"I ACCEPT THE TERMS" OPTION BELOW YOU AGREE TO THE TERMS AND
CONDITIONS SET HEREIN, WHICH ARE ENFORCEABLE AS ANY WRITTEN AGREEMENT SIGNED BY
YOU AND EX LIBRIS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, SELECT THE
"I DO NOT ACCEPT THE TERMS" OPTION BELOW.
Re: bX™ Hot Articles Terms of Service
Thank you for choosing to register for the ExLibris bX™ Hot Articles Service, providing article recommendations
from aggregated usage data (the "Service").
The Service is a log-driven tool to support users in the discovery process,
identifying articles of potential interest to researchers and users and is
offered under the following terms and conditions. Ex Libris reserves the right
to update the term of service at any time by email notification or by posting
the new terms of service on http://www.exlibrisgroup.com/category/bXHotArticles.
1. Right to use the Service. Ex Libris hereby grants you, and you hereby
accept, free of charge, non-exclusive, non-transferable, revocable right to use
the Service solely for non-commercial purposes.
2. Use of the Service. You acknowledge and undertake to plug or enable the Service in a
website or application that is for non-commercial use only. You may not,
nor will you allow any end user to copy, market, rent, lease, sell, re-sell, transfer, assign,
distribute, or sublicense any portion of the Service to any third parties. You
may not incorporate or enable others to incorporate the Service, or any portion
thereof, into any third party application, product or service, whether commercial
or open source, that perform substantially the same functions as Ex Libris'
products and services, without Ex Libris prior written consent. You further
agree to take reasonable actions to prevent any end user or third party that
use the Service through services delivered by your organization from: (i)
violating or abusing the password protections governing access to and use of
the Service; (ii) using any robot, spider, scraper, or other automated means to
access the Service for any purpose; (iii) introduce viruses or any other
computer code, files, or programs designed to interrupt, destroy, or limit the
functionality of the Service; (iv) take any action that imposes or may impose
(at Ex Libris' sole discretion) an unreasonable or disproportionately large
load on Ex Libris infrastructure; and/or (v) interfere or attempt to interfere
with the proper working of the Service, or any related activities.
Ex Libris may request that you provide information on how the Service is being
implemented and used and you undertake to use best efforts to reply to Ex
Libris' request within a reasonable timeframe. You also undertake to enable the
Service under the "Hot Article" name and include the term "Powered by ExLibris bX™" where it is visible to
end users who are using the Service. If you are not sure about the applicability of these terms of
service to the manner in which you use the Service, or you would like to
receive a license to use the Service in a way that is not in-line with these terms
of service, please contact Ex Libris at firstname.lastname@example.org
3. Intellectual Property Rights.
Except to the extent of the rights granted herein to use and/or contribute to
the Service, as applicable, Ex Libris reserves all ownership rights, including
but not limited to, all intellectual property rights, in and to the Service and
any accompanying documentation.
4. Disclaimer of Warranties. YOU
UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS"
BASIS. NO WARRANTIES OR REPRESENTATIONS FOR THE SERVICE ARE PROVIDED WHETHER
WRITTEN OR ORAL, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, ALL OF WHICH EX LIBRIS EXPRESSLY DISCLAIMS.
5. Limitation of Liability. You
understand and agree that Ex Libris shall not incur any contractual liability
for direct, indirect, incidental, special,
punitive or consequential damages resulting from the furnishing, performance or
use of the Service or any components thereof by you or by your agents or
patrons, including but not limited to reliance, cover or loss of anticipated
profits or convenience, even if Ex Libris has been advised of the possibility
of such damages. Ex Libris does not assume any liability in respect of rightful
access to and/or violation of copyright, privacy, database rights or trademark
protection of any data or information resources stored with the Service. Nor
does Ex Libris assume any liability for any malfunction due to bugs or errors
in the Service or resulting from information provided by Ex Libris through the
6. Termination and Suspension of Use. Ex Libris, at its sole discretion,
may terminate the Service and the rights granted hereunder, or suspend the use
of the Service at any time without prior notice. Ex Libris, at its sole
discretion, may deny the provision of the Service to specific institution or
7 General Legal Terms. These terms
of service shall be governed by the laws of the State of New York without
regard to its conflict of law provisions.If
any provision of these terms of service is held to be unenforceable, these terms
of service shall be construed without such provision. The failure by Ex Libris
to exercise any right hereunder shall not operate as a waiver of such right to
exercise such right or any other right in the future.