Si ku quan shu - California Digital Library
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1. shall mean the Electronic Version of Siku Quanshu Wenyuange Edition Intranet Version Secure Network shall mean a network which is only accessible to Authorized Users whose identities are authenticated by the Licensee at the time of log in and periodically thereafter consistent with current best practice and whose conduct is subject to regulation by the Licensee A proxy server or other server or network which can be accessed by unauthorized users is not a secure network for these purposes 2 GRANT OF LICENSE USAGE RIGHTS AND LIMITATIONS ON USE 2 1 The Licensed Work is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties The Licensed Work is licensed to Licensee not sold 2 2 The Licensee is granted a non exclusive and non transferable license to access and use the Licensed Work made available to the Licensee in accordance with these Terms and Conditions and Supplemental License Agreement if any The number of concurrent users is as set forth on the User Certificate limits to the following Eight 8 campuses with a maximum of Ten 10 concurrent users The University of California Santa Barbara The University of California Berkeley The University of California Los Angeles The University of California San Diego The University of California Davis The University of California Riverside The University of California Irvine The University of California Me2. 6 4 Permit anyone other than Authorized Users to access or use the Licensed Work except with the prior written approval of the Company 2 6 5 Use all or any part of the Licensed Work for any Commercial Use 2 6 6 Transfer sell assign engage in any commercial use or otherwise convey the licensed Work to another party without the Company s prior written consent 2 6 7 Disclose results of any benchmark tests of any program to any third party without the Company s prior written approval 3 RESPONSIBILITIES OF THE LICENSEE 3 1 The Licensee will obtain at its cost all telecommunications and other equipment and software including an Internet browser and portable document file reader together with all relevant software licenses necessary to access the Licensed Work online via the Licensee s Secure Network 3 2 The Licensee will 3 2 1 Be responsible for the confidentiality and all use of its Login Account s and Password s 3 2 2 Use all reasonable efforts to ensure that only Authorized Users are permitted access to the Licensed Work by means of the Licensee s Secure Network 3 2 3 Take all reasonable steps to ensure that all Authorized Users abide by terms of this Agreement 33 The Licensee will notify Licensor as soon as practicable if it becomes aware of any of the following a any loss or theft of the licensee s Login Account s and Password s b any unauthorized use of any of the Licensee s Login Account s and Pas
3. Authorized Users 11 2 Licensor and Licensee agree to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee and its Authorized Users Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate form Raw usage data including but not limited to information relating to the identity of specific users and or uses shall not be provided to any third party 11 3 Licensee and Licensor shall cooperate in the implementation of security and control protocols and procedures as they are developed during the term of this Agreement 12 GENERAL 12 1 This Agreement is personal to and binding on the parties and neither this Agreement nor any of the rights under it may be assigned or sublicensed 12 2 This Agreement shall be interpreted and construed according to and governed by the laws of California excluding any such laws that might direct the application of the laws of another jurisdiction The federal or state courts located in California shall have jurisdiction to hear any dispute under this Agreement 12 3 This Agreement may be amended or modified by the Company with prior notice to the Licensee No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee 12 4 No provision in this Agreement is intended to be en
4. and programs described in the User Manual in online documentation and or in other materials provided by the Company With respect to technical information the Licensee provided to the Company as part of the support services the Company may use such information for its business purposes including product support and development 10 2 The Company has no obligation under THE AGREEMENT to support the following a Any other Versions that have been upgraded to the Licensed Work are no longer supported b the Licensed Work altered or modified by the end user c derivative works by the end users d a combination of the support software and the Licensed Work not covered by THE AGREEMENT e any new product which is not specially added to THE AGREEMENT f the Licensed Work problems created by the negligence or fault of the end user or g software problems resulted from hardware malfunction 10 3 The Licensee acknowledges the Company reserves the right to provide support services 10 4 The Company reserves the right to charge for unusual or excessive telephone shipping handling media or user manual expenses in connection with the services to be provided hereunder In such case the Company will endeavor to advise the Licensee of these charges in advance 11 MUTUAL PERFORMANCE OBLIGATIONS 11 1 Licensee and Licensor shall cooperate on the preparation and provision of user surveys to solicit feedback on the Licensed Materials from
5. to the specified address Either party may from time to time change its Notice Address by written notice to the other party If to Licensor Digital Heritage Publishing Ltd Unit 2905 29 F The Center 99 Queen s Road Central Hong Kong SAR PRC If to Licensee University of California Office of the President California Digital Library 415 20 Street 4 Floor Oakland CA 94612 USA IN WITNESS WHEREOF the parties have executed this Agreement by their respective duly authorized representatives as oft 4 mme LICENSOR BY pate __ J 4 of Signatu Print Name Title Director Address Unit 2905 29 F The Center 99 Queen s Road Central Hong Kong Fax No 852 2730 8686 LICENSEE BY _ DAT kee 20 20S Print Name Title Head Acquisition Department Address University of California San Diego Libraries 9500 Gilman Drive 0175A La Jolla CA 92093 0175 U S A T Fax No 858 534 1256 E mail electroniclib ucsd edu
6. LICENSE AGREEMENT between DIGITAL HERITAGE PUBLISHING LIMITED and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA This License Agreement this Agreement is made effective as of 21 March 2005 the Effective Date between Digital Heritage Publishing Ltd Unit 2905 29 F The Center 99 Queen s Road Central Hong Kong SAR PRC Licensor and The Regents of the University of California a non profit academic institution with its principal offices at The California Digital Library University of California Office of the President 415 20 Street 4 floor Oakland CA 94612 USA Licensee In consideration of the mutual promises contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged the parties agree as follows LICENSED MATERIALS DIGITAL HERITAGE PUBLISHING LIMITED ELECTRONIC VERSION OF SIKU QUANSHU WENYUANGE EDITION INTRANET VERSION LICENSE AGREEMENT TERMS IMPORTANT READ CAREFULLY This Electronic Version of Siku Quanshu Wenyuange Edition Intranet Version License Agreement THE AGREEMENT is the legal agreement between you Licensee either an individual or a single entity and Digital Heritage Publishing Limited for the Electronic Version of Siku Quanshu Wenyuange Edition Intranet Version identified below which include s computer software printed materials and may include online or electronic documentation and associated media Please be reminded to keep t
7. anted for the remainder of the original Limited Warranty period or 30 days whichever is longer 8 EARLY TERMINATION In the event that either party believes that the other materially has breached any obligations under this Agreement or if Licensor believes that Licensee has exceeded the scope of the License such party shall so notify the breaching party in writing The breaching party shall have sixty 60 days from the receipt of notice to cure the alleged breach and to notify the non breaching party in writing that cure has been effected If the breach is not cured within the sixty 60 day period the non breaching party shall have the right to terminate the Agreement without further notice 9 UPDATES UPGRADES AND NEW RELEASES The Company may at its sole discretion modify the Licensed Work and or Documentation and deliver modified copies to the Licensee for the use permitted under the terms of THE AGREEMENT provided that the Licensee has consented to the delivery and agreed to the cost in writing The Licensee and or the authorized user may not use or retain any previous Licensed Work and or Documentation which have been modified upgraded or replaced in any machine network computer or otherwise 10 SUPPORT SERVICES 10 1 The Company may provide Licensee with support services related to the Licensed Work Technical Support will be provided via email telephone or fax Use of support services is governed by the Company s policies
8. becoming aware of any claim by any third party that the Licensed Work infringes an intellectual property or proprietary right of any third party 6 REVERSE ENGINEERING DECOMPLICATION AND DISASSEMBLY Licensee shall not attempt to reverse compile decompile modify translate or disassemble the Licensed Work in whole or in part 7 REPRESENTATIONS AND WARRANTIES 71 The Company warrants that the Licensed Work will perform substantially in accordance with the accompanying written materials for a period of thirty 30 days from the date of purchase Date of issuing Invoice All the implied warranties relating to the Licensed Work are limited to thirty 30 days 7 2 Licensor represents and warrants that it has the power to enter into this Agreement and to grant the rights conferred herein to the Licensee and that the Licensed Work does not violate or infringe upon any patent copyright trademark trade secret or other proprietary right or contract right of any third party 7 3 Save as provided above Licensor gives no warranty express or implied including but not limited to warranties of design accuracy of the information contained in i the Licensed Work will be of satisfactory quality suitable for any particular purpose or for any particular use under specified conditions notwithstanding that such purpose use or conditions may be known to Licensor or ii that the Licensed Work will operate error free or without interruption
9. forceable by a person who is not a party to this Agreement 12 5 The rights of the parties arising under this Agreement shall not be waived except in writing Any waiver of any of a party s rights under this Agreement or of any breach of this Agreement by the other party shall not be construed as a waiver of any other rights or of any other further breach 12 6 Headings used in this Agreement are for convenience only and are deemed not to be part of the Agreement 13 SEVERABILITY In the event of invalidity of any provision of this license the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement 14 PERPETUAL ACCESS Notwithstanding anything else in this Agreement Licensor hereby grants to Licensee a nonexclusive royalty free perpetual license to use any Licensed Materials that were accessible during the term of this Agreement 15 ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties and supersedes all prior communications understandings and agreements relating to the subject matter hereof whether oral or written 16 NOTICES All notices given pursuant to this Agreement shall be in writing and may be hand delivered or shall be deemed received within five 5 business days after mailing if sent by registered or certified mail return receipt requested If any notice is sent by facsimile confirmation copies must be sent by U S Mail or hand delivery
10. his document properly By opening installing copying or otherwise using the Electronic Version of Siku Quanshu Wenyuange Edition Intranet Version you agree to be bound by the terms of THE AGREEMENT If you do not agree to the terms of THE AGREEMENT do not open or install the Electronic Version of Siku Quanshu Wenyuange Edition Intranet Version and promptly return the entire unused Electronic Version of Siku Quanshu Wenyuange Edition Intranet Version to your place of purchase 1 DEFINITIONS In this Agreement the following expressions shall have the following meanings Authorized User shall mean an individual who is authorized by the Licensee to access the Licensed Work available through the Licensee s Secure Network and who is affiliated with the Licensee as a current student faculty library patron employee or walk in user whether from a computer or terminal on the Licensee s Secure Network or from a remote computer with connection to a valid IP address on the Licensee s Secure Network Walk ins shall mean patrons not affiliated with Licensee who are physically present at Licensee s site s Commercial Use shall mean use for the purposes of monetary reward whether by or for the Licensee an Authorized User or any other person or entity by means of sale resale loan transfer hire or other form of exploitation of the Licensed Work The Company shall mean DIGITAL HERITAGE PUBLISHING LIMITED Licensed Work
11. or that any errors will be corrected or iii that the material published in the Licensed Work is either complete or accurate 74 In no circumstances will Licensor be liable to the Licensee or any third party for any loss resulting from a cause over which Licensor does not have direct control including but not limited to failure of electronic or mechanical equipment or communication lines telephone or other interconnection problems unauthorized access theft or operator errors 75 In no circumstances will Licensor be liable to the Licensee or any third party for any consequential incidental special or indirect damages including without limitation damages for loss of data or corruption of data loss of programs loss of business or goodwill or other damages or losses of any nature arising out of the use of or inability to use the Licensed Work 7 6 If the Licensed Work does not conform to the warranty in clause 8 1 the Licensee agrees that the entire liability of Licensor to the Licensee or Authorized Users arising out of any kind of legal claim whether in contract tort by statute or otherwise in any way connected with the use or inability to use the Licensed Work shall be at the Company option to repair or replace the Licensed Work with a copy of Licensee s receipt This Limited Warranty is voided if failure of the Licensed Work was resulted from accident abuse or misapplication Any replacement of the Licensed Work will be warr
12. rced SKQS Intranet Program is allowed to be installed at one of the above institutions ONLY and being a server host of the Licensed Work The server host shall be located at the San Diego Supercomputer Center on the San Diego campus Access by and Authentication of Authorized Users Licensee and its Authorized Users shall be granted access to the Licensed Materials pursuant to the following IP Addresses Authorized Users shall be identified and authenticated by the use of Internet Protocol IP addresses provided by Licensee to Licensor The use of proxy servers is permitted as long as any proxy server IP addresses provided limit remote or off campus access to Authorized Users 2 3 The Licensee shall ensure that anyone who uses the Licensed Work has obtained Licensee s authorization The Licensed Work is considered to be installed when it resides in the memory or is otherwise stored in any individual computer 2 4 The Licensee shall make reasonable efforts to ensure that anyone using the Licensed Work is informed of the license granted and is aware of the terms of THE AGREEMENT The Licensee will provide Authorized Users with notice of any applicable Intellectual Property or other rights applicable to the Licensed Materials Licensee shall make reasonable efforts to prevent the infringement of any Intellectual Property or other rights of the Licensor in the Licensed Materials Licensee shall promptly notify Licensor of any infringemen
13. sword s or c any breach by an Authorized User of the terms of this Agreement Upon becoming aware of any breach of the terms of this Agreement by an Authorized User the Licensee further agrees promptly to initiate disciplinary procedures in accordance with the Licensee s standard practice 4 RECORDS AUDITS PAY MENTS DISCOUNT 41 Licensee shall maintain complete and accurate records indicating where each the Licensed Work is installed 4 2 At the Company s expenses the Company may audit all records of Licensee relating to this Agreement during Licensee s normal business hours or request Licensee to provide the Company with an official certificate attesting the compliance with the terms of this Agreement 5 COPYRIGHT 5 1 The Licensee acknowledges that all copyrights patent rights Licensor Trademarks services marks database rights trade secrets and other intellectual property rights relating to the Licensed Work collectively the Licensor Intellectual Property are the sole and exclusive property of Licensor and that this Agreement does not convey to the Licensee any right title or interest therein except for the right to use the Licensed Work in accordance with the terms and conditions of this Agreement 5 2 The Licensee shall notify Licensor promptly i of the facts and circumstances surrounding any unauthorized possession or use of the Licensed Work or Licensor Intellectual Property or any portion thereof and ii on
14. t that comes to Licensee s attention and take appropriate steps to avoid its recurrence 2 5 Throughout the licensing period the Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with the Fair Use Provisions of United States and international copyright laws In addition the Licensed Materials may be used for purposes of research education or other non commercial use as follows 2 5 1 access the Licensed Work by means of a Secured Network in order to view retrieve and display portions thereof 2 5 2 electronically save portions of the Licensed Work 2 5 3 print out single copies of portions of the Licensed Work 2 5 4 Transmit to a third party in hard copy or electronically minimal insubstantial amounts of the Licensed Materials for personal use or scholarly educational or scientific research or professional use but in no case for resale or commercial purposes 2 6 The Licensee and any users authorized by the Licensee may not 2 6 1 Remove or alter Licensor s copyright notices product identification other notices or proprietary restriction or disclaimers as they appear in the Licensed Work 2 6 2 Systematically make printed or electronic copies of multiple extracts of the Licensed Work for any purpose 2 6 3 Display or distribute any part of the Licensed Work on any electronic network including without limitation the Internet and the World Wide Web other than a Secure Network 2
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