TERMS OF USE

ULRICHSWEB.COM™ AND ULRICH’s™ SERIALS ANALYSIS SYSTEM (COLLECTIVELY, THE "PRODUCTS") ARE THE PROPERTY OF PROQUEST LLC ("PROQUEST"). THE PRODUCTS CHECKED ON SUBSCRIBER’s REGISTRATION FORM ("REGISTRATION FORM") ARE LICENSED TO SUBSCRIBER UNDER THE TERMS OF THESE TERMS OF USE ("TERMS OF USE").  

Subscriber wishes to subscribe to one or more of the Products and to allow Authorized Users and/or USAS Users, as appropriate (both, as defined herein) to access and search the Products for non-commercial purposes only. Subscriber agrees to be bound by all of the terms in these Terms of Use.

DEFINITIONS

"Authorized Users" means those employees, students, faculty, staff and patrons of Subscriber who are authorized by Subscriber in accordance with these Terms of Use to access and use Ulrichsweb.com, either from the Licensed Locations (as defined herein) or remotely (from locations other than the Licensed Locations) via a protected referral URL and/or a protected proxy server of Subscriber.

"Content" means the content available through the Products, including but not limited to the Ulrich’s Database, articles, photographs, images, illustrations, audio clips and video clips, Software and databases.

"License Fees" means the fees payable by Subscriber to ProQuest for use of the Products as specified in the Registration Form and any fees payable for subsequent renewals of the license granted herein.

"Licensed Locations" means the sites and/or Internet server addresses ("IP Addresses") specified by Subscriber in the Registration Form and any subsequent renewals, additions or deletions to the Licensed Locations as agreed to by ProQuest and Subscriber.

"Software" means the proprietary computer instruction set developed or licensed by ProQuest to access and display the Ulrich’s Database and Content in the Products.

"Ulrich’s Database" means the online version of ProQuest’s proprietary data product known as Ulrich’s™ that includes without limitation information on serials reference sources and serials information providers.

"Ulrich’s™ Serials Analysis System" or "USAS" means ProQuest’s proprietary electronic research product that allows its users to compare the scope of their library holdings and other data against the periodicals information available from the Ulrich’s Database, Ulrichsweb.com, and other Content.

"Ulrichsweb.com™" means the Ulrich’s Database, Software, and any other materials, including any documentation, delivered or displayed to Subscriber by ProQuest under these Terms of Use.

"USAS Users" means the library employees and staff of Subscriber who are authorized by Subscriber in accordance with these Terms of Use to use Ulrich’s Serials Analysis System via password protected access.

COPYRIGHT AND LIMITATIONS ON USE

The Content and Software are the property of ProQuest or its licensors and are protected by copyright and other intellectual property laws. The Ulrich’s Database is also copyrighted as a collective work under United States copyright law. Content received through the Products may be displayed, downloaded, and printed for non-commercial, scholarly, research or reference purposes only.

Subscriber agrees not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content received through Ulrichsweb.com to anyone other than Authorized Users. Notwithstanding the foregoing, ProQuest acknowledges that Authorized Users may refer to (and include insubstantial excerpts of) materials provided hereunder in professional writings, consistent with the fair use doctrine of United States copyright law, and nothing herein restricts any such use provided that with such use Subscriber and Authorized Users must include all copyright and other proprietary notices placed upon the Content by ProQuest. Subscriber and Authorized Users may not post any Content from Ulrichsweb.com to newsgroups, weblogs, mail lists or electronic bulletin boards without the prior written consent of ProQuest. To request consent for this or other matters, please contact ProQuest at: ulrichsinfo@proquest.com. Ulrichsweb.com includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. ProQuest and its Content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations, give tax or investment advice, or advocate the purchase or sale of any security or investment.

USAS Users may display, download, distribute, print, and otherwise use and save the lists and reports generated from Ulrich’s Serials Analysis System for their own internal library research and analysis purposes only. ProQuest acknowledges that Subscriber owns and retains all right, title and interest in and to Subscriber’s library serials holdings information. Notwithstanding the foregoing, Subscriber hereby grants to ProQuest permission to include Subscriber’s library serials holdings information in aggregated lists and reports as part of the "peer comparison" feature of Ulrich’s Serials Analysis System. This feature allows subscribers to compare their own serials holdings against the aggregated serials holdings information of a group of libraries, grouped together by FTE, Carnegie Classification or other criteria. Subscriber’s serials holdings information will be aggregated with the serials holdings information of its peer libraries. Libraries and institutions in the peer groups will not be identified by name, nor will any institution-specific information such as contact names or emails, Library-Defined Usage Statistics, or local Notes be provided without the express written permission of Subscriber.

DISCLAIMER OF WARRANTIES AND LIABILITY

DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE PRODUCTS IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT AND THE PRODUCTS. PROQUEST AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR PRODUCTS. NEITHER PROQUEST NOR ITS LICENSORS SHALL BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, USAS USERS, OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THE CONTENT OR PRODUCTS CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE CONTENT OR PRODUCTS. IN NO EVENT WILL PROQUEST OR ITS LICENSORS BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, USAS USERS, OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER AUTHORIZED USERS, USAS USERS, OR ANYONE ELSE IN RELIANCE ON THE CONTENT OR THE PRODUCTS.

SUBSCRIBER UNDERSTANDS AND ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR LOADING, USING, DOWNLOADING INTO OR DELETING FROM ITS COMPUTER SYSTEM ANY LISTS OR REPORTS PROVIDED BY THE ULRICH’s SERIALS ANALYSIS SYSTEM, AND SUBSCRIBER ASSUMES ALL RISK AND RESPONSIBILITY RELATED TO SAME. IN NO EVENT SHALL PROQUEST BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM SUBSCRIBER’s LOADING, USE, DOWNLOADING OR DELETION OF SUCH REPORTS.

UNDER NO CIRCUMSTANCES SHALL PROQUEST BE LIABLE TO SUBSCRIBER FOR ANY LOST PROFITS, LOST REVENUE, DAMAGED OR LOST DATA, LOST BUSINESS, EQUIPMENT DOWNTIME OR INTERRUPTION OF SERVICE. PROQUEST AND ITS LICENSORS SHALL NOT BE LIABLE TO SUBSCRIBER, AUTHORIZED USERS, USAS USERS, OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBSCRIBER AGREES THAT THE LIABILITY OF PROQUEST AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE CONTENT OR PRODUCTS SHALL NOT EXCEED THE AMOUNT SUBSCRIBER PAID TO PROQUEST FOR THE USE OF THE PRODUCTS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

SUBSCRIBER, AUTHORIZED USERS AND USAS USERS MAY BE ABLE TO ACCESS OTHER INTERNET SITES NOT CREATED BY PROQUEST THROUGH THE PRODUCTS. THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE AND OTHER ASPECTS OF RESOURCES ON INTERNET SITES NOT CREATED BY PROQUEST IS BEYOND PROQUEST’s CONTROL, AND PROQUEST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH SITES. PROQUEST MAKES NO WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF ANY ITEM OR SERVICE OFFERED, SOLD OR OTHERWISE MADE AVAILABLE TO SUBSCRIBER, AUTHORIZED USERS OR USAS USERS AS A RESULT OF INTERNET ACCESS VIA THE PRODUCTS OR SUBSCRIBER’s, AUTHORIZED USERS' OR USAS USERS’ USE OF SUCH ITEMS OR SERVICES, AND PROQUEST EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SUCH ITEMS OR SERVICES.

SUBSCRIBER OBLIGATIONS

Subscriber will exercise commercially reasonable efforts to inform Authorized Users and USAS Users of the restrictions on the use of the Products and Content and to enforce such restrictions.

GOVERNING LAW

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Michigan, without reference to the principles of choice of laws thereof.

[Last Updated: 13 December 2007]