| 1. |
License: |
| |
a) |
By accepting these terms and conditions, you are granted a non-exclusive, non-transferable license to have access to and use the ProQuest on-line information service (the "Service"). You do not acquire any ownership interest or rights in the Service and associated materials or in any portion of the Service or materials. This license is granted to you by ProQuest Information and Learning Company (referred to in the remainder of this document as "ProQuest"). All ownership interests and rights in the Service and its contents belong to ProQuest and its licensors.
|
| |
b) |
This license is granted to you solely for your personal use and members of your household. All other use of the Service is strictly prohibited. You may not publish, broadcast or sell any materials retrieved through the Service or use the materials in any manner that will infringe the copyright or other proprietary right of ProQuest or its licensors. You may not use the Service in the course of providing research services to others.
|
| |
c) |
You may print copies of materials retrieved through the Service only for your personal use. However, you may not e-mail or otherwise provide copies of materials retrieved from the Service to others. All reproduction and distribution of any printouts, and all downloading and electronic storage of materials retrieved through the Service, is subject to the Copyright Act of 1976, Title 17 U.S.C. and other applicable intellectual property laws.
|
| |
d) |
Additional restrictions on your use of the materials retrieved through the Service may be set forth on computer screen displays associated with the particular materials at the time they are retrieved by you.
|
| 2. |
Fees and Payments. You authorize ProQuest to charge your credit card for access to the Service. No pro-rata refunds will be provided to customers who cancel their access to the Service ProQuest may adjust the fees it charges for access to the service with thirty (30) days prior notice to you. However, ProQuest may not charge you an increased access fee for any period for which you have already paid an access fee.
|
| 3. |
Term and Termination. This Agreement shall continue until your access to the Service is terminated or canceled. Your obligations with respect to materials retrieved from the Service continue beyond the termination or cancellation of this agreement. ProQuest may suspend delivery of the Service to you and terminate this Agreement if you fail to comply with your obligations under this Agreement in addition to pursuing any other legal remedy available to it.
|
| 4. |
Proprietary Rights. All intellectual property rights, including without limitation, trade secrets, copyrights and patent rights to any software, materials, or databases supplied to you under this agreement remain the sole property of ProQuest and its licensors. No title or license right is granted to you except as expressly set forth in this Agreement.
|
| 5. |
Additional Materials. ProQuest may add, delete or modify information, databases, materials, publications, articles, capabilities or services to the Service. All such information, databases, materials, capabilities and services shall be subject to the terms and conditions of this Agreement at the time they are added to the Service.
|
| 6. |
Telecommunication Charges. You are responsible for local telecommunication connections and the charges therefor.
|
| 7. |
Limited Warranty and Disclaimer of Warranty. ProQuest warrants that it has all rights necessary to enter into this Agreement and to provide the Service to you.
EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, THE SERVICE AND SOFTWARE (if any) PROVIDED BY PROQUEST TO YOU ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER ProQuest NOR ANY PROVIDER OF INFORMATION OR SOFTWARE IN THE SERVICE WARRANTS THE USE OF THE SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR MAKES ANY WARRANTY AS TO THE AVAILABILITY OF THE SERVICE OR AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION OR THE RESULTS OF LICENSEE'S USE OF THE SERVICE, THE SOFTWARE OR THE INFORMATION, EVEN IF ASSISTED BY PROQUEST.
|
| 8. |
Limitation of Liability. THE MAXIMUM LIABILITY OF PROQUEST AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE SERVICE, FOR DIRECT DAMAGES, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY PROQUEST FROM YOU HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL ProQuest OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES RELATED TO THE USE OF THE SERVICE OR PROQUEST'S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER PROQUEST OR ITS LICENSORS ARE NEGLIGENT.
|
| 9. |
Miscellaneous. |
| |
a) |
Assignment. You may not assign this Agreement or any right granted to you under this agreement.
|
| |
b) |
Interruption of Service. You agree that you have no claim against either ProQuest or its Licensors for any failure or delay or interruption in the Service or any failure of any equipment or telecommunications resulting from any cause or circumstance beyond the reasonable control of ProQuest.
|
| |
c) |
Entire Agreement. This Agreement constitutes the entire agreement between you and ProQuest with respect to your use of the ProQuest on-line information service.
|
| |
d) |
Governing Law. The Agreement shall be construed according to the laws of the State of Michigan, without application of its conflict of laws provisions. You agree to the exclusive jurisdiction of courts situated in the State of Michigan.
|
| |
e) |
Effective Date. This Agreement shall be effective as of the first date on which the Service is provided to you.
|