Student Resources Terms and Conditions
We welcome you as a user of the Psychology: An International Perspective-Student Resources website http://www.psypress.co.uk/pip/resources/ and hope that you find it a useful and valuable tool. Please read this document carefully. This is a legal agreement between you and Psychology Press Ltd (the "Publisher") that defines the terms under which you may use the website. If you do not agree to these terms you must not use the Product. Of course, if you have any queries about the terms of this licence, 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 the website entitled Psychology: An International Perspective-Student Resources, which comprises the Student Learning Program (SLP) and Supplementary Chapters, produced and owned by Psychology Press (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
2. Commencement and Licence
2.1 This Agreement commences upon logging on to the website (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 that they comply with the terms specified in clauses 3.2, and 3.3 of this Agreement.
3.2 The Licensee is entitled to provide access to the Product to students for individual study within their institution provided that:
- The textbook Psychology: An International Perspective by Michael W. Eysenck (herein after the "Textbook") is recommended to students within that institutions as the course text, or
- Psychology Press has granted a free trial to all or part of the Product.
3.3 It is at the sole discretion of Psychology Press to grant an institution access to the Product. The Product is free of charge but Psychology Press reserves the right to introduce a subscription fee in the future.
4. Permitted Activities
4.1 The Licensee, subject to clauses 3.2 and 3.3 above, 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 Product provided that the purpose is to undertake internal research or study and provided that such storage is temporary.
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 Any activity that raises the reasonable prospect of impeding the Publisher's ability or opportunities to market the Resources.
5.3 Any provision of services to third parties using the Product, whether by way of trade or otherwise.
5.4 Any networking, physical or electronic distribution or dissemination of the product save as expressly permitted by this Agreement.
5.5 Any reverse engineering, decompilation, disassembly or other alteration of the Software save in accordance with applicable national laws.
5.6 The right to create any derivative product or service from the Product save as expressly provided for in this Agreement.
5.7 The merging of the Product or the Software with any other database or software.
5.8 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.
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. Warranty 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 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 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.
7.5 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: "© 2004 Psychology Press. All Rights Reserved. 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 website. However, text may be printed and copied for research and private study 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.
If you have any queries about the terms of this licence, please contact:
Psychology Press Ltd27 Church Road
Hove
East Sussex BN3 2FA
United Kingdom
Email address: julie.norton@psypress.co.uk
Telephone: (0) 20 7017 7747