LEXIS-NEXIS

Rights and Restrictions

SUBSCRIBER AGREEMENT THROUGH SOLINET

The Southeastern Library Network ("SOLINET") will include The Community College League of California (CCLC) in its contract with CIS LEXIS-NEXIS to allow access to the Congressional Information Service (CIS) LEXIS-NEXIS SERVICE known as LexisNexis Academic under the terms and conditions specified herein. The General and Supplemental Terms and Conditions are also set forth in the online main menu of LexisNexis Academic. (NOTE: supplemental terms can be found online at http://www.lexis-nexis.com/lncc/about/terms.html#supp. Supplemental terms are specific terms and conditions as supplied by the publisher source and specific to a database.) The General Terms and Conditions represent the entire agreement for access to and use of the SERVICE. SUBSCRIBER agrees to abide by the information provider terms and conditions, as revised from time to time, as if same were fully set forth herein.

  1. CCLC agrees to access and use the CIS/LEXIS-NEXIS SERVICE in accordance with the attached Subscriber Terms and Conditions. The SUBSCRIBER will exercise reasonable good faith efforts to inform Authorized Users of restrictions on use of the SERVICE; however, the Subscriber shall not be liable for the actions of individual Authorized Users who act without the knowledge and consent of the Subscribers.
Subscriber Terms and Conditions
  1. License Grant
    CIS/LEXIS-NEXIS hereby grants to SUSBCRIBER and their Authorized Users, including remote users, a non-exclusive, nontransferable, limited license to access and use for research purposes the SERVICE. All research shall be directly connected to the educational activities of the SUBSCRIBER. Any other use of the SERVICE is prohibited. The entire SERVICE or any portion thereof shall remain the property of CIS/LEXIS-NEXIS. SUBSCRIBERS and their Authorized Users shall not create derivative products for resell. This license includes:

    1. The right to electronically display Materials retrieved from the SERVICE to no more than one person at a time (no dissemination or redistribution via electronic bulletin boards, e-mail, intranets, the Internet or similar electronic medium), subject to the Supplemental Terms for Specific Materials. This does not limit the number of simultaneous users of Academic Universe. However, the Authorized User may display the results to multiple parties for purposes of classroom instruction;
    2. The right to download an insubstantial number of documents retrieved from the SERVICE and store them in machine-readable form, primarily for one person's exclusive use, to the extent such storage is not further limited or prohibited by the Supplemental Terms for Specific Materials; and
    3. The right to print documents retrieved from the SERVICE.

      To the extent permitted by applicable copyright law and not further limited or prohibited by the Supplemental Terms for Specific Materials, Authorized Users, may make copies of materials retrieved from the SERVICE and distribute such copies. Except as specifically provided in the above Grant, Authorized Users are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the SERVICE. CIS/LEXIS-NEXIS is responsible for displaying all copyright and any Supplemental Terms related to the material online to the Authorized User before printing or downloading can occur.

      All right, title, and interest (including all copyrights and other intellectual property rights) in the SERVICE (in both print and machine-readable forms) belong to the provider of the SERVICE or its third party suppliers of materials. SUBSCRIBERS acquire no proprietary interest in the SERVICE, Materials, or copies thereof.

      Except as specifically provided herein, Authorized Users may not use the SERVICE or materials retrieved from the SERVICE in any fashion that infringes the copyrights or proprietary interests therein. Authorized Users may not remove or obscure the copyright notice or other notices contained in materials retrieved from the SERVICE.

      Authorized Users may not use information included in the SERVICE to determine a consumer's eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.

      Other provisions that govern Authorized Users use of the SERVICE are set forth in the Supplemental Terms for Specific Materials, online descriptions of files, online notices following file selection, and individual documents retrieved from the SERVICE (collectively, the "Additional Terms"), all of which are incorporated by reference into this Agreement.

      CIS/LEXIS-NEXIS shall provide access to and use of the SERVICE by enrolled students, active instructors, active faculty, and administrative staff, and, other SUBSCRIBER personnel designated by SUBSCRIBER and approved by CIS/LEXIS-NEXIS (collectively "Authorized Users"), in accordance with the terms and conditions of this Agreement. Any person who does not possess an authorized and valid college or university identification is unauthorized. SUBSCRIBER will not actively promote the use of the SERVICE to unauthorized users. CIS/LEXIS-NEXIS will not consider immaterial amounts of access to the SERVICE by unauthorized users (walk-in traffic in the library) as a breach of the Agreement.

      Access to the SERVICE is controlled by IP domain addresses of the SUBSCRIBERS. In addition to the SERVICE, CIS/LEXIS-NEXIS shall provide SUBSCRIBER with supplemental access and use of the traditional, proprietary CIS/LEXIS-NEXIS SERVICE, as described in the attached Academic Access Service Simultaneous User Schedule, at no additional charge to the SUBSCRIBER.

  2. COPYRIGHT/TERMS AND CONDITIONS

    SUBSCRIBER and its Authorized Users of the SERVICE acknowledge that the copyright and title to the information content and organization are and remain with CIS/LEXIS-NEXIS. Any exceptions are identified in this Agreement. SUBSCRIBER agrees to communicate the substance of the following statement (which may be changed in whole or in part by the CIS/LEXIS-NEXIS from time to time), in the agreed upon SUBSCRIBER AGREEMENT, as transmitted to its users periodically:

    "Copyright year, CIS/LEXIS-NEXIS, Inc. All rights reserved. No part of this SERVICE may be used except for research purpose, and the SERVICE may not be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the CIS/LEXIS-NEXIS. "ACADEMIC UNIVERSE" may not be duplicated in hard copy or machine-readable form without the prior written authorization of CIS/LEXIS-NEXIS, except that limited reproduction of output is permitted solely for internal distribution within the user's organization in accordance with the terms of this Agreement and CIS/LEXIS-NEXIS Terms and Conditions.

  3. MISCELLANEOUS

    1. Year 2000 Compliance


      2. CIS/LEXIS-NEXIS hereby certifies that on or before January 1, 2000, the SERVICE will meet all Year 2000 compliance and compatibility requirements including, but not limited to, date data century recognition, calculations which accommodate same century and multi-century formulas and date values, and date data interface values that reflect the century; and that the SERVICE will function normally and provide valid results irrespective of date data. In the event the SERVICE is not fully Year 2000 compliant by January 1, 2000, at no additional charge to Subscriber, CIS/LEXIS-NEXIS shall use reasonable business efforts to render the SERVICE Year 2000 compliant within thirty (30) days of such discovery of noncompliance. In doing so, CIS/LEXIS-NEXIS shall not require Subscriber to make any changes to any software except to install or have installed any changes provided by CIS/LEXIS-NEXIS, shall not require or cause to be made any changes to Subscriber's data unless Subscriber approves such changes in its sole discretion, and shall not require or cause to be made any changes to any other product or service that Subscriber uses in its business operations. If CIS/LEXIS-NEXIS is unable to render the SERVICE Year 2000 compliant within thirty (30) days of discovering such noncompliance, Subscriber's sole and exclusive remedy shall be termination of the Agreement without further obligations or liability to CIS/LEXIS-NEXIS. In addition, CIS/LEXIS-NEXIS shall provide a pro rata refund or credit for any prepaid fees or fixed charges. The above certification shall not apply to Subscriber output formats that are not Year 2000 compliant.