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Terms of Use for LAU Repository(LAUR)

Use of the web site /research/laur/ (the “Site”) and its contents is subject to the following terms and conditions and all applicable laws. By using the Site or any of its content, you accept and agree to be bound by these Terms of Use. If any of these Terms of Use are unacceptable to you, do not use the Site or its content.

The Site is maintained by the LAU Libraries. As used in these Terms of Use, the terms “we,” “us,” and “our” refer to both LAU and LAUR.

1. Changes to Terms of Use Are Binding: We may change these Terms of Use from time to time without advance notice. Your use of the Site, or any of its content licensed hereunder, after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.

2. Copyright and Other Protection: The Site and much of the text, images, graphics, information and other content of the Site (collectively, the “Content”) are protected by copyright, trademark and other laws. We or others own the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use. Much of the Content consists of articles and other scholarly writings posted at the direction of authors (the “Posted Material”), according to their understanding of their rights in that material.

3. Open Access (OA) Policy: Posted Material consists of scholarly articles, and students work. You may use, reproduce, distribute, and display the open access Articles and the open access thesis/capstone projects for:

a. personal study;

b. teaching (including distribution of copies to students and use in course packs and courseware programs);

c. research and scholarship (including computational research uses such as data-mining and text-mining); and

d. provision of value-added services (including full-text searching, cross-referencing, and citation extraction);

provided in each case that:

i. you will not sell or charge for any OA Article (whether or not any profit is involved) and will not sell advertising on the same page as any OA Article;

ii. if you make an OA Article available to others, you will retain with the article its title, the name of the author(s), a reference to these Terms of Use, and any copyright notice included on the original;

iii. if you make an OA Article available online, you will use reasonable efforts both to cite to the publisher’s definitive version of the article if it has been published, and to provide a link to the publisher’s version if it is available on-line;

iv. you may not use a facsimile of the published version of an article under these open access terms, unless the publisher so permits and that version has been made available as an OA Article on the Site;

v. you will not make any translation, adaptation or other derivative work of an OA Article, except that, as reasonably necessary in order to carry out a permitted use, you may include the article in a collection or database, may change the technical format of the article, and may use excerpts of the article for teaching or other permitted purposes, so long as, in each case, (A) your use of the article or any portion thereof continues to comply with all provisions of these Terms of Use that are applicable to OA Articles, (B) you do not misrepresent the substance of the article, and (C) your derivative of the article includes a citation, hyperlink, or similar reference to the original article and appropriately identifies the nature of the derivative work (e.g., “abridged from_____”); and

vi. you may not sublicense or otherwise transfer your rights in any OA Article, and will only make OA Articles available to others for use by them under these Terms of Use as in effect from time to time.

4. Other Posted Material. Posted Material other than OA Articles (“Other Posted Material”) is made available on the Site at the direction of authors according to their understanding of their rights in that material. You may download and use Other Posted Material in any manner not prohibited by copyright or other applicable law. Although we do not grant you any rights in Other Posted Material, authors in some cases may allow additional uses of certain Other Posted Material.

5. Fair Use and Other Lawful Uses. Nothing in these Terms of Use is intended to restrict or limit you from making uses of Posted Material that, in the absence of rights granted hereunder, would not infringe or violate anyone’s copyright, trademark or other rights.

6. Article Metadata. Some of the Content on this Site consists of bibliographic data relating to Posted Material.  With the exception of abstracts of Posted Material, the bibliographic metadata made available through the access mechanisms described at /files/rules-regulations.pdf are referred to herein as the “Metadata.” LAU makes the Metadata available subject to the CC0 1.0 Universal Public Domain designation:

 

lthough LAU does not impose any legally binding conditions on access to the Metadata, LAU requests that you act in accordance with the following rules of the LAU Libraries with respect to the Metadata: 

·        First, LAU requests that LAU libraries be given attribution as a source of the Metadata, to the extent it is technologically feasible to do so.

·        Second, LAU requests that you make the Metadata and any improvements thereto freely available on the same terms as LAU has done, i.e., without claiming any legal right in, or imposing any legally binding conditions on access to, the Metadata or your improvements, and with a request to act in accordance with these rules.

7. Other Content. Content on the Site other than Posted Material and Metadata is made available only for your personal, noncommercial use. You may not retransmit, publish, distribute, display or otherwise make available any such Content to others, except as we may otherwise expressly allow, and except for the notices and other information accompanying Posted Material, which you may make available when you have the right to make the related Posted Material available.

8. Reserved Rights; Obtaining Permissions. All rights in the Site and the Content (including the Posted Material) that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with copyright and all other applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights. If you wish to make any use of the Content that requires authorization under copyright, trademark or other rights, you agree to obtain all necessary permissions. You are responsible for determining whether permission is needed to make any use of the Content that you wish to make. For permission under rights held by us, you should contact LAU libraries.

9. Disclaimer of Warranties. THE SITE AND THE CONTENT ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY POSTED MATERIAL OR CONTENT PROVIDED BY OTHERS, INCLUDING LAU AUTHORS. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

10. Limitations of Liability and Remedies. WE MAKE THE SITE AND THE CONTENT AVAILABLE FREE OF CHARGE. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR ANY THIRD PARTY RIGHTS IN THE CONTENT, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnity. You agree to indemnify and hold harmless LAU and LAU libraries, and their officers, fellows, governing board members, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Content or your failure to comply with any provision of these Terms of Use.

12. Submissions to LAUR. We have additional requirements and procedures that apply to authors and others who submit articles or other material to the LAUR for posting on the Site, and any such submission must be made in accordance with those requirements and procedures.

13. Links to Other Sites. Links on the Site to third-party websites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.

14. Trademarks. Nothing in these Terms of Use or on the Site will be construed as granting you any right or license to use any trademarks, service marks or logos displayed on the Site. You agree not to use or register any name, logo or insignia of LAU or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.

15. Copyright Complaints. We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify us.

16. Termination. The permissions and rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless we otherwise specifically agree in writing, but the other provisions of these Terms of Use will survive any such termination. If we take down or otherwise cease to make an article available as an OA Article, the permission granted to you hereunder to use that OA Article thereafter will terminate at that time. We intend to identify any articles that are no longer made available as OA Articles on a list below.

18. General. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, non-exclusive and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We may change these Terms of Use from time to time without advance notice. Your use of the Site, or any of the Content licensed hereunder, after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

* The above Terms of Use are courtesy of DASH– Digital Access to Scholarship at Harvard University with minor adaptations.