SOUTHSCAN LTD

Terms and conditions of licence for online access

Authorised site and users

SouthScan Ltd ("SouthScan") grants to the subscriber and authorised users at the subscriber's authorised site online access to each online journal for which the subscriber maintains a current subscription. This grant extends only to the subscriber and such authorised users individually and may not be transferred to, or extended to, others.

For purposes of this licence, an "authorised site" is a localised site (one geographical location) that is under a single administration. For an organisation with locations in more than one city, each city is considered to be a different site. For an organisation that has multiple locations in the same city that are administered independently, each location is considered to be a different site. No access from remote campuses or remote sites and no consortia or other forms of subscription sharing are allowed under this licence.

(If you are seeking online access for multiple sites, please contact the Customer Service Office at southscan@allafrica.com.)

"Authorised users" means only the employees, faculty, staff, and students officially affiliated with the subscriber at the authorised Site, and persons with legal access to the library's collections and facilities at the authorised Site, using IP addresses within a range identified to us. authorised users may be persons remote from the subscriber's physical location whose access is administered from the authorised Site, but not persons at remote sites or campuses with separate administrations. For example, an employee of the subscriber may be considered to be an authorised User when accessing the subscriber's network from home or while travelling to another city; however, employees of a branch campus or facility in another city are not considered to be authorised users.

The subscriber shall exercise reasonable vigilance and shall be responsible for all access control and security measures necessary to ensure that the subscriber's IP addresses are not used to access SouthScan material by other than authorised users. The subscriber warrants that common and reasonable methods will be used to inform authorised users of general terms and conditions for the use of online information products that are consistent with this Licence. Furthermore, the subscriber will make every attempt to enforce the terms of this Licence upon receiving information from SouthScan or any other source that reasonably indicates that one or more authorised users is in violation of the terms of this Licence.

IP Addresses

Authorised users will be recognised and authorised by their Internet addresses, supplied to SouthScan. A password may also be issued to the authorised subscriber.

Permitted use

The subscriber and authorised users are permitted online access to the SouthScan online journals indicated, and may download, save, or print text, search results, or other information from the these journals solely for the private use or research of the subscriber and the authorised users. The subscriber and authorised users may only use this online access in a way that conforms with all applicable laws and regulations.

SouthScan grants the subscriber and authorised users permission for brief quotations from articles with the customary acknowledgement of the source, and to copy and transmit content from individual online journal articles in "person-to-person" and non-systematic scholarly exchanges of information between authorised users and specific individuals.

InterLibrary Loan: Subscriber may fulfil requests from other institutions, a practice commonly called Interlibrary Loan. subscriber agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC §108, "Limitations on exclusive rights: Reproduction by libraries and archives") and clause 3 of the Guidelines for the Proviso of Subsection 108(g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works.

SouthScan encourages electronic links to the SouthScan website.

The subscriber specifically agrees that use by the subscriber or authorised users other than indicated above is a violation of the terms of this Licence.

Prohibitions on Certain Uses

Altering, recompiling, systematic or programmatic copying, reselling, redistributing, publishing or republishing (beyond the brief quotations and the inter-library loan permitted above) of any journal text, output, search results, or any other information from the SouthScan material, or any portion thereof, in any other medium is prohibited. All rights not expressly granted are reserved to SouthScan as the copyright holder of the material. The subscriber and authorised users may not circumvent SouthScan access control systems or use SouthScan's systems or services to make any attempt to gain unauthorised access to any other system or network.

Duration of Licence

This licence will become effective on receipt by SouthScan of the annual subscription fee, and, subject to the terms and conditions of this Licence, will remain in effect while the subscriber maintains a current subscription. This licence will terminate:

a. Subject to (b.) and (c.) below, if the print or online subscription lapses (termination is effective at the end of the paid subscription period).

b. Following thirty (30) days' prior written notice that any term or condition of this licence is violated for any reason, knowingly or unknowingly, provided that violation is not remedied with all reasonable haste upon notification. The foregoing notwithstanding, SouthScan reserves the right to suspend access to the service immediately upon detecting a breach of this licence. South Scan will use reasonable effort to notify the subscriber as soon as possible, usually within three (3) days of my such suspension of service, by sending e-mail to the address subscriber supplied.

c. Following thirty (30) days' prior written notice by SouthScan of any change in the terms of this Licence, receipt by SouthScan of notice from the subscriber in writing, or by e-mail or by fax that the subscriber does not accept such change or changes. (In the absence of any such objection by subscriber, SouthScan's new terms shall apply.) This Licence shall renew automatically for the term of any Print or online Subscription upon receipt by SouthScan of payment for that subscription.

Copyright

The SouthScan's reports are copyrighted by SouthScan Ltd. Copyright notices in the online journals or on the website may not be removed, obscured, or modified in any way. Unauthorised copying or redistribution of any SouthScan content is a violation of copyright laws.

Failure of Performance

Following online access approval, the subscriber and authorised users will be permitted to attempt online access to the online journals at any time. SouthScan, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. SouthScan will use commercially reasonable efforts to correct my material performance problem brought to its attention and may suspend performance pending such correction.

Not responsible for users: subscriber shall not be responsible for unauthorised use or infringement of the Service, the content contained in the Service by any authorised User, provided, that: (i) subscriber is in compliance with all material terms and conditions of this Agreement, (ii) such unauthorised use or infringement is without the consent of subscriber, (iii) subscriber promptly notifies SouthScan Ltd of any material unauthorised use or infringement of which it becomes aware, and (iv) subscriber takes all reasonable steps to cause such unauthorised use or infringement of which it is aware to stop. subscriber shall cooperate fully with SouthScan Ltd in any investigation of such unauthorised use or infringement. SouthScan Ltd shall have the sole right, at its discretion, to bring any action on account of such unauthorised use or infringement, provide that SouthScan Ltd shall not bring any action against any authorised user or infringing party without first consulting the subscriber.

Indemnity: Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this agreement, provided that the indemnifying party is promptly notified of any such claims.

Disclaimer of Warranties; Limitation of Liability; Indemnification

SouthScan warrants that it is entitled to grant the licences granted in this licence. Except as set forth in the preceding sentence, it makes no warranty or representation of any kind, express or implied, with respect to the online journals, including their quality, originality, suitability, searchability, operation, performance, compliance with any computational process, merchantability or fitness for a particular purpose.

SouthScan shall not be liable for: exemplary, special indirect, incidental, consequential, or other damages arising out of or in connection with the subscription or licences granted, the use or inability to use any online journal, SouthScan's performance under this licence, termination of this licence by SouthScan or the loss of data, business or goodwill, even if SouthScan is advised or aware of the possibility of such damages. In no event shall the total aggregate liability of SouthScan Ltd for any claims, losses or damages arising out of any breach or termination of this licence exceed the total amount paid by the subscriber to SouthScan Ltd for this online journal subscription, but not less than twenty five dollars (US$25.00), for the current subscription year in which such claim, loss or damage occurred, whether in contract, tort, or otherwise, including without limitation due to negligence. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim maybe made against SouthScan unless suit is filed thereon within one (1) one year after the event giving rise to the claim.

General

This licence constitutes the entire agreement between the parties and supersedes any prior communication between the parties with respect to the subject matter hereof.

The subscriber may not assign or transfer its rights under this Licence.

SouthScan Ltd, 920 M St SE, Washington DC 20003, USA.  Subscribing organisation:
 E-mail: southscan@allafrica.com  Librarian/ Manager's name:
   Date:

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