"Authorized Sites” means those geographic locations authorized by EP.
"Authorized Users” means the Licensee and those individuals authorized by Licensee to access the Licensed Materials through Licensee’s Secured Network.
"Effective Date” means the commencement date of the Subscription Term as set forth in EP’s invoice.
"Licensee” means the entity identified on the signature page of EP’s invoice.
"Licensed Materials” means the database, and any content therein, viewed as an electronic version on the EP platform.
"License Fee” means the fee specified for the applicable Subscription Term as set forth in EP’s Quote (for the initial Subscription Term), or in EP’s invoice or renewal notice (for any renewal Subscription Term).
"Licensee’s Secured Network” means a network maintained or controlled by Licensee that is accessible only to Authorized Users who are (i) at the Authorized Sites; and/or (ii) whose identity is authenticated by Licensee at the time of login.
Permitted Uses. Authorized Users shall access and use the Licensed Materials in compliance with all applicable laws. Permitted uses include the right to search, view, and display the Licensed Materials; print and download individual pieces of legislation and regulations; and distribute electronic or print copies of individual pieces of legislation and regulations. All other access to or use of the Licensed Materials is strictly prohibited including (i) any distribution or transmission of any or all of the Licensed Materials on any public bulletin boards, web sites, or internet chat rooms, and (ii) the creation of a database or compilation containing any or all of the Licensed Materials or otherwise storing any of the Licensed Materials in any retrieval system. Except as permitted herein or by U.S. fair use law, EP’s prior written permission is required for all other copying, reproduction, or republication of the Licensed Materials. Permission requests shall be directed to EP’s Permissions Department.
Academic Institutions. If Licensee is an academic institution, it may (a) supply single copies of articles from the Licensed Materials to a noncommercial library located in the same country as Licensee by mail, fax or secure electronic transmission in accordance with Section 108 of the United States Copyright Act and with guidelines developed by the National Commission of New Technological Uses of Copyrighted Works (CONTU); and (b) incorporate individual articles from the Licensed Materials into electronic course packs, so long as Licensee deletes the Licensed Materials from electronic course packs at the end of the academic semester in which they were used.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) THE LICENSED MATERIALS ARE PROVIDED "AS IS” ON AN "AS AVAILABLE BASIS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND (B) EP’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT OF THE MOST RECENT ANNUAL LICENSE FEE PAID BY LICENSEE. IN NO EVENT SHALL EP, ITS EMPLOYEES, MEMBERS, TRUSTEES, AGENTS, SUPPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DEPGES OF ANY KIND OR ANY DEPGES RESULTING FROM THE INABILITY TO USE, OR THE USE OF, THE LICENSED MATERIALS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DEPGES, OR ON ANY THEORY OF LIABILITY.
EP may modify, discontinue or otherwise remove any portion or other materials from the Licensed Materials. In the event EP makes a material change in the Licensed Materials, Licensee may terminate access to and use of the Licensed Materials and, upon prompt written notice to EP of such termination, receive a refund of the License Fee for the unexpired portion of the Subscription Term.
Any notice which must or may be given hereunder shall be in writing, in English, and shall be deemed delivered when personally delivered, delivered by an overnight express courier service, delivered by confirmed facsimile transmission followed by a hard copy or placed in the United State Mail certified mail, return receipt requested, and properly addressed as follows:
If to EP, notices shall be sent to Evidentia Publishing, Attn: CEO, Ericaweg 2, 1272 CT, Huizen, The Netherlands
If to Licensee, notices shall be sent to attention of the person and at the address specified in EP’s invoice.