TERMS AND CONDITIONS OF USE FOR INDIVIDUALS
Upon your indicating your acceptance of the terms of this License Agreement by checking the box at the bottom of the online subscription sign-up form, you will be assigned a unique User I.D. and password which will allow you to access Oxford Textbook of Zoonoses. This is a single-user, nontransferable license, but you may access this site from any location.
Your User I.D. and password will allow you unlimited access to this site throughout the term of your subscription.
FEES AND PAYMENTS
Your annual or monthly subscription fee must be fully paid before you will be provided access to Oxford Textbook of Zoonoses.
You agree to pay all fees and charges incurred in connection with your User I.D. and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. For a list of current fees please see ordering information. User Fees will be billed automatically to your credit card at the start of each annual or monthly subscription period. Fees and charges are non-refundable. Oxford University Press (OUP) may change subscription rates in the normal course of business. In that case, you will be notified of the new rates (if any) prior to any new charges being incurred. All charges incurred in connection with your account will be billed to the credit card you designate during the registration process.
Throughout the term OUP grants you the non-exclusive and non-transferrable rights to:
LIMITATIONS OF USE
You may not:
You must obtain the written permission of OUP in order to:
You shall use reasonable efforts to protect Oxford Textbook of Zoonoses from any use that is not permitted under this Agreement , and shall notify OUP of any such use of which you become aware. In the event of any unauthorized use of Oxford Textbook of Zoonoses, OUP shall have the right to immediately terminate your access to Oxford Textbook of Zoonoses. Any failure to fulfill your obligations under this section shall be considered a material breach of this Agreement.
ACKNOWLEDGEMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all copyrights, patent rights, trademarks, service marks, trade secrets and other intellectual property rights relating to Oxford Textbook of Zoonoses are the sole and exclusive property of OUP and that this Agreement does not convey to you any right, title, or interest therein except for the right to use Oxford Textbook of Zoonoses in accordance with the terms and conditions of this Agreement.
The provisions of this Section shall survive the termination of this Agreement for any reason.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, OUP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, WITH RESPECT TO ANY ASPECT OF THE LICENSED WORKS OR THE AVAILABILITY OF THE LICENSED WORKS. OUP DOES NOT WARRANT THAT THE LICENSED WORKS WILL BE ACCURATE OR COMPLETE, NOR DOES IT MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE LICENSED WORKS. THE SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE LICENSED WORKS IS AT SUBSCRIBER'S AND THE AUTHORIZED USERS' SOLE RISK. ACCORDINGLY, OUP WILL NOT IN ANY WAY BE LIABLE TO THE SUBSCRIBER, TO ANY AUTHORIZED USER, OR TO ANY OTHER ENTITY FOR ANY INACCURACIES, ERRORS, OMISSIONS OR DELAYS IN THE LICENSED WORKS, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, OR CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS) RESULTING THEREFROM, REGARDLESS OF CAUSE AND REGARDLESS OF WHETHER OR NOT OUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT OUP IS DEEMED LIABLE IN ANY MANNER, THEN SUCH LIABILITY, WHETHER ARISING FROM CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE SHALL, IN NO EVENT, EXCEED THE AMOUNT YOU HAVE PAID FOR OR THAT IS ATTRIBUTABLE TO USE OF THE LICENSED WORKS DURING THE PRECEDING THREE (3) MONTH PERIOD. YOU FURTHER AGREE THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE LICENSED WORKS MAY BE BROUGHT BY THE SUBSCRIBER AGAINST OUP MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURRED.
This Agreement shall commence on your indication of your acceptance by checking the box at the bottom of the online subscription sign-up form and shall remain in full force and effect for the subscription period you have selected and paid for or until (a) you notify Oxford University Press of your decision to terminate your subscription prior to the time of renewal, or (b) OUP terminates your subscription in accordance with this Agreement.
In the event you commit a material breach of this Agreement OUP may, at its election, terminate this Agreement, and/or exercise all rights and remedies which may be available to it in law or equity.
OUP may terminate this Agreement and the License granted hereunder at any time. In the event that OUP terminates this Agreement for reasons other than your breach of this Agreement, you will be refunded the pro rata portion of any subscription fees you have paid.
Upon termination of this Agreement, you agree to continue to adhere to the provisions of this Agreement relating to any OUP Intellectual Property.
CHANGES TO AGREEMENT
APPLICABLE LAW, JURISDICTION AND SEVERABILITY
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflict of laws.
You irrevocably agree that any dispute arising out of or in connection
with this Agreement shall be subject to and exclusively within the jurisdiction
of the United States District Court for the Southern District of New York
or the Supreme Court of the State of New York for New York County.
If any portion of this Agreement shall be declared invalid or unenforceable by any court of competent jurisdiction, the remaining portion thereof shall nonetheless remain in full force and effect.
ENTIRE AGREEMENT, NO ORAL MODIFICATIONS, NO WAIVER
This Agreement, together with the Subscriber Agreement, constitutes the entire agreement of the parties and supersedes all prior communications, understandings, and agreements (whether written or oral) relating to the subject matter of this Agreement.
Either party's waiver, or failure to require performance by the other, of any provision of this Agreement will not affect its full right to require such performance at any subsequent time, or be construed to be a waiver of the provision itself.
Headings used in this Agreement are for convenience only and are deemed not to be part of the Agreement.
OUP will not share email addresses with anyone outside OUP nor disclose user information to any third party except as described below. OUP's goal is to protect online customer information in the same manner that we protect our customer information collected through other means. OUP may use the personal data you provide online to send you information about offers that we feel may be of interest to you. OUP requires strict contractual obligations with third parties with which it exchanges information as necessary to conduct its businesses which ensure safeguards for the privacy of the information we may use. This is the same standard used for information supplied through other means. Only OUP will send you these direct mailings. In addition, OUP may provided aggregated, anonymous statistical data about use of Oxford Online products to other persons.
|© 2003 Oxford University Press|