# /research/projects/termservices/resources/tspilot-terms.htm

originally: http://www.oclc.org/research/projects/termservices/resources/tspilot-terms.htm

OCLC20050506

OCLC Research Terminologies Service Pilot

Terms & Conditions of Use

The terms set forth below (the "Agreement") govern your use of the OCLC Terminologies service (the "Service") and this Web site ("Site"). By signing this Agreement, you expressly agree to be bound by this Agreement and to follow all terms and applicable laws and regulations governing the Site and Service.

1. Proper Use. The content and software on this Site and Service is the property of OCLC Online Computer Library Center, Inc. ("OCLC") and/or its suppliers or licensors, and such content and software is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own non-commercial use) from the Site or Service except as expressly permitted in Section 3 below. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Site, unless explicitly stated otherwise. Furthermore, the Site and Service is provided to you for your own use, and it may not be used for any commercial purposes. For example, you may not mirror any portion of the Site on your Web site without written permission from OCLC. Any use of the Site or Service that infringes upon the intellectual property rights of OCLC and/or its suppliers or licensors, or that is for commercial purposes will be investigated and OCLC shall have the right to take appropriate civil and criminal legal action.
2. User Contribution and Privacy. OCLC encourages community comments and suggestions on our research endeavors, and reserves the right to modify, improve, or otherwise inform ongoing projects as a result of such input. Any such input should be offered without expectation of compensation, partnership, or recognition beyond the association of the comment with its author in the forum in which it is offered. OCLC shall have the right to retain and use any such information in current or future products or services, without further compensation to you. To the extent such information is protected by intellectual property laws, you agree to cooperate with OCLC as needed to provide such protection as OCLC may desire and you agree to assign your rights to such information to OCLC. The cost of any such assignment will be at OCLC's expense.
3. License Grant. OCLC hereby grants you a non-exclusive, worldwide, royalty free license to use the content of this Service for use on your library's local system or in connection with other OCLC products and services including but not limited to the OCLC Connexion® service.
4. No Warranty. Please note that the services and content provided as part of this Site and Service are experimental in nature. They have not been tested in any manner, and OCLC does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SITE, THE SERVICE AND ANY CONTENT THEREIN ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOUR USE OF THE SERVICE AND SITE IS AT YOUR OWN RISK. OCLC EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICE AND THE CONTENT THEREIN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OCLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR SERVICE, WHETHER OR NOT OCLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL OCLC BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
6. Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against OCLC and its employees, suppliers, licensors and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Site and Service. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
7. Modifications of Terms. OCLC shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Site. Accordingly, we suggest that you check the Site periodically for any such updates or changes. To make your review more convenient, we will post a version number or date at the bottom of this page.
8. Violations of Terms. In addition to any legal remedies that OCLC may have for your violation of the terms of this Agreement, OCLC shall also have the right in its sole discretion to suspend or terminate your access to the Site and Service.
9. Hold Harmless and Indemnity. You agree to indemnify and hold OCLC and its employees, agents and representatives harmless, from and against any third party claim arising from or in any way related to your use of the Site or Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, OCLC will provide you with written notice of such claim, suit or action.
10. No Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without OCLC's prior written consent. Any such purported assignment or delegation by you without OCLC's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by OCLC at its sole and absolute discretion.
11. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
12. URL/Passwords. Access to this Site and Service has been provided to a limited number of institutions/individuals. You are not permitted to share any information, such as URLs or passwords, regarding how to access this Site or Service without the prior written permission of OCLC. The applicable passwords and URLs used to provide access during the pilot period of the Service will expire upon the termination of the pilot period.
13. Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. OCLC's failure to act with respect to a breach by you or others does not waive OCLC's right to act with respect to subsequent or similar breaches. The failure of OCLC to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the laws of the State of Ohio. This Agreement constitutes the entire agreement between OCLC and you with respect to the subject matter hereof.

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Last updated: 20050506