Mouton de Gruyter

These Terms and Conditions govern the rights and limitations of online access to Mouton de Gruyter Multimedia Products for which the Licensee has purchased access on an annual subscription basis for a single site. Such site shall be a contiguous geographical location from which Authorized Users can access Mouton de Gruyter Multimedia Products through a Secure Network.

1.1 Mouton de Gruyter grants to the Licensee the non-exclusive, non-transferable and non-sub-licensable right to give Authorized Users access to the electronic versions of Mouton de Gruyter multimedia products (Licensed Material) and allow its use as set forth below. Access and use must be via a stand-alone network or a virtual network on the internet which is accessible only to Authorized Users controlled and supervised by the Licensee (Secure Network).
1.2 Authorized Users are

current members of the Licensee's faculty
library staff and other staff of the Licensee
individuals who are currently studying at the Licensee's institution
members of the public visiting the library

1.3 Members of the public visiting the library are permitted to access the Licensed Material only from computer terminals within the Licensee's library premises as the relevant site. All other Authorized Users may access the Licensed Material from computer terminals within the Licensee's library premises and - if the Licensee provides this - by means of remote access through the Licensee's Secure Network.
1.4 Authorized Users may access, search, download and view the Licensed Material and make single printed or electronic copies of individual articles for private use or research.
1.5 The Licensee may not use or permit Authorized Users to use the Licensed Material for the purpose of monetary reward by means of sale, resale, loan, hire, lease or any other form of exploitation.
1.6 The Licensee may make temporary local electronic reproductions of the Licensed Material which are transient or incidental and form an integral and essential part of a technological process (caching) and whose sole purpose is to enable a lawful use of the Licensed Material by the Authorized Users and which have no independent economic significance.
1.7 Licensee and Authorized Users may use a reasonable portion of the Licensed Material in the preparation of printed Course Packs for the use of Authorized Users at the Licensee's institution, but not for commercial use or re-sale.
1.8 Licensee is not allowed to engage in commercial document supply of Mouton de Gruyter multimedia products, but may fulfil occasional requests from other institutions (Interlibrary Loan). Such requests must not be fulfilled with electronic copies but only printed copies of the Licensed Material.
1.9 Licensee or Authorized Users are not allowed to make available parts of the Licensed Material on any electronic network, including without limitation the Internet and the World Wide Web, other than the Secure Network.
1.10 Licensee or Authorized Users are not allowed to make print or electronic reproductions of multiple extracts of the Licensed Material (systematic download) that do not merely constitute a small part of the Licensed Material.
1.11 Licensee or Authorized Users may not remove or alter the authors' names or Mouton de Gruyter's copyright notices or other means of identification or disclaimers as they appear in the Licensed Material.
1.12 Licensee shall use all reasonable endeavours to ensure

that only Authorized Users are permitted access to the Licensed Material;
that Authorized Users are appropriately notified of the importance of respecting the intellectual property rights in the Licensed Material;
that the Authorized Users are made aware of and undertake to abide by these Terms and Conditions;
compliance with these Terms and Conditions; upon becoming aware of any unauthorized use or other breach, the Licensee shall inform Mouton de Gruyter and take all reasonable and appropriate steps, both to ensure that such activity ceases and to prevent any recurrence.

2.1 Mouton de Gruyter provides access to the Licensed Material via the Internet during the period for which the electronic access to the Licensed Material is purchased by the Licensee. Mouton de Gruyter shall use reasonable endeavours to ensure that its server has adequate capacity and bandwidth to support the usage of the Licensee at a level commensurate with the standards of availability for information services of similar scope operating via the Internet.
2.2 For some Multimedia Products, a print or CD version may be available containing that part of the Licensed Material which was published and paid for within the access period for Licensees who wish to terminate electronic access. Please contact Mouton de Gruyter directly for details. Mouton de Gruyter may, at its own discretion, alternatively provide access to PDF files by

Allowing one systematic download of those PDF Files to an electronic archive of the Licensee;
A third party (chosen by Mouton de Gruyter) serving as a trusted repository;
Providing a single copy of those PDF files on data carrier like CD-ROMs, DVD or others.

All rights and obligations of the Licensee apply accordingly to such materials.
2.3 Under present policy, Licensee may be given access to content published prior to the subscription access period. Such access is given on an ex gratia basis and no right is hereby created for the Licensee to use or access any material other than that for which a subscription or access has been purchased. On termination of the subscription, access to such material that was not paid for will terminate.
2.4 Mouton de Gruyter reserves the right at any time to withdraw from the Licensed Material any item or part of an item for which it no longer retains the right to publish or make it available to third parties, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.

3.1 Mouton de Gruyter makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the Licensed Material, merchantability or fitness of use for a particular purpose. The Licensed Material is supplied 'as is' and "as available".
3.2 Mouton de Gruyter shall not be liable for Licensee's damage caused by slight negligence. This limitation of liability shall apply to all claims of Licensee for damages irrespective of their legal grounds, unless stated otherwise in the following.
3.3 The limitation of liability under Clause 3.1 shall not apply with respect to the breach of significant contractual obligations caused by slight negligence of Mouton de Gruyter, but in this case the damages shall be limited to the amount of foreseeable damages typical of such contracts. The same applies in cases of gross negligence on the part of simple vicarious agents of Mouton de Gruyter.
3.4 The limitation of liability under Clauses 3.1 and 3.2 shall not apply to claims under the German Product Liability Act (ProdHG), damages resulting from the violation of life, body or health or in cases that are covered by any guarantees of Mouton de Gruyter.
3.5 Where Mouton de Gruyter's liability is excluded or limited, this shall also apply to Mouton de Gruyter's employees, representatives and vicarious agents.
3.6 Neither party's delay or failure to perform any provision of this License, as a result of circumstances beyond its control (including, without limitation, war, strikes, floods, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall be deemed to be, or to give rise to, a breach of this License.

These Terms and Conditions may be terminated if either party materially breaches its obligations under this agreement and does not remedy such breach within 30 days after notification by the other party. In particular, Mouton de Gruyter may terminate this agreement if Licensee makes the Licensed Material or any parts thereof available to anyone or in any way not expressly provided for in these Terms and Conditions.

Should any provisions of these Terms and Conditions be or become completely or partially invalid or should there prove to be an omission herein, this shall not affect the validity of the remaining provisions. In place of the invalid provision, that valid provision which comes closest to meeting the purpose of the invalid one shall be deemed agreed. In the event of an omission, that provision shall be deemed agreed which corresponds to what the Parties would have agreed, judging by the purpose of this Agreement, had they given the matter their attention at the outset.

If the Licensee wishes the license to cover more than one Site (e.g. if the library premises extend to multiple sites), it must obtain a multi-site license. Please contact networklicense@degruyter.com regarding questions about this license or multi-site licenses.