Classification Web
License Agreement
(For subscriptions begun May 1, 2002 - April 29, 2003)
This License Agreement ("Agreement"), effective as of the date
the Subscriber has received access to the Service after having paid
the fee, is made and entered into between the Library of Congress,
Cataloging Distribution Service ("Publisher"), of 101 Independence
Avenue, S.E., Washington, D.C. 20541, and ________________________
("Subscriber"), with a primary business address of ___________________________________________.
- Definitions
- Publisher: Library of Congress, Cataloging
Distribution Service.
- Subscriber: Licensee of the Service.
- Service: Classification Web, a product
providing World Wide Web access to Library of Congress Classification
schedules and Library of Congress Subject Headings.
- Subscription: Access of the Subscriber to
the Service for a renewable twelve-month period, beginning on
the date on which the Subscriber receives user name and password
access and/or IP address access from the Publisher.
- Server: The server, either the Publisher's
server or a third party server designated by the Publisher,
on which the Service is mounted and may be accessed.
- Authorized User: Users who are permitted
to access the Service pursuant to the Subscription, within the
limitations applicable to the subscription type and site.
- Solo User: The Authorized User under a Subscription
permitting access to the Service by one particular individual.
Access is by user name and password from any location where
the user has Web access.
- Concurrent User: Authorized Users under a
Subscription permitting access to the Service by a designated
number of users who may access the Service at the same time
using Subscriber user name and password or Subscriber designated
IP address.
- Subscriber's Site:
Public Library Site: is defined by geographic/service
area and is limited to a single main library and its branches
(i.e., libraries
under a single director/board of trustees). Authorized Users
are limited to current library staff and library patrons accessing
the Service while in the library or by Remote Access.
Academic Library Site: is limited by geographic
site and Authorized Users. Each geographically distinct campus
shall be treated as a separate site for purposes of the Service.
Authorized Users at academic institutions are limited to current
faculty and staff, currently enrolled students, and authorized
patrons of the Subscriber's library, who are primarily affiliated
with the licensed campus. On-site and Remote Access are permitted.
Special Library Site: is limited to a single
corporate or other special library (e.g.,
a law firm library). A separate subscription is required for
each geographically distinct operational entity. Authorized
Users are limited to current employees or patrons who are served
by the Special Library. On-site and Remote Access are permitted.
- Remote Access: Off-site access requiring the
Authorized User to first log on to the library system's local
computer using a current authorized library card or other library-controlled
authorization before accessing the Service.
- Fee: The fee for the Service set forth in Publisher's
then-current fee schedule.
- Usage Rights
- The Publisher grants to the Subscriber the non-exclusive and
non-transferable right for its Authorised Users to access the
Service via the Server, upon payment of the Fee and subject
to the terms and conditions contained in this Agreement. Access
rights consist of the right of Authorized Users to view, retrieve,
display, and store notes with respect to, the Service's classification
and subject heading content, as part of routine, non-commercial
work activities such as research and classification.
- A Subscription for a Solo User is personal to the particular
individual designated as the Solo User and his or her right
of access may not be transferred to any other individual. A
Subscription purchasing a right of access for Concurrent Users
permits use of the Service by a particular number of individuals
at any one time without regard to their identities.
- Subscriber and Authorized Users acquire no ownership rights
to any data or portions thereof provided under this Agreement;
to the proprietary software underlying the Service; or to documentation
provided to access the Service.
- Subscriber may print up to twenty (20) screens of Service
content during a 24-hour period.
- Prohibited Uses - Subscriber and Authorized Users may
not:
- Download Service content.
- Print Service content except as authorized in this Agreement.
- Make local electronic copies of all or any part of Service
content.
- Use all or any part of Service content for any commercial
use.
- Distribute all or any part of Service content to anyone other
than the Subscriber's Authorized Users.
- In any way modify, reverse engineer or create derivative works
from Service content or software.
- Permit access to the Service by persons who are not Authorized
Users.
- Engage in activity that may burden Publisher's server(s),
such as computer programs that automatically download content,
commonly known as web robots, spiders, crawlers, wanderers or
accelerators.
- Utilize any mechanism which would enable the number of Authorized
Users concurrently accessing the service via the Subscription
to exceed the number of concurrent logons subscribed for in
the Agreement.
- Publisher Undertakings
- Publisher will exert reasonable efforts to provide the Service
in accordance with then-current published product descriptions,
and will periodically update Service content.
- Publisher will use reasonable efforts to provide continuous
availability of the Service subject to periodic unavailability
due to maintenance of the Publisher's server(s), the installation
or testing of software, the loading of data, and downtime related
to equipment or services outside of the Publisher's control.
- Subscriber Undertakings
- Subscriber will notify Publisher of nonconformities between
the Service and product descriptions, and of any errors or inaccuracies
in the Service content of which Subscriber becomes aware.
- Subscriber is solely responsible for all security for and
all use of the Service including unauthorized use of the Service
initiated by persons using Subscriber's user names and passwords
or accessing the Service through Subscriber's IP address.
- Subscriber will use reasonable efforts to notify Authorized
Users of the terms and conditions of this Agreement and will
take steps to protect the Service from unauthorized use of the
Service or other breach of this Agreement.
- Subscriber will issue passwords and user names and other access
information only to Authorized Users and will use reasonable
efforts to ensure that Authorized Users do not divulge their
passwords, user names, or other access information to any third
party.
- Subscriber will use reasonable efforts to monitor compliance
with the terms of this Agreement and immediately upon becoming
aware of any unauthorized use of the Service or other breach
of this Agreement, or of lost or stolen user names and passwords,
inform Publisher and take all reasonable and appropriate steps,
including disciplinary action, both to ensure that the activity
ceases and to prevent any recurrence.
- Privacy
- For site management, the Server uses software programs to
create summary statistics that are used for such purposes as
assessing what information is of most or least interest, determining
technical design specifications, and identifying system performance
areas.
- The Server collects and stores the following information:
- The Internet Protocol (IP) address and name of the domain
from which the Subscriber or Authorized User accesses the
Internet.
- The date and time the Subscriber or Authorized User accesses
the Server.
- The pages perused and files accessed.
- The type of browser used and its version information.
- The Internet address of the Web site from which the Subscriber
is linked directly to the Server.
- If the Subscriber or Authorized User chooses to provide additional
personal information, as in an e-mail message, the Publisher
will use the information to respond to that request. There may
be occasions when e-mail will be forwarded within the Publisher's
organization to employees who are better able to provide assistance.
- Except for the foregoing exception and for authorized law
enforcement activities, the Publisher will not share Subscriber
personal data, e-mail, or survey data with outside organizations
without obtaining the Subscriber or Authorized User's permission.
- Security - For site security and to ensure that this service
remains available to all users, the Publisher employs software programs
to monitor network traffic to identify unauthorized attempts to
upload or change information, deny service, otherwise cause damage,
or access non-public information. Unauthorized attempts to upload
information or change information are strictly prohibited and may
be punishable under the Computer Fraud and Abuse Act of 1986 (18
U.S.C. § 1001 note) and the National Information Infrastructure
Protection Act of 1996 (18 U.S.C. § 1030). Information regarding
possible violations of law may be provided to law enforcement officials.
- Copyright
- It is Subscriber's obligation to determine and satisfy copyright
or other use restrictions when publishing or otherwise distributing
Service content. Transmission or reproduction of protected items
beyond that allowed by fair use requires the written permission
of the copyright owners. Subscriber must make his/her own assessments
of rights in light of the use intended. More information about
U.S. copyright law (Title 17, U.S. Code) is available from the
U.S. Copyright Office.
- The classification, subject headings, and bibliographic records
in Classification Web that originate with the Library
of Congress are copyrighted, except within the USA. The software
used in this site is provided under a license agreement between
Minaret Corporation and Publisher.
- Warranties
- While the Publisher and its suppliers and licensors have attempted
to minimize inaccuracies and defects in the data and services
furnished, the data and services are provided AS IS. THE PUBLISHER,
ITS SUPPLIERS AND/OR LICENSORS MAKE NO EXPRESS WARRANTIES AND
DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Subscriber acknowledges that the Internet is an unsecured,
unstable, unregulated disorganized and unreliable environment,
and that the ability of Publisher to deliver the on-line services
may be dependent upon the Internet and equipment, software,
systems, data and services provided by various telecommunications
carriers, equipment manufacturers, firewall providers and encryption
system developers and other vendors and third parties. Neither
party shall be liable for or have the right to terminate this
Agreement as a result of any delays or failures to perform any
of its obligations hereunder to the extent that such delays
or failures are due to circumstances beyond its reasonable control,
including acts of God, strikes riots, acts of war, power failures,
functions or malfunctions of the Internet, telecommunications
services, firewalls, encryption systems and security devices,
or governmental regulations imposed after the date of this Agreement.
- Publisher, its suppliers and/or licensors shall not be liable
for any loss or damage (including special, exemplary, incidental
or consequential damages), lost profits, loss of business, loss
of or damage to data, downtime or unavailability, resulting
from or in connection with the use or inability to use the Service.
Subscriber hereby acknowledges that use of the Service is at
Subscriber's sole risk.
- Publisher further makes no warranties respecting any harm
that may be caused by the transmission of a computer virus,
worm, time bomb, logic bomb or other such computer program.
- Indemnifications
- The liability of Publisher and its obligations to Subscriber
resulting from any breach by Publisher of any of the provisions
hereof, or any claim or suit made or brought against any of
the said parties, based directly or indirectly upon any act,
failure to act, or negligence on the part of any agent or employee
of Publisher occurring in connection with any activity which
is the subject of this Agreement, shall be determined under
the Federal Tort Claims Act, the Tucker Act or any other applicable
Act of Congress.
- Subscriber shall, to the fullest extent permitted under applicable
law, indemnify defend, and hold harmless Publisher and its officers,
directors, agents, employees, contractors, licensors, and licensees
(collectively, "Indemnified Parties"), from and against any
and all liability and costs incurred by the Indemnified Parties
in connection with any claim arising out of any breach of this
Agreement by Subscriber or Authorized Users, including, without
limitation, reasonable attorneys' fees. Subscriber will cooperate
fully as reasonably required in the defense of any claim. Publisher
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification
by Subscriber.
- Term and Termination
- Subscriptions will be offered on an annual basis to commence
when Subscriber has paid the Fee and received access to the
Service from Publisher and terminating one year after the date
that such access is granted. Beginning one month before the
conclusion of the Service period, Subscriber will receive weekly
e-mails informing Subscriber of the termination of the service.
If not renewed, the Service will be terminated at the end of
the Service period.
- In addition to automatic termination (unless renewed) upon
expiration of the Service period, this Agreement may be terminated
if Subscriber commits a material breach of this Agreement. All
"Prohibited Uses" listed in Section III of this Agreement shall
be considered material breaches of this Agreement. No fees shall
be refunded to Subscriber if this Agreement is terminated by
Publisher for cause.
- In the event that either party believes the other has materially
breached any obligations under this Agreement, the non-breaching
party shall so notify the breaching party in writing. That party
shall have thirty (30) days from receipt of this notice to cure
the alleged breach and to notify the non-breaching party in
writing that cure has been effected. If the breach is not cured
within the thirty (30) day period, the non-breaching party shall
have the right to terminate this Agreement without further notice.
- Notwithstanding Section XI(C), above, in the event that Publisher
reasonably believes that Subscriber has materially breached
its obligation not to download or print Service content, except
as authorized under this Agreement, Publisher shall have the
right to immediately suspend or terminate the Service without
reimbursement to Subscriber of any portion of the Fee. Publisher
may, in its sole discretion, upon notice to Subscriber, permit
Subscriber thirty (30) days in which to negotiate for resumption
of access to the Service.
- Notwithstanding anything in these terms to the contrary, the
Publisher reserves the right to terminate this Agreement and
the Subscription at any time. In that case and unless otherwise
provided under this Agreement, the Publisher shall promptly
refund to the Subscriber on a prorated basis fees previously
paid by the Subscriber to the Publisher with respect to the
unexpired portion of the Subscription term.
- Publisher reserves the right to remove or purge Subscriber's
data stored with the Service more than 30 days beyond the date
of termination of the Service.
- Notices
- Any notices to be served on either of the parties by the other
shall be sent by certified mail, postage prepaid, to the address
of the party as set out in this Agreement or such other address
given for service of notices. Additionally, all notices to Publisher
shall be sent simultaneously by facsimile. All such notices
shall be deemed to have been received within seven (7) days
of posting/transmission by facsimile.
- Publisher's address for notice: Attn: Chief of CDS, Cataloging
Distribution Service, Library of Congress, Washington, D.C.
20541-4912. Fax: (202) 707-3959.
- General
- This document constitutes the entire agreement of the parties
and supersedes all prior communications, understandings and
agreements relating to the subject matter of this Agreement,
whether oral or written.
- Titles and captions contained in this Agreement are inserted
only for convenient reference, and in no way define or limit
the scope or intent of this Agreement or any provision hereof.
- Alterations to this Agreement are valid only if made in writing
and signed by both parties.
- This Agreement may not be assigned by either party to any
other person or organization, nor may either party sub-contract
any of its obligations, except as provided in this Agreement,
in respect to the management and operation of the Agreement,
without the prior written consent of the other party, which
consent shall not unreasonably be withheld. Additionally, Subscriber
may not resell or otherwise transfer or distribute the Subscription
or the Service content.
- The invalidity or unenforceability of any provision of this
Agreement shall not affect the continued enforceability of the
remainder of this Agreement.
- Either party's waiver, or failure to require performance by
the other, of any provision of this Agreement, will not affect
the party's full right to require such performance at any subsequent
time, and will not be taken or held to be a waiver of the provision
itself.
- This Agreement may be executed in counterparts.
- This Agreement is governed by the federal law of the United
States and, if the Subscriber is located in the United States,
the law of the state in which the Subscriber is located shall
also govern. Any claims relating to this Agreement will be subject
to the exclusive jurisdiction and venue of the U.S. federal
courts.
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