BOWKER'S BOOK ANALYSIS SYSTEM™ , BOOKSINPRINT.COM™ AND GLOBALBOOKSINPRINT.COM® (COLLECTIVELY, THE "PRODUCTS") ARE THE PROPERTY OF R.R. BOWKER LLC, A SUBSIDIARY OF CAMBRIDGE INFORMATION GROUP, INC. ("BOWKER"). USE OF THE PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED IN SUBCRIBER'S ORDER FORM ("ORDER FORM") AND THE FOLLOWING TERMS OF USE ("TERMS OF USE").
Subscriber wishes to subscribe to the Products and to allow Authorized Users and BBAS Users (both, as defined herein) to access and search the Products for non-commercial purposes only. Subscriber and anyone using the Products agree to be bound by all of the terms in the Order Form and Terms of Use.
"Databases" means either or both of the valuable and proprietary data products developed by Bowker known as Books In Print® and Global Books In Print® that include without limitation information on bibliographic reference sources.
"Software" means the valuable and proprietary computer instruction set developed or licensed by Bowker to access and display the Databases in the Products.
"Booksinprint.com" and "Globalbooksinprint.com" each means the applicable Database, Software, and any other materials delivered or displayed to Subscriber by Bowker under this Terms of Use.
"Bowker's Book Analysis System" ("BBAS") means the valuable and proprietary electronic research product developed by Bowker that allows its users to compare the scope of their monographic holdings against the information available from the Databases, Booksinprint.com or Globalbooksinprint.com (as applicable), and certain evaluative sources and core lists.
"Authorized Users" means those employees, students, faculty, staff, and patrons of Subscriber who are authorized by Subscriber in accordance with this Terms of Use to access and use Booksinprint.com or Globalbooksinprint.com (as specified in the Order Form) either from the Licensed Locations (as defined herein) or remotely (from locations other than the Licensed Locations) via a protected referral URL and/or a protected proxy server of Subscriber.
"BBAS Users" means those librarians and library employees and staff of Subscriber who are authorized by Subscriber in accordance with this Agreement to use Bowker's Book Analysis System via password protected access.
"Licensed Locations" means the sites and/or Internet server addresses ("IP Addresses") specified by Subscriber in the Order Form and any subsequent renewals, additions or deletions to the Licensed Locations as agreed to by Bowker and Subscriber.
COPYRIGHT AND LIMITATIONS ON USE
The content available through the Products (including but not limited to the Databases, articles, photographs, images, cover images, illustrations, audio clips, video clips, and other databases) ("Content") is the property of Bowker or its licensors and is protected by copyright and other intellectual property laws. The Databases are also copyrighted as collective works under United States copyright law. Content received through the Products may be displayed, downloaded, reformatted, and printed for non-commercial, scholarly, research, or reference purposes only.
Subscriber agrees not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content to anyone other than Authorized Users. Notwithstanding the foregoing, Bowker acknowledges that Authorized Users may refer to and include insubstantial excerpts of Content provided hereunder in professional writings, consistent with the fair use doctrine of United States copyright law, and nothing herein restricts any such use provided that with such use Subscriber and Authorized Users must include all copyright and other proprietary notices placed upon the Content by Bowker. Subscriber and Authorized Users may not post any Content to newsgroups, mail lists or electronic bulletin boards without the prior written consent of Bowker. To request consent for this or other matters, please contact Bowker at: info@bowker.com. The Products include facts, views, opinions and recommendations of individuals and organizations deemed of interest. Bowker and its Content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations, give tax or investment advice, or advocate the purchase or sale of any security or investment.
BBAS Users may display, download, reformat, distribute, print, and otherwise use and save the reports, tables and results generated from or displayed in Bowker's Serials Analysis System for their own internal library research and analysis purposes only. Bowker acknowledges that Subscriber owns and retains all right, title and interest in and to Subscriber's library monographic holdings information.
DISCLAIMER OF WARRANTIES AND LIABILITY
DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE PRODUCTS IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT AND THE PRODUCTS. BOWKER AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE PRODUCTS, OR BOWKER ITSELF. NEITHER BOWKER NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, BBAS USERS, OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THE PRODUCTS CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE PRODUCTS AND ANY CONTENT THROUGH THE PRODUCTS. IN NO EVENT WILL BOWKER, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, BBAS USERS, OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER, AUTHORIZED USERS, BBAS USERS, OR ANYONE ELSE IN RELIANCE ON THE CONTENT OR THE PRODUCTS.
SUBSCRIBER understands and acknowledges that it is solely responsible for loading, using, DOWNLOADING INTO OR deleting FROM ITS COMPUTER SYSTEM any REPORTS, TABLES OR RESULTS provided by BOWKER'S BOOK ANALYSIS SYSTEM, AND SUBSCRIBER ASSUMES ALL RISK AND RESPONSIBILITY RELATED TO SAME. IN NO EVENT SHALL BOWKER BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM SUBSCRIBER’S LOADING, USE, DOWNLOADING OR DELETION OF SUCH REPORTS, TABLES OR RESULTS.
UNDER NO CIRCUMSTANCES SHALL BOWKER BE LIABLE TO SUBSCRIBER FOR ANY LOST PROFITS, LOST REVENUE, DAMAGED OR LOST DATA, LOST BUSINESS, EQUIPMENT DOWNTIME OR INTERRUPTION OF SERVICE. BOWKER AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, BBAS USERS, OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBSCRIBER AGREES THAT THE LIABILITY OF BOWKER, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE PRODUCTS OR THE CONTENT IN THE PRODUCTS SHALL NOT EXCEED THE AMOUNT SUBSCRIBER PAID TO BOWKER FOR THE USE OF THE PRODUCTS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
SUBSCRIBER, AUTHORIZED USERS AND BBAS USERS MAY BE ABLE TO ACCESS OTHER INTERNET SITES THROUGH THE PRODUCTS OR LINKED TO THE PRODUCTS THAT ARE NOT CREATED BY BOWKER OR ITS AFFILIATES. THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE AND OTHER ASPECTS OF RESOURCES ON INTERNET SITES NOT CREATED BY BOWKER OR ITS AFFILIATES IS BEYOND BOWKER'S CONTROL, AND BOWKER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH SITES. BOWKER MAKES NO WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF ANY ITEM OR SERVICE OFFERED, SOLD OR OTHERWISE MADE AVAILABLE TO SUBSCRIBER, AUTHORIZED USERS OR BBAS USERS AS A RESULT OF INTERNET ACCESS VIA THE PRODUCTS OR SUBSCRIBER'S OR AUTHORIZED USERS' USE OF SUCH ITEMS OR SERVICES, AND BOWKER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SUCH ITEMS OR SERVICES.
EVALUATIVE SOURCES AND CORE LISTS
Subscriber may be required to subscribe separately to products and services that are included as evaluative sources and core lists in BBAS. Subscriber acknowledges that Bowker is not responsible for the information provided by third parties that provide evaluative sources or core lists for use with Bowker's Book Analysis System ("Third Party Providers") and Subscriber releases Bowker from any liability to Subscriber for any actions or omissions by the Third Party Providers. Additionally, in the event that Subscriber chooses to enter into agreements with any such Third Party Providers, Subscriber shall deal with such Third Party Providers and not Bowker with respect to payments, services, warranties and similar matters relating to Third Party Providers' products or services.
SUBSCRIBER OBLIGATIONS
Subscriber will exercise commercially reasonable efforts to inform Authorized Users and BBAS Users of the restrictions on the use of the Products and Content and to enforce such restrictions.
GOVERNING LAW
This Agreement shall be governed by, and construed in accordance with, the laws of the State of New Jersey of the United States of America, without reference to the principles of choice of laws thereof.
BOWKER'S CANCELLATION AND REFUND POLICY
Subscriber agrees that Subscriber is liable for the full amount of the subscription specified in the Order Form unless Bowker is notified of cancellation within thirty (30) days from the Start Date specified in the Order Form. Pro-rated credits for pre-paid subscriptions may be applied to subscription upgrades.
BBAS V.1. June 2005.
