BrepolisTerms and Conditions |
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By subscribing to one or more of the BREPOLiS databases or by using one or more of the BREPOLiS databases, the user is deemed to have agreed to comply with all of the terms and conditions below.
The BREPOLiS site is owned and operated by Brepols Publishers and can be accessed through www.BREPOLiS.net.
Institutional subscribers (the Licensee) may provide access to their authorized users (Users), as specified in the licence agreement between Brepols Publishers and the institution. Access control is based on a check against the IP number.
Some databases are also available for private subscribers. Access control is based on a check of a combination of ID and password (in this case the Licensee is also the User).
No other access is permitted. No other users are permitted.
The BREPOLiS databases have been optimised to operate with Microsoft Internet Explorer 4.0 or higher or Netscape Navigator Version 4.0 or higher.
The Licensee and the Users have (the benefit of) a non-exclusive and non-transferable licence to have online access to one or more of the BREPOLiS Databases and to make use thereof for the period covered by the subscription. These rights are not extended to Licensee's subsidiaries, parent organizations or to any other affiliated organization or person. The Licensee may not transfer, sublet or confer the rights that are granted to him to any other organization or person.
Users are entitled to extract and re-utilize, for non-commercial purposes only, any insubstantial parts of the contents of the Database. The systematic extraction and/or re-utilization of insubstantial parts of the Database, conflicts with normal exploitation of the Database and causes prejudice to the legitimate interests of the Publisher and is not authorized.
The Licensee and the Users are not entitled to reproduce, distribute, modify, supplement or split the contents or structure of the Database. Furthermore, neither the Licensee nor the Users are entitled to rearrange the Database or to set up derived Databases.
In case of unauthorized use the Publisher or the institutional Licensee will deny access to this unauthorized user by blocking without prior notification the IP address that has been used to access the Database.
The use of the search software, made available together with the Database, is included in the subscription price. The User undertakes to use exclusively that search software when consulting the Database.
The Publisher guarantees to the Licensee that he has full rights to grant access and use of the databases. All copyright rights to the content and design of the Databases and of the BREPOLiS environment, the search page and other interfaces, designs and lay-out as well as names, trade marks and logos are owned by the Publisher and / or his partners. More copyright information about each database can be found alongside the database title on the database selection screen on the BREPOLiS website.
The Publisher and his partners endeavour to offer an overall good-quality product and a reliable service. Nevertheless the Database is provided "as it stands" and neither the Publisher nor his partners who have been involved in the creation, production or delivery of the Database shall be liable for any direct or indirect damages arising out of the use of, or the inability to use, the Database. The Publisher does not guarantee that the Database will be usefully accessible in every hardware/software environment.
In case of force majeur events or any other events beyond the reasonable control of the Publisher, the Publisher shall use his best efforts to restore all services as soon as possible. However the Publisher can never be liable for any direct or indirect damages due to events of force majeur.
No transfer of copyright is made by this licence.
In case of non-compliance with one or more of the above paragraphs, the Publisher is entitled to claim damages from any party or person who is involved in this non-compliance.
If any damage is being caused by the Licensee to the Publisher, who can produce evidence of the damage, the Licensee will pay the full amount of the damage suffered.
If any damage is being caused by the Publisher to the Licensee, who can produce evidence of the damage, the Publisher will pay compensation to the Licensee. This compensation paid by the Publisher will in all cases be limited to the annual subscription fee paid by the Licensee.
The Publisher undertakes to make the latest version of the Database permanently available to the Licensee and the Authorized Users. Therefore the Database and the interfaces are subject to change without notice.
If the Publisher does not perform his material obligations and does not solve the material defaults within 30 days after notice is received in reasonable detail, the Licensee is entitled to terminate this Agreement, unless the Publisher can provide evidence that he cannot be held liable for the non-performance of his obligations.
These Terms and Conditions do not replace the written and signed Licence Agreement between the Licensee and the Publisher, but repeat certain aspects which are binding for all users of the BREPOLiS databases. In case of contradiction the Licence Agreement prevails over these Terms & Conditions.
Belgian law is applicable to these Terms & Conditions.
The Courts of Turnhout (Belgium) have jurisdiction in case of a conflict in this matter.
Definitions used in the Terms & Conditions:
"The Authorized Users": those persons who have access to and use of the Database through the Licensee's network, object of a separate Licence Agreement, in their relationship with the Licensee. Those persons may only be:
- All staff members employed by the Licensee, including temporary staff members
- Students accredited by the Licensee; registered users of the library
- Visitors consulting the Database on-site, in the library/or on the campus, excluding remote access from outside campus or library buildings.
"Users": all kinds of Users who access the database including the Licensee and his Authorized Users and private subscribers.
"IP address": a unique string of figures which identifies the computer of an Internet user.
"Extraction": the permanent or temporary transfer of all or a substantial part of the contents of the Database to another medium by any means or in any form.
"Re-utilization: " any form of making available to the public all or a substantial part of the contents of the Database, by distribution of copies, by renting, by on-line or other forms of transmission.
"Education": the systematic and - according to accepted principles - organised transfer of elementary and comprehensive knowledge and skills by appointed and competent teachers to individuals or to a group of persons gathered together for that purpose.
"Scientific research": the investigation of any subject of scholarship.
"Substantial part": any part of the Database that can stand on its own as a coherent body of data which can be relevant for a larger audience or that represents a considerable amount of data from the Database.
"Insubstantial part": any part of the Database which cannot be considered to be a substantial part of the Database.
"Force majeur event": fire, flood, earthquake, elements of nature or Acts of God, acts of war, terrorism, riots, civil disorders, strikes, lockouts, labour difficulties, or any other similar cause beyond the reasonable control of a (non-performing) party.
© Brepols Publishers n.v., Turnhout, 2001.
Brepols Publishers n.v./s.a.
Begijnhof 67
B-2300 Turnhout
Belgium
Tel.: +32-14-448020
Fax: +32-14-428919
E-mail: brepolis@brepols.net
BTW/TVA/VAT Nr./Registration: BE 0463.139.762 RPR Turnhout