ExtraLib.Com for Medical Libraries

ExtraLib.Com
for Medical Libraries

Terms and Conditions

PARTIES TO AGREEMENT This Agreement is between the library (the "Licensee") and Aries Systems Corporation ("Aries") and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, USA.

SERVICES TO BE PROVIDED (a) Aries shall provide Internet Web site (the "Site") hosting services (the "Services") to Licensee. Said Services shall include provision by Aries, at a location determined by Aries, of central site hardware, software and telecommunications facilities for the Site, including allocation of up to 20 million characters of data storage to be used by Licensee to create and store Web page content (the "Licensee Pages") on the Site.
(b) Aries shall provide Licensee with a Unique Resource Locator ("URL") that uniquely identifies the Site on the Internet.

GRANT OF LICENSE (a) Aries hereby grants to Licensee, for consideration, a non-exclusive and revocable license (the "License") to use the search software (the "Software") and electronic databases (the "Data"), provided by Aries as part of the Services solely during the term of this Agreement and as permitted herein, and that Aries may, from time to time and at Aries' sole discretion, offer to Licensee.
(b) Aries hereby further grants to Licensee the non-exclusive and revocable and valuable right to use certain computer hardware and telecommunication resources of Aries (collectively, with the Software and the Data, the "System") at such times and under such conditions as Aries may from time to time establish, solely during the term of this Agreement. Aries shall undertake reasonable commercial efforts to make such System available for use by Licensee.
(c) Aries hereby grants to Licensee a non-exclusive, non-transferable license to use Aries’ valuable trademarks and tradenames in the Licensee Pages. Use of such trademarks and tradenames shall include attribution of ownership of such marks and names to Aries.

LICENSEE CERTIFICATIONS AND OBLIGATIONS (a) Licensee certifies that it is a bona fide institutional provider of health care services, other than or in addition to information services, to health care consumers.
(b) In consideration of the Services to be provided hereunder by Aries, Licensee agrees to actively promote the availability of the Site to its clients and users.
(c) Licensee shall be responsible for provision of all workstation computer equipment and telecommunication services required to access the Site.

SITE CONTENT (a) The Site home page may contain, at Aries’ sole discretion, service offerings of Aries or other third parties.
(b) The Site home page shall also provide space for use by Licensee. Overall layout of the Site home page, and associated links, shall be at Aries’ sole discretion. Licensee may establish links from the Site home page to Licensee Pages designed, created and maintained by Licensee.
(c) Licensee shall be solely responsible for the creation, maintenance, performance and reliability of the Licensee Pages, and that area of the home page designated by Aries for Licensee use.
(d) Licensee shall incorporate into the Licensee Pages only materials directly related to Licensee’s organizational mission. Licensee shall not make available the Site Services to any other third party.
(e) Licensee shall not add to the Site or to the Licensee Pages any material that cause an unreasonable load, performance reliability, or other effect deleterious to the operation of the Site. Licensee shall not place or cause to be placed on the Site any executable programmed procedures, including scripts, processes or other active computer programs. Aries shall have the sole right to determine the existence of such deleterious materials or program code on the Site, and to implement suitable remediation, including but not limited to removal of such materials or code.
(f) Aries shall have the right to remove Licensee Pages from the Site, where such materials are, in Aries’ sole determination, unsuitable for presentation on the Site, and Aries shall have no liability to Licensee or third parties for such removal.

OWNERSHIP (a) Licensee shall be solely responsible for observance and securing, as required, of all copyrights and permissions with respect to materials placed by Licensee in the Licensee Pages.
(b) All ownership of the Software provided by Aries for use on the Site shall be retained by Aries, and all ownership of the Data shall retained by the respective licensors or owners of the Data. This License is not a sale of the original Software or Data or any copy thereof. Licensee agrees at all times, during and following the term of this Agreement, to use the Software solely for purposes of accessing the Data that Aries shall offer for use with the Software. The Software is valuable, proprietary property and a trade secret of Aries. The Data are valuable, proprietary properties of the respective owner(s) thereof. Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. Licensee may not reverse engineer, interpret, identify or otherwise disassemble data or structures contained within the Data. Licensee may not modify, adapt, translate or create derivative works based on any written materials in the System without the prior written consent of Aries. (c) The URL for the site shall remain the sole property of Aries.

TERM AND TERMINATION (a) The term of this Agreement shall begin upon the first access to the Site by Licensee, and shall continue indefinitely unless otherwise terminated by either party.
(b) Either party may terminate this Agreement at will upon thirty (30) days written notice to the other party. The Agreement may be terminated by Aries for cause without notice, in the event of any material breach by Licensee of the Agreement. However, if Licensee maintains, under separate agreement with Aries, database subscription(s) accessible through the Site, and provided that Licensee is otherwise not in breach of this Agreement, then Aries shall maintain the Services until the termination date of all Licensee’s database subscriptions accessed through the Site.

DISCLAIMERS (a) Aries shall have no liability to Licensee for loss or unavailability of Services at the Site.
(b) THE SOFTWARE AND DATA AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, ARIES DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DATA OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE. LICENSEE ACKNOWLEDGES AND ACCEPTS THAT DATABASE SEARCHING IS AN IMPRECISE PROCESS THAT IS DEPENDENT ON LICENSEE'S SKILLS, AND THAT LICENSEE MAY NOT RETRIEVE INFORMATION THAT EXISTS IN THE DATABASE. LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT THE DATA REPRESENTS ONLY A PORTION OF THE BIOMEDICAL LITERATURE, AND THAT THE INFORMATION LICENSEE MAY SEARCH FOR MAY NOT BE CONTAINED IN THE DATABASE. IF THE SOFTWARE, DATA OR WRITTEN MATERIALS ARE DEFECTIVE, LICENSEE, AND NOT ARIES OR ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ARIES, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE ANY WARRANTY, AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. NEITHER ARIES NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE OR THE DATA SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, MALPRACTICE SUITS OR LIABILITIES ARISING THEREFROM, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE DATA EVEN IF ARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) The legal invalidity of any term or provision in this Agreement shall not affect the validity or enforceability of any other term or provision thereof.

CHANGES (a) Aries reserves the right, at any time and without notice, to change any provisions in this Agreement, and to change any terms or conditions as may otherwise and elsewhere be established by Aries, related to use of the Services, and Licensee shall be automatically bound by such changes, effective upon the date and time that the changes are recorded electronically by Aries.

ACCEPTANCE (a) By accepting the use of the Site and Services, Licensee agrees to be bound by the terms and provisions of this Agreement.

PARTIES TO AGREEMENT	This Agreement is between the library (the "Licensee") and Aries Systems Corporation ("Aries") and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, USA.
SERVICES TO BE PROVIDED	(a) Aries shall provide Internet Web site (the "Site") hosting services (the "Services") to Licensee. Said Services shall include provision by Aries, at a location determined by Aries, of central site hardware, software and telecommunications facilities for the Site, including allocation of up to 20 million characters of data storage to be used by Licensee to create and store Web page content (the "Licensee Pages") on the Site. (b) Aries shall provide Licensee with a Unique Resource Locator ("URL") that uniquely identifies the Site on the Internet.
GRANT OF LICENSE	(a) Aries hereby grants to Licensee, for consideration, a non-exclusive and revocable license (the "License") to use the search software (the "Software") and electronic databases (the "Data"), provided by Aries as part of the Services solely during the term of this Agreement and as permitted herein, and that Aries may, from time to time and at Aries' sole discretion, offer to Licensee. (b) Aries hereby further grants to Licensee the non-exclusive and revocable and valuable right to use certain computer hardware and telecommunication resources of Aries (collectively, with the Software and the Data, the "System") at such times and under such conditions as Aries may from time to time establish, solely during the term of this Agreement. Aries shall undertake reasonable commercial efforts to make such System available for use by Licensee. (c) Aries hereby grants to Licensee a non-exclusive, non-transferable license to use Aries’ valuable trademarks and tradenames in the Licensee Pages. Use of such trademarks and tradenames shall include attribution of ownership of such marks and names to Aries.
LICENSEE CERTIFICATIONS AND OBLIGATIONS	(a) Licensee certifies that it is a bona fide institutional provider of health care services, other than or in addition to information services, to health care consumers. (b) In consideration of the Services to be provided hereunder by Aries, Licensee agrees to actively promote the availability of the Site to its clients and users. (c) Licensee shall be responsible for provision of all workstation computer equipment and telecommunication services required to access the Site.
SITE CONTENT	(a) The Site home page may contain, at Aries’ sole discretion, service offerings of Aries or other third parties. (b) The Site home page shall also provide space for use by Licensee. Overall layout of the Site home page, and associated links, shall be at Aries’ sole discretion. Licensee may establish links from the Site home page to Licensee Pages designed, created and maintained by Licensee. (c) Licensee shall be solely responsible for the creation, maintenance, performance and reliability of the Licensee Pages, and that area of the home page designated by Aries for Licensee use. (d) Licensee shall incorporate into the Licensee Pages only materials directly related to Licensee’s organizational mission. Licensee shall not make available the Site Services to any other third party. (e) Licensee shall not add to the Site or to the Licensee Pages any material that cause an unreasonable load, performance reliability, or other effect deleterious to the operation of the Site. Licensee shall not place or cause to be placed on the Site any executable programmed procedures, including scripts, processes or other active computer programs. Aries shall have the sole right to determine the existence of such deleterious materials or program code on the Site, and to implement suitable remediation, including but not limited to removal of such materials or code. (f) Aries shall have the right to remove Licensee Pages from the Site, where such materials are, in Aries’ sole determination, unsuitable for presentation on the Site, and Aries shall have no liability to Licensee or third parties for such removal.
OWNERSHIP	(a) Licensee shall be solely responsible for observance and securing, as required, of all copyrights and permissions with respect to materials placed by Licensee in the Licensee Pages. (b) All ownership of the Software provided by Aries for use on the Site shall be retained by Aries, and all ownership of the Data shall retained by the respective licensors or owners of the Data. This License is not a sale of the original Software or Data or any copy thereof. Licensee agrees at all times, during and following the term of this Agreement, to use the Software solely for purposes of accessing the Data that Aries shall offer for use with the Software. The Software is valuable, proprietary property and a trade secret of Aries. The Data are valuable, proprietary properties of the respective owner(s) thereof. Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. Licensee may not reverse engineer, interpret, identify or otherwise disassemble data or structures contained within the Data. Licensee may not modify, adapt, translate or create derivative works based on any written materials in the System without the prior written consent of Aries. (c) The URL for the site shall remain the sole property of Aries.
TERM AND TERMINATION	(a) The term of this Agreement shall begin upon the first access to the Site by Licensee, and shall continue indefinitely unless otherwise terminated by either party. (b) Either party may terminate this Agreement at will upon thirty (30) days written notice to the other party. The Agreement may be terminated by Aries for cause without notice, in the event of any material breach by Licensee of the Agreement. However, if Licensee maintains, under separate agreement with Aries, database subscription(s) accessible through the Site, and provided that Licensee is otherwise not in breach of this Agreement, then Aries shall maintain the Services until the termination date of all Licensee’s database subscriptions accessed through the Site.
DISCLAIMERS	(a) Aries shall have no liability to Licensee for loss or unavailability of Services at the Site. (b) THE SOFTWARE AND DATA AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, ARIES DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DATA OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE. LICENSEE ACKNOWLEDGES AND ACCEPTS THAT DATABASE SEARCHING IS AN IMPRECISE PROCESS THAT IS DEPENDENT ON LICENSEE'S SKILLS, AND THAT LICENSEE MAY NOT RETRIEVE INFORMATION THAT EXISTS IN THE DATABASE. LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT THE DATA REPRESENTS ONLY A PORTION OF THE BIOMEDICAL LITERATURE, AND THAT THE INFORMATION LICENSEE MAY SEARCH FOR MAY NOT BE CONTAINED IN THE DATABASE. IF THE SOFTWARE, DATA OR WRITTEN MATERIALS ARE DEFECTIVE, LICENSEE, AND NOT ARIES OR ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ARIES, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE ANY WARRANTY, AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. NEITHER ARIES NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE OR THE DATA SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, MALPRACTICE SUITS OR LIABILITIES ARISING THEREFROM, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE DATA EVEN IF ARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (c) The legal invalidity of any term or provision in this Agreement shall not affect the validity or enforceability of any other term or provision thereof.
CHANGES	(a) Aries reserves the right, at any time and without notice, to change any provisions in this Agreement, and to change any terms or conditions as may otherwise and elsewhere be established by Aries, related to use of the Services, and Licensee shall be automatically bound by such changes, effective upon the date and time that the changes are recorded electronically by Aries.
ACCEPTANCE	(a) By accepting the use of the Site and Services, Licensee agrees to be bound by the terms and provisions of this Agreement.