and of the agreement by the Licensee to
abide by the terms of this License, the Licensor will, on
the completion by the Licensee of the Registration Details
and payment of the Electronic Subscription Fee, grant to
the Licensee for the License Period the Rights.
2.2 Nothing contained in this License gives the Licensee
or any Authorized User any rights in the Intellectual
Property or confidential information of the Licensor in
the Licensed Material.
2.3 Neither the Licensee, nor any Authorized User, shall
store transiently or permanently on any medium, transfer,
transmit, reproduce, loan to any third party, publish or
otherwise exploit, modify, or create derivative works
from, or combine with other material, the Licensed
Material except to the extent necessary to exercise the
Rights granted by this License. For the avoidance of
doubt, neither the Licensee nor any Authorized User shall
use the Licensed Material in whole or in part for the
purposes of inter-library loan, for any external
commercial re-use or for the creation of course packs or
similar collections of data.
2.4 The Licensor reserves the right at any time to
withdraw from the Licensed Material any component included
in it:
2.4.1 if the Licensor no longer retains the right to
publish such component;
2.4.2 if at the Licensor's sole discretion the Licensor
believes that there is at least a reasonable chance that
publication of it would amount to an infringement of
copyright database right defamation or any other unlawful
act.
3. USAGE RESTRICTIONS
The following are prohibited without the express
permission of the Licensor:
3.1 The rental, loan (free or for money or money's worth)
or hire purchase of the Licensed Material, save with the
express consent of the Licensor.
3.2 Any activity which raises the reasonable prospect of
impeding the Licensor's ability or opportunities to market
the Licensed Material.
3.3 Any provision of services to third parties using the
Licensed Material, whether by way of trade or otherwise.
3.4 Any electronic distribution or dissemination of the
Licensed Material save as expressly permitted by this
License.
3.5 Any alteration, amendment, modification or deletion
from the Licensed Material, whether for the purposes of
error correction or otherwise.
3.6 Permanent storage of more than one per cent of the
aggregate of the Licensed Material on the Licensee's
Client Machines or Network of Authorized Users or in any
other media in the Licensee's possession or under its
control.
4. DURATION OF LICENSE
4.1 This License shall commence on the Effective Date and
shall (subject at all times to earlier termination in
accordance with the provisions of this License) remain in
effect for the License Period at the end of which it shall
automatically expire unless the parties shall previously
have agreed to renew it.
5. OBLIGATIONS OF THE LICENSOR
5.1 The Licensor shall:
5.1.1 use all reasonable endeavours to ensure that the
Licensor's Client Machines have sufficient capacity band
width and rate of connectivity to provide the Licensee
with a quality of service comparable with the current
standards in the World Wide Web online information
provision industry for similar products;
5.1.2 provide the Licensee with all information necessary
to access the Licensed Material online;
5.1.3 use all reasonable endeavours to restore access to
the Licensed Material as soon as possible in the event of
an interruption or suspension of availability.
6. OBLIGATIONS OF THE LICENSEE
6.1 The Licensee shall:
6.1.1 insert in the Registration Details:
6.1.1.1 a list of valid IP addresses for Authorized Users
who will access Licensed Material from or via the Secure
Network or Secure Server at the Site (where access via IP
address is the required Authentication System);
6.1.1.2 any IP addresses which are not to be permitted
access to the Licensed Material (where access via IP
address is the required Authentication System);
6.1.2 amend Registration Details promptly and in any event
within 30 days following any additions, deletions or other
alterations to the list of valid IP addresses and excluded
IP addresses. Such alterations may require a modification
of the Electronic Subscription Fee;
6.1.3 obtain at its cost all telecommunications and other
equipment and software (including an Internet browser),
together with all relevant software Licenses to access the
Licensed Material from the Licensor's Server and
disseminate it over the Secure Network at the Site. The
Licensee accepts that the Licensor has no control over
such telecommunication services and that the Licensor
shall have no liability to the Licensee for the acts or
omissions of providers of telecommunication services or
for faults in or failures of their apparatus;
6.1.4 use all reasonable efforts to ensure that only
Authorized Users are permitted access to the Licensed
Material and that all Authorized Users abide by the
provisions of Clauses 2.3 and 3 of this License;
6.1.5 so soon as practicable after becoming aware of any
breach by an Authorized User of the terms of this License,
terminate such Authorized User's access to the Licensed
Material from the Site and notify the Licensor in writing
of such termination.
7. THE LICENSOR'S WARRANTIES
7.1 The Licensor warrants that it has the right to license
the Rights granted to the Licensee under this License.
7.2 The warranty set out in Clause 7.1 is in lieu of all
warranties, terms and conditions whether implied by or
arising under statute or common law, custom, trade usage
or course of dealing between the parties or otherwise, all
of which are hereby excluded to the fullest extent
permitted by law. The Licensed Material is provided on an
'as is' and 'as available' basis and accordingly the
Licensor does not give any warranty express or implied or
make any representation:
7.2.1 that the Licensed Material will be suitable for any
particular requirement of the Licensee or of any
Authorized User for any particular use by the Licensee or
by any Authorized User under specific conditions even if
such requirement or use or conditions may be known to the
Licensor; or
7.2.2 that the Licensor's online service will operate
error-free or without interruption or that any errors will
be corrected; or
7.2.3 that the Licensed Material is complete or accurate
or up to date.
8. LIMITATION OF THE LICENSOR'S LIABILITY
8.1 The Licensor's liability to the Licensee shall be
limited:
8.1.1 to exclude altogether liability, howsoever arising,
for loss of profits, loss of business or of anticipated
savings, loss of goodwill, loss of reputation and for any
other type of special, indirect, incidental or
consequential loss or damage;
8.1.2 by capping the Licensor's liability to the total
amount paid by the Licensee to the Licensor in connection
with this License.
9. TERMINATION
9.1 This License may be terminated by either party by
giving 30 days' notice in writing to the other if the
other party commits any material or persistent breach of
any term of this License and (in the case of a breach
capable of being remedied) shall have failed within 30
days after the receipt of a written request to remedy the
same.
10. EFFECT OF TERMINATION
10.1 On termination of this License for any reason:
10.1.1 the Licensee shall immediately cease to make
available to Authorized Users the whole or any part of the
Licensed Material;
10.1.2 the Licensee shall within 7 days delete any of the
Licensed Material held on the Licensee's Client Machines
or Network or which are otherwise in its possession or
under its control and shall certify to the Licensor that
this has been done, where required, and that no copies in
any media have been retained.
11. FORCE MAJEURE
The parties accept no responsibility for breaches of this
License occurring as a result of circumstances beyond
their control.
12. WAIVER
Any failure or delay by either party to exercise or
enforce any right conferred by this License shall not be
deemed to be a waiver of such right.
13. ENTIRE AGREEMENT
This License represents the entire agreement between the
Licensor and the Licensee concerning the Licensed
Material. The terms of this License supersede all prior
purchase orders, written terms and conditions, written or
verbal representations, advertising or statements relating
in any way to the Licensed Material.
14. SEVERABILITY
If any provision of this License is found to be invalid or
unenforceable by a court of law of competent jurisdiction,
such a finding shall not affect the other provisions of
this License and all provisions of this License unaffected
by such a finding shall remain in full force and effect.
15. VARIATIONS
This License may only be varied in writing by means of
variation signed in writing by both parties.
16. GOVERNING LAW AND JURISDICTION
16.1 If the Licensee's address as set out in the
Registration Details is located in the United States, the
terms and conditions of this License will be governed by
the laws of the state in which the Licensee is located. If
the Licensee's address as set out in the Registration
Details is outside the United States but within North
America, will be governed by laws of the State of New
York.
16.2 If the Licensee's address as set out in the
Registration Details is not located in North America, as
set out in Clause 16.1, the terms and conditions of this
License will be governed by English law and the English
courts shall have jurisdiction.
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