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Return TWO SIGNED COPIES of this agreement with your completed order form.
By this agreement, the Association for Asian Studies (AAS) grants the Subscriber a non-exclusive license to subscribe to the Bibliography of Asian Studies (BAS) on the Internet, subject to the terms and conditions set forth in paragraphs 18 below, all of which are hereby agreed to between the AAS and the subscriber.
Please read the Terms and Conditions. By signing below you certify that you have read and agree to abide by all such Terms and Conditions listed below, and that you are authorized to sign this form on behalf of your institution.
Subscribing institution: ___________________________________
Authorized signature: ____________________________________
(a) "The BAS" means the Internet version of the Bibliography of Asian
Studies, which includes the full contents of the printed Bibliography of Asian
Studies from the 1971 to the 1991 editions, plus additional and more recent
citations. The AAS reserves the right to add or delete BAS content at any time.
(b) "Authorized User" means an employee, faculty member, staff member, or student officially affiliated with the Subscriber, or an authorized client of the Subscriber's library facilities.
(c) "Subscriber" means a single non-profit educational institution or a member of a consortium of such institutions that has signed this Agreement and has remitted the appropriate subscription fee to the AAS.
2. Scope of License
The subscription includes authorization of access by means of one or more IP addresses at the institution for authorized users via multiple connections. If a proxy server is being registered for access, the subscriber agrees to maintain the security of the access by authenticating authorized users before allowing use of the proxy. This proxy server is only to allow use by individual authorized users of the subscribing institution, not use by other institutions or organizations.
Authorized Users must be employees, faculty, staff or students officially affiliated with the Subscriber, or authorized clients of the subscriber's library facilities. An authorized user or Consortium participant may not make BAS available to anyone other than another authorized user, whether by telephone link or by permitting access through his or her terminal or computer, or by other similar or dissimilar means or arrangements.
If the Subscriber has one or more remote sites or campuses which do not have their own central administrative staff, but are instead administered by the subscriber's site or campus, persons affiliated with those remote sites or campus will also be considered Authorized Users.
This subscription entitles the authorized users to access the BAS by multiple connection to:
(a) make searches of the BAS,
(b) make one or more copies in hard copy form of the output of any search; such copies may not be sold and may not be distributed to anyone who is not an Authorized User; and
(c) download search results to hard disk or diskette, provided that such data are not made available to anyone who is not an Authorized User.
An Authorized User may not make the BAS available to anyone other than another Authorized User, whether by telephone link or by permitting access through his or her terminal or computer; or by other similar or dissimilar means or arrangements.
The Subscriber is solely responsible for all security, and all use (including unauthorized use) of the BAS provided to its IP address(es), and will undertake reasonable and appropriate methods to enforce the terms of access. Enforcement must not violate the privacy and confidentiality of Authorized Users.
The Subscriber may not utilize the BAS database for commercial purposes, including, but not limited to the sale of materials, fee-for-service use of the database, or bulk reproduction or distribution of materials in any form; nor may the Subscriber impose special charges on Authorized Users for use of the database beyond reasonable printing or administrative costs. Furthermore, under no circumstances may the Subscriber (a) remove, obscure, or modify any copyright or other notices included in the materials; or (b) use materials in a manner that would infringe the copyright therein.
The Subscriber shall use reasonable efforts to protect the database from any use that is not permitted under this Agreement, and shall notify the AAS of any such use of which it learns or is notified. In the event of violation of the User Rules, the Subscriber agrees to consider the imposition of further restrictions on access to, and downloading and printing from, the database. The AAS and the Subscriber shall from time to time consult on the establishment of further measures to inform Authorized Users of the availability of the database and of the user rules.
The Subscriber is responsible for establishing and maintaining hardware and Internet access to provide access to, and to transmit the BAS database to Authorized Users. The Subscriber understands that Internet browser software is required to access the database.
3. Terms and Fees
A new subscription will become effective on the first day of the month following receipt of the order form, this agreement, and the subscription payment, and will be in effect for twelve months as of that date. The subscription and this agreement will remain in effect thereafter for successive years so long as annual subscription fees are paid. Either party may terminate this agreement, effective on the next renewal date, by at least 30 days written notice to the other party.
The annual fee for this subscription will vary by the size of the institution, participation in consortia, and other criteria established by the AAS, as published in the current Subscription Fee Schedule. Fees may be raised or lowered by written notice to the subscriber, given at least three months before the renewal date. Subscription renewals must be paid on or before the renewal date or the subscription will be cancelled.
The Subscriber shall be responsible for all costs associated with establishing access to the BAS database, including but not limited to any telecommunications or other charges imposed by carriers, proprietary network operators and Internet access providers, or licenses for browser software, if any. The Subscriber shall also be responsible for all costs associated with printing from the database, and for any taxes relating to the Subscriber's or authorized Users' use of the database.
The BAS and its contents are subject to copyright, database protection, and other rights of the publisher (AAS), under the laws of the United States and the country of use. The subscriber is allowed the "fair use" of all information for non-commercial, educational, instructional, and scientific purposes by authorized users.
The subscriber acknowledges that it has no claim to ownership by reason of its use of or access to the BAS. Recompiling, copying, publication or republication of data beyond "fair use," in any form or medium whatsoever, may be done only with specific written permission from the AAS.
5. Access to the Database
Access to the BAS database shall be controlled by AAS through the use of IP addresses. BAS access is granted site-wide only to those IP addresses specifically listed in this agreement (numeric IP domain addresses). Consortium participants may request access for any number of IP addresses; however, usage must be restricted to a single site for each participant institution.
The Subscriber shall be responsible for verifying the status of Authorized Users, providing lists of IP addresses to AAS, and updating such lists on a regular basis. The Subscriber shall cooperate with AAS in the implementation of additional security procedures as they are developed.
6. Suspension or Termination of Access
In the event of a material breach of this Agreement by the Subscriber, which breach is not cured within 30 days notice by the AAS that such breach has occurred, the Subscriber shall immediately cease using the product and this Agreement shall terminate.
7. Representations and Warranties
(a) The AAS has made and will make good faith efforts to ensure that the BAS is
complete and accurate. However, the AAS does not warrant completeness or accuracy, and
does not warrant that the Subscriber's use of the BAS will be uninterrupted or error-free,
or that the results obtained will be useful or will satisfy the user's requirements.
(b) The AAS warrants that it is entitled to grant the licenses outlined in this agreement, but makes no other warranties or representations of any kind, expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
(c) The subscriber will be permitted to access the BAS at any time. The AAS will not be liable for any delay, down time, or other failure of performance, but will use reasonable efforts to correct any performance problem brought to its attention.
(d) The AAS will not be responsible for incidental, consequential, or any other damages arising out of or in connection with the service or materials provided hereunder.
(e) The AAS makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. The AAS further expressly disclaims any warranty or representation to Authorized Users, or to any third party.
(f) The Subscriber shall be responsible for all claims, costs, demands, expenses, and liabilities, including reasonable attorney's fees, resulting from: (i) breach of this Agreement by the Subscriber; and (ii) the Subscriber's negligent use of the Database, if directed by a Court of Law.
(g) The Subscriber represents and warrants that it is providing no IP addresses to the AAS that pertain to any campus other than those listed or indicated in this Agreement, or for which access has otherwise been agreed in writing by the AAS.
(h) The BAS database is provided on an "as is" basis, and the AAS disclaims any and all other warranties, conditions, or representations (express, implied, oral, or written), relating to the database or any part thereof, including, without limitation, any and all implied warranties of quality, performance, compatibility, merchantability or fitness for a particular purpose.
(a) This agreement constitutes the entire agreement of the parties and supersedes any
prior communication between the parties with respect to the subject matter hereof. It may
be amended only by a written instrument signed by both parties.
(b) The subscriber may not assign or transfer rights under this agreement.
(c) All notices given pursuant to this Agreement shall be in writing, and may be delivered by hand or by overnight carrier, or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies must be sent as specified above. Either party may from time to time change its Notice Address by written notice to the other party.
The Parties certify that they have read and agree to be bound by all terms and
conditions of the BAS Online Subscription Agreement and that they are am authorized to
sign this form on behalf of their respective institutions:
Subscribing Institution: _____________________________________________
Name (print clearly or type): ________________________________
END OF CONTRACT