INDIVIDUAL USER LICENSE AGREEMENT

THIS LICENSE AGREEMENT between the Licensee identified in the DESWARE-Online Registration Form and UNESCO-Encyclopedia of Life Support Systems (EOLSS) grants the Licensee the right to access DESWARE-Online, the Online Encyclopedia of Desalination and Water Resources, subject to the terms and conditions set forth in this Agreement and those posted on the DESWARE-Online Website.

Registration begins when you click on the "I Accept" button at the bottom of this License Agreement. You will be prompted to complete and submit the DESWARE-Online Registration Form.

1. DEFINITIONS:

The following terms shall be deemed to have the meaning as stated below:

a) DESWARE-Online: DESWARE-Online; the Encyclopedia of Desalination and Water Resources available from UNESCO-Encyclopedia of Life Support Systems (EOLSS) or their affiliates on the Worldwide Web.
b) Licensed Materials: The materials that are subject to this License Agreement. These consist of those contributions to DESWARE-Online which have been installed on the website for online access by the Licensee in accordance with the Terms and Conditions for Use as given herein.
c) Licensor: UNESCO-Encyclopedia of Life Support Systems (EOLSS)
d) Licensee: The customer named in the registration and is responsible for payment of fees and charges in connection therewith and implementation of this License Agreement.

2. LICENSED AGREEMENT ACCESS RIGHTS

a) The Licensor grants to the Licensee, during the Term as defined below, a non-exclusive, non-transferable License Agreement to access the Licensed Materials, according to the terms and conditions described herein.
b) The Rights are personal to the Licensee. The Licensee may not assign, sub-license, transfer, charge or otherwise dispose of his/her rights under this License Agreement without the prior consent of the Licensor. The Licensee agrees to maintain the Licensee's ID and Password as private and confidential information. Unauthorized use of the Licensee's ID and Password for online access to the DESWARE-Online, with or without the Licensee's knowledge, is a breach of this License Agreement and a violation of Licensor 's copyrights.
c) The Licensee acknowledges that the copyright and title to the Licensed Materials and any trademarks or services marks relating hereto remain with Licensor and/or their suppliers. The Licensee shall not have right, title or interest in the Licensed Materials except as expressly set forth in this License Agreement. DESWARE-Online and the materials contained therein are protected by copyright. All rights not specifically granted to the Licensee are expressly reserved.

3. TERMS AND CONDITIONS OF USE

a) The Licensee may download, view, copy and save to hard disk or diskette and store or print out single copies of individual chapters for the Licensee's personal use, scholarly, educational or scientific research, provided he/she keeps intact all copyright and other proprietary notices. The Licensee has the right to reproduce, with appropriate credit, figures, tables and brief excerpts, not to exceed 20% of any single chapter and in no case more than 4000 words, from individual chapters in DESWARE-Online in his/her scientific, scholarly and educational works. In the event of any permitted use of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made without written authorization from the Licensor or other copyright owner. The Licensee is NOT permitted to transmit any of the Licensed Materials whatsoever to a third party.
b) Licensees may not modify, adapt, transform, translate, recompile or create any derivative work based on any materials included in the Licensed Materials, or otherwise use any such materials, in a manner that would infringe the copyright therein. Any copyright notices, other notices or disclaimers included by the Publisher in the Licensed Materials or any accompanying screen displays may not be removed, obscured or modified in any way.
c) If the Licensee fails to abide by these Terms and Conditions of Use or other terms of this License Agreement, the Licensor reserves the right in their sole discretion to suspend or terminate such Licensee's access to the DESWARE-Online immediately without notice, in addition to any other available remedies.
d) Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials.
e) Other than as specifically permitted in this License Agreement, Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of Licensed Materials or bulk reproduction.

4. TERM AND TERMINATION

a) The Terms available for access to the DESWARE-Online are available in and selected via the DESWARE Online Registration form.
b) The Term of this License Agreement shall commence on payment of the subscript fee and continue for the period selected by you in the DESWARE Online Registration. Activation of the site by the Licensor will notified to the Licensee by E-Mail.
c) The Licensor may terminate this License Agreement early if the Licensee materially breaches his/her obligation under this License Agreement.
d) In the event of early termination permitted by this License Agreement, the Licensee shall be entitled to a refund pro-rata portion thereof paid by Licensee for any remaining period of the License Agreement from the date of termination. The refund shall be made to the Licensee by the Licensor.

5. FEES AND CHARGES

a) The subscription fees for accessing the DESWARE-Online for the Terms available herein are given in the DESWARE Online Registration Form. The subscription fees are subject to change.
b) The Licensee is responsible for any charges associated with accessing the DESWARE-Online, including but not limited to computer equipment, telephone or Internet connections and access software.

6. MUTUAL OBLIGATIONS

a) The Licensor will make reasonable efforts to ensure uninterrupted online access to and continuous availability of the DESWARE-Online to the Licensee in accordance with this License Agreement, and to restore access to the DESWARE-Online as promptly as possible in the event of an interruption or suspension of the service.
b) The Licensee will fully abide by the Terms and Conditions of Use.

7. DISPUTE RESOLUTION

In the event any dispute or controversy arising out of or relating to this License Agreement, the parties agree to exercise their best efforts to amicably resolve the dispute as soon as possible.

8. GENERAL PROVISIONS

a) The Licensor may assign this License Agreement to their successors, subsidiaries and assigns. The Licensee may not assign or transfer his/her rights or obligations under this License Agreement except with the prior written consent of the Licensor, which consent shall not be unreasonably withheld or delayed.
b) This License Agreement shall be construed and interpreted pursuant to the International Law, the laws of other countries(parties to international copyright treaties) and United Nations Convention on Contracts. Any legal action, suit or proceeding arising out of or relating to this License Agreement or the breach thereof shall be instituted in a court of competent jurisdiction under the International Law, the laws of other countries, and United Nations Convention on Contracts and each party hereby consents and submits to the personal jurisdiction of such court, waives any objection to venue in such court and consents to the service of process by registered or certified mail, return receipt requested, at the last known address of such party.
c) In the event of a material breach of the terms and conditions of this License Agreement by either party, the non-breaching party shall be entitled, in addition to any other remedies available pursuant to this License Agreement or at law, to equitable, including injunctive, relief. This License Agreement constitutes the complete understanding of the parties and supersedes all prior oral and written understandings between the parties with respect to the subject matter of this License Agreement. No modification, amendment or waiver of any provisions shall be valid unless in writing and signed by both parties. Any waiver in one or more instances by either of the parties of any breach by the other of any terms or provisions contained in this License Agreement shall not be considered a waiver of any succeeding or preceding breach.

9. FORCE MAJEURE

Neither party shall be liable in damages or have the right to terminate this License Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond their control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars insurrections and/or any other cause beyond the reasonable control of the party whose performance is effected.

10. AMENDMENTS

a) The Licensor shall have the right to change or discontinue any aspect or feature of DESWARE-Online, including but not limited to content, functionality, hours of availability, and equipment needed for access or use. Such changes, modifications, or additions shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on DESWARE-Online, electronic or conventional mail, or any other by which you obtain actual knowledge.
b) The Licensor reserves the right to modify the terms of this License Agreement immediately by providing notice online to Licensees by electronic or conventional mail. Any use of Licensed Material by the Licensee after such notice shall be deemed to constitute acceptance by the Licensee of such changes, modifications, or additions.
c) The Licensor reserves the right to revise or update DESWARE-Online as and when they deem appropriate.

11. SEVERABILITY

If any provision or provisions of this License Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

12. WAIVER OF CONTRACTUAL RIGHT

Waiver of any provision herein shall not be deemed a waiver of any of other provision herein, nor shall waiver of any breach of this License Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this License Agreement.