Rethinking Schools Limited Institutional Site License

Transcription

1 Rethinking Schools Limited Institutional Site License This License Agreement ( License ) is entered into the day of [20 ] ( Effective Date ) between Rethinking Schools Limited, a Wisconsin Corporation, with offices located at 1001 E. Keefe Avenue, Milwaukee, WI ( Publisher ), and (Institution Name), located at. ( Subscriber ). Whereas, Publisher is the owner of all rights in and to the online version of its publication entitled, Rethinking Schools Magazine ( Rethinking Schools Online ); and Whereas, Subscriber desires to acquire an institutional site License to facilitate internet access to Rethinking Schools Online on the terms and conditions herein specified. Now, therefore, in consideration of the mutual promises contained in this License, and for other valuable and sufficient consideration, Publisher and Subscriber hereby agree as follows: 1. License Upon Publisher s acceptance of Subscriber s completed order and upon receipt of the required Site License Fee, which together constitute Subscriber s acceptance of the terms of this License, Publisher hereby grants to Subscriber and its Authorized Users a non- exclusive, non- transferable License to access Rethinking Schools Online. The License hereunder includes access to web- accessible articles and web- accessible issues of Rethinking Schools Online. The License hereunder does not permit digital downloads of individual articles or complete issues of Rethinking Schools Magazine. The terms and conditions of this License are as of the Effective Date, superseding any prior understanding between Publisher and Subscriber regarding access to Rethinking Schools Online. 2. Authorized Users and Institutions Authorized Users are authenticated, current full- time and part- time students, employees (including faculty, staff, affiliated researchers, independent contractors, and walk- in users), and other individuals who have legal access to the Subscriber s facilities and computer network. Remote access is allowable to Authorized Users only if they are authenticated through a secure network. Open proxies and other non- authenticated proxy servers are prohibited. An Institution is all parts of an organization that report to the same Chief Academic Officer or Chief Executive Officer. For multi- campus academic institutions, each organization is a separate Institution and requires its own site License. 1

2 3. Copyright and Trademark Ownership Publisher is the owner of all rights, including without limitation, copyright and trademark, for all works published in Rethinking Schools Online, as a compilation and as individual articles, collectively and individually, unless the work is in the public domain. Publisher is subject to all applicable national and international copyright and trademark laws, database protections, and other rights of the Publisher as copyright and trademark owner. Neither Subscriber nor its Authorized Users shall have any right, title or interest in Rethinking Schools Online, except for the License expressly set forth in this Agreement. Subscriber and Authorized Users of Rethinking Schools Online are prohibited from removing or modifying any intellectual property notices including, but not limited to, copyright, trademark, and patent notices. 4. Scope of License All use of content in Rethinking Schools Online is subject to applicable copyright law, and reproduction of Rethinking Schools Online or any portion thereof is authorized only as follows: a. Publisher grants to Subscriber and its Authorized Users access to Rethinking Schools Online solely through Subscriber s Internet Protocol addresses (IP addresses) provided by Subscriber. This grant extends only to Subscriber and such Authorized Users individually and may not be transferred or extended to others. All rights not expressly granted herein are reserved to Publisher. b. Subscriber and its Authorized Users may print, or copy text for personal, noncommercial use. The License granted hereunder does not permit the downloading of entire issues of Rethinking Schools Online and systematic downloading is prohibited. Recompiling, copying, reselling, creating derivative works, redistributing, publishing, modifying, displaying, or republishing of any journal text, search results, or other information from Rethinking Schools Online, or any portion thereof, in any form or medium now or hereafter known is prohibited without the express written permission of Publisher. Subscriber and Authorized Users may only use this online access in a way that conforms to these terms and conditions and all applicable laws and regulations. c. Commercial use (e.g., downloading, posting of a file, or printing to resell or distribute) of any article or any portion of Rethinking Schools Online is expressly prohibited. d. Subscriber may fulfill occasional requests from other institutions for Interlibrary Loans. The License hereunder shall not exclude, modify or affect any of Subscriber s rights under Copyright Revision Act 1976 as amended, provided that such rights are exercised in accordance with Section 108 of the Act and with the guidelines 2

3 developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines) and published in U.S. Copyright Office Circular 21. e. Authorized Users may transmit to a third party in hard or electronic manner, minimal or insubstantial amounts of Rethinking Schools Online for personal, scholarly, educational, scientific or research use but in no case, for resale or commercial purposes. f. Braille Transcription: Subscriber may transcribe any portion of Rethinking Schools Online into Braille script or enlarged type for Authorized Users who are visually impaired. g. Contributing Authors: Authors of articles published in Rethinking Schools Online who are Authorized Users of Subscriber may use their articles in accordance with Publisher s agreement with authors. h. Subscriber may not incorporate all or any part of Rethinking Schools Online in printed Course Packs without prior written permission of the Copyright Clearance Center, under terms and conditions approved by Publisher for such usage. 5. Subscriber s Undertakings: a. Subscriber will undertake all necessary authentication and verification processes to ensure that only Authorized Users can access Rethinking Schools Online. Subscriber will not knowingly permit anyone other than Authorized Users to have access to Rethinking Schools Online. Publisher reserves the right to independently verify that only Authorized Users can access Rethinking Schools Online, and Subscriber agrees to permit such verification. b. Subscriber is solely responsible for creating and maintaining reasonable security measures and for posting policies that do not contradict the rights and restrictions described in these guidelines to ensure that only Authorized Users have access to Rethinking Schools Online. c. Subscriber is prohibited from entering into agreements which provide access to Rethinking Schools Online with any other individuals, organizations, vendors, affiliates, or partners. d. Subscriber affirms that all IP addresses in the range listed for authorization are specifically under its administrative control for the use of Authorized Users as defined herein. Subscriber is responsible for maintaining the list of IP addresses of all Authorized Users. Unauthorized use of a Subscriber s IP address to access Rethinking Schools Online, with or without Subscriber s knowledge, is a violation of these terms and conditions. 3

4 e. If Subscriber becomes aware of unauthorized access to Rethinking Schools Online, it will notify Publisher immediately and cooperate in locating and attempting to stop the specific individual(s) or entities who is/are violating the terms and conditions of this License. If the specific abuser(s) cannot be identified or stopped by the reasonable efforts of Subscriber, Publisher has the right to withhold, suspend, or terminate access to all or any portion of Publisher s web site, without liability. f. Subscriber agrees not to remove, cover, overlay, obscure, block, or change any statements that Publisher may post on the web site to inform users about system features, terms of use, or copyright conditions. 6. Term and License Fee a. The License hereunder shall commence at the beginning of the Term identified on Appendix A, attached hereto and incorporated by reference herein, and shall automatically terminate at the end of the Term, unless the parties have previously agreed in writing, to a renewal period. The License provided by Publisher hereunder provides access to Rethinking Schools Online only during the Term of the License, and during the renewal period, if any. b. The License Fee which Subscriber agrees to pay to Publisher is identified on Appendix A, attached hereto and incorporated by reference herein. 7. Technical Access Publisher intends that Rethinking Schools Online will be available online 24 hours per day, 7 days per week. However, Publisher does not guarantee access, and will not be liable for damages or refunds should the site become unavailable temporarily or if access to the site becomes slow or incomplete due to system back- up procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause that may from time to time make the site inaccessible for Subscriber and its Authorized Users. 8. Warranty While Publisher seeks to ensure the accuracy of content posted online, Publisher does not warrant or guarantee the accuracy, completeness, merchantability, or fitness for a particular purpose of Rethinking Schools Online. In no case shall Publisher incur any liability in excess of site license fees paid for Rethinking Schools Online during the 6- month period preceding any claim or notice of damages. Access to Rethinking Schools Online is provided on an as is basis, and Publisher disclaims any and all other warranties, conditions, or representations, express, implied, oral or written, in relation to Rethinking Schools Online or any other part therefore, including, without limitation, any and all implied warranties of quality, performance, merchantability, or of fitness for a particular purpose. In no event will Publisher be liable for exemplary, special, indirect, incidental, punitive, or consequential damages 4

5 arising out of, or in connection with, the License, loss of data, a computer virus or worm, or the inability to use Rethinking Schools Online. Publisher makes no representation or warranty, and expressly disclaims any liability with respect to content, including, but not limited to, errors or omissions, libel, infringement or rights of publicity, privacy, moral rights, or the disclosure of confidential information. 9. Assignment This License may not be assigned, directly or indirectly, in whole or in part, without the prior written consent of Publisher. 10. Governing Law This License shall be interpreted and construed in accordance with, and be governed by, the laws of Wisconsin, and any choice or conflict of law provision or rule that would cause application of the laws of any other state or jurisdiction to apply shall not be given effect. The exclusive venue for any litigation commenced regarding this Agreement shall be the courts of the state of Wisconsin, or the U.S. District Court for the Eastern District of Wisconsin, and the parties expressly consent to personal jurisdiction in such court. 11. Severability and Waiver If any provision of this License is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this License constitute a continuing waiver of other breaches of the same or other provisions of this License. 12. Notices Notices hereunder shall be in writing and be delivered by hand, or by registered or certified mail, return receipt requested, to the contract addresses noted in the first paragraph of this License. 5

6 Institution/Library Information: Please provide the name and address of the library or other organization that has paid for this electronic access. In most cases, this should be the address to which the paper copy of the journal is mailed. This information will be used to match this registration form with the correct subscription payment. Institution/Library Name: Mailing Address: City/State: Zip/Postal Code/Country: Institution/Library Contact Information: Ms./Mrs./Dr./Mr.: Name: Telephone: Fax: Network Information Please provide the beginning and ending IP addresses in your range of addresses. You may register as large a range of IP addresses as necessary to describe the network in use at the site identified above. Please be certain that the IP address range submitted is in use only at the registering site. Domain Name: Beginning IP Address: Ending IP Address: Accepted and agreed to: Subscriber Title 6

7 Rethinking Schools Limited Institutional Site License Appendix A Term: This License shall continue in effect for [insert duration i.e. one (1) year], commencing the day of receipt of the License Fee ( Term ). The Term shall continue unless renewed in writing by the Institution. Site License Fee: $199 for one year of access. 7