This document sets out the terms and conditions on which Digital Bharat Foundation will make access to its Digital Bharat Foundation platform available via its World Wide Web server ("the Server") to any institution whose details are set out in a registration form ("the Subscriber"), as part of a particular Digital Bharat Foundation service (the "Service"). Please read these terms and conditions carefully. By signing the registration form (the "Form"), and/or clicking that you accept these terms and conditions, you certify that you have read and agree to be constrained by all such terms and conditions and you certify further that you are authorized to sign up to them on behalf of the institution.
Authorized Users may access, download, store, search and print hard copy of text. Copying must be limited to making a single printed copy or electronic copies of a reasonable number of individual articles or other similar items. No text accessed via the Service may be made available to non-Authorized Users, either for commercial reward or free of charge, except that for inter-library loan purposes a single paper copy of an electronic original may be made and sent non-digitally to a library in the same country as the Subscriber under fair dealing/use exemptions. In addition, for inter-library loan purposes, the Subscriber may make a single paper copy of an electronic original available to a library in the same country by secure transmission whereby that electronic file is deleted immediately after printing. Such supply must be for the purpose of research or private study and not for commercial use or onward transmission or distribution. In USA, such copies may only be made in compliance with Section 108 of the Copyright Act of USA and within CONTU guidelines.
Access is granted to Authorized Users of commercial institutions solely for internal research, testing or training purposes or for personal use in accordance with these terms and conditions.
Access is granted to Authorized Users of educational institutions solely for private study or research for a non-commercial purpose by Authorized Users. Authorized Users of educational institutions may use the Service for educational resources, such as "course packs", made available solely to Authorized Users provided that electronic copies included in such educational resources are removed or deleted at the end of the semester or term in which the relevant course ends. Such Authorized Users may also make brief quotations from the content of journals, with the customary acknowledgement of the source, and copy and transmit content from individual online articles in "person-to-person" and non-systematic scholarly exchanges of information.
The Subscriber and its Authorized Users may only use this online access in a way that does not breach the laws of the country in which they are accessing the Service.
Altering, recompiling, systematic or programmatic copying, reselling, redistributing, supplying, publishing or republishing (beyond the brief quotations permitted above) of any journal text, output, search results or other information from any part of the Service, including, without limitation, copyright, proprietary or other legal notices, in any form or medium is prohibited. Downloading an entire issue of a journal, systematic downloading, service bureau redistribution services, printing for a for-fee-service purpose, document delivery services and/or the systematic making of print or electronic copies for transmission to non-Authorized Users (beyond that permitted above) are prohibited..
This agreement between Digital Bharat Foundation and the Subscriber set out in these terms and conditions shall become effective on acceptance by Digital Bharat Foundation. This agreement shall be for any initial term agreed in writing by the parties and shall then continue on an annual rolling basis on condition that the Subscriber continues to pay to Digital Bharat Foundation any applicable fee. Access to the Service shall terminate:
(i) immediately if these terms and conditions are materially breached and such breach is not remedied within 30 days of the breaching party receiving a written request to remedy such breach; or
(ii) following not less than 30 days prior written notice by either party to the other. This agreement will also terminate if the Subscriber rejects a change to these terms and conditions notified to it by Digital Bharat Foundation. In the absence of any rejection within 30 days of notification any new terms and conditions will apply.
On termination of this agreement, where Digital Bharat Foundation has expressly agreed with the Subscriber in writing to provide continued access post termination as part of the Subscribers access to the Service, the Subscriber will be entitled to have continued access to issues of journals published in the calendar year in which access to them commenced under this agreement and, where the agreement remains in force for subsequent full calendar years, continued access to issues of those journals included as part of the Service which were published in those full calendar years (the “Available Content”). All other access shall terminate. The Available Content will be made accessible by Digital Bharat Foundation giving the Subscriber a disk containing that content. If the Subscriber wishes to continue to access the Available Content via a web site then it shall pay Digital Bharat Foundation an annual maintenance fee. The content will be made available via a web site for so long as that annual maintenance fee is paid and for so long as Digital Bharat Foundation provides electronic access to that content via a web site. If access via a web site is no longer available, Digital Bharat Foundation will make the Available Content available to the Subscriber on disk. If, at any time,Digital Bharat Foundation ceases to publish or distribute any of the Available Content then it will use its reasonable endeavors to negotiate the right for the Subscriber to continue to access it in accordance with these terms and conditions.
Digital Bharat Foundations journals and their content, including abstracts, are either owned by Digital Bharat Foundation has the right to make them available and are subject to all applicable copyright, database protection and other rights of copyright owners and publishers under the laws of USA and other countries. Subscribers and Authorized Users shall claim no ownership by reason of their use of or access to the Service. ALL RIGHTS RESERVED.
Any fees payable by the Subscriber for the Service shall be those agreed in writing and shall be payable by the Subscriber within 30 days of the date of any invoice. Where fees are being paid by the Subscribers authorized subscription agent, the Subscriber shall remain primarily responsible for payment of such fees.
Where this agreement continues for more than one calendar year, Digital Bharat Foundation will notify the Subscriber, in writing and in advance, with details of any fees payable for subsequent years. The Subscriber acknowledges that, even where fees for any initial term are fixed, unless the fees for subsequent years have been agreed with Digital Bharat Foundation in writing, they shall be subject to price increases and alterations. Where the Service is Digital Bharat Foundation scientific extra, should Digital Bharat Foundation acquire or launch a new publication, such publication shall be added to the journals and the Subscriber shall pay the appropriate additional fee to reflect this.
All sums payable by the Subscriber are exclusive of sales taxes (where applicable), which shall be paid by the Subscriber on presentation of an appropriate tax invoice or other appropriate claims document.