OECD iLibraryTerms and Conditions
15 June 2009
These Terms and Conditions are between you and/or your organisation, hereinafter "Customer", and the Organisation for Economic Co-operation and Development (OECD).
1. Grant of Access and Usage
In consideration of the Subscription Fee, and the agreement to abide by these Terms and Conditions, the OECD grants the Customer a non-exclusive and non-transferable right to access and display on its secure internal network, for use by Authorised Users only, the online service "OECD iLibrary" (http://www.oecd-ilibrary.org) and the title (or titles) and content contained therein which has (or have) been subscribed to including the back catalogue of PDFs where available (hereinafter referred to as the "Work"). The Work may be accessed by End Users either directly from the OECD itself, or from a designated Third Party (e.g. Publishing Technology) either 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. The OECD affirms that it holds all rights granted herein, and reserves all those not expressly granted to the Customer.
"Authorised Users" are defined as being;
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.
2. Ownership of Material
Title and ownership of the Work remains the OECD's. Any copies made (as permitted within these Terms and Conditions) should clearly state this, together with the requisite copyright notice (see below).
3. Copy Restrictions
Authorised Users can copy, download or print content for their own use, and can include excerpts from OECD publications, databases and multimedia products in their own documents, presentations, blogs, websites and teaching materials, provided that suitable acknowledgment of OECD as source and copyright owner is given. The Title of the material, © OECD, publication year (if available) and page number or URL (uniform resource locator) as applicable, should be cited. (All requests for public or commercial use and translation rights should be submitted to [email protected]). Subject to these restrictions, a complete single electronic copy of the Work subscribed to 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
These Terms and Conditions are effective, providing the requisite Subscription Fee is paid. The full list of titles and prices available for subscription can be found at www.oecd-ilibrary.org/about/about. The Subscription Fee is due thirty days from receipt of invoice. 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 OECD reserves the right to add, delete or cease updating titles to, from and in the Work. If deletions or terminations made during the Customer's current subscription period result in a 10% or more decrease to the Work subscribed, 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 Work occurred.
5. Restrictions on Usage
Transmission of the Work to any third party who is not an Authorised User, via Internet, World-Wide Web, E-mail, or any other similar technology, is also expressly forbidden. No commercial usage or redistribution is permitted. The Customer may provide concurrent access to the Work 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 [email protected] for more details. Walk-in users may access the Work only on the Customer's premises, but not remotely.
6. Transfer Restrictions
Access to the Work is granted solely to the Customer and may not be transferred without prior written consent from OECD. Any authorised transferee shall be bound by these Terms and Conditions and limited warranty. In no event may the Work be transferred, assigned, rented, leased, sold or otherwise disposed of on a temporary or permanent basis, except as expressly provided herein.
Upon termination, the Customer may continue to have use of the Work which is available in PDF format, including the back catalogue, for which the full Subscription Fee has been received. In the case of termination of a Statistics database, upon request within 3 months of the end of the subscription, a CD-Rom or DVD will be sent by OECD. 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 Work, and destroy all backup copies made.
8. Limited Warranty and Disclaimer of Warranty
The OECD 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 Work – it is supplied "as is". The OECD 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 Work by the Customer and/or Authorised Users. Irrespective of cause or form of any legal action, the liability of OECD will not exceed the annual subscription price paid by the Customer for the Work.
9. Service Commitment
The OECD retains the right to alter the content of the Work at any time. However, OECD will use all reasonable endeavours to ensure that the Work 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 OECD.
Organisation for Economic Cooperation and Development
2, rue André-Pascal
75775 Paris Cedex 16
E-mail: [email protected]
Tel: +33 (1) 45 24 82 00
Fax. +33 (1) 45 24 99 30