Institutional Site License for access to POIESIS: Philosophy Online Serials (“POIESIS”) made between the Philosophy Documentation Center  (“PDC”) and __________________________ ("the Institution"), agreed this ____ Day of _____________, _____.

WHEREAS PDC has agreed to grant the Institution a Site License for POIESIS to be monitored through the use of Internet Protocol ("IP") addresses on the following terms and conditions:

1. Definitions

1.1 In this Site License the following expressions shall have the following meanings:

"Authorized User" is defined as an individual member of the Institution

"Service" is defined as online access to a database containing the full text of current, recent, and back issues of philosophy journals participating in the POIESIS project. Users of the Service can search the database, receive a limited text display of at least 10 words on either side of each “hit”, bibliographic citations, and abstracts (if available to PDC). Users of the Service can also see the full text of the journals in the database if: a) the journal’s publisher has provided the necessary permission to PDC, and b) the subscribing institution maintains a print subscription to the journal.

"Material" is defined as any abstract, table of contents, “hit” in context, citation, journal text, graphic image, or other material accessed online at the POIESIS web site.

"Network" is defined as any electronic communication between two or more computer terminals linked together through computer software and/or telecommunication, satellite, cable, or broadcasting services or through any other medium now known or hereinafter invented.

"Prohibited Use" is defined as any use of the Service for the creation of derivative works or for any form of commercial exploitation.

"Secure" with regard to the server or Network from which Authorized Users are to be given access is defined as a server or Network or Networks over which the Institution has control and can (inter alia) prevent the further distribution of Material to unauthorized users. A cache server or other server or Network which is publicly accessible is not Secure for these purposes.

"the Site" is defined as the single geographical site nominated by the Institution from which Authorized Users can access POIESIS through a Secure server or Network located at the Site and is designated for access in the registration form completed by the Institution. If the Institution occupies more than one geographical site (for example, if the Institution is a multi-campus University) the Institution must obtain a Site License for each geographical location from which it wishes to provide access to POIESIS.

2. The Institution's Obligations

The Institution agrees:

2.1 to insert in the Registration Form:

2.2 to notify PDC promptly of any additions, deletions or other alterations to the lists of valid IP addresses and excluded IP addresses.

2.3 to obtain at its cost all telecommunications and other equipment and software (including an Internet browser) together with all relevant software Licenses necessary to access POIESIS from the Site.

2.4 to use reasonable efforts to ensure that only Authorized Users are permitted access to POIESIS.

2.5 to take reasonable steps to advise all Authorized Users of the terms and conditions of this Site License and alert them that they may not use the Material for any Prohibited Use or otherwise reproduce, redistribute, retransmit, republish or otherwise exploit Material accessed through POIESIS save as permitted under the terms of this Site License.

2.6 to immediately notify PDC on becoming aware of any actual or threatened claim by any third party that the Material infringes an intellectual property or proprietary right of any third party.

2.7 to take reasonable steps to monitor compliance with the terms of this Site License and immediately on becoming aware of any breach by an Authorized User of the terms of this Site License to terminate such Authorized User's access to POIESIS from the Site and to notify PDC in writing of such breach and termination.

2.8 that nothing contained in this Site License gives the Institution or any Authorized User any rights in the intellectual property or confidential information of PDC and/or the owners of the Material published or otherwise made available through POIESIS.

3. PDC's Obligations

PDC agrees:

3.1 to use all reasonable endeavors to ensure that its server or servers have sufficient capacity, band width, and rate of connectivity to provide Authorized Users of the Institution with a quality of service comparable with current standards in the World Wide Web on-line information provision industry.

3.2 to provide the Institution or Authorized Users all information necessary to access POIESIS online.

3.3 to use all reasonable endeavors to restore access to POIESIS as soon as possible in the event of an interruption or suspension of the service.

4. Grant of License

4.1 This Site License will come into effect on completion of the registration details set out below and will continue until the end of the paid subscription period, subject always to the provisions for earlier termination hereafter contained. This Site License will remain in effect with each renewal of the annual subscription to the Service.

4.2 Under the terms of this Site License each Authorized User is granted the non-exclusive right to display and/or print from screen the viewable Material, and utilize all bibliographic information (including abstracts) for that Authorized User's educational, research, or teaching use only. The aforesaid rights are to be exercised only at the Site.

4.3 Save only for the purposes specified in 4.2 above Authorized Users may not use, store transiently or permanently on any medium, modify, transfer, transmit, reproduce, loan to any third party, publish, exploit or use for any Prohibited Use the whole of any article or index constituting the Material by any means.

4.4 For the avoidance of doubt individual members of the Institution will automatically cease to be Authorized Users upon ceasing to be members of the Institution.

5. Warranty

POIESIS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PDC GIVES NO WARRANTY, EXPRESS OR IMPLIED, AND MAKES NO REPRESENTATION THAT:

5.1 POIESIS will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to PDC; or

5.2 that the on-line service will operate error free or without interruption; or

5.3 that the Material published in POIESIS or otherwise accessible through POIESIS is either complete or accurate.

5.4 Licensor warrants to Licensee that it has the right to grant to Licensee this license and that neither the software nor the written materials infringe upon any copyright or other proprietary or intellectual property rights of any third party. Licensor shall indemnify, defend and hold Licensee harmless from and against any claim, loss, damage, cost, liability or expense arising out of any legal action taken against the Licensee by any third party alleging that the software and/or written materials infringe upon the copyright or other proprietary or intellectual property right of that third party. Licensee may join any such legal action at its own option and expense, but Licensor retains to itself the sole right to defend the warranty hereunder.

6. Limitation of Liability

The entire liability of PDC whether in contract, tort, by statute or otherwise to the Institution or Authorized Users shall be the refund of the subscription fee paid to PDC. In no circumstances will PDC be liable for damages including, without limitation, damages for loss of data or corruption of data, loss of programs, loss of business, goodwill, or other incidental, consequential or indirect losses of any nature arising out of the use, or inability to use POIESIS including without limitation losses arising from any errors, omissions, or other inaccuracies in or corruption caused whether by transmission processing or otherwise to the Material published in POIESIS or otherwise made accessible through POIESIS.

7. Termination

PDC may terminate this Site License forthwith by serving with notice on the Institution in the event that the Institution commits a material breach of this Agreement and in the case of a breach capable of remedy fails to remedy the same within 30 days of a request so to do. Should this Site License be terminated by PDC for cause, the Institution agrees that it may not claim a refund of the Site License fee paid to PDC.

AS WITNESS the hands of the parties the day and year first above written.

Signed _____________________________________

Date ________________

For the Institution Signed_____________________________________

Date ________________

For the Philosophy Documentation Center

POIESIS Registration Form Date:

Institution _____________________________________

Address
_____________________________________ _____________________________________ _____________________________________

Nominated geographical site and address (if different from address of Institution)
_____________________________________ _____________________________________ _____________________________________

Valid IP address[es] for each Network at the Site. 

__________________	__________________	__________________
__________________	__________________	__________________
__________________	__________________	__________________

IP addresses to be specifically excluded from access (e.g. servers publicly available from outside the Site):

__________________

__________________

__________________

Site user name _________________________________________

Title, Name, and Address of Institution’s contact officer
_________________________________ _________________________________ _________________________________

Office Phone number _________________

E-mail Address for correspondence ____________________________

Institution _____________________________________

Address
_____________________________________
_____________________________________
_____________________________________

Nominated geographical site and address (if different from address of Institution)
_____________________________________
_____________________________________
_____________________________________

Valid IP address[es] for each Network at the Site.

IP addresses to be specifically excluded from access
e.g. servers publicly available from outside the Site):

Site user name _________________________________________

Title, Name, and Address of Institution’s contact officer
_________________________________
_________________________________
_________________________________


Office Phone number _________________

E-mail Address for correspondence _______________________

Billing Address
_____________________________________
_____________________________________
_____________________________________

Title and Name of billing contact
_________________________________
_________________________________
_________________________________

Office Phone number for billing correspondence _________________

E-mail Address for billing correspondence
____________________________