University of Western Sydney (“We” “Us” “Our”) owns the database known as the FBTEE database (defined below) and any accompanying literature and documentation (the “Database” or “FBTEE Database” or “STN Database”).
The Database is protected by copyright where applicable, database rights and any other intellectual property rights (“Intellectual Property”) and all such rights, and any moral rights, are asserted by Us.
This Licence governs your use, reproduction and distribution of the Database or any part of it, whether in source code, object code form or any other form and including, without limitation, any software used so to do, and that of any work that is based on or derived from the Database for which the modifications and/or amendments made to the Database represent an original work of authorship when considered as a whole (a “Derivative Work”).
By downloading, installing and/or using the Database or exercising any rights to the Database and/or a Derivative Work provided herein you, being an individual or legal entity, accept and agree to be bound by the terms of this Licence. Where you are accessing the Database or any Derivative Work on behalf of a corporate entity which employs you or which you represent (“Corporate Licensee”), “you” shall include both the individual and any Corporate Licensee.
IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENCE AND/OR DO NOT AGREE TO BE BOUND BY SUCH TERMS, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL, ACCESS OR USE THE DATABASE IN ANY WAY, NOR TO PERMIT ANY THIRD PARTY TO DO ANY OF THE AFOREMENTIONED.
Grant of Rights
1. In consideration of you accepting and agreeing to the terms of this Licence as set out below and subject to any third party Intellectual Property rights, we agree to grant you a non-exclusive, royalty free, revocable, non-transferable, sub-licensable licence to download, install, use, copy the Database and to modify the same to create Derivative Works of the Database in Source Code and/or Object Code form or any other form worldwide for the purpose of academic and research and teaching and evaluation and any other not-for-profit purpose (the “Purpose”) subject to the terms set out in this Licence.
2. For the avoidance of doubt, you shall not be permitted to use, copy or distribute the Database at any time and in any way, including without limitation by way of the creation and/or distribution of Derivative Works, for any commercial purpose or to make any commercial gain without obtaining from us a commercial licence for the Database, for which we shall be entitled to charge a fee. We give no warranties, promises or guarantees in relation to granting you, or any third party, a commercial licence for the Database.
3. All other commercial exploitation of the database is prohibited under the terms of the Arts and Humanities Research Council funding of the French Book Trade in Enlightenment Europe (“FBTEE”) project.
Reproduction and Distribution
4. You may reproduce, distribute and sub-licence the Database and any Derivative Work of the Database (including the maps) in any medium and in Source Code and/or Object Code form provided that:
(a) You at no time remove or obscure (or permit another to remove or obscure) any copyright notice and/or any other proprietary rights notice contained on or in the Database (“Copyright Notice”);
(b) You include on and, where applicable, in any Derivative Work all Copyright Notices, excluding those notices that do not pertain to any part of the Derivative Work;
(c) In the event you in any way modify the Database, in whole or in part, you shall not delete the original Database but may ‘comment’ it out provided you clearly state on all modified files that the relevant file has been modified, when it was modified and by whom;
(d) Prior to granting any third party access to and/or a sub-licence for the Database and/or any Derivative Work, in whole or in part and whether in Source Code or Object Code form or any other form (the “Recipient”), you shall:
(i) provide the Recipient with a written copy (which shall include without limitation electronic and emailed copies) of this Licence; and
(ii) procure the Recipient’s agreement to the terms of this Licence,
and, for the avoidance of doubt, in the event that any Recipient does not or will not accept and agree to be bound by the terms of this Licence, you shall not be entitled to grant such Recipient any access to and/or a sub-licence for the Database or any Derivative Work of it;
(e) Where you provide the Database and/or a Derivative Work in Object Code form, you must inform the Recipient as to how they can obtain such software in Source Code form; and
(f) Notwithstanding any provisions of clause 4 below, you grant as an irrevocable, royalty-free, worldwide licence back to Us in respect of the Derivative Works on the same terms as this Licence.
5. Subject to your compliance with clause 3 above, in the event that you wish to reproduce and/or distribute a Derivative Work, you shall be entitled to add your own copyright statement and/or any additional licence terms to such Derivative Work, provided that such notice and/or licence terms:
(a) are in addition to those of any Copyright Notice and the terms of this Licence;
(b) do not conflict with or contradict any Copyright Notice and/or the terms of this Licence; and
(c) make it clear that any additional licence terms which go beyond the terms of this Licence (“Additional Terms”) are offered by you alone and not by us and you indemnify and shall keep us indemnified in relation to any liability incurred by us as a result of any such Additional Term that you offer.
6. If you propose to publish any work which reports the use of part or all of the Database, any Derivative Work or the code relating to any of them, the following sources written by the following authors should be cited:
(a) That part of the Statistical data included in the Database which has been taken from Robert Darnton, Corpus of Clandestine Literature in France, 1769-1789 (New York: Norton, 1995) is reproduced with the author’s permission on an open-access basis for non-commercial purposes and subject to due acknowledgment. For all other uses of this data, please contact Professor Robert Darnton;
(b) For the Database and its website as a whole, please use the following format: Simon Burrows, Mark Curran, Vincent Hiribarren, Sarah Kattau and Henry Merivale, The French Book Trade in Enlightenment Europe Project, 1769-1794 (http://fbtee.uws.edu.au/stn/, 6 May 2014) (“FBTEE Project”);
(c) To cite the online database content use the following authors and style: Simon Burrows and Mark Curran, The French Book Trade in Enlightenment Europe Database, 1769-1794 (http://fbtee.uws.edu.au/stn/interface/, 6 May 2014);
(d) To cite searches on the online database: Users who wish to cite material from the website in publications should, as with all internet publications, cite the URL (e.g. http://fbtee.uws.edu.au/stn/interface/copyright_quote.php) and the date on which the website was consulted;
(e) For simpler searches: Simon Burrows and Mark Curran, The French Book Trade in Enlightenment Europe Database, 1769-1794 (http://fbtee.uws.edu.au/stn/interface/, 6 May 2014, browse author: Voltaire);
(f) For more complex searches involving multiple restrictions and the options menu, users may prefer to cite the URL rather than the search terms: Simon Burrows and Mark Curran, The French Book Trade in Enlightenment Europe Database, 1769-1794 (http://fbtee.uws.edu.au/stn/interface/rank.php?t=keyword&n=10&e=rawsales&d1=01&m1=01&y1=1775&d2=31&m2=12&y2=1794&g=everywhere&d=table, 6 May 2014);
(g) For the maps use the following authors and style: Simon Burrows and Vincent Hiribarren, The French Book Trade in Enlightenment Europe Database Maps (http://fbtee.uws.edu.au/stn/interface/query_places.php?t=book&e=rawsales&id=spbk0000893&d1=01&m1=01&y1=1769&d2=31&m2=12&y2=1794&g=town&d=map, 6 May 2014);
(h) For subsequent references the following shorter form may be used:
Burrows and Hiribarren, FBTEE Database Maps (http://fbtee.uws.edu.au/stn/interface/query_places.php?t=book&e=rawsales&id=spbk0000893&d1=01&m1=01&y1=1769&d2=31&m2=12&y2=1794&g=town&d=map, 6 May 2014);
(i) For any other visualisation (both those generated by the database or found in the Visualisation Gallery or Website) use the following style and author: Vincent Hiribarren, The French Book Trade in Enlightenment Europe Database Visualisations
(http://fbtee.uws.edu.au/stn/interface/gallery/totalgraph/totalgraph.php, 06 May 2014);
(j) For subsequent references the following shorter form may be used: Hiribarren,The FBTEE Visualisations
(http://fbtee.uws.edu.au/stn/interface/gallery/totalgraph/totalgraph.php, 6 May 2014);
(k) To cite queries made in the downloadable (customisable) edition of the database that cannot be replicated via our online interface, please use the following format:
Simon Burrows and Mark Curran, The French Book Trade in Enlightenment Europe Database, 1769-1794, downloadable edition, [your query or URL goes here];
(l) Subsequent citations might be shortened to: Burrows and Curran, FBTEE database, downloadable edition;
(m) However, if your query involves your own customised data, the format should be as follows: Simon Burrows and Mark Curran, The French Book Trade in Enlightenment Europe Database, 1769-1794, downloadable edition, customised by [your name goes here] version [your version number or date of query goes here], [your query or URL goes here];
(n) If you wish to use statistics from Robert Darnton, Corpus of Clandestine Literature, please refer to paragraph 5(a), above;
(p) NOTE: All other commercial exploitation of the database is prohibited under the terms of the Arts and Humanities Research Council funding of the French Book Trade in Enlightenment Europe project.
7. All queries concerning copyright and intellectual property issues should be addressed in the first instance to Professor Simon Burrows, Principal Investigator, FBTEE Project [e-mail: email@example.com].
8. Screen captures containing images from Google Books must be reproduced under the terms of their licence which may be consulted here.
10. Subject to the terms of this Licence, without our prior written consent you warrant and represent that you shall not:
(a) use any of our trade names, trade marks or similar except for the purpose of reproducing any Copyright Notice;
(b) modify the Database or any Derivative Work in such a way as is likely to result in any infringement claim being brought or threatened in respect of any third party proprietary rights;
(c) rent, lease, sub-licence, share or loan the Database or any Derivative Work, in whole or in part, except for the Purpose;
(d) translate, merge, adapt, vary or modify the Database, except for the Purpose;
(e) make alterations to, or modifications of, the whole or any part of the Database, except for the Purpose;
(f) do or permit the Database or any part of it to be combined with, or become incorporated in, any other programs, except for the Purpose; and
(g) permit any third party to, disassemble, decompile, reverse engineer or create Derivative Works based on the whole, or any part, of the Database nor attempt to do any such things, except for the Purpose.
11. You acknowledge that:
(a) any copyright and any other intellectual property rights existing now and in the future, in the Database belong to us;
(b) that rights in the Database are licensed (not sold) to you; and
(c) that you have no rights in, or to, the Database or our intellectual property, in whole or in part, other than the right to use it in accordance with the terms of this Licence. Nothing said or done by either party shall constitute a transfer of such intellectual property rights.
12. You acknowledge and agree that:
(a) we make no warranties and give no guarantees in relation to the Database or any Derivative Work of it, whether in whole or in part, including but not limited to fitness for purpose; uninterrupted and/or error free use and does not infringe any third party’s intellectual property;
(b) the Database has not been developed to meet your individual requirements and is licensed to you on an ‘as is’ basis;
(c) you are entirely responsible for determining the appropriateness of using, reproducing, distributing and/or dealing in any other way with the Database; and
(d) we shall at no time be under any obligation in any way to provide you (or any Recipient) with maintenance services, updates, revisions and/or any other similar service in relation to the Database
and no use of the Database is authorised by us except under this disclaimer.
13. To the fullest extent permitted by law:
(a) we exclude all warranties, conditions and other terms implied by statute or common law from this Licence;
(b) you acknowledge and agree and shall procure the acknowledgement and agreement of any Recipient that we shall not be liable in any way in relation to the Database, any Derivative Work, and/or in connection with this Licence, including but not limited to for any loss of income; or loss of business profits or contracts; or business interruption; or loss of anticipated savings; or loss of or corruption or damage to information or data; or loss of opportunity, goodwill or reputation; or any indirect or consequential loss or damage of any kind howsoever arising; and
(c) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to AUD$1 (one dollar).
14. We may terminate the Licence at any time with immediate effect upon written notice to you.
15. All rights granted to you under this Licence will automatically terminate if you:
(a) commit a material breach of this Licence which is not capable of remedy;
(b) commit a breach of this Licence which is capable of remedy but which you do not remedy within a 14 days of becoming aware of such non-compliance; or
16. Upon termination of the Licence for any reason at any time:
(a) all rights granted to you under this Licence shall cease;
(b) you agree to cease all activities authorised by this Licence; and
(c) you must immediately delete or remove the Database from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Database then in your possession, custody or control, including all material relating to that Database which has been prepared on your behalf and any copies thereof; and
(d) you must, following the destruction or return to us of the Database, send written confirmation to us that you have done so.
17. You acknowledge that no failure or delay by us in exercising any right, power or privilege under this Licence shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.
18. If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. You may not assign, charge, transfer or otherwise dispose of this Licence, or any of your rights or obligations under it, without our prior written consent. This Licence is fully transferable by us at any time during the duration of the Licence.
20. This Licence represents the entire agreement between the parties and supersedes any prior agreement, understanding or arrangement between you and us. You acknowledge that in entering into the Licence you have not relied on any representation, undertaking or promise given by us, whether express or implied, except as expressly set out in this Licence.
21. This Licence shall be governed by and construed in accordance with the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of the Australian courts.