. We adopted this policy on September 12, 2011.
Terms of Service
Please read this entire Agreement carefully, as it explains the conditions on which you may use the ebrary website. You may not use the ebrary site unless you are willing to accept these conditions.
1. Rights, Restrictions, and Respecting Copyrights
(a) The text, images, and other materials available on this site (collectively, the "Materials") are protected by United States copyright and other applicable laws. You may not engage in any acts inconsistent with the principles of copyright protection and fair use (see the United States Code, 17 USC Sections 106-110). For example, you may not copy, print, reproduce, distribute, transmit, modify, display, or otherwise use the Materials or copies of the Materials, except that, subject to the other terms of this Agreement:
- You have a non-exclusive, non-transferable, revocable, limited license to access and use this site for noncommercial research purposes, in strict accordance with this Agreement and as permitted via instructions on the site.
- You may make limited noncommercial use of small portions of the Materials to the extent permitted under United States law pursuant to the Doctrine of Fair Use.
- You may electronically display the Materials to one person at a time. If you are affiliated with an educational institution, you may also display Materials to multiple individuals during class time for teaching and demonstration purposes to the extent permitted under United States law pursuant to the exemption of certain performances and displays.
- You may copy and print small portions of the Materials using the copy and print features available on this site to the extent permitted under United States law pursuant to the Doctrine of Fair Use.
- Any other use requires that you obtain written permission from the copyright holder.
(b) You may not re-distribute the Materials in any manner, including by posting any Materials on the Internet, distributing them via e-mail, on paper, or otherwise, except as expressly permitted above.
(c) You must interact with the site manually, using a web browser and one of the ebrary readers. You may not use other computer programs or any other automated method of accessing or obtaining materials or information from this site. You may not circumvent limitations on the number of pages you are allowed to display, copy, or print.
(d) You may not make any false or fraudulent statements, or use anyone else's user name or password, in your use of or to gain access to the site. You may not permit anyone else to access the site using your user name and password.
(e) All proprietary rights, title, and interest in the Materials belong entirely to ebrary or its suppliers. You acquire no proprietary interest or right in the Materials or any portion of them.
(f) ebrary reserves the right to change any aspect of this site, including adding or withdrawing features or Materials, without notice.
(g) You may not reverse engineer, reverse assemble, decompile, disassemble, translate or otherwise alter any of the ebrary readers, the data stream generated by your use of this site, or any other software provided by ebrary or its licensors or suppliers in connection with your use of this site.
(h) You may not use this site in a manner that violates any applicable law, including United States export regulations.
2. Monitoring and Violations
ebrary reserves the right to monitor site use to identify and respond to violations of this Agreement. You understand that violations of this Agreement may subject you to serious legal penalties and that ebrary may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors and other interested parties. ebrary reserves the right to temporarily or permanently disable access from a range of IP addresses, including yours, in order to stop misuse of this site.
3. Third Party Content and Sites
The Materials are provided to ebrary by third parties, and neither the Materials nor the third party Internet resources you may reach via this site are endorsed by ebrary or under ebrary's editorial control. They may contain inaccurate, incomplete, obscene, or otherwise unsatisfactory content. By using this site, you agree not to hold ebrary responsible for the content of any Materials or third party websites you obtain from or access via this site. Other Internet sites are governed by their own policies and conditions, which we encourage you to read.
4. Government or Institutional Use
If a government, university, or other institution has licensed the use of this website on your behalf, your use of this site is also governed by the terms of your institution's written agreement with ebrary. In cases of conflict, your institution's agreement will prevail. Consult your institution for more information. Nothing in this Agreement shall be construed to constitute a waiver by the United States government of federal sovereignty and access to federal courts.
5. Questions and Complaints
If you have a complaint regarding ebrary, require further information on your use of this site, or require information about current fees and charges, please contact ebrary by e-mail at firstname.lastname@example.org
. For complaints, California users may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, California 95814 or by telephone at 916-445-1254.
6. Copyright Infringement and Other Legal Matters
If you believe that a work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify ebrary's designated agent, Juliette Hirt, Esq., at the address below or by phone: 650-475-8700, fax: 650-475-8881, or e-mail (with confirmation of receipt requested) to CopyrightClaim@ebrary.com. This site is operated by ebrary, 318 Cambridge Avenue, Palo Alto, California 94306-1505.
7. Disclaimer of Warranties
THIS WEB SITE IS OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AS A CONDITION OF USING THIS SITE, YOU ASSUME ALL RISK OF LOSS RESULTING FROM THE USE OF, OR RELIANCE ON, THIS SITE OR ANY MATERIALS IDENTIFIED, LOCATED, OR OBTAINED BY USING THIS SITE. EBRARY AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY REGARDING THE ACCESSIBILITY OF THE SITE OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS. EBRARY AND ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL CONDITIONS OF QUALITY. NO USER SHOULD RELY ON OR ATTEMPT TO TRY ANY INFORMATION, ACT OR OTHER EVENT PORTRAYED ON THIS SITE. AS WITH ALL INFORMATION AVAILABLE THROUGH THIS SITE, LEGAL, FINANCIAL, MEDICAL, HEALTH, AND SAFETY RELATED INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EBRARY, ITS SUPPLIERS, LICENSORS, SUBSIDIARIES, AFFILIATES, OR THE EMPLOYEES, CONTRACTORS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING (collectively, the "Ebrary Affiliates") BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEY FEES) THAT RESULT FROM, OR ARISE OUT OF, THE USE OF, OR INABILITY TO USE, THIS SITE OR THE MATERIALS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE EBRARY AFFILIATE(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE EBRARY AFFILIATES' CUMULATIVE LIABILITY, RESULTING FROM OR ARISING OUT OF YOUR USE OR INABILITY TO USE THIS SITE, EXCEED THE AMOUNT PAID BY YOU OR ON YOUR BEHALF FOR USING THIS SITE FOR THE ONE YEAR PERIOD PRECEDING THE DATE YOUR CLAIM AROSE. THESE LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT, WITHOUT WHICH EBRARY WOULD NOT PERMIT YOU TO USE THIS SITE. IF THESE LIMITATIONS ARE NOT FULLY ENFORCEABLE UNDER APPLICABLE LAW, THE EBRARY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold the Ebrary Affiliates harmless from all liabilities, claims, judgments, and expenses, including attorney fees and costs, that arise from your use of this site or violation of this Agreement. ebrary reserves the right to participate in its defense, require the use of qualified counsel reasonably acceptable to ebrary, and approve any settlement.
10. Changes to this Agreement
From time to time, ebrary may change the terms governing your use of this site. We will notify you of such changes by posting a revised Terms of Service Agreement in the site's legal terms, and by including a notice on our home page for thirty (30) days, alerting you to the fact that we have adopted new legal terms. YOUR CONTINUED USE OF THIS SITE AFTER A REVISED AGREEMENT HAS BEEN POSTED WILL INDICATE YOUR BINDING ACCEPTANCE OF THE NEW AGREEMENT. If you do not accept the terms of the revised agreement, you may not continue to use this site.
This Agreement constitutes the entire agreement between the parties related to the subject matter hereof, and supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties, except as otherwise agreed in a written agreement signed by an authorized agent of ebrary, and subject to such supplemental terms as you may agree to in order to obtain special services from ebrary from time to time. If any provision of this Agreement is held to be unenforceable, it will be modified or excised as minimally necessary to render it enforceable, and the Agreement as modified will continue in full force and effect. This Agreement will be governed by the laws of the State of California, without regard to conflicts of laws principles. This Agreement will not be governed by the United Nations Convention on Contracts for the Sale of Goods. The parties agree to the exclusive jurisdiction and venue of the courts located in Santa Clara County, California, where ebrary is headquartered and this Agreement is deemed executed. All rights not expressly granted herein are fully reserved by ebrary and its licensors and suppliers. This Terms of Service Agreement was last updated on August 3, 2005.