Licenses & Agreements - Terms & Conditions
By using the services available at this site or by making the services available to Authorized Users, the Authorized Users and the Licensee agree to comply with the following terms and conditions (the "Agreement").
For purposes of this Agreement, "Pezzottaite Journals" is self; the "Licensee" is the entity or institution that makes available services offered by Pezzottaite Journals; the "Sites" are the Internet websites offered or operated by Licensee from which Authorized Users can obtain access to Pezzottaite Journals databases and services or for which the license is purchased (“Licensed Materials”) for the purposes of research, teaching and private study; and the "Authorized Users" affiliated with Licensee or otherwise permitted to use Licensee's facilities and authorized by Licensee to access Databases. Pezzottaite Journals disclaims any liability for the accuracy, completeness or functionality of any material contained herein, referred to, or linked to. Publication of the servicing information in this content does not imply approval of the manufacturers of the products covered. Pezzottaite Journals assumes no responsibility for errors or omissions nor any liability for damages from use of the information contained herein. Persons engaging in the procedures included herein do so entirely at their own risk.
In this Licence, the following terms shall have the following meanings:
“Authorised Users” are current members of the faculty, staff, consultants and contractors, and registered students of the Licensee, authenticated by the Licensee and permitted to access the Secure Network from within the Licensee's library or remotely from other places, and other persons permitted to use the Licensee's library services and access the Secure Network but only from designated computer terminals within the physical premises of the library. "Authorized Users" do not include alumni of the Licensee.
“Services” include journals and related products to which Licensee has purchased a subscription.
“Commercial Use” is use for monetary reward (other than recovery of direct costs incurred by the Licensee) by means of sale, loan, transfer, hire or other form of exploitation of the Licensed Materials.
“Course Packs” is a collection or compilation of materials assembled by Authorised Users for use by students in a class for the purposes of instruction.
“Electronic Reserve” are the electronic copies of materials made and stored on the Secure Network by the Licensee for use by students in connection with specific courses of instruction offered to its students.
“Secure Network” is a network which is only accessible to Authorised Users whose identity is authenticated at the time of log-in and whose conduct is subject to regulation by the Licensee.
A. Pezzottaite Journals hereby grants to the Licensee a non-transferable and non-exclusive right to use the databases and Services made available by Pezzottaite Journals according to the terms and conditions of this Agreement. The Databases and Services made available to Authorized Users are the subject of copyright protection, and the original copyright owner (Pezzottaite Journals or its licensors) retains the ownership of the Database (s) and Services and all portions thereof. Pezzottaite Journals does not transfer any ownership, and the Licensee and Sites may not reproduce, distribute, display, modify, transfer or transmit, in any form, or by any means, any Database or Service or any portion thereof without the prior written consent of Pezzottaite Journals, except as specifically authorized in this Agreement.
B. The Licensee is authorized to provide on-site access through the Sites to the Databases and Services to any Authorized User. The Licensee may not post passwords to the Databases or Services on any publicly indexed websites. The Licensee and Sites are authorized to provide remote access to the Databases and Services only to their patrons as long as security procedures are undertaken that will prevent remote access by institutions, employees at non-subscribing institutions or individuals, that are not parties to this Agreement who are not expressly and specifically granted access by Pezzottaite Journals. For the avoidance of doubt, if Licensee provides remote access to individuals on a broader scale than was contemplated at the inception of this Agreement then Pezzottaite Journals may hold the Licensee in breach and suspend access to the Database (s) or Services.
Remote access to the Databases or Services is permitted to patrons of subscribing institutions accessing from remote locations for personal, non-commercial use. However, remote access to the Databases or Services from non-subscribing institutions is not allowed if the purpose of the use is for commercial gain through cost reduction or avoidance for a non-subscribing institution. Remote access for personal use from these institutions is permissible.
Privilege With Licensee
Privilege with Authorized Users
Privilege with Publisher
Neither the Licensee nor any Authorised User may, without the Publisher's prior written consent:
C. Licensee and Authorized Users agree to abide by the Copyright Act of 1976 as well as any contractual restrictions, copyright restrictions, or other restrictions provided by publishers and specified in the Databases or Services. Pursuant to these terms and conditions, the Licensee and Authorized Users may download or print limited copies of citations, abstracts, full text or portions thereof provided the information is used solely in accordance with copyright law. Licensee and Authorized Users may not publish the information. Licensee and Authorized Users shall not use the Database or Services as a component of or the basis of any other publication prepared for sale and will neither duplicate nor alter the Databases or Services or any of the content therein in any manner nor use same for sale or distribution. Licensee and Authorized Users may create printouts of materials retrieved through the Databases or Services via on-line printing, off-line printing, facsimile or electronic mail. All reproduction and distribution of such printouts, and all downloading and electronic storage of materials retrieved through the Products shall be for internal or personal use. Downloading all or parts of the Databases or Services in a systematic or regular manner so as to create a collection of materials comprising all or part of the Databases or Services is strictly prohibited whether or not such collection is in electronic or print form. Notwithstanding the above restrictions, this paragraph shall not restrict the use of the materials under the doctrine of "Fair Use" as defined under the laws of the United States. Publishers may impose their own conditions of use applicable only to their content. Such conditions of use shall be displayed on the computer screen displays associated with such content. The Licensee shall take all reasonable precautions to limit the usage of the Database (s) or Services to those specifically authorized by this Agreement.
D. Authorized Sites may be added or deleted from this Agreement as mutually agreed upon by Pezzottaite Journals and Licensee.
E. The publisher reserves the right upon written notice to the licensee to withdraw from the licensed materials any item or part of an item for which it no longer retains the right to publish, or which on reasonable grounds it believes infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
F. Licensee agrees to comply with the Copyright Act of 1976, and agrees to indemnify Pezzottaite Journals against any actions by Licensee that are not consistent with the Copyright Act of 1976.
G. The computer software utilized via Pezzottaite Journals service (s) is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this software, or any portion of it, is not allowed. User shall not reverse engineer, decompile, disassemble, modify, translate, makes any attempt to discover the source code of the software, or create derivative works from the software.
H. Database (s) are not intended to replace Licensee's existing subscriptions to content available in the Database (s).
I. Licensee agrees not to include any advertising in the Database (s) or Service (s).
J. Licensee shall:
The publisher warrants that the licensed materials do not infringe the copyright or any other proprietary or intellectual property rights of any person. The publisher shall indemnify and hold the licensee harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the licensee claiming infringement of such rights. This indemnity shall survive the termination of this licence for any reason. This indemnity shall not apply if the licensee has amended the licensed materials in any way not permitted by this licence. The publisher otherwise makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy, merchantability or fitness of use for a particular purpose. The licensed materials are supplied 'As Is'.
A. Pezzottaite Journals and it's licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Neither Pezzottaite Journals nor it's licensors assume or authorizes any other person to assume for Pezzottaite Journals or it's licensors any other liability in connection with the licensing of the Database (s) or the Services under this Agreement and / or its use thereof by the Licensee and Sites or Authorized Users.
UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE TO THE LICENSEE, OR ANY AUTHORISED USER OR ANY OTHER PERSON, FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INABILITY TO USE, OR THE USE OF, THE LICENSED MATERIALS. THE PUBLISHER'S AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OF THIS LICENCE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAID BY LICENSEE UNDER THIS LICENCE IN RESPECT OF THE SUBSCRIPTION PERIOD DURING WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF OTHER REMEDIES. THE LICENSEE MAY BRING NO ACTION ARISING FROM THIS LICENCE MORE THAN 3 MONTHS AFTER THE CAUSE OF ACTION ARISES.
B. The maximum liability of Pezzottaite Journals, if any, under this agreement, or arising out of any claim related to the products, for direct damages, whether in contract, tort or otherwise shall be limited to the total amount of fees received by Pezzottaite Journals from licensee hereunder up to the time the cause of action giving rise to such liability occurred. In no event shall Pezzottaite Journals be liable to licensee or any authorized user for any indirect, incidental, consequential, punitive or special damages related to the use of the databases or services or to these terms and conditions, even if advised of the possibility of such damages.
SUBJECT TO APPLICABLE LAW, THE LICENSEE AGREES TO INDEMNIFY, DEFEND AND HOLD THE PUBLISHER HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, COSTS, LIABILITY AND EXPENSES (INCLUDING REASONABLE LEGAL AND PROFESSIONAL FEES) ARISING OUT OF ANY CLAIM OR LEGAL ACTION TAKEN AGAINST THE PUBLISHER RELATED TO ANY USE OF THE LICENSED MATERIALS BY THE LICENSEE OR AUTHORISED USERS OR ANY FAILURE BY THE LICENSEE TO PERFORM ITS OBLIGATIONS HEREUNDER. NOTHING IN THIS LICENCE SHALL MAKE THE LICENSEE LIABLE FOR BREACH OF THE TERMS OF THE LICENCE BY ANY AUTHORISED USER PROVIDED THAT THE LICENSEE DID NOT CAUSE, KNOWINGLY ASSIST OR CONDONE THE CONTINUATION OF SUCH BREACH AFTER BECOMING AWARE OF AN ACTUAL BREACH HAVING OCCURRED.
C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). Pezzottaite Journals disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization.
D. Pezzottaite Journals is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While Pezzottaite Journals will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.
A. License fees have been agreed upon by Pezzottaite Journals and the Licensee, and include all retrospective issues of the Product (s) as well as updates furnished during the term of this Agreement. The Licensee's obligations of payment shall be to Pezzottaite Journals or its assignee. Payments are due upon receipt of invoice (s) and will be deemed delinquent if not received within 30 days. Delinquent invoices are subject to interest charges of 10% per annum on the unpaid balance (or the maximum rate allowed by law if such rate is less than 10%). The Licensee will be liable for all costs of collection. Failure or delay in rendering payments due Pezzottaite Journals under this Agreement will, at Pezzottaite Journals, constitute material breach of this Agreement. If changes are made resulting in amendments to the Listing of Authorized Sites, Product (s) and Pricing identified in this Agreement pro rata adjustments of the contracted price will be calculated by Pezzottaite Journals and invoiced to the Licensee and / or Sites accordingly as of the date of any such changes. Payment will be due upon receipt of any additional pro rata invoices and will be deemed delinquent if not received within thirty days of the invoice dates.
B. Taxes, if any, are not included in the agreed upon price and may be invoiced separately. Any taxes applicable to the Database (s) under this Agreement, whether or not such taxes are invoiced by Pezzottaite Journals, will be the exclusive responsibility of the Licensee and / or Sites.
A. This Licence shall be terminated if either party commits a material or persistent breach of any term of this Licence and fails to remedy the breach (if capable of remedy) within 30 days of notification in writing by the other party; where such termination is due to breach of this Licence by the Licensee, the Publisher shall be under no obligation to provide continuing access to Licensed Materials described above.
On termination all rights and obligations of the parties automatically terminate except for obligations in respect of Licensed Materials to which access continues to be permitted.
In the event of a breach of any of its obligations under this Agreement, Licensee shall have the right to remedy the breach within thirty (30) days upon receipt of written notice from Pezzottaite Journals. Within the period of such notice Licensee shall make every reasonable effort and document said effort to remedy such a breach and shall institute any reasonable procedures to prevent future occurrences of such breaches. If the Licensee fails to remedy such a breach within the period of thirty (30) days, Pezzottaite Journals may (at its option) terminate this Agreement upon written notice to the Licensee.
B. If Pezzottaite Journals becomes aware of a material breach of Licensee's obligations under this Agreement or a breach by Licensee or Authorized Users of the rights of Pezzottaite Journals or its licensors or an infringement on the rights of Pezzottaite Journals its licensors, then Pezzottaite Journals will notify the Licensee immediately in writing and shall have the right to temporarily suspend the Licensee's access to the Product (s). Licensee shall be given the opportunity to remedy the breach or infringement within thirty (30) days following receipt of written notice from Pezzottaite Journals. Once the breach or infringement has been remedied or the offending activity halted, Pezzottaite Journals shall reinstate access to the Databases. If the Licensee does not satisfactorily remedy the offending activity within thirty (30) days, Pezzottaite Journals may terminate this Agreement upon written notice to the Licensee.
C. The provisions set forth in Sections I, III and VI of this Agreement shall survive the term of this Agreement and shall continue in force into perpetuity.
D. On termination of this Licence upon the expiry of the subscription period paid for by the Licensee (unless renewed), the Publisher can provide continuing access for Authorised Users to that part of the Licensed Material which was published within the subscription period paid for by the Licensee, either from the Server, or by supplying electronic files to the Licensee.
Pezzottaite Journals will appoint agents to receive notifications of claims of copyright infringement regarding materials available or accessible on, through, or in connection with our services.
A. Neither Pezzottaite Journals nor its licensors will be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood, accidents, earthquake(s), strikes or labour shortages, transportation facilities shortages or failures of equipment, or failures of the Internet.
Neither party’s delay nor failure to perform any provision of this Licence, as result of circumstances beyond its control (including, without limitation, war, strikes, floods, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall be deemed to be, or to give rise to, a breach of this Licence.
B. This Agreement and the license granted herein may not be assigned by the Licensee to any third party without written consent of Pezzottaite Journals.
C. If any term or condition of this Agreement is found by a court of competent jurisdiction or administrative agency to be invalid or unenforceable, the remaining terms and conditions thereof shall remain in full force and effect so long as a valid Agreement is in effect.
D. If the Licensee and / or Sites use purchase orders in conjunction with this Agreement, then the Licensee and / or Sites agree that the following statement is hereby automatically made part of such purchase orders: "The terms and conditions set forth in the Agreement are made part of this purchase order and are in lieu of all terms and conditions, express or implied, in this purchase order, including any renewals hereoff."
E. This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings, written and / or oral. There are no representations, warranties, promises, covenants or undertakings, except as described here.
F. Pezzottaite Journals grants to the Licensee a non-transferable right to utilize any IP addresses provided by Pezzottaite Journals to Licensee to be used with the Services. Pezzottaite Journals does not transfer any ownership of the IP addresses it provides to Licensee. In the event of termination of the Licensee's license to the Services, the Licensee's right to utilize such IP addresses will cease.
G. Any notices to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post to the address of the addressee as set out in this Licence or to such other address as notified by either party to the other as its address for service of notices, and shall be deemed to have been received within 14 days of posting.
H. This Licence shall be governed by and construed in accordance with Indian laws, and the parties irrevocably agree that any dispute arising out of or in connection with this Licence will be subject to and within the jurisdiction of the J&K, in India.
If Pezzottaite Journals customers require a formal licence for signature, select and download all / any one of the licences suitable for your institution or organization to fill and submit it with Pezzottaite Journals.