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.
The following terms shall be deemed to have the meaning as stated
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
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
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
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.
- 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.
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.