Subscription Form
BiblioLine Annual License and Subscription Agreement - SEE BELOW
| National Information
Services Corporation NISC USA Wyman Towers, 3100 St. Paul Street, Baltimore, Maryland 21218 USA |
|
| Tel: +1 410 2430797 | Fax: +1 410 2430982 |
| Sales: sales@nisc.com | |
| www.nisc.com | |
| A Company in the Public Interest | |
| Copyright © 2008 National Information Services Corporation. All Rights Reserved. | |
Back to BiblioLine Subscription Form
Annual
License and Subscription Agreement
| A. PARTIES: The parties to this "License" are Subscriber, as licensee, and NISC, as licensor. "NISC" means an affiliate of NISC, Inc which invoices the Subscriber. This License provides for the use of NISC's BiblioLine Service and the databases provided therein and shall become effective between the parties upon the first subscription providing access to the "Products" as defined below. For this License, the plural includes the singular and vice versa. |
| B. PRODUCTS: The "Products" subject to this agreement include: 1) The "Database(s)" - electronic databases made available on BiblioLine from NISC and its suppliers or Information Partners for which the Subscriber has paid the appropriate fee or for which authorized access has been granted for a trial period. 2) The "ROMWright Software" - proprietary search-and-retrieval software developed and owned by NISC International, Inc. and any enhancements thereto. 3) The online help and/or printed documentation produced by NISC consisting of directions relating to the use of BiblioLine. And, 4) customer support services, via telephone, facsimile transmissions, or e-mail. |
| C. LICENSED USE OF BiblioLine: |
| 1. NISC hereby grants to Subscriber and Subscriber hereby accepts from NISC a non-transferable license providing for computerized access to Products via BiblioLine subject to the terms and conditions set forth in this License. Subscriber acquires no ownership rights to the Products whatsoever, or any portions thereof, and all such rights remain with NISC. Title, as well as all applicable copyrights, trademarks, trade secrets, or other intellectual proprietary rights of and to the materials in the Products are, and remain the property of NISC and NISC's suppliers or Information Partners, as applicable. |
| 2. Subscriber rights under this agreement are limited to "Authorized Users" of BiblioLine in accordance with the definitions and terms provided below for Academic Institution, Special Library/Institution, Commercial Business, Public Library and Individual subscriptions. Subscriber rights do not extend to "unauthorized users" including parent or subsidiary corporations, institutions, associations, or organizations affiliated with or related to the Subscriber. NISC reserves the right to determine or define an eligible site, operational entity, library system or similar limitations with respect to any prospective Subscriber, and to refuse to accept any subscription order for any reason at NISC's sole discretion. |
| Academic Institution subscriptions are limited by geographic site whereby each geographically distinct campus shall be treated as a separate site for purposes of the BiblioLine service. Authorized users at academic institutions shall be defined as the following: (i) persons officially registered as full or part-time students of Subscriber; (ii) full or part-time faculty and staff of Subscriber, including adjunct and courtesy appointments and active volunteers; (iii) registered users of the Susbcriber's libraries and (iv) walk-in public users physically present at subscriber's library facilities. New categories of Authorized Users not listed above will be negotiated with NISC. Remote access shall be limited to authorized users defined by Section D(2)(c). | |
| Special Library/Institution shall mean a single geographically distinct operational entity (e.g., Aquarium, Government research library, NGO site, laboratory, etc). A separate subscription is required for each geographically distinct operational entity unless otherwise negotiated with NISC. Authorized Users shall be limited to current employees of that institution. Remote access shall be limited to authorized users in accordance with Section D(2)(c). | |
| Commercial Business shall mean a single corporate location . A separate subscription is required for each geographically distinct operational entity unless otherwise negotiated with NISC. Authorized Users shall be limited to current employees of that business. Remote access shall be limited to authorized users in accordance with section D(2)(c). | |
| Public Library subscriptions (non-academic) are limited by geographic /service area and to a single main library and its branches (i.e., to the libraries under a single director/board of trustees). Authorized users shall be limited to library patrons accessing BiblioLine while physically present in the library. Remote access by library patrons is permitted upon payment of the remote access fee, and provided that remote access requires the patron to log on first to the library system local computer, using a current authorized library card or other library-controlled authorization before accessing BiblioLine. | |
| Individual Subscriptions are for non-institutional, personal use only and are limited to the number of search sessions specified in the BiblioLine Subscription Form for a subscription period of 12 months. An Authorized user of this subscription includes the End-User only. |
| 3. The terms of this License apply to the use of BiblioLine Services and Products during trial periods, paid subscription periods, and upon the receipt of new and updated databases and/or Products. |
| 4. Subscriber's uses of the Products are subject to any disclaimers and restrictions on usage that are indicated in Section D of this License or other restrictions that may be published by NISC. Neither the Products, nor any portions thereof, may be reproduced, transferred, or transmitted in any form or by any means without the written consent of NISC, except as expressly permitted by this License. |
| 5. Subscriber shall not use the Products as a part of or as a basis of a database for commercial sale, access, or distribution software rental bureau, or timesharing arrangement. Subscriber is not permitted to alter or duplicate the Products in any manner. |
| 6. Subscriber is responsible for providing any and all equipment necessary to access BiblioLine and is responsible for ensuring that it is compatible with access requirements for BiblioLine. |
| 7. The terms and conditions of this Agreement may be changed from time to time and the Subscriber will be notified of all revisions that impact authorized user rights to access including concurrent user restrictions, copyright and protection conditions, subscription cycles and payment terms. Revised license terms shall apply to the Product(s) provided on BiblioLine and the service itself received before and after the revision(s). If Subscriber does not agree to the revised License terms, it may terminate its subscription within thirty (30) days after receiving such revised License terms. A failure to terminate the subscription shall constitute acceptance of the revised License terms. |
D. USE RESTRICTIONS OF BiblioLine:
1. General restrictions applicable to all Subscribers:
| a) Products, or any portions thereof, cannot be duplicated, reproduced, transferred, prepared for commercial distribution, commercially exploited in any manner or sold except as part of an ordinary 1) library-patron, 2) consultant-client, 3) attorney-client or, similar relationship where the principal purpose is not the distribution of data and as permitted by applicable copyright law (including, without limitation, that of the United States). |
| b) Passwords and User IDs issued to Subscriber may not be used outside the territorial limits of the country in which they were originally obtained by Subscriber without written consent of NISC, except as part of an official distance education programme or from off-site teaching sites used for conducting classes only. The country is as indicated in the "End-User Subscriber Address" section of the BiblioLine Subscription form. The Subscriber shall be the exporter and importer of record of all BiblioLine services and Products provided by NISC outside the United States, by electronic means or otherwise. Furthermore, Subscriber shall pay and/or comply with all applicable export and import laws, customs, regulations, tariffs, duties and fees, and procurement, data and technology transfer laws. NISC's obligations hereunder are contingent upon necessary export licenses being obtained from federal agencies of the U.S Government. |
| c) Products or any portions thereof, cannot be transferred to a hard disk except as expressly permitted by this License in section D(1)(d). |
| d) Permitted uses of data and screen displays provided by the BiblioLine Service include: i ) portions of the database may be printed or downloaded onto electronic/magnetic media (or other machine-readable form) for temporary use or storage only in conjunction with Customer's editing or re-formatting of data for purposes of making a single printout or report for permitted or personal, non-commercial use in human-readable form. Under no circumstances may the results of searches be sold entirely or substantially as part of another product to a third party; ii ) an authorized user may view screen displays of the data while viewing the BiblioLine service, and may make one (1) copy per screen display of any portions of such data being viewed by that person for that person's internal, personal, research or educational, non-commercial purposes. |
| e) Subscriber may not reverse engineer, decompile, attempt to disassemble, or reveal the proprietary programming techniques and structures used in the ROMWright software or BiblioLine Service, nor create derivative works based on the Products or any portions thereof. Subscriber shall take reasonable efforts to ensure that end-users do not copy, capture, or otherwise use any of the graphic icons, images, or other aspects of the HTML encoded Web pages presented in BiblioLine as published and owned by NISC, except for the purposes of creating instructional tools for teaching use of the Product to Authorized Users. |
2. Restrictions on users provided access to Products via BiblioLine.
| a) Single User: access to an ordered Product is provided to any one authorized user at a time. |
| b) Multiple User: access to an ordered Product is provided to a specified number of simultaneous or concurrent authorized users via computers owned or controlled by the Subscriber and located on the Subscriber's premises. The specified number of authorized users permitted access at one given time to conduct simultaneous searches are defined and authorized in the BiblioLine Subscription License Form by the Subscriber at the time of ordering the Product(s) and for which a fee is paid. |
| c) Remote Access: if the Subscriber has paid the appropriate remote access fee, remote access to an ordered Product can be made only by Authorized Users who are located in the city, town or adjoining counties nearby the subscribing institution with the following exceptions: |
| Authorized Users on travel or temporarily off-site are exempted |
| Academic Institutions: Authorized Users enrolled in an official distance education programme or located at off-site teaching sites used for conducting classes only (not to include branch campuses that have libraries) are exempt. |
| Remote access is not available between or among multiple libraries servicing different geographical regions. However, special circumstances can be negotiated at NISC's discretion. |
3. Restrictions applicable to U.S. Government users:
| If Subscriber is a unit or agency of the United States government, the following provisions apply and Subscriber agrees as follows: |
| a) All data supplied through BiblioLine access is a "computer data base" that constitutes "restricted computer software" as defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and "commercial computer software" as defined in Clause 52.227-7013 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). If Subscriber is a unit or agency of the Department of Defense (DoD), Subscriber agrees that it will have only those rights to use such data that are defined in Clause 252.227-7013(c)(1)(ii) of the DFARS and in the "Permissible Uses of Data" provisions of this License. If Subscriber is a unit or agency of the United States government other than DoD, Subscriber agrees that it will have only those rights to use such data that are defined Clause 52.227-19(c)(2) of the FAR and in the "Permissible Uses of Data" provisions of this Agreement. |
| b) All data being supplied in hardcopy reports and all data that Subscriber extracts through BiblioLine access and prints in hardcopy form is "limited rights data" as defined in Clause 52.227-14 of the FAR and in Clause 252.227-7013 of the DFARS and is subject to the following provisions. If Subscriber is a unit or agency of DoD, Subscriber agrees that it will have only those rights to use such data that are defined in the "Permissible Uses of Data" provisions of this License and as provided in Clause 252.227-7013 of the DFARS. If Subscriber is a unit or agency of the United States government other than DoD, Subscriber agrees that it will have only those rights to use such data that are defined in the "Permissible Uses of Data" provisions of this License and in the limited rights as provided in Clause 52.227-14 of the FAR. |
| c) Subscriber shall not be required to provide an advance deposit (unless otherwise agreed). Additionally, the several provisions respecting interest charges, collection agency and attorneys fees are hereby deleted and this Agreement will be governed by applicable government regulations then in effect respecting Late Payments to Contractors. The term hereof shall be governed by the then-current expiration date as evidenced by the government order authorized by the Contracting Officer or other government official who has executed this Agreement. |
E. SUBSCRIPTION CYCLE AND PAYMENT TERMS :
1. Annual Subscriptions:
| a) The subscription cycle, license, and rights granted to the Subscriber by this License to a BiblioLine Product shall commence upon the Subscriber's specified start date of access in the BiblioLine Subscription Form. The subscription cycle, this license, and other rights shall continue for twelve (12) months from the specified start date of access and are subject to renewal and continuation in accordance with NISC's most current applicable terms at the time of renewal and at the option of both parties hereto. |
| b) The license and the rights granted to Subscriber hereunder shall terminate upon the earlier of: 1) Expiration of the twelve (12) month subscription cycle for the last Product made subject to this License, if same is not renewed; or b) Termination by the Subscriber or by NISC in accordance with any of the termination provisions described in this License. Access to individual Products may be terminated at the expiration of the applicable subscription cycle, and the license and rights granted Subscriber will terminate, effective at expiration of the subscription cycle, whereupon access to applicable BiblioLine Products will be denied. |
2. General payment terms for subscriptions: