PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING AND RETURNING THE ORDER FORM. BY SIGNING THE ORDER FORM AND RETURNING IT WITH YOUR PAYMENT, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT.
"Data" shall mean the contents of Foundations in Wisconsin Online Edition.
1. LICENSE. Marquette University - John P. Raynor, S.J., Library's Funding Information Center (hereinafter "Licensor") grants you (hereinafter "Licensee") a nonexclusive, nontransferable license to access the Data over the Internet in accordance with the terms and conditions of this Agreement. Licensor will issue Licensee a username and password for access to the Data for up to one (1) year from date of issuance. Licensee may have up to two (2) simultaneous users.
The license granted herein includes the right to search and browse the Data for the purpose of displaying a portion of the Data on a computer screen, printing out a hard copy of such portion and saving same to a hard or floppy disk all for Licensee's internal use only. If Licensee is a public, college, or university library, or other public institution whose resources and similar products are typically available to the general public, then the Data may also be accessed by authorized members of and authorized visitors to the library or institution so long as it is used in accordance with the terms and conditions of this license. Otherwise, Licensee shall limit access to the Data to Licensee's employees, officers, and directors.
Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Materials is granted under this Agreement including, in particular, any limitations on access or use of the Licensed Materials as set forth in this Agreement.
Licensee shall use reasonable efforts to inform Authorized Users of the restrictions on use of the Licensed Materials. In the event of any unauthorized use of the Licensed Materials by an Authorized User, (a) Licensor may terminate such Authorized User's access to the Licensed Materials, (b) Licensor may terminate the access of the Internet Protocol ("IP") address(es) from which such unauthorized use occurred, and/or (c) Licensor may terminate such Authorized User's access to the Licensed Materials upon Licensor's request. Licensor shall take none of the steps described in this paragraph without first providing reasonable notice to Licensee and cooperating with the Licensee to avoid recurrence of any unauthorized use.
Any use of the Data other than provided above is strictly prohibited. Without limiting the foregoing prohibition, Licensee shall not (1) permit any third party, including related institutions, to use or have access to the Data, or any portion thereof, whether as a result of a sale, lease, loan or otherwise, (2) reproduce or copy the Data, or any portion thereof in any manner other than as provided above, (3) modify, adapt, translate or reverse engineer any portion of the Data, and (4) use any portion of the Data as a component or basis for a database, or (5) share username and password with third party, or (6) create any derivative work or competing product based in whole or in part on any portion of the Data, whether in hard copy or otherwise.
2. TITLE. The Data contains material proprietary to Licensor and other third parties. Except for the license granted herein, all rights, title and ownership in the Data, including all copyrights, patents, trade secrets, and trademarks therein, remain with Licensor as applicable. Any copy of the Data made by Licensee, or any portion thereof, is the property of Licensor.
Licensee agrees to secure and protect the Data, and any copies of the Data or portions thereof, in a manner consistent with the maintenance of Licensor's rights therein, and to take appropriate action by instruction to Licensee's employees, and any other persons authorized to use the Data under the terms of this Agreement, or by any other appropriate method, to satisfy Licensee's obligations hereunder.
3. UPGRADES. At the option of Licensor, the Data may be updated, corrected, or enhanced during the term of this Agreement.
4. TERMINATION. This license is effective for one year as provided above unless earlier terminated. This license will terminate in the event that Licensee breaches any provision of this Agreement and will automatically terminate without notice if any such breach occurs. Licensee must promptly notify Licensor of any breach of this Agreement. Upon termination, Licensee must cease using the Data, and any portion thereof, as well as any copies, and delete them from Licensee's computer system. There will be no refund of any license fee if this Agreement is terminated because of a breach of the Agreement by Licensee.
5. NOTICES. All notices shall be given in writing to: The Funding Information Center; Marquette University - Raynor Library; P.O. Box 3141; Milwaukee WI 53201-3141.
6. LIMITED WARRANTY. THE DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DATA, OR ANY PORTION THEREOF, IS WITH Licensee.
Licensor does not warrant that the information contained in the Data will meet Licensee's requirements or that the operation of the Data will be uninterrupted or error free. Licensor is not the provider or owner of any software, operating system, network connection or hardware necessary for Licensee to access the Data and all such matters shall be Licensee's sole and exclusive responsibility.
Licensor shall not be liable for any loss or injury arising out of, or caused, in whole or in part, by Licensor's negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in Data.
7. LIMITATIONS OF REMEDIES. In no event shall Licensor be liable for any indirect special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Data even if Licensor has been advised of the possibility of such damages.
In no event shall Licensor's liability under any legal theory exceed the amount paid by Licensee for the license granted herein.
(a) Licensee acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and further agrees that it is the complete and exclusive statement of the Agreement, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this Agreement. This Agreement may not be modified or altered except by a written instrument duly executed by both parties.
(b) This Agreement shall be governed by and construed exclusively in accordance with the laws of the State of Wisconsin, regardless of choice of law requirements. The parties herby consent to the jurisdiction of the state courts of Wisconsin and of any federal court in the venue of Wisconsin for the purpose of any suit, action or proceeding arising out of or related to this Agreement and expressly waive any and all objections they may have as to venue in any of such courts.
(c) The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
(d) No action, regardless of form, arising out of this Agreement may be brought by Licensee more than two (2) years after the date of delivery to Licensee.
(e) Licensor shall not be liable or deemed in default of the Agreement for any failure, delay or interruption resulting from any cause or circumstance beyond it reasonable control.
(f) If any of the provisions of this Agreement are held to be invalid by a court of competent jurisdiction
the remaining provisions of this Agreement shall remain in full force and effect.
Marquette University's Funding Information Center is open to the public. Please present a photo ID card at the entrance. Hours, appointments and other information, call: (414) 255-1515
John P. Raynor, S.J., Library, Funding Information Center
P.O. Box 3141
1355 W. Wisconsin Ave.
Milwaukee, WI 53201-3141