1.0 DEFINITIONS

A) 'Customer' is the person who orders and will pay the fee for access 
   to one or more Databases.

B) 'ITER Inc.', hereafter 'Iter', is a not-for-profit entity created by 
   a partnership between the Renaissance Society of America (RSA), the 
   Centre for Reformation and Renaissance Studies of the University 
   of Toronto (CRRS), the Arizona Center for Medieval and Renaissance 
   Studies of Arizona State University in Tempe (ACMRS), the Faculty of 
   Information Studies at the University of Toronto (FIS), and the 
   University of Toronto Library.

C) 'Databases' are those searchable electronic databases published 
   by Iter for which the Customer has paid the appropriate fee or 
   during an authorized trial period.

2.0 USER LICENSE

A) Iter grants to the Customer a non-exclusive, 
non-transferable license allowing only the Customer to 
access the Databases.

B) The Customer may not transfer, assign or sublicense 
this license.

C) The Databases and associated materials are the property 
of Iter and are protected by copyright laws and by 
international treaties.

D) No title is transferred by this license or by the 
payment of any fee.

E) The Customer's rights do not extend to other related or 
affiliated institutions.

F) Any rights not expressly granted in this license are 
reserved to Iter.

2.1 WHAT THE CUSTOMER MAY DO

The Customer MAY:

a) make searches of the Databases.

B) make a limited number of hard copies of any search output 
that does not contain a significant segment of a database. 
These copies may be used by the Customer for personal 
use only and may not be sold.

C) make one copy of any search output in electronic form to 
be used for editing or temporary storage only.

2.2 WHAT THE CUSTOMER MAY NOT DO

The Customer MAY NOT:

a) sell, distribute or commercially exploit the Databases 
or associated material.

B) transfer the Databases to hard disk.

C) use any of the Databases in any way unless you 
have agreed to be bound by this license.

3. TERM

This license applies to any use of Databases during 
authorized trial periods and during the period for which 
a fee has been paid. Iter reserves the right to cease 
offering the Customer the opportunity to renew a 
subscription.

4. LIMITATION OF WARRANTIES AND LIABILITY

a) Iter warrants and represents that they have the right to 
enter into this Agreement and to provide access 
'as is' to the Databases.

B) THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES 
AND CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, 
INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY 
OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL OF 
WHICH ITER DISCLAIM.

C) IF THE DATABASE INCLUDES SUMMARIES, THE SUMMARIES WERE 
DEVELOPED TO ASSIST USERS IN FINDING APPROPRIATE SCHOLARLY 
LITERATURE FROM THE BIBLIOGRAPHICAL DATA THAT HAVE BEEN 
INCLUDED IN THE DATABASE. FOR SUCH DATABASES, USERS SHOULD 
CONSULT THE FULL TEXT MATERIALS BEFORE REACHING OR 
SUGGESTING CONCLUSIONS AS TO THE SUBJECT MATTER OF THE 
DATABASE.

D) THE PRESENCE IN OR ABSENCE FROM THE DATABASE OF ANY 
REFERENCE TO INFORMATION, DATA, EVENTS, RESEARCH OR 
DEVELOPMENTS DOES NOT IMPLY THE SPECIFIC EXISTENCE OR THE 
NON-EXISTENCE THEREOF, NOR DOES ITER CLAIM 
COMPREHENSIVENESS OR THE ABSENCE OF ERRORS.

E) IN VIEW OF THE ABOVE, ALL LIABILITY IS DISCLAIMED FOR 
THE ACCURACY, COMPLETENESS OR FUNCTIONING OF THE DATABASES.

F) ITER ASSUMES NO RESPONSIBILITY FOR THE CUSTOMER'S USE 
THEREOF AND SHALL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS 
OF USE, OR INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY 
DAMAGES AS A RESULT OF SUCH USE, EVEN IF EXPRESSLY MADE 
AWARE OF THE POSSIBILITY THEREOF.

G) IN NO EVENT MAY A CUSTOMER BRING ANY ACTION AGAINST ITER 
ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE 
CLAIM OR CAUSE OF ACTION ARISES, DETERMINED WITHOUT 
REGARD TO WHEN THE CUSTOMER SHALL HAVE LEARNED OF THE 
ALLEGED DEFECT, INJURY, OR LOSS.

H) ITER SHALL IN NO EVENT BE LIABLE FOR MORE THAN THE 
LICENSE FEE PAID (WHETHER SUCH LIABILITY ARISES FROM 
BREACH OF WARRANTY, BREACH OF THIS CONTRACT OR OTHERWISE, 
AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE 
AND STRICT LIABILITY).

i) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR 
LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR 
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE 
EXCLUSION OR LIMITATION MAY NOT APPLY TO EACH CUSTOMER.

5. INDEMNIFICATION

Excluding claims arising out of or relating to the 
violation by Iter of any third party copyright, trade 
secrets, or trademark, the Customer agrees to indemnify 
Iter and hold them harmless from and against any and 
all claims of users or other third parties arising 
out of or related to the use of the licensed materials, 
regardless of whether such claims were foreseeable by Iter.

6. TERMINATION

If the Customer breaches any term of this Agreement, Iter 
may, in addition to its other legal rights and remedies, 
terminate the license granted hereunder on 30 days notice to 
Customer. Upon any termination for breach, the Customer 
will, unless otherwise agreed to in writing by Iter, 
forthwith erase all electronic storage of search outputs or 
other electronic storage. Any termination, whether or not 
for breach, will not affect any obligation or liability 
of a party arising prior to termination, and the provisions 
of Paragraphs 4 and 5 will survive any termination. In the 
event of termination, whether or not for breach, the remainder 
of the annual subscription fee paid by the Customer will not be 
refunded.

7. FORCE MAJEURE

Iter will not be responsible for any delay or failure 
in performance resulting from any cause beyond their 
control.

8. APPLICABLE LAW

This Agreement will be governed by and construed in 
accordance with the laws of New York State without giving 
effect to the principles of conflict of laws thereof, and 
to the extent permitted by applicable law, the Customer 
consents to the jurisdiction of courts situated in New 
York State in any action arising under this Agreement.

9. ENTIRE UNDERSTANDING

This Agreement constitutes the entire understanding of 
the parties with respect to the subject matter hereof. 
Any representation, promise, warranty, covenant or undertaking 
not expressly set forth in this license shall not be deemed 
a part of the Agreement or otherwise legally effective.

10. SEVERABILITY

If a term or condition of this license is invalid or 
unenforceable, the remaining terms and conditions will 
remain in full force and effect.

11. SIGNATURE 

I ACCEPT the terms and conditions of this agreement as stated above: 

Name of "Customer":

(type or print your full name on the line above) 

Signature of "Customer": 

Date:

If you do not accept the terms and conditions as stated above, please contact Iter to discuss your concerns.