Definition of terms used in this Contract
Parties to this Agreement acknowledge and accept the following definitions:
- "Licensed Material": includes both the data and the search engine, which are together made available online to the Licensee.
"the works of Éditions Classiques Garnier Numérique" includes, more generally: extracts, articles, indices, prefaces, quotes and other proprietary material contained within and forming part of the Licensed Material.
- "The Licensee": the contracting party. By signing up to the present Contract, the Licensee undertakes to do everything in his or her power to meet the terms of the License.
- "The authorized user": the person holding the License.
- "Use of the Licensed Material": as defined within the terms of the present Contract, the use of the Licensed Material is limited, and may not under any circumstances be carried out for business purposes. Use allows access to the Material (the architecture and content of the databases, the data, and the search engine), which at no point and in no way become the property of the Licensee or of the users.
I Aim of the License and general conditions of use
1.1 The present License refers to the temporary right of access to the Licensed Material given to the person signing the License.
1.2 The present User License for this Licensed Material does not represent any kind of transfer of rights to the authorized Licensee regarding the data or the search engine, nor of the rights of third parties or of any other component part of the works of Éditions Classiques Garnier Numérique. These remain the exclusive property of Éditions Classiques Garnier Numérique.
1.3 The present License is afforded to the Licensee who, in accordance with the definition established above, is the only person who may have access to the Licensed Material. The License is personal, non-transferable, and cannot be the object of further licensing.
II Rights and restrictions of use
2.1 Rights and limitations on rights
2.1.1 The right of access to the Licensed Material is limited, non-exclusive, and non-transferable. Personal, private use of the Material is authorized, for the purposes of research and teaching. The conditions of use of the Licensed Material imply the same conditions of use with regard to its component parts (works pertaining to Éditions Classiques Garnier Numérique).
2.1.2 The Licensed Material, its features, and the present License together allow the storage, extraction, and printing of parts of the works of Éditions Classiques Garnier Numérique as distinct items. Such actions must respect copyright law as it exists, or may at a future date exist, according to the prevailing law and regulations of France, as well as to international conventions and European norms.
2.1.3 The Licensed Material, its features, and the present License together prohibit the systematic extraction, distribution, reproduction, or storage of large parts of the Licensed Material. Ignorance of the conditions of use, which are available on the Éditions Classiques Garnier Numérique website, does not constitute an excuse for any breach of those conditions.
2.1.4 Under the terms of the present License, Éditions Classiques Garnier Numérique provides the authorized user with strictly personal, remote access to the resources.
2.2 Restrictions on use
2.2.1 The Licensed Material may not be used for commercial purposes, nor lead to the production of a separate body of work, whether or not in competition with the activities of Éditions Classiques Garnier Numérique.
Hence, the Licensee may not under any circumstances distribute or participate in the distribution of the contents of the database on the Web by any means, including, but not limited to, through the internet.
The Licensee is not authorized to make the Licensed Material publicly available, or to authorize access to the Licensed Material to any person other than the authorized users, and under the conditions defined by the present License.
2.2.2 The Licensee does not have the right to make any kind of modification to the data, the search engine, or the works of Éditions Classiques Garnier Numérique (conversion, transfer, translation, re-arrangement, etc.).
2.3.3 The systematic downloading or extraction of the content of the Licensed Material, its dismantling, and the large-scale printing of the Material under license, are explicitly prohibited. In order to guard against such misuse, and to protect its rights as owners of the Licensed Material, Éditions Classiques Garnier Numérique are authorized to operate fraudulent-use detection systems. When triggered, connection to the Material is interrupted. Connection can only be restored when Éditions Classiques Garnier Numérique judges that there is no longer any risk of fraudulent activity.
III Responsibilities of Éditions CGN and of the Licensee
3.1 The Licensee and Éditions Classiques Garnier Numérique hereby provide mutual assurances that they are legally entitled to enter into the present Agreement, and are able to comply with the rules contained therein.
3.2 The Licensee and Éditions Classiques Garnier Numérique both undertake, at their own cost, and in the interests of securing the best possible connection and access to the Licensed Material, to be suitably equipped (server capacity, hosting, and technical maintenance in the case of Éditions Classiques Garnier Numérique; software and internet connections in the case of the Licensee).
3.3 The Licensee and Éditions Classiques Garnier Numérique are both responsible for:
3.3.1 the security and quality of the connection:
- Éditions Classiques Garnier Numérique guarantees the correct recording of personal, non-transferable codes, and the successful functioning of the initial connection in the shortest time and at the best quality possible. In the case of a suspension of service, the company undertakes to re-establish the connection as soon as possible (no longer than 60 days).
- The Licensee and Éditions Classiques Garnier Numérique undertake to cooperate in a helpful and appropriate manner in the case of suspected or demonstrable illicit use of the Licensed Material, and to bring such an incident to a conclusion as quickly as possible. The Licensee agrees to keep Éditions Classiques Garnier Numérique as fully informed as possible, and to provide them with all information likely to be useful in clarifying such a damaging situation.
3.3.2 the correct use of the Licensed Material:
- Éditions Classiques Garnier Numérique undertakes to make available (by publishing the present License on their site) all necessary information regarding the restrictions and prohibitions relating to the use of the Licensed Material.
3.4 Éditions Classiques Garnier Numérique and the Licensee undertake to protect each other from any claim, action, or legal proceeding taken against them by third parties in respect of rights and responsibilities mentioned in the present License, and further undertake, in the case of litigation on matters not covered by the specific terms of the present Agreement, to respect the terms of this Agreement and to show good faith and willingness to offer each other mutual assistance.
IV The limits of responsibility of Éditions Classiques Garnier Numérique and the Licensee
4.1 The Licensed Material is provided to the Licensee "as is" by Éditions Classiques Garnier Numérique. The suitability of the Material in meeting the Licensee's expectations, or for his/her equipment is not the concern of Éditions Classiques Garnier Numérique.
The Licensee acknowledges the possibility that the Material may not match his expectations or function with his equipment, and that Éditions Classiques Garnier Numérique may, without prior notice, modify, add to, or remove parts of the Material, which remains their property. Éditions Classiques Garnier Numérique cannot be held responsible for the deterioration of the Licensed Material, its alteration, or for software malfunction.
4.2 Éditions Classiques Garnier Numérique and the Licensee cannot be held responsible for any matter not addressed by this Agreement, even matters relating to the use of, and access to, the Licensed Material; neither can they be held responsible for breaches of rights and duties specified in the Agreement where these are clearly unintentional, or lie beyond their control or capability. Such cases would be decided through external arbitration.
4.3 Éditions Classiques Garnier Numérique cannot be held responsible for service interruptions caused by failure of the telecommunications network, or by their service providers, or which are due to the characteristics and limits of the internet, notably in the case of disruption of the access network, technical performance and response times for consultation, interrogation, or information transfer.
V CCancellation, indemnity, force majeure and general matters
5.1 In the case of failure to meet one of the clauses of the present Contract, and where this proves impossible to remedy within a reasonable period, both parties may end the arrangement. Failure to give notice of this in writing to the other party will be considered a renunciation of the Contract.
5.2 No other circumstance, even if relating to the use of the Licensed Material, can cause the annulment of the Licensee's responsibility to Éditions Classiques Garnier Numérique. The present Contract is governed by the laws of France.