FOR PUBLISHERS ROW EBOOKS
These terms, when confirmed by completion of the registration form and initiation of the service, constitute the entire License Agreement of the parties regarding subscription to the Publishers Row eBooks (hereafter referred to as the eBooks) hosted by Publishers Row on behalf of publishing clients (aka Publisher/s).
Access to and use of the eBooks are provided by paid subscription through a non-exclusive license which provides for access and use by authorized users at subscribing institutions or as individuals. “Authorized User” means anyone who has purchased the service for themselves or is part of the group of users on whose behalf the Licensee has purchased the service, i.e. eBooks facilities and/or affiliates of the Licensee such as students, faculty, congregants, or employees.
Only Authorized Users are permitted to use the eBooks.
The content of the eBooks shall consist of accessible content made up of all books purchased and/or subscribed to and/or rented from individuals and/or organizations to which they belong (the details of purchase/subscription are contained either in the Invoice, e-mailed Confirmation of Order, or separate Addendum to this Agreement).
Thus, not all available content is accessible to all eBooks authorized users and may vary substantially among eBooks users. A list of all currently accessible eBooks can be found in the Licensee's account with Publishers Row.
Use of eBooks
Under no circumstances may the Licensee (a) remove, obscure, or modify any copyright or other notices included in eBooks materials; or (b) use materials in a manner that would infringe the copyright therein. When copyrights and restrictions are not explicitly enforced by the eBooks using technical means, the usage must not imply their disregard.
Licensee shall use reasonable efforts to protect the eBooks from any use that is not permitted under these Terms. In the event of violation of the Terms, Licensee agrees to consider the imposition of further restrictions on access to eBooks. In the event of any unauthorized use of the eBooks by an Authorized User, (a) Publishers Row may suspend or terminate such Authorized User's access to the eBooks, (b) upon notice to Licensee except in exigent circumstances, Publishers Row may suspend or terminate the access of the Internet Protocol (“IP”) address(es) from which such unauthorized use occurred, and/or (c) Licensee shall suspend or terminate such Authorized User's access to the eBooks upon Publishers Row's request.
Unless other terms are specified in advance, Publishers Row shall make content available online to Licensee within ten (10) days of Licensee registration or when the content becomes available.
Access to the eBooks shall be controlled through the use of IP addresses and/or, at the eBooks’s sole discretion, User Names and Passwords. Unless controlled by Publishers Row, licensee shall be responsible for issuing and terminating passwords, verifying the status of Authorized Users, providing lists of valid passwords or sets of IP addresses to the eBooks, and updating such lists on a regular basis.
Support will begin with the initiation of the service. Support will be available in English through the use of the contact form or by phone (toll-free 1-866-322-0993 when calling from the U.S. or Canada; and 1-847-568-0593 when calling from outside of the U.S.).
Continuing support will include:
§ Troubleshooting to find solutions to individual problems
§ Regular system and project updates via e-mail
§ Maintenance of help files and user documentation online
Licensee is responsible for establishing and maintaining hardware and Internet access to provide access to, and to transmit, the eBooks to Authorized Users. Licensee understands that Internet browser software is required to access the eBooks. The following hardware and software are required or recommended in order to access the eBooks. These requirements and recommendations will change as computer hardware and software technology evolves.
§ Internet connectivity
§ Graphical web browser
§ Mac, PC, or UNIX workstations with TCP/IP installed
Recommendations for Optimal Performance:
§ Internet connectivity with at least 1.5 mbits/sec data transfer capacity
§ Monitor with resolution of at least 800x600
§ Netscape 6.0 and above; Internet Explorer 5.0 and above; Safari 1.0 and above
§ Minimum of 32M of RAM memory
Term and Termination
The term of each subscription shall continue in effect indefinitely.
The day of the initiation of the service will be considered the License Agreement Date, and will automatically renew for successive terms of equal length unless no payment has been received at least ten (10) days prior to the end of the current term.
The initiation of eBooks service (not including the time provided for evaluation of the service or free trial period) is also considered to be the acceptance of this Agreement.
In the event that either party believes that the other has materially breached any obligations under these Terms, or if Publishers Row believes that Licensee has exceeded the scope of the License, such party shall so notify the breaching party in writing. The breaching party shall have thirty (30) days from the receipt of notice to remedy the alleged breach and to notify the non-breaching party in writing that the remedy has been effected. If the breach is not remedied within the thirty (30) day period, the non-breaching party shall have the right to terminate the service without further notice. In addition, Publishers Row may terminate the service on sixty (60) days' written notice if, in Publishers Row’s reasonable opinion, the cumulative effect of violations of User Rules by Authorized Users justifies such termination.
Upon termination of the service all online access to the eBooks by Licensee and Authorized Users shall be terminated.
The titles that have been purchased and have been delivered as downloads or on courtesy CD-ROMs in encrypted PDF format will remain in the possession of the Licensee for use offline on the library computer/s and, if online and hosted by others, in such a way as to prevent any re-distribution of content unintended by the copyright owner.
Fees and Payments
Licensee shall make payments to Publishers Row within 30 days of receipt of e-mailed invoices.
Any payments made more than thirty (30) days after they are due and payable shall be subject to a 10% penalty charge.
All payments shall be made using either Visa, MasterCard, American Express, or Discover; OR by check drawn on a U.S. Bank and delivered to Publishers Row 9001 Keating Avenue, Skokie IL, 60076, USA; OR by wire to: Chase (SWIFT: CHASUS33); Publishers Row; Routing # 071000013; Account # 1115001672539.
Licensee shall be responsible for all costs associated with establishing access to the eBooks, including but not limited to any telecommunications or other charges imposed by carriers, proprietary network operators and Internet access providers, or licenses for browser software, if any. Licensee shall also be responsible for all costs associated with any possible single-page/screen printing from eBooks, and for any taxes relating to Licensee's or Authorized Users’ use of eBooks.
Licensee hereby recognizes and agrees that the eBooks and all intellectual property are proprietary to Publishers Row or eBooks' publisher/s, subject to the rights of third parties therein. Licensee hereby warrants that it will not, during the term of the License Agreement or any time thereafter, attach, dispute, or contest, directly or indirectly, Publishers Row’s and/or hosted eBook publishers' right and title in and to the eBooks, nor assist or aid others to do so.
Neither party may use the other’s name or trademark(s) in a way likely to cause confusion as to the origin of goods or services, or to endorse or show affiliation with the other, except as specifically approved.
Notwithstanding the foregoing, (a) Publishers Row may use Licensee’s name and/or the name of the eBooks in brochures or other materials to identify Licensee as a recipient of the eBooks services and (b) Licensee is encouraged to use eBooks to announce its participation to Authorized Users.
Licensee may provide electronic links to the eBooks from Licensee’s web page(s) and catalog, and is encouraged to do so in ways that will increase the usefulness of the eBooks to Authorized Users. Publishers Row's staff will provide assistance to Licensee upon request in creating such links effectively. Licensee agrees to make changes in the appearance of such links and/or in statements accompanying such links as reasonably requested by Publishers Row. Other than the creation of such links, Licensee shall not modify, manipulate, or create a derivative work from the eBooks without the prior written permission of Publishers Row.
Representations and Warranties
Each party hereby represents and warrants that it is duly organized and validly subsisting and has full authority to enter into the License Agreement and to bind the party to the terms and conditions herein. Each party further represents and warrants that it has caused the License Agreement to be executed by a duly authorized representative.
Licensee represents and warrants that (a) the list of IP addresses and/or passwords provided for the eBooks is accurate and valid, and (b) Licensee shall exert reasonable efforts to maintain sufficient security with respect to such IP addresses and/or passwords such that no one other than Authorized Users is or will be able to access the eBooks.
Licensee represents and warrants that it is providing no IP addresses to the eBooks that pertain to anyone else other than those listed or indicated on the License Agreement, or for which access has otherwise been agreed upon in writing by Publishers Row. Publishers Row reserves the right to assess additional fees and require additional license terms or separate license agreements in the event that Licensee provides IP addresses pertaining to campuses with their own Carnegie designation other than those campuses listed or indicated on the License Agreement. Licensee represents and warrants that it is not providing access to the eBooks to campuses with their own Carnegie designations other than those campuses listed or indicated, or for which access has otherwise been agreed to in writing by Publishers Row. Publishers Row reserves the right to assess additional fees and require additional license terms or separate license agreements in the event that campuses with their own Carnegie designations other than those campuses listed are sought to be added in the future.
The eBooks has been developed and is maintained with reasonable professional care. Publishers Row shall use reasonable efforts to provide continuous availability of the eBooks online subject to periodic unavailability due to maintenance of the server(s), the installation or testing of software, the loading of books as they become available, and downtime related to equipment or services outside the control of the eBooks, including public or private telecommunications services or internet nodes or facilities.
Publishers Row represents and warrants that use of the eBooks by Authorized Users in accordance with these terms shall not infringe the copyright of any third party. The foregoing shall not apply, however, to modifications or derivative works in the eBooks created by Licensee or by any third party, nor to improper usage of the eBooks by Authorized Users. Subject to constraints imposed by or in agreement with the publishers or other copyright holders of the books included in the eBooks, Publishers Row shall use reasonable efforts to ensure that the books contained in the eBooks are either complete and faithful replications of the print versions or digital enhancements of such books or are completely new and original electronic books. Publishers Row makes no representation or warranty, however, and expressly disclaims any liability with respect to the content of any materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Notwithstanding the foregoing, Licensee agrees to notify Publishers Row of any infringement, libel, or other claim pertaining to any materials of which Licensee becomes aware. Upon such notification or if Publishers Row learns of such a claim from another source, Publishers Row may remove such materials from eBooks pending the resolution of such claim.
OTHER THAN THE EXPRESS WARRANTIES STATED IN THIS SECTION, THE eBooks IS PROVIDED ON AN “AS IS” BASIS, AND PUBLISHERS ROW DISCLAIMS ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN), RELATING TO THE eBooks OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PUBLISHERS ROW MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORK TIME BOMB, LOGIC BOMB OR OTHER SUCH COMPUTER PROGRAM. PUBLISHERS ROW FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS, OR TO ANY THIRD PARTY.
Publishers Row shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from the unavailability of the eBooks, interruption of the services provided hereunder, or arising out of or in connection with Licensee's use of materials. If the eBooks fails to operate in conformance with these Terms, Licensee shall immediately notify Publishers Row, and Publishers Row’s sole obligation shall be to repair the nonconformity. In no event shall Publishers Row’s liability exceed the fees paid to Publishers Row by Licensee. Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, even if advised of the possibility of a claim.
All notices given pursuant to the License Agreement shall be in writing and may be delivered by hand or by overnight carrier, or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile or email, confirmation copies must be sent as specified above. Either party may from time to time change its Notice Address by written notice to the other party.
These terms, when confirmed by a completion of the registration form, making of the initial payment, and the initiation of the service, constitute the entire License Agreement of the parties regarding the eBooks hosted for the benefit of licensees by Publishers Row on behalf of eBook publisher/s. No modification or claimed waiver of any provision of these Terms shall be valid except by written amendment signed by authorized representatives of Publishers Row and Licensee.
Any amendments may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one agreement.
Nothing contained herein shall be deemed to create an agency, joint venture, or partnership relationship between the parties.
Waiver of any provision herein shall not be deemed to be a waiver of any other provision herein, nor shall waiver of any breach of the License Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this License Agreement.
If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Neither party may assign or transfer, directly or indirectly, all or part of its rights or obligations under the License Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
The License Agreement shall be governed and construed according to the laws of the State of Illinois applicable to contracts made and fully performed within that State. Exclusive jurisdiction of all disputes hereunder shall lie in the federal and state courts sitting in Cook County, Illinois, to whose jurisdiction the parties submit.