Terms and Conditions of Use
“Authorised Sites” means those geographic locations authorised by KSR.
“Authorised Users” means the Licensee and those individuals authorised by Licensee to access the Licensed Materials through Licensee’s Secured Network.
“Effective Date” means the commencement date of the Subscription Term as set forth in KSR’s invoice.
“Licensee” means the entity identified on the signature page of KSR’s invoice.
“Licensed Materials” means the database, and any content therein, viewed as an electronic version on the KSR Evidence platform.
“License Fee” means the fee specified for the applicable Subscription Term as set forth in KSR’s Quote (for the initial Subscription Term), or in KSR’s invoice or renewal notice (for any renewal Subscription Term).
“Licensee’s Secured Network” means a network maintained or controlled by Licensee that is accessible only to Authorised Users who are (i) at the Authorised Sites; and/or (ii) whose identity is authenticated by Licensee at the time of login.
- Permitted Uses. Authorised Users shall access and use the Licensed Materials in compliance with all applicable laws. Permitted uses include the right to search, view, and display the Licensed Materials; print and download individual pieces of the Licensed Materials; and distribute electronic or print copies of individual pieces Licensed Materials. All other access to or use of the Licensed Materials is strictly prohibited including (i) any distribution or transmission of any or all of the Licensed Materials on any public bulletin boards, web sites, or internet chat rooms, and (ii) the creation of a database or compilation containing any or all of the Licensed Materials or otherwise storing any of the Licensed Materials in any retrieval system. Except as permitted herein or by US fair use law, KSR’s prior written permission is required for all other copying, reproduction, or republication of the Licensed Materials.
- Academic Institutions. If Licensee is an academic institution, it may incorporate individual articles from the Licensed Materials into electronic course packs, so long as Licensee deletes the Licensed Materials from electronic course packs at the end of the academic semester in which they were used.
- Payment. Licensee shall pay KSR the License Fee for the applicable Subscription Term.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) THE LICENSED MATERIALS ARE PROVIDED “AS IS” ON AN “AS AVAILABLE BASIS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND (B) KSR’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT OF THE MOST RECENT ANNUAL LICENSE FEE PAID BY LICENSEE. IN NO EVENT SHALL KSR, ITS EMPLOYEES, MEMBERS, TRUSTEES, AGENTS, SUPPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR ANY DAMAGES RESULTING FROM THE INABILITY TO USE, OR THE USE OF, THE LICENSED MATERIALS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, OR ON ANY THEORY OF LIABILITY.
- Other Provisions.
- KSR may modify, discontinue or otherwise remove any portion or other materials from the Licensed Materials. In the event that KSR makes a material change in the Licensed Materials, Licensee may terminate access to and use of the Licensed Materials and, upon prompt written notice to KSR of such termination, receive a refund of the License Fee for the unexpired portion of the Subscription Term.
- Any notice which must or may be given hereunder shall be in writing, in English, and shall be deemed delivered when delivered by registered mail and properly addressed as follows:
- If to KSR, notices shall be sent to Kleijnen Systematic Reviews Ltd, Unit 6 Escrick Business Park, Riccall Road, Escrick, York, United Kingdom YO19 6FD
- If to Licensee, notices shall be sent to attention of the person and at the address specified in KSR’s invoice.