Rights and Restrictions
The Product subject to this Agreement is the NewsBank database(s)
subscribed to by Customer.
- NewsBank grants to Customer and to Customers' Authorized Users as limited to staff, faculty, and students of the Customer's institution or organization as well as other users of the Customer's on-site computer facilities, on the terms set forth in this Agreement, a non-exclusive, nonassignable, concurrent-use license to use the Products at the licensed site(s). Customer understands and acknowledges that its use is subject, after reasonable notice, to restrictions and disclaimers that NewsBank or its suppliers by publish, from time to time.
- The licensed use of the products consists of access, search, retrieval, veiwing, printing, and downloading. Printing and downloading are limited to insubstantial portions of the data, for temporary storage.
- Customer will take reasonable steps to ensure that only Customer's Authorized Users use the Products, and that Customers' Authorized Users do so in accordance with this Agreement.
- Express Restrictions
- On-Site Use: Customer may make the Products available for authorized use at the Licensed Site over a computer network to the number of concurrent users.
- Remote Use: Customer that is a school or other academic institution, if granted a remote-use license, may make the Products available to Customer's Authorized Users who are not at the Licensed Site. NewsBank grants to such Customers the non-exclusive right to provide to the licensed number of concurrent users non-commercial access to the Products listed under the following conditions:
- Users must access the Products only through the server or network located at the Licensed Site and Customer's server or network must have adequate security to allow access only by Authorized Users.
- Users must access the Products only through user authentication programs supplied to Customer by NewsBank.
- Intellectual Property
- Customer acknowledges that the Products consist of materials copyrighted by third parties and containing trademarks owned by third parties, and that NewsBank owns the copyright in the materials as compilations. Customer acknowledges that its use of the Products, including use by Customers' Authorized Users, must not infringe the rights of any third parties.
- In accordance with the fair-use provisions of the Copyright Act of the United States, Customer and Customer's Authorized Users will reproduce or store, and allow to reproduce or store, only insubstantial portions of the Products, resulting from specific searches for Customer's internal use. Customer and Customer's Authorized Users will not store or use, or allow to store or use, any portion of the Products in a searchable database without written permission of NewsBank as agent for the underlying copyright-holders.
- Warranty, Liability, Indemity
- NewsBank does not warrant that use of the Products will be uninterrupted or error-free.
- As a provider of data supplied by others, NewsBank does not warrant the accuracy or completeness of the Products, or results obtained by using them. NewsBank disclaims liability for any offensive, defamatory, or infringing materials in the Products.
- Customer will take reasonable steps to warrant that Customer's Authorized Users will use the Products according to the terms of this Agreement, and that they will not bypass, or attempt to defeat, NewsBank's or Customer's security measures preventing unauthorized use of the Products.
- Neither NewsBank nor its suppliers will be liable for consequential or punitive damgages, even if notified of their possibility. This limitation may not apply in some states.