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Terms of Use

LICENSING AGREEMENT FOR FACTS ON FILE NEWS SERVICES INTERNET SERVICES

1. Service and Content. Facts On File News Services database modules are an online research and reference information service owned and controlled by the Facts On File News Services (FOFNS) business division of Infobase Publishing. Your institution ("Subscribing Institution") desires to obtain authorized access to one or more FOFNS database modules (the "Service"). Subscribing Institution acknowledges that the contents, features, and other aspects of the Service may change from time to time. The databases accessible as part of the Service are defined in the order confirmation form, executed separately from this Agreement. In the event a database is discontinued, a pro rata credit will be afforded. Additional content modules that are not included under this Agreement may from time to time be added to the Service, but subscription to them will be the subject of supplemental charges.

2. License to Use the Service and Scope of Use. Conditioned upon timely payment of the subscription fee, FOFNS grants to Subscribing Institution a non-exclusive, non-transferable, revocable license to access and use the Service solely for educational, research, scholarly, and personal uses, on the terms recited in this Agreement.

By accessing the Service and by completing and returning the order confirmation form, Subscribing Institution accepts and agrees to the terms and conditions contained herein. Only Authorized Users of Subscribing Institution shall be entitled to access and use the Service under this license. 'Authorized Users' shall consist solely of Subscribing Institution's employees, staff, faculty (if Subscribing Institution is a school), students (if Subscribing Institution is a school) formally enrolled in or with formally documented access rights to Subscribing Institution, and other users authorized by the Subscribing Institution ('Other Authorized Users') who would in the normal course of business be in periodic attendance at or connected to the electronic access facilities of the Subscribing Institution (for example, public library patrons).

Authorized Users shall, subject to copyright and other applicable laws and the terms and conditions of this Agreement, be entitled to search, retrieve, display, download, and print for individual use single copies of content contained in the Service solely for educational, research, scholarly, and personal uses, but may make no other uses of such content without the express written permission of FOFNS. Authorized Users may be authorized by the Subscribing Institution to be able to access the service remotely. Remote access shall be authenticated by a username and password combination. FOFNS may also authorize remote access through a Subscribing Institution's Internet home page using a unique identifier (e.g. library card number), but such authorization shall be at the discretion of FOFNS and must be in writing.

All rights not expressly granted to Subscribing Institution by this Agreement are expressly reserved by FOFNS and its licensors.

3. Access. Subscribing Institution is authorized to provide on-site access to the Service to any Authorized User. Subscribing Institution is authorized to provide remote access to the Service to its patrons only as long as security procedures are undertaken to prevent access by entities other than Subscribing Institution and its patrons. Unless an alternative secure means of access has been approved by FOFNS, all Authorized Users who avail themselves of remote access pursuant to this Agreement must, as a condition precedent to remote usage, log on to the Subscribing Institution's local secure network using a library card, password or other means of identification to access the Service. Remote access to the Service is permitted to patrons of Subscribing Institution accessing from remote locations for personal, non-commercial use. Subscribing Institution acknowledges that it is aware that remote access to the Service from non-subscribing institutions may constitute copyright infringement if the purpose of the access is for commercial gain, cost reduction or avoidance of fees for a non-subscribing institution.

4. Term of Agreement and Termination. The term of this Agreement shall be for the subscription period beginning on the date as noted on the Subscribing Institution's order confirmation form, executed separately from this Agreement, or as noted in the email order confirmation, and ending on the day after the subscription period noted on the order confirmation form or email order confirmation has elapsed. Either FOFNS or Subscribing Institution may terminate this Agreement at any time if the other party commits a material breach of any term or condition of this Agreement, and (except as provided in Paragraph 5) the breach remains uncured for thirty (30) days after written notice of the breach has been furnished to the breaching party. Upon any termination or expiration of this Agreement, the license granted in Section 2 shall terminate immediately and all access to the Service for the Subscribing Institution and Subscribing Institution's Authorized Users shall cease.

 

 

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5. Payment to FOFNS. Subscribing Institution shall pay the subscription fee, as agreed separately, in full within forty-five (45) days of the receipt of an invoice from FOFNS, unless Subscribing Institution and FOFNS expressly agree otherwise in writing. All payments to FOFNS by Subscribing Institution shall be in United States dollars. Notwithstanding the provisions for cure in Paragraph 4, Subscribing Institution's failure to pay the subscription fee to FOFNS when due shall give FOFNS the right to terminate this Agreement forthwith and without further notice.

6. Rights in the Content and the Service. All content provided by FOFNS in the Service is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by FOFNS. Facts On File, Issues and Controversies On File, Today's Science On File, Editorials on File are trademarks of FOFNS.

7. Warranties, Disclaimers, and Limitation of Liability. FOFNS warrants that it has the authority to enter into this Agreement and to grant all licenses made under this Agreement. Subscribing Institution warrants that it has the authority to enter into this Agreement and to perform all of its obligations under this Agreement. DISCLAIMER OF WARRANTY: THE SERVICE IS LICENSED 'AS IS' WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR RESULTS THAT MAY BE OBTAINED BY USING THE SERVICE. NEITHER FOFNS NOR ITS PARENT AND AFFILIATES WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE SUBSCRIBING INSTITUTION ASSUMES THE ENTIRE RISK WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE SERVICE.

LIMITATION OF LIABILITY: FOFNS’ AND ITS LICENSORS' AND DISTRIBUTORS' ENTIRE LIABILITY TO SUBSCRIBING INSTITUTION, AND SUBSCRIBING INSTITUTION'S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES OR ANY LOSS IN ANY WAY CONNECTED TO THE SERVICE OR THE CONTENT CONTAINED IN THE SERVICE, SHALL BE LIMITED TO THE AMOUNT OF THE SUBSCRIPTION FEE ACTUALLY PAID TO FOFNS. NEITHER FOFNS NOR ANY OF ITS LICENSORS, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS, RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCT EVEN IF FOFNS OR ITS PARENT OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY CLAIM OR CAUSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO A GIVEN SUBSCRIBING INSTITUTION OR AUTHORIZED USER. TO DETERMINE WHETHER AN EXCLUSION OR LIMITATION IS PERMITTED, LOCAL LAW SHOULD BE REVIEWED.

8. Software License. For any software for the Service provided by FOFNS to Subscribing Institution ("FOFNS Software"), FOFNS grants Subscribing Institution and the Authorized Users a non-exclusive, non-transferable, revocable license to copy and use the FOFNS Software solely to establish a connection to access and use the Service in accordance with the provisions of this Agreement. The FOFNS Software and all proprietary rights within the software are the sole and exclusive property of FOFNS and/or its licensors. This license to use the FOFNS Software terminates automatically upon the termination or expiration of this Agreement. Subscribing Institution and the Authorized Users may not modify the FOFNS Software in any manner, nor may they reverse engineer, decompile, translate, disassemble or make any derivative works from the FOFNS Software. FOFNS’ ENTIRE LIABILITY TO SUBSCRIBING INSTITUTION AND SUBSCRIBING INSTITUTION'S SOLE AND EXCLUSIVE REMEDY REGARDING FOFNS SOFTWARE SHALL BE THE REPLACEMENT OF THE WAEG SOFTWARE PROGRAM BY WAEG.

RESTRICTED RIGHTS LEGEND. Any software or documentation that is either downloaded from the Service or otherwise provided under an agreement for or on behalf of the United States of America, its agencies and/or instrumentality's ("U.S. Government"), including the FOFNS Software, is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at 48 CFR 252.227-7013(c)(1)(ii), and copyrighted material is furnished pursuant to the reservation of all rights not specifically granted herein, and is specifically reserved by the regulation Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19 (c)(3), as applicable. Manufacturer is FOFNS, 132 West 31st Street, New York, N.Y. 10001.

9. General.

Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to its subject matter. No promise or representation that is not set forth in this document has induced Subscribing Institution to enter this Agreement.

Modifications, Amendments, and Waivers. Any modifications or amendments to this Agreement shall be effective only in a written instrument signed by the authorized representatives of both parties. Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.

Severability. If any provision of this Agreement is found invalid or unenforceable pursuant to a decree or decision of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable according to its terms.

Notices. All notices under this Agreement shall be in writing and may be delivered personally, by fax (with confirmation originals by mail), or by certified mail - return receipt requested, to the addresses and fax numbers specified in the order confirmation form or to those other addresses and fax numbers the parties are subsequently notified of in accordance with this Section 10. Any notice given as provided for shall be deemed to have been given on the date of delivery against the fax or certified mail receipt or on the date of actual receipt, whichever is earlier.

Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its principles of the conflicts of laws.

Assignment. This Agreement shall be binding upon and inure to the benefit of FOFNS and Subscribing Institution and their successors, trustees, and permitted assigns. Except in the case of a merger, acquisition, or sale of substantially all of the assets of a party, Subscribing Institution may not assign this Agreement, or any of its rights or obligations under this Agreement, without the prior written consent of FOFNS.

FACTS ON FILE NEWS SERVICES

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