Access to the Libris Canadiana database is provided to licenced subscribers under the terms outlined below:
1.0 Definitions
a) Reference Press is a sole proprietorship registered in Ontario.b) The Database is a searchable electronic database published by Reference Press for which the Customer has paid the appropriate fee or has been authorized for trial access.
c) Customer is the entity (a person or institution) which pays the fee for access to the Database.
2.0 User Licence
a) Reference Press grants to the Customer and its authorized users a non-exclusive, non-transferable licence allowing only the Customer and its authorized users to access the Database.b) The Customer may not transfer, assign or sublicense this license.
c) The Database and associated materials are the property of Reference Press and are protected by copyright laws and by international treaties.
d) No title is transferred by this license or by the payment of any fee.
e) Any rights not expressly granted in this license are reserved to Reference Press.
2.1 What the Customer May Do
The Customer and its authorized users may:a) Make searches of the Database.
b) Make a limited number of hard copies of any search output that does not contain a significant segment of a database. These copies may be used by the Customer for personal use only and may not be sold.
c) Make one copy of any search output in electronic form to be used for editing or temporary storage only.
2.2 What the Customer May Not Do
The Customer and its authorized users may not:a) Sell, distribute or commercially exploit the Database or associated material.
b) Transfer the Database to hard disk.
3. Term
This license applies to any use of the Database during authorized trial periods and during the period for which a fee has been paid. Reference Press reserves the right to cease offering the Customer the opportunity to renew a subscription.4. Limitation of Warranties and Libability
a) Reference Press warrants and represents that they have the right to enter into this Agreement and to provide access as is to the Database.b) THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES AND CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH REFERENCE PRESS DISCLAIM.
c) THE PRESENCE IN OR ABSENCE FROM THE DATABASE OF ANY REFERENCE TO INFORMATION, DATA, EVENTS, RESEARCH OR DEVELOPMENTS DOES NOT IMPLY THE SPECIFIC EXISTENCE OR THE NON-EXISTENCE THEREOF, NOR DOES REFERENCE PRESS CLAIM COMPREHENSIVENESS OR THE ABSENCE OF ERRORS.
d) IN VIEW OF THE ABOVE, ALL LIABILITY IS DISCLAIMED FOR THE ACCURACY, COMPLETENESS OR FUNCTIONING OF THE DATABASE.
e) REFERENCE PRESS ASSUMES NO RESPONSIBILITY FOR THE CUSTOMER'S USE THEREOF AND SHALL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES AS A RESULT OF SUCH USE, EVEN IF EXPRESSLY MADE AWARE OF THE POSSIBILITY THEREOF.
f) IN NO EVENT MAY A CUSTOMER BRING ANY ACTION AGAINST REFERENCE PRESS ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, DETERMINED WITHOUT REGARD TO WHEN THE CUSTOMER SHALL HAVE LEARNED OF THE ALLEGED DEFECT, INJURY, OR LOSS.
g) REFERENCE PRESS SHALL IN NO EVENT BE LIABLE FOR MORE THAN THE LICENSE FEE PAID (WHETHER SUCH LIABILITY ARISES FROM BREACH OF WARRANTY, BREACH OF THIS CONTRACT OR OTHERWISE, AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY).
h) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO EACH CUSTOMER.
5. Idemnification
Excluding claims arising out of or relating to the violation by Reference Press of any third party copyright, trade secrets, or trademark, the Customer agrees to indemnify Reference Press and hold them harmless from and against any alleged breach of the Customer's obligations made under this Agreement.6. Termination
If the Customer breaches any term of this Agreement, Reference Press may, in addition to its other legal rights and remedies, terminate the licence granted hereunder on 30 days notice to Customer. Upon any termination for breach, the Customer will, unless otherwise agreed to in writing by Reference Press, forthwith erase all electronic storage of search outputs or other electronic storage under its control. Any termination, whether or not for breach, will not affect any obligation or liability of a party arising prior to termination, and the provisions of Paragraphs 4 and 5 will survive any termination. In the event of termination, whether or not for breach, the remainder of the annual subscription fee paid by the Customer will not be refunded.7. Force Majeure
Reference Press will not be responsible for any delay or failure in performance resulting from any cause beyond their control.8. Entire Understanding
This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof. Any representation, promise, warranty, covenant or undertaking not expressly set forth in this licence shall not be deemed a part of the Agreement or otherwise legally effective.9. Severability
If a term or condition of this licence is invalid or unenforceable, the remaining terms and conditions will remain in full force and effect.