This License Agreement is between the Thesaurus Linguae Graecae, an agency of the University of California acting on behalf of the Regents of the University of California hereinafter called "TLG," and the individual or institutional TLG CD ROM recipient, hereinafter called "LICENSEE," whose name, address, and signature are recorded on the back of this page.
WHEREAS, LICENSEE desires to obtain from TLG, and TLG desires to grant to LICENSEE, a non-exclusive, non-transferable, and revocable License to make permitted use of all TLG materials recorded on the CD ROM, subject to the provision of this agreement, and
WHEREAS, these and other materials were created at substantial cost by the TLG and intended for non-commercial scholarly use by universities and scholars;
NOW, THEREFORE, in consideration of the mutual conditions and terms set forth below, TLG and LICENSEE agree as follows:
I. LICENSE: In consideration of the payment to TLG by LICENSEE of the License fee specified in this agreement, LICENSEE is hereby granted a License to use the TLG materials and to possess the physical CD ROM on which the materials are recorded, for the period of time specified in this agreement. The term of this License shall continue so long as the terms of this License are met.
II. OWNERSHIP AND USE OF TLG MATERIALS: LICENSEE understands that the copyrighted machine-readable materials recorded on the CD ROM have been compiled by the TLG at substantial cost, and that ownership of such copyrighted materials and the physical CD ROM on which they are recorded, shall during the term of this License and thereafter always remain with the TLG and the Regents of the University of California notwithstanding LICENSEE'S right to use of these materials. The CD ROM is to be returned to the TLG upon the occurrence of one or more of the following events:
A. Expiration of the subscription;
B. TLG replacement of a prior CD ROM with an updated version;
C. Upon request of TLG by reason of TLG's good faith belief that the terms of the License have been violated and thereby the License terminated.
III. RETRIEVAL OF TLG MATERIALS: LICENSEE understands that the TLG CD ROM contains optically recorded Greek texts and other materials and does not in and of itself contain retrieval software. Upon request, the TLG will make available the format information necessary to permit LICENSEE to create retrieval software, or software which will retrieve the information from the CD ROM may be available commercially. The user must have a CD ROM drive and retrieval software in order to use the data base, and TLG and the Regents of the University of California are not responsible for providing such equipment or retrieval software, which is the responsibility of the LICENSEE to create or to obtain commercially.
IV. UPGRADES: During the terms of this License and the subscription paid for by LICENSEE, TLG may from time to time provide upgrades, either adding materials or making other enhancements at no additional cost to the LICENSEE.
V. SCOPE OF ACCESS: Institutional CD ROM LICENSEES may provide access to the CD ROM and to the TLG materials recorded thereon to all regular members of the institution as well as to temporary patrons of the institution while such individuals are on the institutional premises.
Individual TLG CD ROM LICENSEES may permit other persons to make occasional incidental use of the CD ROM and the materials recorded thereon under the direct supervision of the LICENSEE. However, a TLG CD ROM licensed to an individual may not be made available for general use by members of an academic department or other similar entity, since in such case the institutional License form is to be signed and a higher payment is to be made.
The LICENSEE is entitled to non-exclusive use of the TLG materials recorded on the CD ROM and the CD ROM itself subject to the following limitations, and the rights of the LICENSEE are only those set forth, TLG and the Regents of the University of California reserving to themselves all other rights of every kind:
A. "Permitted use" shall include all processing, investigation, and analysis of TLG materials on the CD ROM, provided such processing is not undertaken for purposes of producing a commercially published document which includes extensive portions of the licensed materials or which reproduces all or part of the licensed materials in a form differing from the original form primarily as a result of mechanical, electronic, or other similar manipulation. Examples of permitted uses are the following: searches for words and phrases; statistical analysis; the production of indices and concordances when such indices and concordances are intended for use as intermediate tools by the scholar or scholarly team engaged in research into the data and are not intended for wider distribution; and all other text processing and text manipulation activities which are clearly identifiable as scholarly research. Examples of uses which are not permitted are the publication of a Greek text from materials supplied by TLG if such text does not reflect the addition of significant value by the editor, or the production of scholarly tools which consist primarily of a mechanical, electronic, or other similar rearrangement of text and are intended for commercial publication and distribution.
B. Uses which are not permitted under the terms of this license may be permitted under a separate licensing agreement which may be negotiated between TLG and LICENSEE desirous of making this additional extraordinary use of TLG machine-readable materials.
C. LICENSEE shall not be permitted to "download" (i.e., transfer, by electronic or other means, to other data storage media or similar devices) any portion of the TLG materials recorded on the CD ROM for purposes other than those which are incidental to LICENSEE'S temporary research activities. Neither individual nor institutional LICENSEES are permitted to employ TLG CD ROMs within an environment providing multiple users with access to a single CD ROM via mechanical, electronic, or other similar means (e.g., file-servers, networks, etc.). Such multiple access may, however, be negotiated with the TLG under the terms of a separate License Agreement.
D. In any event, all prohibitions and restrictions upon the use of licensed materials enunciated in this agreement apply equally to reformatted versions of the licensed texts whose data format has been modified to permit easy use and analysis on other data processing systems, and such restrictions and prohibitions apply to the licensed materials whether they be stored on disk, tape, card, punched paper tape, or any other medium of data storage and data manipulation whatsoever.
E. LICENSEE shall in no case transfer copies of licensed TLG texts or other materials to another party without the prior written permission of TLG. LICENSEES are not permitted to transfer TLG CD ROMs to third parties.
F. LICENSEE shall not be restricted from publishing the results of scholarly investigation and analysis of licensed materials. In any publication arising from the use of materials provided under the terms of this agreement, LICENSEE shall acknowledge the Thesaurus Linguae Graecae as the source of the material which assisted LICENSEE'S investigations and shall indicate that such material is copyrighted by TLG and the Regents of the University of California.
VI. WARRANTY AND OTHER RESPONSIBILITIES:
A. TLG has made all reasonable efforts to obtain from copyright holders of printed text converted into machine readable form, and incorporated in the TLG data bank, pertinent consent and permission and thus believes that fair and permitted use of the TLG data bank will not constitute an infringement upon the copyright of any third party. However, due to the complex nature of the materials, their source, and the uncertainties in the copyright law about data banks, TLG makes no warranty whatsoever of title or right to use this data bank other than the foregoing statement. In the event that a claim should be filed for copyright infringement against LICENSEE, LICENSEE shall notify TLG promptly and TLG will use its best efforts to obtain the permission for continued use of the materials, but failing that, the License will be terminated and any unearned subscription or License fee shall be prorated and refunded to the LICENSEE. In no case whatsoever will TLG be liable for claims exceeding the cost of the unearned subscription. Nor will TLG be liable in any manner whatsoever for any damages arising from the use or inability to use TLG materials by LICENSEE.
B. Further, TLG makes no warranty whatsoever as to the quality or usability of the materials other than the fact that it has used its best efforts to prepare the materials in a standard usable format which, by use of the format information available from TLG, should be accessible on any computer with appropriate retrieval software. LICENSEE accepts this License with the understanding that due to the extremely low cost of the subscription and License fee versus the initial cost of preparing the materials, there is no warranty of any kind except as expressly set forth in this paragraph, and LICENSEE accepts the materials on that basis.
C. Finally, TLG objects beforehand to any additional, inconsistent, or contradictory terms or conditions in documents (such as purchase orders) supplied by the LICENSEE subsequent to this agreement.