The National Library of Ireland Terms of Use of Material made available on registers.nli.ie

Transcription

1 The National Library of Ireland Terms of Use of Material made available on registers.nli.ie PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE SET OUT THE BASIS UPON WHICH YOU ARE PERMITTED TO USE THE INFORMATION AND MATERIAL MADE AVAILABLE ON registers.nli.ie (THE MATERIAL ). The Material is comprised of two broad categories: information and material in which copyright, database rights or similar rights subsist ( Copyright Material ) and information and material in which no copyright or database rights subsist ( NonCopyright Material ). The Material is generally Copyright Material, except the images of the NLI s collection of Catholic parish register microfilms that are available on registers.nli.ie, which are NonCopyright Material. Copyright Material is licensed by the National Library of Ireland ( NLI ) under the Creative Commons NonCommercial Attribution 4.0 International License. To view a copy of the Creative Commons NonCommercial Attribution 4.0 International License (the Public License ), visit or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA. NonCopyright Material is licensed by the NLI under the terms and conditions set out below (the NLI Licence ). You acknowledge that You are only permitted to use the Material as authorised by the Public License or the NLI Licence, as applicable, or as otherwise expressly authorised in writing by NLI. NLI Licence By making any use of the NonCopyright Material (defined below), You accept and agree to be bound by these terms and conditions (the NLI Licence ). You are granted the Licensed Rights (defined below) by the National Library of Ireland ( NLI ) in consideration of Your acceptance of these terms and conditions, and the NLI grants You such rights in consideration of the benefits the NLI receives from making the NonCopyright Material available under these terms and conditions. 1. Definitions Adapted Material means material that is derived from or based upon any NonCopyright Material and in which any NonCopyright Material is translated, altered, arranged, transformed, or otherwise modified; Licensed Rights means the rights granted to You under Clause 2.1, subject to the terms and conditions of this NLI Licence; NonCommercial means not primarily intended for or directed towards commercial advantage or gain or monetary compensation; NonCopyright Material means the images of the NLI s collection of Catholic parish register microfilms that are available on registers.nli.ie;

2 Share means to provide material to the public by any means or process, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them; You, Your etc. means the individual or entity exercising the Licensed Rights under this NLI Licence. 2. Scope 2.1 Subject to the terms and conditions of this NLI Licence, the NLI hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable (subject to Clause 5) licence to use, adapt and Share the NonCopyright Material for NonCommercial purposes only. 2.2 The NLI authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The NLI waives and/or agrees not to assert any right or authority to forbid You from making any technical modifications necessary to exercise the Licensed Rights. 2.3 Nothing in this NLI Licence constitutes or may be construed as permission to assert or imply that You are, or that Your use of any NonCopyright Material is, connected with, or sponsored, endorsed, or granted official status by, the NLI or others designated to receive attribution as provided in Clause 3.1(a) below. 2.4 Moral rights, such as the right of integrity, are not licensed under this NLI Licence, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the NLI waives and/or agrees not to assert any such rights held by the NLI to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise. 2.5 Patent and trade mark rights are not licensed under this NLI Licence. 2.6 Except as expressly stated in these terms and conditions, this NLI Licence does not grant You any rights to, or in, any intellectual property rights or any other rights or licences in respect of the NonCopyright Material. 3. Licence Conditions 3.1 Your exercise of the Licensed Rights is expressly made subject to the following conditions: (a) if You Share any NonCopyright Material (including in modified form), You must: (i) retain the following if it is supplied by the NLI with the NonCopyright Material: (A) identification of the creator(s) of the NonCopyright Material and any others designated to receive attribution, in any reasonable

3 manner requested by the NLI (including by pseudonym if designated); (B) (C) a notice that refers to this NLI Licence; a URL or hyperlink to the NonCopyright Material to the extent reasonably practicable; (ii) (iii) indicate if You modified the NonCopyright Material and retain an indication of any previous modifications; and indicate the NonCopyright Material is licensed under this NLI Licence, and include the text of, or the URL or hyperlink to, this NLI Licence. (b) (c) (d) You may satisfy the conditions in Section 3.1(a) in any reasonable manner based on the medium, means, and context in which You Share the NonCopyright Material. For example, it may be reasonable to satisfy the conditions by providing a URL or hyperlink to a resource that includes the required information. If requested by the NLI, You must remove any of the information required by Clause 3.1(a)(i) to the extent reasonably practicable. You may not offer or impose any additional or different terms or conditions on any NonCopyright Material or any Adapted Material if doing so: (i) (ii) restricts exercise of the Licensed Rights by any third party to whom You provide any NonCopyright Material; or prevents any third party from complying with the terms of this NLI Licence. 4. Disclaimer of Warranties and Limitation of Liability 4.1 To the greatest extent permitted by applicable law, the NonCopyright Material is made available as-is and without any representations or warranties of any kind. To the greatest extent permitted by applicable law, the NLI hereby excludes all warranties, conditions, representations, statements, terms and provisions express or implied by statute, common law or otherwise including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. 4.2 To the greatest extent permitted by applicable law, in no event will the NLI be liable to You under any legal theory (including, without limitation, contract, negligence or strict liability) or otherwise for any loss or damage whatsoever arising out of this NLI License or use of the NonCopyright Material, including, without limitation, any direct, special, indirect, incidental, economic, punitive, exemplary, or other losses, costs, expenses, or damages, even if the NLI has been advised of the possibility of such losses, costs, expenses, or damages.

4 4.3 The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the greatest extent possible, most closely approximates an absolute disclaimer and exclusion of all liability. 5. Term and Termination 5.1 This NLI Licence applies for as long as You exercise any Licensed Rights. However, if You fail to comply with this NLI Licence, then Your rights under this NLI Licence terminate automatically. Without prejudice to the foregoing, the NLI may but not shall not be obliged to notify You of a failure to comply with this NLI Licence. 5.2 Where Your right to use the NonCopyright Material has terminated under Clause 5.1, it reinstates: (a) (b) automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or upon express reinstatement by the NLI. For the avoidance of doubt, this Clause 5.2 does not affect any right the NLI may have to seek remedies for Your violations of this NLI Licence. 5.3 For the avoidance of doubt, the NLI may also offer the NonCopyright Material under separate terms or conditions or stop distributing the NonCopyright Material at any time; however, doing so will not terminate this NLI Licence. 5.4 Clauses 1, 4 and 6 survive termination of this NLI Licence. 6. General 6.1 These terms and conditions contain the entire agreement between You and the NLI in relation to the subject matter of this NLI Licence. You acknowledge and agree that in entering into this NLI Licence You do not rely on and will have no remedies in respect of, any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this NLI Licence or not) relating to the subject matter of this NLI Licence, except as expressly set out in these terms and conditions. Nothing in this clause operates to limit or exclude any liability for fraud. 6.2 The NLI reserves the right to vary these terms and conditions at any time and from time to time. Registers.nli.ie will specify the latest date on which these terms and conditions have been amended. If You continue to use any NonCopyright Material following any amendment of these terms and conditions, You will be deemed to have accepted such amendments. 6.3 You may not assign, transfer, subcontract or otherwise deal with any of Your rights or obligations under this NLI Licence without the NLI s prior written consent. 6.4 Nothing in this NLI Licence is intended to or shall create a partnership between the NLI and You or makes You the agent of the NLI or vice versa. You have no authority or power to bind, to contract in the name of, or to create a liability for, the NLI in any way or for any purpose.

5 6.5 Delay or failure by the NLI in enforcing this NLI Licence or any part of it shall not constitute a waiver by the NLI of its rights and remedies. 6.6 To the extent possible, if any provision of this NLI Licence is deemed or becomes illegal, invalid or unenforceable, it shall be automatically reformed to the minimum extent necessary to make it legal, valid and enforceable. If the provision cannot be reformed, it shall be severed from this NLI Licence without affecting the legality, validity and enforceability of the remaining terms and conditions. 6.7 This NLI Licence shall be governed by and construed in accordance with the laws of Ireland and You hereby submit to the exclusive jurisdiction of the Irish courts for the resolution of disputes arising out of or in connection with this NLI Licence. Updated 23 December 2015