Although HIPR can be run directly from the installation CD, the package is intended for local area network use. If you wish to use HIPR in a networked configuration, a site license must be purchased from the Publisher. The license restricts the range of access to a specified site. It is prohibited to make HIPR available over the WWW outside the licensed site.
A site is defined as a single academic department of a university, college or other school of learning, where all taught courses fall within a single subject discipline. A license for networking the product by multiple academic departments or by a commercial organization is available on application. There is no limit to the number of users at a licensed site or to the term of the site license.
What the license entitles you to do:
Once you have paid your license fee and signed the license agreement, you are entitled to make the product available electronically to all the people you have paid for. They can use it freely, including making multiple printouts of the complete text, to a maximum of one copy per student for internal classroom use, or downloading extracts temporarily to hard disk for research or study. They can use all images for research or educational purposes but will need to make specific acknowledgements; refer to the online subject image library for details of acknowledgements required. They are entitled to create customized versions of the product for use within the licensed site. One copy of the original can be made for backup purposes.
What you can't do:
You must not allow electronic access to the product or to customized versions of the product, or send printed copies, to anyone other than those for whom it is licensed. You may not resell any part of the product, or use extracts to create a further product for sale, without written agreement from Wiley. It is up to you to make sure that the product is used properly.
The following are the full terms and conditions which apply when HIPR is used as a networked product.
SITE LICENSE TERMS AND CONDITIONS
Definitions
`The Site' means and refers to, inclusively, all offices and facilities of the Licensee at which the Product is authorized for use by Users, the addresses of which are listed in the Order Form.
`The Product' means and refers to the electronic publication or service set forth in the Order Form.
`User' means and refers to all professors, teaching staff and enrolled students on the course(s)/within the academic departments listed in the Order Form OR all paid employees at the Site.
`Fee' means and refers to the amount to be paid by the Licensee for the license granted by this agreement, as set forth in the Order Form. This Agreement shall not be binding upon Wiley unless Wiley has received timely payment of the Fee.
Commencement and License
This Agreement commences upon receipt by Wiley of the signed and unaltered Agreement (`the Commencement Date').
This is a license agreement (`the Agreement') for the use of the product by the Licensee, and not an agreement for sale.
Wiley licenses the Licensee on a non-exclusive and non-transferable basis to use the Product on condition that the Licensee complies with the terms of the Agreement. The Licensee acknowledges that it is only permitted to use the Product in accordance with the terms of the Agreement.
The person signing this agreement for and on behalf of the Licensee represents that he or she is authorized to do so, and to bind the Licensee thereby.
Installation and Use
Wiley shall supply to the Licensee the number of copies of the Product specified in the Order Form.
Delivery shall be to the address specified on the Order Form.
The Licensee shall be responsible for installing the Product and for the effectiveness of such installation..
The Licensee may store the Product electronically and may arrange for Users to have access to the Product at computer terminals at the Site only.
Payment
The Licensee agrees to pay Wiley the amount set out in the Order Form(`the Fee').
Fees are exclusive of VAT or other taxes, which are the responsibility of the Licensee.
Wiley shall have the right as a non-exclusive remedy to withhold delivery of the Product until all overdue amounts payable by the Licensee under this Agreement have been paid.
Permitted Activities
The Licensee shall be entitled:
to use the Product at the Site
to use the Product for its own internal purposes
to make a maximum of one paper copy per student for internal classroom use
to make one copy of the Product for backup/archival/disaster recovery purposes
to modify and customize the Product and to make one copy of the modified product for backup/archival/disaster recovery purposes, provided that such copy is clearly identified and distinguished from the original product.
Licensee may transmit the Product electronically to Users at any computer terminal within the Site.
Each User shall have the right to access, search and view the Product at any computer terminal at the Site.
The Licensee acknowledges that its rights to use the Product are strictly as set out in this Agreement, and all other uses (whether expressly mentioned in Clause 6 below or not) are prohibited.
Prohibited Activities
The Licensee may not transmit the Product or extracts therefrom electronically, in print or by any other means, or allow copies of the Product to be otherwise stored or accessed by any person or at any computer terminal, whether or not owned and operated by the User, anywhere beyond the premises of the authorized Site.
The Licensee may not connect the Product to a system network which permits use anywhere other than at the addresses designated as the Site in the Order Form.
The Licensee may not exploit any part of the Product commercially, including commercial training courses or seminars.
The Licensee may not sell, rent, loan (free or for payment), hire out or sublicense the Product or any derivative Work to any third party, without the express written consent of Wiley.
The Licensee may not undertake any activity which may impede Wiley's ability or opportunity to market the Product.
The Licensee may not provide services to third parties using the Product, whether by way of trade or otherwise.
The Licensee may not use the Product to make any derivative work, product or service save as expressly provided for in this Agreement.
The Licensee may not alter, amend, modify or change the Product in any way, whether for purposes of error-correction or otherwise, other than as explicitly permitted by the nature of the Product.
The Licensee may not make the contents of the Product available on a computer bulletin board without the express written permission of Wiley.
General Responsibilities of the Licensee
The Licensee will take all reasonable steps to ensure that the Product is used in accordance with the terms and conditions of this Agreement , and shall advise all Users of the permitted use, restrictions and provisions set out herein.
The Licensee acknowledges that damages may not be a sufficient remedy for Wiley in the event of breach of this Agreement by the Licensee, and that an injunction may be appropriate.
The Licensee agrees to indemnify Wiley against any and all other claims, damages, losses and expenses (including reasonable legal fees) arising from
any misuse of the Product by the Licensee or Users
any misuse by any third party,
any breach by Licensee or Users of any provisions of this Agreement
any of Licensee's or Users' activities relating to this agreement.
The Licensee undertakes to keep the Product safe, and to use its best endeavors to ensure that the Product does not fall into the hands of third parties, whether as a result of theft or otherwise.
Wiley may, at its option, institute or defend any action arising out of the aforesaid clauses with a legal advisor of its own choice.
Warranties and Indemnities
Wiley warrants that it has the authority to enter into this Agreement, and that it has secured all necessary rights and permissions necessary to enable the Licensee to use the Product in accordance with this Agreement.
Wiley warrants that the CD-rom/Diskettes as supplied on the Commencement shall be free of defects in materials and workmanship, and undertakes to replace any defective CD-rom/diskette upon notice of such defect, or within thirty (30) days of such notice being received, provided such notice is received within ninety (90) days of supply. As an alternative to replacement/remedy, Wiley agrees to refund the Fee if the Licensee so requests, provided that the Licensee returns the CD-rom/Diskettes to Wiley. The provisions of this clause do not apply where the defect results from an accident or from misuse by the Licensee.
Clause 8 (b) sets out the sole and exclusive remedy of the Licensee in relation to defects in the Product.
Wiley and the Licensee acknowledge that Wiley supplies the Product on an `as is' basis. Wiley gives no warranties
that the Product satisfies the individual requirements of the Licensee
that the Product is otherwise fit for the Licensee's purpose
that the Product is accurate or complete or free of errors or omissions or
that the Product is compatible with the Licensee's hardware equipment and software operating environment.
Wiley hereby disclaims all other warranties and conditions, express or implied,which are not stated above.
Nothing in this clause limits Wiley's liability to the Licensee in the event of death or personal injury resulting from Wiley's negligence.
Subject to subclause 8 (f) above, Wiley's liability under this Agreement shall be limited to the Fee.
The above warranties and indemnities shall survive the termination of this Agreement.
Intellectual Property Rights
Nothing in this Agreement affects the ownership of copyright or other intellectual property rights in the Product.
The Licensee agrees to display the authors' copyright notice as it appears in the Product, and not to remove such copyright notice from any part of the Product.
Other than as provided in Clause 9 (b) above, the Licensee shall not use (including, without limitation, reprint or reproduce in any way) the Wiley logo or any trademark in connection with any permitted use of the Product.
Termination
Wiley shall have the right to terminate this Agreement, at its own discretion, if:
the Licensee is in material breach of this Agreement and fails to remedy such breach (where capable of remedy) within fourteen (14) days of a written notice from Wiley requiring it to do so
the Licensee ceases to operate in business/education
upon thirty (30) days' notice to Licensee if Wiley discontinues marketing the Product. In such case, Wiley may make a pro rata refund if the product is less than five (5) years old.
automatically, if this license is not returned to Wiley signed within sixty (60) days of receipt by Licensee.
The Licensee shall have the right to terminate this Agreement for any reason upon ninety (90) days written notice. The Licensee shall not be entitled to any refund for payments made under this Agreement prior to termination under this sub-clause.
This Agreement shall be terminated automatically, on return of the product and any print copies made of it in undamaged condition, within thirty (30) days of receipt by the Licensee. In such case, the Fee will be refunded in full.
Termination by either of the parties is without prejudice to any other rights or remedies under the general law to which they may be entitled, or which survive such termination.
Upon Termination of this Agreement the Licensee must:
deinstall the Product from all computers and sign a written undertaking to that effect
destroy all back-up copies of the Product and any derivative Work in electronic or print format
return the CD-rom/Diskettes to Wiley.
No Fee shall be refunded on Termination, other than under the provisions of Clause 10 (a) (iii) and 10 (c) above. To qualify for a refund of the Fee, the Licensee must deinstall the Product from all computers and provide a written undertaking to that effect.
Notice
Any Notice required or given under this Agreement by any party hereto shall be provided in writing to the other party at the address set out at the end of this Agreement or at other such address as such parties shall provide.
All Notices to Wiley or enquiries concerning this Agreement shall be sent to John Wiley & Sons Ltd, Baffins Lane, Chichester, West Sussex, PO19 1UD, marked for the attention of the Director of Copyright and Licensing.
Any Notices to the Licensee or enquiries concerning this Agreement shall be sent to the Licensee at the address and contact name identified in the Order Form.
General
This Agreement embodies the entire agreement between Wiley and the Licensee concerning the Product, and supersedes any and all prior understanding and agreements, oral or written, relating to the subject matter hereof.
Wiley may assign this Agreement to its successors, related companies or assignees. This Agreement may not be assigned by the Licensee without Wiley's written consent.
Any amendments hereto must be in writing and signed by both parties.
Wiley hereby agrees to comply fully with all relevant export laws and regulations of the United Kingdom to ensure that the Product is not exported, directly or indirectly, in violation of English law.
The parties accept no responsibility for breaches of this Agreement which occur as a result of circumstances beyond their control.
Any failure or delay by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of such right.
If any provision of this Agreement is found to be invalid or unenforceable by a court of law of competent jurisdiction, such a finding shall not affect the other provisions of this Agreement and all provisions of this Agreement unaffected by such a finding shall remain in full force and effect.
This Agreement is construed and interpreted under UK law and the parties hereby agree that any dispute arising under this Agreement shall be subject to the jurisdiction of the English courts.
©2003 R. Fisher, S. Perkins,
A. Walker and E. Wolfart.
