The following terms constitute a binding agreement between institutional customers, including but not limited to universities, academic institutes, schools, yeshivot, libraries, companies, museums, community centers, synagogues (hereinafter referred to as "Licensee") and Cooperative Development Initiative (hereinafter referred to as "the Publisher" ). They regulate Licensee's rights and obligations in connection with the purchase of a license to view and print content from The Online Talmud Text Database ("the service" and "the database" respectively), through the Internet site http://www.lieberman-institute.com/Home using software allowing the retrieval, viewing and printing of information from the database. Any reference to "you" or "your" below applies to Licensee as an institution.
This agreement vests you with the right to use the service, subject to the following terms and in accordance with the license chosen by you.
If you do not accept these terms, you will be unable to and may not make any use of the service.
The Publisher hereby vests you and your authorized users with a non-exclusive right, the terms of which are detailed below, to use the service, subject to payment of the agreed upon fees.
Who is entitled to use theservice
Subject to these terms, you may purchase a subscription to use the service, provided that you have completed the order process and furnished the details required in the course thereof.
The Publisher may refuse to allow you to purchase a subscription to use the service in its absolute discretion. Without derogating from the aforesaid, the Publisher may cancel the license purchased by you in any of the following cases:
- If at the time of the order you intentionally furnished erroneous details;
- I f you commit an act or omission that prejudices or might prejudice the Publisher or any third parties, including other license holders;
- If you use the subscription to perform or to try and perform an act that in the Publisher's opinion might be considered a violation of international copyright laws or in order to enable, facilitate, assist in or encourage the performance of such an act;
- If you breach any of the terms hereof;
- If you perform any act that prevents others from purchasing a service or from continuing to benefit from the subscription purchased by them in any way;
- If you have a monetary debt to the Publisher and do not pay your debt, despite the fact that the ordinary date for the payment thereof has passed.
The purchase of the subscription
The details furnished by you at the time of the order for the service shall be kept in the Publisher's database. There is no legal duty to furnish the details; however, without furnishing them you will not be able to purchase the subscription to use the service.
Erroneous details might prevent you from being able to use the service and thwart making contact with you were necessary. You must therefore take pains to furnish, during the order process, accurate and up-to-date details. In the event of any change in the details, you must update them through the following e-mail address: firstname.lastname@example.org
IP Addresses - Authorized Users shall be identified and authenticated by the use of Internet Protocol ("IP") addresses provided by Licensee to Licensor.
Users - At any given time, a limited number of users will have access to the database, according to the specified in the order form.
The user name and password are designated for your institutional use only and you may not convey them to third parties. If the service does not offer authentication via IP address recognition, you may post your user name and password on a webpage that you restrict to the IP ranges of your institution only.
The use of the service involves the payment of consideration to the Publisher ("license fees"), as detailed in the order form.
The license fees will be collected upon receipt, by Licensee, of invoice.
The Publisher may from time to time:
- update the fees, the amount of the license fees and the payment terms and methods and add to, alter or terminate special deals it is offering. Notice of the update shall be published on the site's home page and shall take effect a reasonable time after its publication, in accordance with the nature of the update; advance notice of license fees being invoiced.
- collect license fees in different amounts from different users, or not collect them at all.
The copyright and other intellectual property rights in the site, the service, the software and any application, computer code, graphic file, voice file, video file, text file, including the retrieval software and its keys, the user interface, the system characterization, the user manuals and the help files, the graphic design of the software and its ancillary components (insofar as they are not in the public domain) belong to the Publisher alone, or to a third party, who has granted the Publisher permission to use them.
Any action not expressly permitted in this agreement in connection with the service is prohibited. Except as expressly permitted in this agreement, and in such context (but without derogating from the aforesaid) you may not copy, duplicate, circulate, market, translate, re-engineer, decompile, disassemble, adapt, re-code, create any development, change or derivative of the software, damage the software and/or the database, distort them or alter them, remove any copyright notice from the database content, rent out the license, lend it, sell it, grant any user rights therein or sub-licenses or take any action resulting in an infringement of the Publisher's copyright in the database or the grant of rights in the database to any third party.
The aforesaid does not exhaust the prohibited database actions. As will be recalled, thousands of hours of work and effort were invested in the development of the database software, the compilation of the content and the creation of the database. According to the law the database is identical to a book, picture or other art creation. Prohibited actions in respect of these creations may also not be taken by you in respect of the database.
For your attention, the database and its content are protected through advanced technological means designated at preventing any unauthorized use. Infringement of the copyright in the database constitutes a civil wrong and criminal offence. Without derogating from the Publisher's rights pursuant to these license terms and/or pursuant to the provisions of any law, if the copyright in the database is infringed, all your rights pursuant to this license will automatically expire.
The Publisher may include digital defenses in the database that will alert it when the restrictions in this license are violated. You are hereby obliged, as an essential and fundamental condition of this license, not to circumvent or crack or render superfluous the operation of these defenses and not to try and perform any of the aforesaid.
The use of the service
The license vests you and your authorized users with a right to use the service solely for educational, scholarly, and research objects as follows, and you and your authorized users may not use the service for any other object.
Display - You and your authorized users shall have the right to electronically display the Service.
Digitally Copy. You and your authorized users may download and digitally copy a reasonable portion of the Service using the copy and paste functionality.
Printed Copy - You and your authorized users may print a reasonable portion of the Service using the copy and paste functionality.
You and your authorized users are permitted to extract or use information contained in the database for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis.
Course Packs. You and your authorized users may use a reasonable portion of the Service in the preparation of Course Packs or other educational materials where possible to do so using the copy and paste functionality.
Course Reserves (Print and Electronic) - You and your authorized users may use a reasonable portion of the Service for use in connection with specific courses of instruction offered by Licensee and/or its parent institution either through links to the service or where possible to do so using the copy and paste functionality.
Electronic Links - You may provide electronic links to the Service from your web page(s), and are encouraged to do so in ways that will increase the usefulness of the Service to users. Publisher's staff will assist User upon request in creating such links effectively.
Scholarly Sharing - Your authorized users may transmit to a third party colleague in hard copy or electronically, minimal, insubstantial amounts of the Service for personal use or scholarly, educational, or scientific research or professional use but in no case for re-sale. In addition, users have the right to use, with appropriate credit, figures, tables and brief excerpts from the Service in the user's own scientific, scholarly and educational works. This use can be fulfilled through the copy and paste functionality.
Interlibrary Loan - You may fulfill requests from other institutions, a practice commonly called Interlibrary Loan. You agree to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC 108, "Limitations on exclusive rights: Reproduction by libraries and archives") and clause 3 of the Guidelines for the Provision of Subsection 108(g) (2) prepared by the National Commission on New Technological Uses of Copyrighted Works where possible to do so using the copy and paste functionality.
You may not operate any computer or other media application, including software of the Robots, Crawlers type and the like, designated for the automatic search, scanning, copying or retrieval or information and content in the database, in a manner not expressly permitted by the Publisher. You may not create or use means as aforesaid for the purpose of creating a compilation or collection containing information and content from the database.
You may not operate any computer or other media application that will enable the unauthorized use of the service.
You must and are obliged to leave the information and content downloaded from the site with the Publisher's approval in the original format and together with the notices concerning the copyright and title in the content and information, as published on the site, and you may not howsoever change and/or delete and/or distort information as aforesaid.
The reproduction, duplication, circulation, publication, copying and/or transfer of the information published on the site (through any means, including, but not only, mail, fax, e-mail or other electronic means) is absolutely prohibited, save as permitted herein or with the Publisher's prior written approval. The general use and/or publication of the information appearing on the site on other sites and/or any other place connected with the site is absolute prohibited. In addition, any development, change, translation and/or transformation of the information published on the site and/or based thereon, except as permitted herein or without the Publisher's prior written approval, is absolutely prohibited.
The Publisher respects the privacy of its customers. At the time of using the service, there may be a build-up of data on the nature and scope of the use. Such data, as well as data furnished at the time of the service order process, shall be used for the following objects:
- In order to allow you to use the service and other services offered from time to time on the site;
- In order to improve and enrich the nature and scope of the service and to create new services and contents suiting the requirements of the users of the service. The information used by the Publisher for such purpose shall essentially be statistical information that does not identify your authorized users individually;
- To create contact with you (where necessary) or for the purpose of analyzing and furnishing statistical data to third parties, including publishers;
The Publisher may convey the information to a third party, in accordance with a judicial or administrative order, or directive of any investigative authority pursuant to the law, or in the framework of a dispute or proceedings between you and the Publisher.
The Publisher is applying information security systems and procedures on the site. Whilst these systems and procedures limit the risks of unauthorized penetration into the Publisher's computers, they do not provide absolute security. Accordingly, the Publisher is not undertaking that the service will be absolutely immune to unauthorized access.
You warrant that the Publisher or any third party connected with the service are not liable and shall not be liable for any delays, changes, inaccuracies, failures, mistakes, disruptions, viruses, Trojan horses, Internet communication disruptions, damages, thefts and/or illegal penetrations into your personal computer through the Internet, as a result of the use of the site and/or the service.
Liability and cancellation of the transaction
The database includes a great deal of information from Jewish religious sources and from the words of the Sages that was gathered by a lot of work from many and varied sources. The Publisher is not undertaking that the information stored in the database or the use thereof will be complete and/or exhaustive and it is not undertaking that the information will be fully legible and free of any mistakes, aberrations, inaccuracies and/or omissions.
The service is provided "as is" and neither the Publisher nor any third party connected with the service is undertaking that the service will suit your requirements or any particular object. Neither the Publisher nor any third party is undertaking that the service will be free of any malfunctions, faults, failures, disruptions and stoppages in the activity of your or its software, hardware and communication systems and lines, or that of any third party.
For your attention: all the above cases shall not be deemed a defect in the license purchased by you for use of the service, or non-conformity between the license and the details furnished to you prior to its purchase. Before purchasing the license to use the service, you must examine it carefully and ascertain that it suits your requirements and that it is to your satisfaction.
After purchasing the subscription, you may not cancel the transaction, unless there is a defect in the database software that does not allow you to use the service and you have notified the Publisher of our desire to cancel the transaction within 14 days of its execution, provided that the cancellation as aforesaid is effect at least two days, that are not rest days, prior to the date of commencing the use of the service. Where the transaction is cancelled in accordance with the terms set forth above, the payment for the purchase of the subscription shall be refunded to you within 14 days of the Publisher's receipt of notice of the transaction's cancellation from you.
Neither the Publisher nor any third party shall bear liability for any damage, payment, loss, expense, loss of profit, cessation of business, loss of information and any direct or indirect damage deriving from the use of the service, save within the limits of up to and not more than an amount equal to NIS 400 (four hundred new shekels) per license to use the service purchased from the Publisher, and such being only if the damage as aforesaid is occasioned as a result of a negligent act or omission of the Publisher.
Neither the Publisher nor any third party connected with the service shall bear any liability of whatsoever type vis-a-vis any third party who has not purchased a license to use the service directly from the Publisher and who does not duly hold a license to use it.
Future versions and updates
The Publisher may add to, alter and even remove from time to time, any of the contents stored in the database or upgrade the software. All the provisions of this license shall apply to changes and upgrades as aforesaid.
The license to use the service is conditional upon the full and precise payment of the consideration due to the Publisher according to the track chosen by you.
Changes to the site and termination of the service
The Publisher may from time to time alter the site, its appearance and design, the scope and availability of the service and any other aspect involved in the operation and management thereof - all without having to notify you thereof in advance. Such changes shall be effected, inter alia, having regard to the dynamic nature of the Internet and the technological and other changes occurring therein. By their nature, changes of such type might involve malfunctions and/or initially cause inconvenience and the like. You shall not have any plea, claim and/or demand vis-a-vis the Publisher or any third party connected with the service in respect of changes as aforesaid and/or malfunctions occurring as a result thereof. If any such alteration renders the database of less use to you, your sole recourse is to cancel your subscription and receive a pro-rata refund for the remaining of the subscription period.
Without derogating from the aforesaid, the Publisher may terminate the provision of the service at any time, on reasonable notice. Upon the service's termination, you may purchase the database on a hard disc, in accordance with the payment terms agreed between you and the Publisher and the use agreement applicable to the purchase of the database in this way.
This Agreement shall be interpreted and construed according to, and governed by, the laws of Israel, excluding any such laws that might direct the application of the laws of another jurisdiction. The state courts located in Israel shall have jurisdiction to hear any dispute under this Agreement.
Much time and effort is invested in the process of preparing and operating the database. Nonetheless, because of the nature of the database there might be errors originating inter alia in errors of third parties who have furnished content for publication on the database and in other reasons. If you find content which in your opinion is erroneous, incomplete, non-exhaustive, and not fully legible or that contains mistakes, aberrations, inaccuracies or deletions, or if you have further questions and enquiries in relation to the service, you may approach the service provider by e-mail at: email@example.com
An institution agreeing to the terms of this use agreement shall be governed separately by the "technological interface use terms" developed by C.D.I. Systems ("Systems") annexed hereto as appendix "A". The technological interface includes the user interface, a database retrieval tool applied by Systems and tools for viewing, saving and printing the information ("the technological interface").
If in the technological interface sphere there is any contradiction between the terms of the "use agreement" and the "interface use terms", the "use agreement" - shall prevail.
Appendix "A" - Technological Interface Use Terms
1. Systems is only vesting the institution and its authorized users with a right to use the technological interface for educational, scholarly, and research purposes.
2. The usage rights
include the right to view, save and/or print the
information pursuant to the terms of the user authorization level ( "user right" ). The institution and its authorized users do not and shall not have, other than the usage rights, any rights in the technological interface or any part thereof.
3. The usage rights, inter alia, does not include any right to create and/or extend an electronic database, printed or otherwise, in a manner based in whole or in part on any of the components of the technological interface.
1. Systems owns the copyright and/or the usage rights therein and/or the right to allow the use thereof by the holders of other rights including the holders of the copyright ( "holders of other rights" ) in all the technological interface's components.
2. You may not duplicate, photocopy, copy, give or transfer to any third party, or translate into another language, including computer language, any of the components of the technological interface other than pursuant to the terms of this license, without first obtaining Systems' written authorization.
3. You shall not
use any of the trademarks included in the technological
interface, other than pursuant to the terms of this license.
Limitation of liability
1. Systems and/or the holders of the other rights have acted to the best of their ability to prevent any defect, fault or mistake and to ensure the accuracy, quality, completeness and cleanliness of the technological interface data; however, they shall not be liable for any damage deriving from non-compliance with one or more of the above details.
Systems nor the holders of the other rights shall be howsoever
liable, directly or indirectly, for any damage and/or loss, direct or indirect, deriving from the use and/or inability to use the technological interface, for any reason, and/or from any fault, deficiency or unavailability of the service or part of its attributes.
Systems nor the holders of the other rights are howsoever
undertaking that the technological interface and/or the use thereof meet or shall meet any requirement of the institution.
In the event of any conflict between terms and conditions posted on Licensor's website and this Agreement, the terms of this Agreement shall prevail.