- use or authorize the use of the Content for commercial purposes or gains, including charging a fee-for-service for the use of Portico beyond reasonable printing or administrative costs. For purposes of clarification, “commercial purposes or gains” shall not include research whose end-use is commercial in nature;
- provide, transmit, and/or authorize access to the Content other than Authorized Users;
- modify, obscure, or remove any copyright notice or other attribution included in the Content;
- attempt to override, circumvent, or disable any encryption features or software protections employed in the Portico archive, or set up a proxy or anonymous remailer for purposes of allowing access to Portico;
- systematically print out or download Content to stock or replace print holdings;
- undertake any activity such as computer programs that automatically download or export Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators that may interfere with, disrupt or otherwise burden the Portico server(s) or any third-party server(s) being used or accessed in connection with Portico;
- access, use or tamper with any non-public areas of Portico, test or probe or for any purposes exploit any vulnerability of Portico;
- make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use; or incorporate Content into an unrestricted database or website;
- download or print, or attempt to download or print: an entire issue or issues of journal or substantial portions of the entire run of a journal, other than on an isolated basis because of the relevance of the entire contents of a journal issue to a particular research purpose; or substantial portions of an entire chapter or chapters of a book or an entire book; or substantial portions of a collection or an entire collection;
- reproduce or distribute Content in bulk.
j.Additional uses may be prohibited for Open Access Content, depending on the applicable license for the Open Access Content.
Notwithstanding (j) above, Portico neither allows nor disallows the inclusion of triggered Content in e-reserves or course packs (i.e. the inclusion of portions of the Content in a collection or compilation of other content for use by students in a class for the purposes of instruction). Licensee agrees to indemnify and hold Portico and its contributing publishers harmless and assumes sole responsibility for any and all liability and costs incurred in connection with Licensee’s creation and/or distribution of any e-reserve or course pack containing the Content. It is acknowledged and agreed that the inclusion of Content that is made available pursuant to a Post-Cancellation Access claim Pursuant to 3(ii) above in course packs is prohibited.
Publisher contact information is available on the Portico website. The restrictions on use of Content set forth in these Terms and Conditions of Use shall survive any termination of the License. Additional restrictions, or fewer restrictions, may apply to your use of certain Content. Copyright is not claimed as to any work of the United States government.
- Intellectual Property Rights:
5.1General Intellectual Property Rights. The Portico archive and any trademarks, issued patents and patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other intellectual property rights (collectively, “Intellectual Property”) relating to the Portico archive and its participating Publishers and Content are proprietary to Portico or the Publishers, subject to the rights of third parties. Participating Institutions, Qualified Institutions, and Authorized Users’ use of Portico implies no rights to Intellectual Property except for the limited rights set forth in these Terms and Conditions of Use.
5.2 Trademarks. Portico® and the Portico logo are trademarks of ITHAKA. Neither Portico nor Participating Institution or Qualified Institution may use the other’s name or trademark(s) and Participating Institutions, Qualified Institutions or Authorized Users may not use the name or trademark(s) of Publishers in a way likely to cause confusion as to the origin of goods or services, or to endorse or show affiliation with the other, except as specifically approved. Notwithstanding the foregoing, (i) Portico may use Participating Institutions’ or Qualified Institutions’ names and or the names of their libraries in brochures or other materials to identify Participating Institutions and Qualified Institutions as participants in Portico along with other participants, and (ii) Participating Institutions and Qualified Institutions are encouraged to use Portico’s name and logo to announce participation to Authorized Users and to train Authorized Users on the Use of Portico.
5.3 Use of Software. Portico utilizes software and other electronic tools designed to permit Authorized Users to access, use, reproduce, display, and distribute the Content (“Access Software”). Use of the Access Software and its related documentation is limited to the License granted herein. Authorized Users may not copy, distribute, modify, decompile, reverse engineer, circumvent, override or disable encryptions or other protections in, or create derivative works from the Access Software. You have no rights to the proprietary software and related documentation provided to you to access the Portico archive.
- Warranty; Disclaimers:
6.1 The Portico archive may contain links to or may be accessible from links within related or unrelated World Wide Web sites and resources. Portico and the Publishers shall not be liable for any loss, injury, claim, liability, or damages of any kind arising out of or in connection with such links. You should direct any concerns regarding any outside link to its site administrator.
6.2 Portico will not be held liable for any delays, inaccuracies, errors or omissions in the Portico archive, in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. Portico does not represent or endorse the accuracy or reliability of any Content. THE PORTICO ARCHIVE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PORTICO FURTHER 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. YOU HEREBY ACKNOWLEDGE THAT USE OF THE PORTICO ARCHIVE IS AT YOUR SOLE RISK.
- Access, Support, and Security:
7.1 Responsibilities of Portico
Portico shall use reasonable efforts to provide continuous availability of the Portico archive subject to periodic unavailability due to maintenance of the server(s), the installation or testing of software, the loading of Content as they become available, and downtime related to equipment or services outside the control of Portico, including public or private telecommunications services or internet nodes or facilities (“Maintenance Downtime”). If Portico fails to provide online availability to the Portico archive for more than 72 hours during any period of 30 consecutive calendar days, Participating Institutions or Qualified Institutions may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its Annual Archive Support Payment for each 30-day period so affected or (b) terminate its agreement by providing written notice to Portico.
7.2 Responsibilities of Authorized Users
Authorized Users are responsible for maintaining the confidentiality and security of their username and/or password (if such are provided), and for all usage activity by them of Portico. Authorized Users may not provide Content in Portico to anyone else, except to Authorized Users, including by setting up an anonymous remailer for purposes of allowing access to Portico.
Authorized Users promptly shall notify Portico, and where applicable, their affiliated Participating Institution or Qualified Institution of any known or suspected unauthorized use(s) of their account, if applicable, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of their username, password, and/or IP address. Any use of Portico beyond the scope or in violation of these Terms and Conditions of Use, knowing use of any password or username of another, or a fraudulent, abusive, or otherwise illegal activity, may be grounds for termination of an Authorized User’s account, or termination of access to Portico from their IP address, without notice and at Portico’s sole discretion.
7.3 Responsibilities of Participating Institutions and Qualified Institutions
7.3.1 Participating Institutions and Qualified Institutions shall make reasonable efforts to ensure that access to the Content is limited to Authorized Users and to protect the Content from unpermitted use. Participating Institutions and Qualified Institutions shall notify Portico of any such unpermitted use of which they learn or are notified and shall cooperate with Portico in resolving problems of unpermitted use. In the event of violation of these Terms and Conditions of Use by an Authorized User, (a) Portico may suspend or terminate, or, where practicable, request that Participating Institution or Qualified Institution suspend or terminate, such Authorized User’s access to the Content; (b) Portico may suspend or terminate the access of the Internet Protocol (“IP”) address(es) or other authorization and authentication mechanisms from which such unauthorized use occurred; and/or (c) Portico may request Participating Institution or Qualified Institution to consider the imposition of further reasonable restrictions on access to, and downloading and printing from, the Portico archive. Portico shall make reasonable efforts to contact the Participating Institution or Qualified Institution prior to any suspension or termination of access and to restore access promptly following successful resolution of the matter.
7.3.2 The Portico archive is intended to be accessible by telecommunications links between Portico’s storage locations and Participating Institutions and Qualified Institutions, or Authorized Users’ workstations or devices approved in advance in writing by Portico. Participating Institutions and Qualified Institutions and/or Authorized Users are responsible for establishing and maintaining hardware and Internet access to provide access to, and to transmit, the Portico archive to Authorized Users. Participating Institutions and Qualified Institutions understand and agree that Internet browser software is required to access the Portico archive. Participating Institutions, Qualified Institutions, and Authorized Users understand and agree that from time to time the required and/or recommended hardware and software for accessing the archive may be updated. Participating Institutions, Qualified Institutions, and Authorized Users shall be responsible for all costs associated with the use of and with establishing access to the Portico archive, 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, as well as for all costs associated with printing from the Portico archive.
Terms and Conditions Subject to Change:
In the interest of managing the evolving needs of Participating Institutions, Qualified Institutions, Authorized Users, and Publishers, Portico reservesthe right to modify these Terms and Conditions, or any aspect of Portico, at any time. The most updated Terms and Conditions of Use will be posted on the Portico website. Portico shall notify Participating Institutions and Qualified Institutions via email of material modifications. A modification shall become effective for Participating Institutions and Qualified Institutions if it does not object in writing to Portico within 60 (sixty) days from the time Portico emails notice of the modification. In the event of such an objection, the Participating Institution or Qualified Institution shall have the right to terminate the Agreement on 30 (thirty) days written notice.
- Force Majeure:
Neither Portico nor Participating Institutions, Qualified Institutions, or Authorized Users shall be liable for failures or delays in performing their obligations pursuant to this License arising from any cause beyond their control, including but not limited to, act of God, acts of civil or military authority, terrorism, fires, strikes, lockouts or labour disputes, epidemics, wars, riots, earthquakes, storms, typhoons and floods and in the event of any such delay, the time for either party’s performance shall be extended for a period equal to the time lost by reason of the delay. If the conditions giving rise to the delay continue beyond thirty (30) consecutive days, either party may terminate its agreement with the other by giving written notice to the other party.
11.1 These Terms and Conditions of Use shall be interpreted and construed according to United States Federal law, excluding any such laws or conventions that might direct the application of the laws of another jurisdiction, and venue shall lie exclusively in the federal and state courts of the United States, excluding any such laws to the contrary.
11.2 If any provision or provisions of these Terms and Conditions of Use shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. A waiver of any breach of these Terms and Conditions of Use shall not be deemed a waiver of other breaches of these Terms and Conditions of Use.
11.3 The English language version of agreements with Portico shall be controlling over any other
11.4 These Terms and Conditions of Use are for the sole benefit of the parties to these Terms and Conditions of Use and are not intended for the benefit of any third party. The parties expressly disclaim the creation of any third party beneficiary rights under these Terms and Conditions of Use.