CROWDER’S BLACK BOOK - SPANISH GLOSSARY ONLINE (CROWDER PUBLICATIONS) LICENSING AGREEMENTCrowder’s Black Book - Spanish Glossary, is a database owned and copyrighted by Crowder Publications (Licensor), and hosted at url crowdersblackbook.com The contents and aspects of the database are explained in the “ABOUT” section of this web site. The terms and conditions under which Crowder Publications (Licensor) grants you (Licensee) the right to access and use the database are described below. If you purchase a license to access or use the database or access the database through a licensee you agree to accept these terms. A licensee is required to accept the terms of license in order to purchase a license by clicking the accept button at the order form of this website.
1. DEFINITIONS OF AGREEMENT
a. For the purposes of this Agreement, the term “Record” indicates the complete machine-computer produced terms, keywords, and phrases contained in the database belonging to Crowder’s Black Book which is designed, maintained. and owned by Crowder Publications.
b. The term “Site” is defined as the business organization which corresponds to the Domain name “Crowdersblackbook” by the Licensee on the website’s order form.
c. Permitted Users are defined: (1) currently enrolled students, employed faculty, researchers, and staff of the Licensee’s site. (2) current employees granted permission by Licensee of private and public entities. (3) individual Licensee holders for only their personal use.
2. GRANT OF RIGHTS
Licensor hereby grants to Licensee nonexclusive right to access and use Crowder’s Black Book for searching and retrieval of Spanish terms, keywords, and phrases for the purpose of research. Licensee also has right to use “Glossary on Demand” through the site belonging to Crowder Publication with the acceptance of those specific conditions described below.
3. LIMITATIONS OF USE OF RECORDS
a. Permitted User may reproduce a single copy of a record retrieved on-line for use within its own organization. A record is defined as any part of the database owned by Crowder Publications.
b. Under no circumstances may a permitted user store any Record or Records electronically for the purpose of resale, redistribution, or performing ongoing searching. No user or Licensee is allowed under any circumstances to copy, reproduce, or rebroadcast the contents of the database in any manner.
c. Licensee shall not provide access to Crowdersblackbook.com or supply any data from Crowdersblackbook.com to an individual who is not a permitted user.
d. Licensee shall not use Crowdersblackbook.com or any part thereof for the development of its own database.
e. Glossary on Demand is a unique and exclusive service of Crowdersblackbook.com which has certain rules and limitations. Crowder Publications reserves the right to determine the rules at anytime. Licensee will be informed of any changes. The service provides those with authorized access through the licensee to submit requests for additions of categories/terms/phrases to the glossary. Licensor will add categories/terms/phrases from such requests to the database in most cases within a reasonable time. Licensor has the right to verify if user of the Licensee’s License to use the database and to what a reasonable time is for inclusion in the database. There is no implied guarantee as to time frame that categories or terms will be entered at licensee’s request.
4. LICENSE FEES
a. Licensee shall pay to Licensor license fees as set forth in Crowdersblackbook.com on screen order form. All payments shall be made by Visa or MasterCard through the website‘s secure credit card processor. Payments may also be made via check for groups or institutions only. Individual licenses may only be purchased with credit cards. Checks for institutional licensees are to be made payable to Crowder Publications, and sent to the contact address below.
b. Licensor may change prices on an annual basis for subscriptions. Unless notified by licensee, licensor will charge licensee on a recurring annual fee with the assigned credit card. However, if changes in prices are to occur the licensee will be notified prior to the end of the licensee’s annual subscription. Licensee if paying via a check is required to make payment prior to annual expiration date.
5, TERM AND TERMINATION
The term of the Agreement shall be for an initial period of one (1) year from the affective date of this agreement. Upon expiration, this Agreement may be renewed upon mutual agreement for additional one-year terms, unless this agreement is sooner terminated (a) by either party without cause upon giving the other party at least sixty (60) days prior written notice of termination, or (b) upon increase in the license fee or upon sixty (days) written notice following the commission of any material breach of this Agreement that remains uncured during the notice period. Both parties understand that failure to pay license fees when due is without limitation, a material breech of this agreement.
6. LIMITED WARRANTIES AND LIABILITIES
a. Representations and Warranties of Licensor. Licensor warrants that Crowder Publications does present only material from open sources which are available to the public. Crowder Publications at it’s choosing may from time to time publish a bibliography of sources.
7. NONASSIGNMENT, BINDING OBLIGATION
Licensee may not assign this agreement to anyone or organization without the prior written consent of Licensor. Licensee of individual accounts may not provide their logon or password to any other party.
8. Governing Law
This agreement and the performance under it between Licensor and Licensee shall be deemed made in and construed in accordance with the laws of the State of Arizona.
9. FORCE MAJEURE
Neither the Licensor and Licensee shall be liable or considered in default under this agreement when the delay of performance is caused by circumstances beyond its reasonable control and occurring without its fault or negligence, including failure of of suppliers, subcontractors, and carriers, acts of civil or military authorities, national emergencies, fire, flood, acts of God, insurrection, and war, provided the party invoking this Article immediately provides notice thereof to the other and does everything reasonably possible to resume its performance hereunder.
10. NOTICES
Any notices or other communications required under this Agreement shall be in writing and sent to the parties at the addresses set forth below.
To Licensee:
Address and contact person provided for on Crowder Publications (Crowdersblackbook.com) on-screen order form.
To Licensor:
Crowder Publications
P.O. Box 62921
Phoenix, AZ 85082-2921
Or
Crowder Publications
crowdpub@mindspring.com