ULRICH'S™ SERIALS ANALYSIS SYSTEM AND ULRICHSWEB.COM™ (COLLECTIVELY, THE "PRODUCTS") ARE THE PROPERTY OF CSA.   THE PRODUCTS AS SPECIFIED IN SUBSCRIBER'S ORDER FORM ("ORDER FORM") ARE LICENSED TO SUBSCRIBER UNDER THE TERMS OF THIS TERMS OF USE ("TERMS OF USE").

Subscriber wishes to subscribe to the Products and to allow Authorized Users and USAS Users (both, as defined herein) to access and search the Products for non-commercial purposes only.  Subscriber agrees to be bound by all of the terms in this Terms of Use.

"Ulrich's Database“ means the valuable and proprietary data product developed by CSA known as Ulrich's™ Periodicals Directory that includes without limitation information on serials reference sources.

“Software” means the valuable and proprietary computer instruction set developed or licensed by CSA to access and display the Ulrich's Database in the Products.

"Ulrichsweb.com™" means the Ulrich's Database, Software, and any other materials, including any documentation, delivered or displayed to Subscriber by CSA under this Terms of Use.

"Ulrich's™ Serials Analysis System" of "USAS" means the valuable and proprietary electronic research product developed by CSA that allows its users to compare the scope of their library holdings against the periodicals information available from the Ulrich's Database and Ulrichsweb.com.

“Authorized Users” means those employees, students, faculty, staff, and patrons of Subscriber who are authorized by Subscriber in accordance with this Agreement to access and use Ulrichsweb.com either from the Licensed Locations (as defined herein) or remotely (from locations other than the Licensed Locations) via a protected referral URL and/or a protected proxy server of Subscriber.

"USAS Users" means those librarians and library employees and staff of Subscriber who are authorized by Subscriber in accordance with this Agreement to use Ulrich's Serials Analysis System via password protected access.

“Licensed Locations” means the sites and/or Internet server addresses ("IP Addresses") specified by Subscriber in the Order Form and any subsequent renewals, additions or deletions to the Licensed Locations as agreed to by CSA and Subscriber.

"License Fees" means the fees payable by Subscriber to CSA for use of the Products as specified in the Order Form and any fees payable for subsequent renewals of the license granted herein.

COPYRIGHT AND LIMITATIONS ON USE

The content available through the Products (including but not limited to the Ulrich's Database, articles, photographs, images, illustrations, audio clips and video clips, Software and databases) (“Content”) is the property of CSA or its licensors and is protected by copyright and other intellectual property laws.  The Ulrich's Database is also copyrighted as a collective work under United States copyright law.  Content received through the Products may be displayed, downloaded, reformatted, and printed for non-commercial, scholarly, research, or reference purposes only.

Subscriber agrees not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content received through Ulrichsweb.com to anyone other than Authorized Users.  Notwithstanding the foregoing, CSA acknowledges that Authorized Users may refer to (and include insubstantial excerpts of) materials provided hereunder in professional writings, consistent with the fair use doctrine of United States copyright law, and nothing herein restricts any such use provided that with such use Subscriber and Authorized Users must include all copyright and other proprietary notices placed upon the Content by CSA.  Subscriber and Authorized Users may not post any Content from Ulrichsweb.com to newsgroups, mail lists or electronic bulletin boards without the prior written consent of CSA.  To request consent for this or other matters, please contact CSA at: info@bowker.com.  Ulrichsweb.com includes facts, views, opinions and recommendations of individuals and organizations deemed of interest.  CSA and its Content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations, give tax or investment advice, or advocate the purchase or sale of any security or investment.

USAS Users may display, download, reformat, distribute, print, and otherwise use and save the lists and reports generated from Ulrich's Serials Analysis System for their own internal library research and analysis purposes only.  CSA acknowledges that Subscriber owns and retains all right, title and interest in and to Subscriber's library serials holdings information.  Notwithstanding the foregoing, Subscriber hereby grants to CSA permission to include Subscriber's library serials holdings information in aggregated lists and reports as part of the "peer comparison" feature of Ulrich's Serials Analysis System.  This feature allows subscribers to compare their own serials holdings against the aggregated serials holdings information of a group of libraries, grouped together by FTE, Carnegie Classification or other criteria.  Subscriber's serials holdings information will be aggregated with the serials holdings information of its peer libraries.  Libraries and institutions in the peer groups will not be identified by name, nor will any institution-specific information such as contact names or emails, Library-Defined Usage Statistics, or local Notes be provided.

DISCLAIMER OF WARRANTIES AND LIABILITY

DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE PRODUCTS IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT AND THE PRODUCTS.  CSA AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE PRODUCTS, OR CSA ITSELF.  NEITHER CSA NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, USAS USERS, OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THE PRODUCTS CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE PRODUCTS AND ANY CONTENT THROUGH THE PRODUCTS.  IN NO EVENT WILL CSA, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, USAS USERS, OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER, AUTHORIZED USERS, USAS USERS, OR ANYONE ELSE IN RELIANCE ON THE CONTENT OR THE PRODUCTS. 

SUBSCRIBER understands and acknowledges that it is solely responsible for loading, using, DOWNLOADING INTO OR deleting FROM ITS COMPUTER SYSTEM any LISTS OR REPORTS provided by THE ULRICH'S SERIALS ANALYSIS SYSTEM, AND SUBSCRIBER ASSUMES ALL RISK AND RESPONSIBILITY RELATED TO SAME.  IN NO EVENT SHALL CSA BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM SUBSCRIBER’S LOADING, USE, DOWNLOADING OR DELETION OF SUCH REPORTS.

UNDER NO CIRCUMSTANCES SHALL CSA BE LIABLE TO SUBSCRIBER FOR ANY LOST PROFITS, LOST REVENUE, DAMAGED OR LOST DATA, LOST BUSINESS, EQUIPMENT DOWNTIME OR INTERRUPTION OF SERVICE.  CSA AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, USAS USERS, OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SUBSCRIBER AGREES THAT THE LIABILITY OF CSA, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE PRODUCTS OR THE CONTENT IN THE PRODUCTS SHALL NOT EXCEED THE AMOUNT SUBSCRIBER PAID TO CSA FOR THE USE OF THE PRODUCTS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

SUBSCRIBER, AUTHORIZED USERS OR USAS USERS MAY BE ABLE TO ACCESS OTHER INTERNET SITES NOT CREATED BY CSA OR ITS AFFILIATES THROUGH THE PRODUCTS.  THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE AND OTHER ASPECTS OF RESOURCES ON INTERNET SITES NOT CREATED BY CSA OR ITS AFFILIATES IS BEYOND CSA'S CONTROL, AND CSA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH SITES.  CSA MAKES NO WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF ANY ITEM OR SERVICE OFFERED, SOLD OR OTHERWISE MADE AVAILABLE TO SUBSCRIBER, AUTHORIZED USERS OR USAS USERS AS A RESULT OF INTERNET ACCESS VIA THE PRODUCTS OR SUBSCRIBER'S, AUTHORIZED USERS' OR USAS USERS' USE OF SUCH ITEMS OR SERVICES, AND CSA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SUCH ITEMS OR SERVICES.

SUBSCRIBER OBLIGATIONS

Subscriber will exercise reasonable efforts to inform Authorized Users and USAS Users of the restrictions on the use of the Products and Content and to enforce such restrictions.

GOVERNING LAW

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Maryland of the United States of America, without reference to the principles of choice of laws thereof.

CSA'S CANCELLATION AND REFUND POLICY

Subscriber agrees that Subscriber is liable for the full amount of the subscription specified in the Order Form unless CSA is notified of cancellation within 30 days from the Start Date specified in the Order Form.  Pro-rated credits for pre-paid subscriptions may be applied to subscription upgrades.