Terms and Conditions for the Use of ITU iLibrary
As of 26 June 2017
These Terms and Conditions are between the Customer and the Publisher for accessing the Content via the Service, developed and managed by the Publisher’s iLibrary Partner, OECD.
Definitions
“Authorised Users”
a) For Academic and Not-For-Profit Organisations - those members of faculty or staff, either permanent, temporary, contract, visiting or retired, or students, or alumni or other persons permitted to use the institution's library services.
b) For all other Organisations - those current members of the staff, whether on a permanent, temporary or contract basis.
“Customer” - you and/or your organisation and its Authorised Users
“Content” – subscribed titles and material accessible via the Service
“Publisher” – the International Telecommunication Union (ITU)
“Service” – ITU iLibrary
1. Grant of Access
In consideration of the requisite Subscription Fee and agreement to abide by these Terms and Conditions, the Publisher grants the Customer is granted a non-exclusive, non-sublicenseable and non-transferable right to access the Service and display the Content on its secure internal network for use by Authorised Users only. The Content may be accessed by Authorised Users either directly on the Customer's premises or from a remote location. Irrespective of the method of access, the conditions of use, as described in these Terms and Conditions, remain in force. Use of the Service by Authorised Users and the details required to enable access to the Service comply with the Publisher’s Privacy Policy - itu-ilibrary.org/about/privacy. The Publisher affirms that it holds all rights granted herein, and reserves all those not expressly granted to the Customer.
2. Ownership of Content
Title and ownership of the Content remains with the Publisher. Any copies made (as permitted within these Terms and Conditions) should clearly state this, together with the requisite copyright notice (see section 3 below).
3. Permitted use and Copy Restrictions
Authorised Users can copy, download, print or include the Content in their own documents, presentations, blogs, websites, teaching materials, course packs and reserves (both in print and digital, as well as other formats adapted to the needs of visually impaired), including distance learning materials, MOOCs (Massive Open Online Courses) and scholarly communication, provided that the use is non-commercial and that suitable acknowledgment of the Publisher as source and copyright owner is given, using the downloadable citation or as follows: the Title of the Content, © ITU/(co-author(s), if any) (year), (Title), ITU Publications, ITU HQ, DOI or URL, as applicable. For the avoidance of doubt, neither recovery of direct cost by the Customer from Authorised Users, nor use by the Customer or Authorised Users of the Content in the course of research funded by a commercial organisation is deemed to constitute commercial use. All requests for commercial or public use not covered in these Terms and Conditions, as well as translation rights. Subject to these restrictions, a complete single electronic copy of the Content may be made, for the purpose of backing up, maintenance of service and archiving. For Academic and Not-For-Profit Organisations only, Inter-Library Loan, performed electronically, may also be made solely on a non-commercial one-off basis.
4. Subscription Fee
The full list of titles and prices available for subscription can be found in the ‘About’ section. Access is provided and these Terms and Conditions are effective providing the requisite Subscription Fee is paid. The Subscription Fee is exclusive of any sales, use, value-added or similar taxes, and the Customer shall be liable for any such taxes if applicable. The Publisher reserves the right to modify, add, delete or cease updating titles to, from and in the Content. If deletions or terminations made during the Customer's current subscription period result in a 10% or more decrease to the Content, thereby rendering them less useful in a material respect, the Customer is entitled, upon request, to a proportional refund taking into account time elapsed, number of issues already available online and value of the title or titles within the Customer's overall subscription. A request for refund, in order to be considered, must be made prior to the end of the Customer's subscription period when such modification to the Content occurred.
5. Restrictions on Usage
Transmission of the Content to any third party who is not an Authorised User, via Internet, World-Wide Web, E-mail, or any other similar technology, is expressly forbidden. No commercial usage or redistribution is permitted. The Customer may provide concurrent access to the Content to multiple Authorised Users on a single site only. Access for Authorised Users at multiple sites via the Customer's network may be subject to the payment of an additional fee – please contact the Publisher for more details. Walk-in users may access the Content only on the Customer's premises, including via a wireless secure internal network (Wi-Fi).
6. Transfer Restrictions
Access to the Content is granted solely to the Customer and may not be transferred without prior written consent from the Publisher. Any authorised transferee shall be bound by these Terms and Conditions and limited warranty. In no event may the Content be transferred, assigned, rented, leased, sold or otherwise disposed of on a temporary or permanent basis, except as expressly provided herein.
7. Expiration
Upon expiration, the Customer may continue to have access to the Content published throughout the period for which the Subscription Fee has been received and which is available in PDF format. However, the grant of access and usage will automatically terminate if any provision of these Terms and Conditions is not complied with. In this eventuality, the Customer must cease distribution and use of the Content, and destroy all backup copies made.
8. Limited Warranty and Disclaimer of Warranty
The Publisher does not warrant, guarantee or make any representations, either expressly or implied, regarding, but not limited to, the correctness, accuracy, reliability, currentness, merchantability, fitness of use for a particular purpose, or otherwise, of the Content – it is supplied ‘as is’. The Publisher shall not be liable for any direct, indirect, consequential or incidental damages (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of the use or inability to use the Content by the Customer and/or Authorised Users.
The Customer specifically acknowledges and agrees that the Publisher is not liable for any conduct of the Customer/Authorised Users. Accordingly, the Customer agrees to indemnify the Publisher, its officials, employees, agents and affiliates from and against and all third-party actions, claims, losses, damages and liabilities arising out of the Customer/Authorised Users’ use of the Content. The Customer shall ensure that Authorised Users shall comply with these iLibrary Terms and Conditions.
Under no circumstances shall the Publisher’s liability under these Terms and Conditions exceed the annual subscription price paid by the Customer for the Content.
9. Service Commitment
The Publisher and OECD retain the right to modify the Service and the Content on it at any time. However, all reasonable endeavours will be used to ensure that the Content is available to the Customer and its Authorised Users on a 24 hour basis (except for routine maintenance) once the Subscription Fee has been received, and that any interruption will be resolved as quickly as possible.
10. General
The Customer acknowledges having read these Terms and Conditions and limited warranty, understood them and by paying the Subscription Fee agrees to abide by them, unless agreed otherwise between the Customer and Publisher.
11. Preservation of immunities
Nothing in or relating to these Terms and Conditions shall be deemed a waiver, express or implied, of any of the privileges and immunities of the International Telecommunication Union.