RefAware Terms And Conditions
1. License
RefWorks, a business unit of ProQuest LLC (“RefWorks”) hereby grants Customer a non-exclusive, non-transferable license to use the RefAware service (the “Service”) in accordance with the terms and conditions set forth herein. Customer may use the Service for current awareness research purposes in the internal operation of its organization only or, if Customer is an individual, for his/her personal use only. This license is a site license, which allows for access by a single entity in a single geographic location (school, business or public agency). The Service may be networked throughout the entity’s geographic location and may also be made available remotely through secure access procedures that Customer establishes. If Customer is an academic institution, then this license extends to its Authorized Users: the faculty, staff and students of the academic institution. Authorized Users of non-academic institutions are specified on the Customer’s Registration Form.
2. Payment
Customer must pay the appropriate subscription fee for use of the Service plus all applicable sales, use or similar taxes. Notwithstanding the foregoing, Customer may, if Customer so chooses, elect to have a limited trial period of the Service. At the end of the trial, Customer must pay the appropriate fee to retain the right to use the Service. If the fees are specified in dollars, then they are to be paid in United States dollars.
3. Proprietary Rights in the Service
Customer acknowledges that the Service is proprietary to RefWorks and that the Service shall remain the exclusive property of RefWorks and that Customer has no rights therein other than as set forth herein. RefWorks has copyrighted the Service and all rights are reserved. Other than as set forth herein, Customer shall not duplicate, distribute, sell, commercially exploit, create derivative works from, reverse compile or otherwise make available the Service to any third party.
4. No Warranties
REFWORKS IS PROVIDING THE SERVICE IN AN “AS IS” CONDITION. REFWORKS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS, CURRENCY, RELIABILITY OR PERFORMANCE OF THE SERVICE OR THE USE OR RESULTS TO BE OBTAINED FROM USING THE SERVICE OR THE INFORMATION CONTAINED THEREIN. REFWORKS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, AND, IN PARTICULAR, REFWORKS DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NONINTERFERENCE, NONINFRINGEMENT, INFORMATIONAL CONTENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICE.
5. Limitation of Liability
REFWORKS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST PROFITS, LOSS OF USE, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, CAUSED TO ANY PERSON AS A RESULT OF THE USE OF THE SERVICE OR THE INFORMATION CONTAINED THEREIN REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS FORSEEABLE. WITHOUT LIMITING THE FOREGOING, REFWORKS’ LIABILITY, IF ANY, SHALL BE LIMITED TO THE PRICE PAID BY CUSTOMER FOR THE SERVICE.
The Service is licensed and not sold. Continued access to the Service depends on the renewal of the Service license by Customer.
6. System Requirements
Customer acknowledges that there are certain system requirements that are necessary in order to use the Service, and Customer is financially and technically responsible for ensuring that these requirements are met. These system requirements are (a) full access to the Internet (TCPIP) and (b) a World Wide Web browser, either Netscape (version 6.0 or higher) or Microsoft Explorer (Version 5.0 or higher).
7. Force Majeure
RefWorks shall not be responsible for any failure to perform, or delay in performance, in whole or in part, due to unforeseen circumstances or circumstances beyond RefWorks’ control.
8. Equal Employment Opportunity
RefWorks agrees to comply with all provisions of Executive Order 11246 of September 24, 1965, and all rules, regulations and relevant orders of the Secretary of Labor related to equality of employment opportunity which Executive Order, rules, regulations and orders are incorporated herein by reference.
9. Term and Termination
RefWorks may cancel this license if Customer violates any of the terms and conditions set forth herein. The terms and conditions of paragraphs 3, 4, 5, and 10 shall survive termination of this license.
10. Governing Law
Any questions concerning the validity, construction, or performance of this license shall be governed by the laws of the State of Michigan excluding its conflicts of laws principles.
February 2008