Psychology: IUPsyS Global Resource

User Licence Agreement

We welcome you as a user of the Psychology: IUPsyS Global Resource CD-ROM and hope that you find it a useful and valuable tool.

Please read this document carefully. This is a legal agreement between you (hereinafter referred to as the "Licensee") and Psychology Press (the "Publisher") which defines the terms under which you may use the Product. If you do not agree to these terms you must return the Product to your supplier.

Of course, if you have any queries about the terms of this licence or require information about other network licensing options and terms, please contact us at Psychology Press. (Contact details are given at the end of this Agreement.)

1. Definition of the Product

The product which is the subject of this Agreement is a CD-ROM entitled "Psychology: IUPsyS Global Resource (Edition 2008) edited by Danny Wedding and Michael J. Stevens" (hereinafter the "Product"). The Product consists of:

• 1.1 Underlying data comprised in the product (hereinafter the "Data")
• 1.2 A compilation of the Data (hereinafter the "Database")
• 1.3 Software (hereinafter the "Software") for accessing and using the Database
• 1.4 A CD-ROM disk (hereinafter the "CD-ROM")

with the exception of

• 1.5 The Public Policy Briefings, organized by the Federation of Behavioral, Psychological and Cognitive Sciences (FBPCS), which have no copyright, and whose use is positively encouraged by the FBPCS
• 1.6 The Book Reviews, which appeared in the online journal PsycCRITIQUES: Contemporary Psychology—APA Review of Books and which are owned by the American Psychological Association and reproduced on the Product with permission
• 1.7 The Fogarty International Center’s Directory of Grants and Fellowships in the Global Health Sciences, which is considered in the public domain
• 1.8 The Human Capital Initiative, which was originally published in the APS Observer and is reproduced with permission

2. Commencement and Licence

• 2.1 This Agreement commences upon the breaking open of the package containing the CD-ROM by the Licensee (the "Commencement Date").
• 2.2 This is a licence agreement (the "Agreement") for the use of the Product by the Licensee, and not an agreement for sale.
• 2.3 The Publisher licenses the Licensee on a non-exclusive and non-transferable basis to use the Product on condition that the Licensee complies with this Agreement. The Licensee acknowledges that it is only permitted to use the Product in accordance with this Agreement.

3. Use

• 3.1 The licensee may use the Product provided:
  • 3.1.1. that they comply with the terms specified in clauses 3.2 and 3.3 of this agreement
• 3.2 The licensee may provide access to the Product for individual use in the following manner: The Licensee may use the Product on stand-alone machines or on a secure password protected local area network on a single site for use by up to and including one hundred concurrent users. For more than one hundred users, use is only permissible with the express permission of the Publisher in writing.
• 3.3 The Licensee shall be responsible for using the Product and for the effectiveness of such use.

4. Permitted Activities

• 4.1 The Licensee shall be entitled:
  • 4.1.1 to use the Product for its own internal purposes;
  • 4.1.2 to download onto electronic, magnetic, optical or similar storage medium reasonable portions of the Database provided that the purpose of the Licensee is to undertake internal research or study and provided that such storage is temporary;
  • 4.1.3 to make a copy of the Database and/or the Software for back-up/archival/disaster recovery purposes.
• 4.2 The Licensee acknowledges that its rights to use the Product are strictly as set out in this Agreement, and all other uses (whether expressly mentioned in Clause 5 below or not) are prohibited.

5. Prohibited Activities

The following are prohibited without the express permission of the Publisher:

• 5.1 The commercial exploitation of any part of the Product.
• 5.2 The rental, loan (free or for money or money's worth) or hire purchase of the product, save with the express consent of the Publisher.
• 5.3 Any activity that raises the reasonable prospect of impeding the Publisher's ability or opportunities to market the Product.
• 5.4 Any provision of services to third parties using the Product, whether by way of trade or otherwise.
• 5.5 Any networking, physical or electronic distribution or dissemination of the product save as expressly permitted by this Agreement.
• 5.6 Any reverse engineering, decompilation, disassembly or other alteration of the Software save in accordance with applicable national laws.
• 5.7 The right to create any derivative product or service from the Product save as expressly provided for in this Agreement.
• 5.8 The use of the Software separately from the Database.
• 5.9 Any alteration, amendment, modification or deletion from the Product, whether for the purposes of error correction or otherwise.
• 5.10 The merging of the Database or the Software with any other database or software.
• 5.11 Any testing, study, or analysis of the Software save to study its underlying ideas and principles.

6. General Responsibilities of the Licensee

• 6.1 The Licensee will take all reasonable steps to ensure that the Product is used in accordance with the terms and conditions of this Agreement.
• 6.2 The Licensee acknowledges that damages may not be a sufficient remedy for the Publisher in the event of breach of this Agreement by the Licensee, and that an injunction may be appropriate.
• 6.3 The Licensee undertakes to keep the Product safe and to use its best endeavours to ensure that the product does not fall into the hands of third parties, whether as a result of theft or otherwise.
• 6.4 Where information of a confidential nature relating to the product or the business affairs of the Publisher comes into the possession of the Licensee pursuant to this Agreement (or otherwise), the Licensee agrees to use such information solely for the purposes of this Agreement, and under no circumstances to disclose any element of the information to any third party save strictly as permitted under this Agreement. For the avoidance of doubt, the Licensee's obligations under this sub-clause 6.4 shall survive termination of this Agreement.

7. Warrant and Liability

• 7.1 The Publisher warrants that it has the authority to enter into this Agreement, and that it has secured all rights and permissions necessary to enable the Licensee to use the Product in accordance with this Agreement.
• 7.2 The Publisher and the Licensee acknowledge that the Publisher supplies the Product on an "as is" basis. The Publisher gives no warranties:
  • 7.2.1 that the Product satisfies the individual requirements of the Licensee; or
  • 7.2.2 that the product is otherwise fit for the Licensee's purpose; or
  • 7.2.3 that the Data is accurate or complete or free of errors or omissions; or
  • 7.2.4 that the product is compatible with the Licensee's hardware equipment and software operating environment.
• 7.3 The Publisher hereby disclaims all warranties and conditions, express or implied, which are not stated above.
• 7.4 Nothing in this Clause 7 limits the Publisher's liability to the Licensee in the event of death or personal injury resulting from the Publisher's negligence.
• 7.5 The Publisher hereby excludes liability for loss of revenue, reputation, business, profits, or for indirect or consequential losses, irrespective of whether the Publisher was advised by the Licensee of the potential of such losses.
• 7.6 The Licensee acknowledges the merit of independently verifying Data prior to taking any decisions of material significance (commercial or otherwise) based on such data. It is agreed that the Publisher shall not be liable for any losses that result from the Licensee placing reliance on the Data or on the database, under any circumstances.

8. Intellectual Property Rights

• 8.1 Nothing in this Agreement affects the ownership of copyright or other intellectual property rights in the Data, the Database, or the Software.
• 8.2 The Licensee agrees to display the Publisher's copyright notice in the manner described in the Product.
• 8.3 The Licensee hereby agrees to abide by copyright and similar notice requirements required by the Publisher, details of which are as follows:
  
  

  © 2008 Psychology Press and the International Union of Psychological Science (IUPsyS). All Rights Reserved. All materials in the CD-ROM entitled "Psychology: IUPsyS Global Resource (Edition 2008)" are copyright protected, except the materials stipulated in sub-clauses 1.5 and 1.6 above. No such materials may be used, displayed, modified, adapted, distributed, transmitted, transferred, published or otherwise reproduced in any form or by any means now or hereafter developed other than strictly in accordance with the terms of the licence agreement contained in the CD-ROM. However, text may be printed and copied for research and private use within the preset program limitations. Please note the copyright notice above, and that any text or images printed or copied must credit the source.
  

• 8.4 This Product contains material proprietary to and copyrighted by the Publisher and others. Except for the licence granted herein, all rights, title and interest in the Product, in all languages, formats and media throughout the world, including all copyrights therein, are and remain the property of the Publisher or other copyright owners identified in the Product.

9. Non-assignment

This Agreement and the licence contained within it may not be assigned to any other person or entity without the written consent of the Publisher.

10. Termination and Consequences of Termination

• 10.1 The Publisher shall have the right to terminate this Agreement if:
  • 10.1.1 the Licensee is in material breach of this Agreement and fails to remedy such breach (where capable of remedy) within 14 days of a written notice from the Publisher requiring it to do so; or
  • 10.1.2 the Licensee becomes insolvent, becomes subject to receivership, liquidation or similar external administration; or
  • 10.1.3 the Licensee ceases to operate in business.
• 10.2 The Licensee shall have the right to terminate this Agreement for any reason upon two months' written notice. The Licensee shall not be entitled to any refund for payments made under this Agreement prior to termination under this sub-clause 10.2.
• 10.3 Termination by either of the parties is without prejudice to any other rights or remedies under the general law to which they may be entitled, or which survive such termination (including rights of the Publisher under sub-clause 6.4 above).
• 10.4 Upon termination of this Agreement, or expiry of its terms, the Licensee must:
  • 10.4.1 destroy all back up copies of the product; and
  • 10.4.2 return the Product to the Publisher.

11. General

• 11.1 Compliance with export provisions: The Publisher hereby agrees to comply fully with all relevant export laws and regulations of the United Kingdom to ensure that the Product is not exported, directly or indirectly, in violation of English law.
• 11.2 Force majeure: The parties accept no responsibility for breaches of this Agreement occurring as a result of circumstances beyond their control.
• 11.3 No waiver: Any failure or delay by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of such right.
• 11.4 Entire agreement: This Agreement represents the entire agreement between the Publisher and the Licensee concerning the Product. The terms of this Agreement supersede all prior purchase orders, written terms and conditions, written or verbal representations, advertising or statements relating in any way to the Product.
• 11.5 Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of law of competent jurisdiction, such a finding shall not affect the other provisions of this Agreement and all provisions of this Agreement unaffected by such a finding shall remain in full force and effect.
• 11.6 Variations: This Agreement may only be varied in writing by means of variation signed in writing by both parties.
• 11.7 Notices: All notices to be delivered to: Psychology Press at the address below.
• 11.8 Governing law: This Agreement is governed by English law and the parties hereby agree that any dispute arising under this Agreement shall be subject to the jurisdiction of the English courts.

If you have any queries about the terms of this licence, please contact:

Psychology Press
27 Church Road
Hove
BN3 2FA, UK

Tel: (+44) (0)20 7017 6000
Web: www.psypress.com
E-mail: iupsys-update@psypress.co.uk

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