The Libraries Directory 50th Edition Libraries Directory Home • Online Guide • A to Z

License Agreement for the CD-ROM

Please read this license carefully before using the Libraries Directory software. By selecting the "I accept the Agreement" option or by using the Libraries Directory software or by accessing the Libraries Directory data, you agree to become bound by the terms of this license. If you do not agree to the terms of this license, click the "Exit Setup" button, do not install or use this software, and promptly return it to the publisher for a full refund.

1. Definitions

(a) Software - the Libraries Directory computer program files, including help files and template files.

(b) Data - the data stored in the Libraries Directory database and index, together with all temporary data files created by the Libraries Directory Software.

(c) Licensee - the individual or institution responsible for purchasing this License, and on whose computer or network the Software and Data are to be installed.

(d) Authorized User - any individual authorized by the Licensee to access the computer or network on which the Software and Data are installed, and whose conduct is subject to regulation by the Licensee. These may include current members of staff, students, library users etc.

(e) Reference Version - basic version of the Software and Data with reference facilities only, and licensed by the publishers as such.

(f) Marketing Version - advanced version of the Software and Data with mailing list facilities in addition to the reference facilities, and licensed by the publishers as such.

2. Ownership

The Libraries Directory Software and Data are licensed, not sold, to the Licensee by James Clarke & Co. Ltd. for use only under the terms of this License, and James Clarke & Co. Ltd. reserves any rights not expressly granted to the Licensee. The Licensee owns the media on which the Software and Data is recorded or fixed, but James Clarke & Co. Ltd. retains ownership of the Software and Data themselves.

3. License

(a) Single User License - The Licensee may use the Software and Data on a single computer. "Use" is considered to mean that the Software and/or Data is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk). The creation of temporary electronic copies of the Data for caching purposes is also held to fall within this definition of "use". A separate License must be purchased for each additional computer on which the Software and Data is used.

(b) Network License - The Licensee may use the Software and Data on up to five (5) computer terminals connected to a network server which are only accessible to Authorized Users approved by the Licensee. "Use" is considered to mean that the Software and/or Data is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk). The creation of temporary electronic copies of the Data for caching purposes is also held to fall within this definition of "use". A separate License must be purchased for each additional five (5) computer terminals (or fraction thereof) on which the Software and Data are used.

(c) The Licensee may make one additional permanent copy of the Software and Data in machine readable form for backup purposes only.

(d) The Software may not be reverse engineered, decompiled, disassembled or otherwise reduced to any human perceivable form. The Licensee may not modify, adapt, translate, rent, lease, loan or create derivative works based upon the software or any part thereof.

(e) The Licensee and Authorized Users may search, view, retrieve and display the Data using the Software provided. The Licensee and Authorized Users may not search, view, retrieve or display the Data using any other computer program.

(f) The Licensee and Authorized Users may print out copies of extracts from the Data for reference use only. Licensees and Authorized Users of the Marketing Version may additionally and without limitation print out mailing labels and mail merge documents from the Data.

(g) Neither the Licensee nor Authorized Users may alter, abridge, adapt or modify the Data in any way, without prior permission in writing from James Clarke & Co. Ltd.

(h) Except were such right is expressly granted elsewhere in this License, no part of the Data may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission in writing from James Clarke & Co. Ltd. This includes without limitation any distribution across the Internet or World Wide Web. Under no circumstances may copies be made for resale in any media.

4. Transfer of License

The Licensee may permanently transfer all rights under this License to another party, provided that:

(a) the Licensee transfers all copies of the Software and Data licensed under this License, together with a copy of this License, and with all documentation, including passwords, provided by James Clarke & Co. Ltd. for use with the Software,

(b) the Licensee does not retain any portion of the Software or Data or any copies thereof, nor do they retain any record in printed or electronic form of any information, including passwords, required to run or access the Software, and

(c) the other party reads and agrees to accept the terms and conditions of this License.

5. Duration of License

Those components of the Software and Data included in the Marketing Version for the purposes of creating mailing lists are deemed to have a lifetime of a period of three (3) years, as measured from the Licensee's initial installation of the software. After this period, the License is deemed to have expired with respect to these facilities, and the marketing facilities present in the Marketing Version will cease to function. The Licensee may renew the full License for the Marketing Version by purchasing the next edition of the Software and Data. This provision does not apply to the Reference Version.

Without prejudice to the above provision, the Licensee may also terminate the License in full at any time. The License will also terminate immediately without notice from James Clarke & Co. Ltd. or judicial resolution if the Licensee fails to comply with any provision of this License. Upon such termination the Licensee must destroy the Software and Data, all accompanying written materials pertaining to the Software and Data, and all copies thereof.

6. Limited Warranty

James Clarke & Co. Ltd. warrants for a period of ninety (90) days from the Licensee's date of purchase that (i) the media provided by James Clarke & Co. Ltd. on which the Software is recorded will be free from defects in materials and workmanship under normal use, and (ii) the Software and Data as provided by James Clarke & Co. Ltd. will substantially conform to James Clarke & Co. Ltd.'s published specifications for the same. James Clarke & Co. Ltd.'s entire liability and the Licensee's sole and exclusive remedy for any breach of the foregoing limited warranty will be, at James Clarke & Co. Ltd.'s option, replacement of the media, refund of the purchase price or repair or replacement of the Software and/or Data.

This limited warranty is the only warranty provided by James Clarke & Co. Ltd. and James Clarke & Co. Ltd expressly disclaims all other warranties and/or conditions, either express or implied, including but not limited to implied warranties or conditions of merchantability and fitness for a particular purpose with regard to the Software, Data and accompanying written materials. Because some jurisdictions do not allow the exclusion or limitation of implied warranties, the above limitation may not apply to you. The terms of this disclaimer and the limited warranty under this Section 6 do not affect or prejudice the statutory rights of a consumer acquiring the Software otherwise than in the course of a business, neither do they limit or exclude any liability for death or personal injury caused by James Clarke & Co. Ltd.'s negligence.

7. Limitation of Remedies and Damages

In no event will James Clarke & Co. Ltd., its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to the Licensee for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or Data or accompanying materials, regardless of the basis of the claim and even if James Clarke & Co. Ltd., or a representative thereof, has been advised of the possibility of such damage. James Clarke & Co. Ltd.'s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to sum paid for the Software that caused the damages.

This limitation will not apply in case of personal injury only where and to the extent that applicable law requires such liability. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

8. Governing Law and Interpretation

This License shall be governed and construed in all respects in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts. If the whole or any part of any provision of this License is determined to be invalid or unenforceable then such provision or part thereof shall be severed from the body of this License which shall continue to be valid and enforceable to the fullest extent permitted by law.

9. Entire Agreement

This License is the complete agreement between James Clarke & Co. Ltd. and the Licensee and supersedes all prior agreements, oral or written, with respect to the subject matter of this License.

If you have any questions concerning this License, then please contact: