Thesaurus Linguae Graecae®
Single-User Network License Agreement
This License Agreement is between the Thesaurus Linguae Graecae® (TLG®), hereinafter called 'TLG,' a unit of the University of California acting on behalf of The Regents of the University of California, a non-profit academic institution, and the TLG recipient whose name, address, and signature are recorded at the end of this document, hereinafter called "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:
I. Content of Licensed Materials; Grant of License The materials that are the subject of this Agreement shall consist of electronic information published by the TLG (hereinafter referred to as the "Licensed Materials"). These materials were created at substantial cost by the TLG and intended for non-commercial scholarly use.
Licensee acknowledges that the copyright and title to the Licensed Materials and any trademarks and service marks relating thereto remain with TLG. Licensee shall not have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement.
In consideration of the payment to TLG by Licensee of the license fee specified in this agreement, the TLG hereby grants to Licensee a non-exclusive, non-transferable, and revocable License to make permitted use of the Licensed Materials subject to the provisions of this Agreement.
II. Access to Licensed Materials to Licensee
Licensor will provide the Licensed Materials to the Licensee in the following manner:
Network Access: The Licensed Materials will be stored at one or more TLG locations in digital form accessible by telecommunications links between such location and the individual's point of access.
Licensee will establish an individual account with an assigned login name and a password of the Licensee's choosing in order to receive access to the Licensed Materials. Licensee will be allowed only one login session at a time.
Licensee will make use of the Licensed Materials as is consistent with the Fair Use Provision of United States and International copyright laws.
Licensee may not under any circumstances download or print large portions of a text or complete texts. Licensee may not make back-up copies of the Licensed Materials.
During the terms of this License and the subscription paid for by Licensee, TLG may provide upgrades either by adding materials or making other enhancements at no additional cost to the Licensee.
IV. Scope of Access
Licensed Materials are provided for the exclusive use of the Licensee. Licensee may not disclose his/her password or make Licensed Materials available for general use by members of an academic department or other similar entity.
V. Limitations on Use
The Licensee is entitled to non-exclusive use of the Licensed Materials covered by this license subject to the following limitations, and the rights of the Licensee are only those set forth by the TLG and the Regents of the University of California reserving to themselves all other rights of every kind. "Permitted use" shall include all processing, investigation, and analysis of Licensed Materials, provided such processing is not undertaken for purposes of producing a commercially published document which includes extensive portions of the Licensed Materials or which reproduces all or part of the Licensed Materials in a form differing from the original form primarily as a result of mechanical, electronic, or other manipulation. Examples of permitted use are the following: searches for words and phrases; statistical analysis; the production of indices and concordances when such indices and concordances are intended for use as intermediate tools by the scholar or scholarly team engaged in research into the data and are not intended for wider distribution; and all other text processing and text manipulation activities which are clearly identifiable as scholarly research. Examples of uses which are not permitted are the publication of a Greek text from materials supplied by TLG if such text does not reflect the addition of significant value by the editor, the downloading and reformatting of the texts for redistribution, or the production of scholarly tools which consist primarily of a mechanical, electronic or other similar rearrangement of text and are intended for commercial publication and distribution.
Licensee shall not be restricted from publishing the results of scholarly investigation and analysis of Licensed Materials. In any publication arising from the use of materials provided under the terms of this agreement, the author(s) shall acknowledge the Thesaurus Linguae Graecae as the source of the material which assisted Licensee's investigations and shall indicate that such material is copyrighted by TLG and the Regents of the University of California.
VI. Specific Restrictions on Use of Licensed Materials
Licensee shall not knowingly permit access to the Licensed Materials without his/her direct supervision.
Licensee shall not modify, manipulate, or create a derivative work of the Licensed Materials without the prior written permission of TLG.
Licensee shall not be permitted to make copies of all or part of the Licensed Materials or download (i.e., transfer by electronic or other means to other data storage media or similar devices) any portion of the TLG materials.
License will not make use of robots or intelligent agents to search or systematically download any portion of the Licensed Materials.
Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials, fee-for-service use of the Licensed Materials, or bulk reproduction or distribution of the Licensed Materials in any form.
All prohibitions and restrictions upon the use of Licensed Materials enunciated in this agreement apply equally to reformatted versions of the Licensed Materials whose data format has been modified to permit analysis on other data processing systems, and such restrictions and prohibitions apply to the Licensed Materials regardless. VII. Mutual Performance Obligations Licensee and TLG agree to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee. Such data may be used solely for purposes directly related to the Licensed Materials. Information relating to the identity of the Licensee and/or uses shall not be provided to any third party. The parties shall maintain the confidentiality of such data for five (5) years from the effective day of this Agreement except to the extent the data becomes public knowledge through no fault of the recipient party and except to the extent data is disclosed under the California Public Records Act or other applicable law.
VIII. Licensor Performance Obligations
TLG shall provide and maintain help files and other appropriate user documentation. TLG will offer reasonable levels of continuing support to assist Licensee in use of the Licensed Materials. However, in no case shall a reasonable level of support exceed five (5) hours in a month. TLG will make its personnel available by e-mail, phone or fax during regular business hours for feedback, problem-solving or general questions. TLG shall use reasonable efforts to ensure that its servers have sufficient capacity and rate of connectivity to provide the Licensee with a quality of service comparable to current standards in the on-line information provision industry. TLG shall use reasonable efforts to provide continuous service seven days a week with an average of 97% up-time per month. The 3% down-time includes periodic unavailability due to maintenance of the servers, the installation or testing of software, the loading of additional Licensed Materials, as they become available, and downtime related to the failure of equipment or services outside the control of TLG, including but not limited to public or private telecommunications services or internet nodes and facilities.
IX. Licensee Performance Obligations
Licensee shall make reasonable efforts to prevent the infringement of any Intellectual Property or other rights of the TLG in the Licensed Materials. Licensee shall promptly notify TLG of any infringement that comes to Licensee's attention and take appropriate steps to avoid its recurrence. Licensee shall use reasonable efforts to protect the Licensed Materials from any use that is not permitted under this Agreement. In the event of any unauthorized use of the Licensed Materials, TLG may terminate Licensee’s access to the Licensed Materials.
Access to the Licensed Materials is to be controlled by use of passwords. Licensee shall not divulge his/her password to any third party. In the event of unauthorized use of the Licensed Materials, the TLG at its option may terminate access to the IP address from which improper use occurred or suspend the Licensee's access to the TLG materials.
This agreement shall be renewable at the end of the term specified on this contract unless either party gives written notice of its intention not to renew thirty (30) days before expiration of the current term. The Licensee has the right to terminate its subscription at any time by notifying the TLG in writing. In the event of early termination of the agreement by the Licensee, Licensee shall be entitled to a refund of any fees or pro-rate portion thereof paid by Licensee for any remaining period of the Agreement from the date of receipt of services. No refunds will be given for timed access ('countdown'). In the event that the TLG believes that the Licensee has breached any obligations under this Agreement, the TLG shall so notify the breaching party in writing. The Licensee shall have five (5) days to notify the TLG in writing that cure has been effected. If the breach is not cured within five (5) days, the TLG shall have the right at its option to terminate the agreement.
XI. Disclaimer of Warranties
TLG HAS USED ITS BEST EFFORTS TO PREPARE THE MATERIALS IN A STANDARD USABLE FORMAT. LICENSEE ACCEPTS THIS LICENSE WITH THE UNDERSTANDING THAT DUE TO THE LOW COST OF THE SUBSCRIPTION VERSUS THE INITIAL COST OF PREPARING THE MATERIALS, THERE IS NO WARRANTY OF ANY KIND EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH. THE TLG MATERIAL IS BEING LICENSED AND PROVIDED TO LICENSEE "AS IS". MORE SPECIFICALLY, TLG DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE TLG MATERIAL OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT TLG KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING.
TLG MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB OR ANY OTHER COMPUTER PROGRAM. TLG FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS, OR TO ANY THIRD PARTY.
TLG HAS MADE ALL REASONABLE EFFORTS TO OBTAIN CONSENT AND PERMISSION, WHEN PERTINENT, FROM COPYRIGHT HOLDERS OF PRINTED TEXTS AND THUS BELIEVES THAT USE OF THE TLG MATERIALS DOES NOT CONSTITUTE AN INFRINGEMENT UPON THE COPYRIGHT OF ANY THIRD PARTY. IN THE EVENT THAT A CLAIM SHOULD BE FILED FOR COPYRIGHT INFRINGEMENT AGAINST LICENSEE, LICENSEE SHALL NOTIFY TLG.
XII. Limitation of Liability
TLG shall not be liable to licensee for any incidental, consequential, indirect, special, general, punitive, or any other damages resulting or arising directly or indirectly from or in connection with the license granted under this agreement. The forgoing applies regardless of whether the claim or damages result or arise under breach of contract, tort or any other legal theory.
Licensee agrees to indemnify, defend, and hold harmless TLG, The Regents of the University of California, its campuses, laboratories, faculty, students, successors, agents, officers, and employees, either in their individual capacities or by reason of their relationship to TLG, with respect to any expense, claim, liability, loss or damages including any incidental or consequential damage either direct or indirect, whether alleged, incurred, made or suffered by Licensee or any third party, in connection with, or in any way arising out of the use or disposition of the TLG material by licensee in connection with the exercise of its rights granted under this Agreement.
XIV. Assignment and Transfer The Licensee may not assign, directly or indirectly, all or part of its rights or obligations under this Agreement to another party.
XV. Governing Law
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 courts in California shall have jurisdiction to hear any dispute under this Agreement.
This agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter thereof, whether oral or written. The TLG objects beforehand in any additional, inconsistent, or contradictory terms or conditions in documents supplied by the Licensee subsequent to this agreement.
All notices under this agreement shall be sent to the address below the party's signature. NOTE: This document is legally binding. As signator, you agree to adhere to all terms stipulated above.