|FREE Database Registration Form|
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Free User License Agreement
A. PARTIES: The parties to this "License" are the Free User, as licensee, and NISC, as licensor. "NISC" means an affiliate of NISC, Inc. This License provides for the use of NISC's BiblioLine Service and the database(s) provided therein and shall become effective between the parties upon the first 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 authorized access has been granted for a free 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 email.
C. LICENSED USE OF BiblioLine:
1. NISC hereby grants to Free User and Free User 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 Free License. Free User 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. Free User's use 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.
3. Free User may use the Products only for internal purposes and 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 , of timesharing arrangement. Free User is not permitted to alter or duplicate the Products in any manner.
D. USE RESTRICTIONS OF BiblioLine:
1. General restrictions applicable to all Free Users:
a) Products, or any portions thereof, cannot be duplicated, reproduced, transferred, prepared for commercial distribution, commercially exploited in any manner or sold.
b) The Products, including any portions thereof, shall not be exported outside of the territorial limits of the country in which the BiblioLine Service was originally delivered.
c) Passwords and User IDs issued to Free User may not be used outside the territorial limits of the country in which they were originally obtained by Free User without written consent of NISC.
d) 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 Customers editing or re-formatting of data for purposes of making a single printout or report for internal or personal, noncommercial use in human-readable form. Electronic, machine-readable copies of data must be erased after use and/or copying and shall not be transferred, shared or accessed. The amount of data which can be downloaded during the free period has been intentionally limited by NISC.
e) Free User 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. Free User may 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.
E. COPYRIGHT AND PROTECTION:
1. The products, including all portions thereof, are protected by copyright and other United States and International laws and conventions respecting proprietary rights. Unauthorized reproduction, transfer and/or use may be a criminal, as well as civil, offense under the law.
2. Some NISC documentation includes permission for copying or other use by Free User. Under no circumstances may Free User remove or obscure copyright notices contained on the documentation received or records or data obtained from Products through access to BiblioLine.
3. Free User is responsible for the confidentiality and security of the password and User ID issued by NISC for access to BiblioLine services and Products. Free User must notify NISC immediately in writing of lost or stolen passwords and User ID information.
4. The Products contain highly proprietary and valuable trade secrets of NISC and of its suppliers or Information Partners. Accordingly, it is acknowledged that unauthorized copying, transfer or use may cause NISC and/or its suppliers or Information Partners injury that cannot be adequately compensated by means of monetary damages. It is agreed that any breach hereof by Free User may be enforced by means of equitable relief in addition to any other rights and remedies that may be available.
F. LIMITED WARRANTY, REPRESENTATIONS, AND RISKS:
1. Force Majeure: NISC shall exert its reasonable best efforts to ensure that BiblioLine is available at all times and that any scheduled down times are properly communicated to all customers. Although due care is used in providing NISC's BiblioLine service, NISC makes no warranty that the online service will be uninterrupted. NISC shall not be liable for any failure, delay, or interruption of service due to any unforeseen circumstances or circumstances beyond its reasonable control including, without limitation, electrical power failures, hard disk/magnetic or optical disc storage failures, war, acts of the public enemy, strikes, embargoes, civil disturbances, acts of God, fire, explosion, accident, delay or failure of suppliers or Information Partners, governmental actions, delay or failure of NISC's systems or carriers, delay or failures of the Internet, delay or failure of Subscriber's systems or carriers, or other difficulties with telecommunications networks, or software programs not in Products or any other failure beyond NISC's control, whether or not specified herein.
2. While NISC's Products are prepared using reasonable standards of care and while there are no indications or reasons to believe that there exist inaccuracies, viruses, or defects in the Products, NISC AND ITS SUPPLIERS OR INFORMATION PARTNERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXCEPT AS SET FORTH ABOVE, WHICH ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NISC AND ITS SUPPLIERS OR INFORMATION PARTNERS NEITHER ASSUME NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR NISC AND ITS SUPPLIERS OR INFORMATION PARTNERS ANY OTHER LIABILITY IN CONNECTION WITH THE LICENSING OF THE PRODUCTS UNDER THIS AGREEMENT AND/OR THE USE THEREOF BY FREE USER OR THIRD PARTIES.
3. THE DATA AND SERVICES ON BiblioLine ARE PROVIDED "AS IS". NEITHER NISC NOR ITS SUPPLIERS OR INFORMATION PARTNERS WARRANT THE ACCURACY OR CORRECTNESS OF THE SEARCH-AND-RETRIEVAL SOFTWARE OR ANY OF THE INFORMATION CONTAINED WITHIN ANY DATABASE OR PRODUCT AND ALL RESPONSIBILITY PERTAINING TO THE USE THEREOF UNDER THIS AGREEMENT IS HEREBY ASSUMED BY THE FREE USER. NEITHER NISC NOR ITS SUPPLIERS OR INFORMATION PARTNERS SHALL BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE OF PRODUCTS (OR PORTIONS THEREOF), INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF AWARE OF THE POSSIBILITY THEREOF.
G. GOVERNING LAW:
This License shall be governed by the laws of the
jurisdiction in which the Subscriber resides or, if not within the territorial limits of
the United States, then by the laws of the State of Maryland, USA.
H. GENERAL PROVISIONS:
1. This License, and the license granted herein, may not be transferred or assigned by Free User to any third party. Any transfer or assignment of this License shall be null and void and of no force or effect. NISC may assign this License hereunder without requirement for Subscriber's permission or approval.
2. This License is the entire agreement and supersedes any and all prior agreements and understandings. There are no representations, warranties, promises, covenants or undertakings, except as described herein.
Wyman Towers, 3100 St. Paul Street,
Baltimore, Maryland 21218 USA
|Tel: +1 410 2430797||Fax: +1 410 2430982|
|A Company in the Public Interest|
|Copyright © 2008 National Information Services Corporation. All Rights Reserved.|