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TERMS & CONDITIONS


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Terms and Conditions of Use

  1. DEFINITIONS

    “Agreement” means the Front Sheet, Schedule and the General Terms and Conditions of Use (which may be updated from time to time) as supplied by Collins to the User at the beginning of the Subscription Period.

    “Collins” means HarperCollins Publishers whose registered office is at Westerhill Road, Bishopbriggs, Glasgow G64 2QT, and shall include Collins’ assigns, assignees and successors in business.

    “Data” means any data including text, information and statistics contained in the Services.

    “Renewal Notice” means the notice Collins will send to the User to renew the Agreement at least 30 days prior to the end of the term.

    “Services” means the on-line database and associated files of Data and search and retrieval software marketed as Collins WordbanksOnline.

    “Subscription Charges” means the charge for subscription to the Services which may be varied from time to time.

    “Subscription Period” means the period of time commencing on the date of the Agreement and terminating on the date set forth in the Schedule.

    “Text Providers” means the several producers of the Data.

    “User” shall mean the person(s) licensed to use the Services in accordance with Clause 2 below.

    “User ID” means the User name and password pair or pairs allocated by Collins to the User which give access to the Services.

    In the event of any conflict between the General Terms and Conditions of Use and the chedule, the Schedule shall prevail.

     

  2. COPYRIGHT AND USERS RIGHTS

    1. The databases comprising the Services and all Data are and shall remain the copyright of Collins and/or the Text Providers.
    2. The User may use Data for the non-commercial research purposes only of the User. The User may publish reasonable extracts from the Data in non-commercial research publications but shall not use the Data for any commercial or other purposes or sell, publish, reproduce, or otherwise make the Data available in any manner or on any media to any third party for any purpose (including storing it in any medium by electronic means), unless the User has obtained Collins' prior written approval. Any breach of this clause will entitle Collins to immediately terminate this Agreement.
    3. The User will acknowledge Collins in all research publications which include Data retrieved or derived from the Services.

     

  3. USE OF USER IDS

    1. Collins warrants that the User ID(s) are unique to the User and will not be issued to any other person while this Agreement remains in force.
    2. The User will maintain a record of the names and contact addresses of all persons to whom User ID(s) and associated passwords are disclosed ("the Other Users"). In the case of a User which is a company, the Other Users can only be directors or employees of such User. In the case of a User which is an educational establishment, the Other Users can only be staff or students of such User. The User agrees to supply these names and addresses to Collins on demand.
    3. >
    4. The User may apply to Collins for allocation of additional User IDs without charge. The allocation of additional User ID(s) shall be at the sole discretion of Collins. No refunds of the Subscription Charges will be given if User IDs are not used.
    5. The User warrants that it will ensure that each and every Other User will abide by the terms of, and not breach, this Agreement. The User will be liable for any such breach. The User will be liable for unauthorised use of its User IDs howsoever arising (including use of stolen User IDs), and Collins accepts no responsibility for any misuse.

     

  4. DOWNLOADING AND CONNECT TIME

    Results generated by the search and retrieval software may be saved in a file and saved files can be e-mailed automatically to an address specified by the User. Each User may have one e-mail address as the destination for saved files. Users may also use the file transfer protocol (FTP) function provided within the Services to download saved data from Collins’ server to a local computer system.

    Downloading of raw corpus text is not permitted under any circumstances.

    Collins will not refund to the user any of the Subscription Charges if the User does not use connect time in any Subscription Period. Unused connect time will not be carried forward and credited to subsequent Subscriptions Periods.

     

  5. AVAILABILITY AND ACCURACY OF INFORMATION

    1. Collins reserves the right at any time to change the content, amount, presentation, User facilities or availability of any part of the Services and make changes in the software used to make the Services available at its sole discretion and without notice to the User. No such change shall entitle the User to any refund of the Subscription Charges provided that if the amount of information available through the Services is reduced by more than twenty (20) Megabytes Collins’ sole obligation to the User shall be to refund Subscription Charges paid in advance pro rata according to the extent of the reduction.
    2. Collins makes no representation and gives no warranty express or implied with regard to the Data or any part of the databases comprising the Services including but not limited to the fitness of the Data or the databases for any purpose whatsoever, the quality, accuracy, completeness or correctness of the Data, whether the Data is cleared for inclusion in the Services or for use or publication by the User or whether the Data is obscene or defamatory. The User acknowledges that due to the extremely large amount of Data in the Services, it is technically impracticable to provide the Services free of faults or defects and Collins does not undertake to do so. The User accepts that the Services are provided on an "as is" basis.
    3. The User is responsible for accessing the Services, including providing all the equipment needed to access the Services and paying any Internet or other access charges. Collins gives no guarantee that the Services will be available to the User at any particular time. Collins will not be liable for any such non-availability. The User acknowledges that Collins has no control over the User's access to the Services including the User's computer terminal, any satellite or telecommunications facilities and the Internet over which the Services are carried and that Collins has no liability in relation to such facilities or the failure thereof.
    4. Phone or e-mail assistance provided by Collins to the User is provided entirely at Collins’ discretion. It may not be available at all times and the facility may be withdrawn. Collins does not warrant and shall have no liability for any advice given by such service.

     

  6. LIMITATION OF LIABILITY
    1. The User agrees and acknowledges:
      that it is in a better position than Collins to foresee and evaluate any potential damage or loss it may suffer in connection with the Services provided to it under this Agreement and its use thereof; that Collins cannot adequately insure its liability to the User; and that the charges payable under this Agreement have been calculated on the basis that Collins shall exclude or limit liability as set out in this clause. The User warrants that it will insure against, or bear itself, any loss for which Collins has excluded liability.
    2. This Agreement contains express warranties, undertakings and obligations of Collins. All other conditions, warranties, terms, undertakings and obligations of Collins whether implied by statute, common law, custom, trade usage or otherwise and all duties of care, contractual or otherwise, and all liabilities (if any) of Collins arising therefrom are hereby wholly excluded.
    3. Except as otherwise expressly provided herein, Collins shall not be liable for any loss or damage (including consequential or indirect loss or damage which shall include but which shall not be limited to loss of property, reputation or of profit, business revenue or anticipated savings and loss of or damage to data) or for any costs, claims or demands of any nature whether asserted against Collins or against the User by any party arising directly or indirectly out of the use of, access to or withdrawal of the Services the databases comprising the Services or the Data.
    4. Collins’ liability shall be limited to direct loss suffered by the User where such loss arises solely from Collins’ negligent acts or omissions of its employees in the provision of the Services provided that (save in the event of death or personal injury resulting therefrom) Collins’ total liability shall not if any event exceed in respect of any one event or a series of two or more connected events an amount equal to the Subscription Charges exclusive of VAT payable hereunder by the User at the date the claim arises.
    5. Each provision of this condition excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Agreement howsoever occasioned.

     

  7. EXCUSABLE EVENTS

    Collins shall not be liable to the User for any breach of this Agreement or failure to provide any of the Services due to any cause beyond its reasonable control including, without limitation, any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, the act or omission of Government, highways authorities, public telecommunication operators or other competent authority, failure of any satellite or telecommunications facilities over which the Services are carried, failure of the Internet, war, military operations, or riot, difficulty, delay or failure in production or supply by third parties. If any such event continues for ninety consecutive days, either party shall be entitled to terminate this Agreement. The User will then be entitled to a refund of a pro rata portion of the annual Subscription Charges.

     

  8. PAYMENT TERMS

    1. The Subscription Charges are payable in advance of access to the Services and shall be subject to change by Collins at the time of any renewal of this Agreement. All Subscription Charges expressed are exclusive of any taxes which are or may be applicable.
    2. All invoices shall be payable within thirty (30) days. Once payment has been received by Collins in cleared funds the User IDs will be activated.

     

  9. TERM AND TERMINATION

    1. Unless terminated, as set out below, the term of this Agreement will be the Subscription Period commencing on the date of this Agreement. The Agreement can be renewed by the User returning the Renewal Notice with the appropriate Subscription Charge to Collins. Collins will send the User the current price list and General Terms and Conditions of Use with the Renewal Notice and these will apply to any renewal. The User will also be notified at this time of other changes to the Agreement.
    2. If the User is in breach of any of the terms of this Agreement and in the case of a breach capable of remedy (which shall not include any breach of clauses 2(b) or 3(d)) having been notified of any such breach has failed to remedy the same within 14 days to the satisfaction of Collins, Collins may forthwith terminate this Agreement without compensation to the User and without prejudice to its rights in respect of such breach.
    3. Collins may terminate this Agreement at any time. Collins’ only obligation in this event shall be the refund of a pro rata portion of the Subscription Charges.

     

  10. ASSIGNMENT

    This Agreement is personal to the User and neither the benefit of this Agreement nor any rights of access to any of the Services nor any right to use the Data may be assigned, licensed or otherwise transferred without the prior written consent of Collins.

     

  11. NOTICES

    Any notice, consent, approval or other communication required to be given hereunder shall be made in writing in English and shall be delivered by hand or sent by first class post to the other party and shall be deemed to have been received (if delivered by hand) at the time of delivery, or (if sent by post) 48 hours after posting. Any such communication made by Collins shall be sent to the address of the User shown in this Agreement and any such communication made by the User shall be sent to The Manager, Collins WordbanksOnline, Westmere, 50 Edgbaston Park Road, Birmingham B15 2RX, United Kingdom or such other addresses which may have been notified under this clause.

     

  12. GENERAL

    1. This Agreement may only be amended by Collins in writing.
    2. This Agreement shall be governed by English law. All disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts and the parties hereby irrevocably submit to this jurisdiction.
    3. If any term of this Agreement is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The provision in question shall be replaced by a valid and enforceable term which corresponds, so far as possible, with the original.
    4. Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
    5. The User hereby acknowledges and agrees that it has not entered into this Agreement in reliance upon any oral or written warranty or representation made by Collins and not contained in this Agreement and that this Agreement contains the entire understanding of the parties governing the provision of the Services. This Agreement replaces all terms and conditions previously applicable to the provision of the Services.

     

  13. THIRD PARTY

    Nothing in this Agreement is intended to confer on any third party any benefit or right to enforce any term contained in this Agreement.


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