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Terms and Conditions

USER AGREEMENT

 TERMS AND CONDITIONS FOR USE OF PROPRIETOR SITE   

 

1. Definitions.

For the purposes of this Agreement the following definitions will have the meanings assigned to them hereunder:

“Agreement” means the Subscription Form and the Terms and Conditions of this User Agreement in the form posted from time to time on the Proprietor Site hereby accessed, and any Proprietor policies relating to subscriptions to the Services of which Subscribers and Authorized Users have been informed.

“Authorized Users” means the following: (i) employees, agents or representatives in the case of Businesses and Agencies; (ii) students of Schools and Universities, its faculty members, administrators, and employed staff (full or part-time); (iii) patrons, employees, agents or representatives in the case of Libraries; and individuals who make use of the Proprietor Site through proper registration as user and acceptance thereof by the Proprietor or its duly authorized agent.

"Proprietor" means the North-West University, a Higher Education Institution, acting through its Centre for Text Technology.

“Proprietor Site” means this World Wide Web address known as rma.nwu.ac.za and the Services offered hereon.

"Services" means the online services and or products (“Products”) to which the Subscriber and /or Authorized Users gain access through the Proprietor Site.

“Subscriber” means an individual and /or institution signing the Subscription Form for purposes of subscribing as licensee to one or more of the Services offered on the Proprietor Site hereby accessed. The Subscriber may be a business (“Business”), government agency (“Agency”), school and related facilities (“School”), college, university or other higher education institution (“University”) or public Library, and includes Authorized Users.

 

Subscriber’s and Authorized User’s Undertaking and Agreement

By accepting this User Agreement, Subscriber and / or Authorized User acknowledges that it has read this Proprietor online Terms and Conditions of this User Agreement and agrees to abide by its terms and conditions as currently in effect and as they may be changed from time to time and posted on the Proprietor Site or as made available to Subscriber and / or Authorized User by other means.           

 

Please read the following User Agreement before submitting your Subscription Form or log on to the Proprietor Site as Authorized User. By submitting the completed and signed Subscription Form or by using the Services as Authorized User online, you agree to all of the terms and conditions of these Services. If you do not agree with any of the terms or conditions contained herein, please do not use the Services. The Proprietor reserves the right to change, modify, add or remove portions of this Use Agreement or the terms or conditions contained herein at any time. Changes will be posted periodically on the Proprietor Site. Your continued use of the online Services following the posting of any changes will mean that you have accepted the changes.

 

2. General.

The Subscription Form, this Use Agreement and any other Proprietor policies relating to the use of the Proprietor Site (collectively, this “Agreement”) set forth the terms and conditions that apply to your use of the Services. The right to use the Proprietor Site is limited to Subscribers and Authorized Users and is not transferable to any other person or entity. You are responsible for the integrity of the information provided on registration and log on to the Proprietor Site protecting the confidentiality of your access to the Services and for complying with any guidelines relating to security measures designed to prevent unauthorized access that may be prescribed from time to time by Proprietor.

 

3. Use.

Your use of the Services constitutes your agreement to all of the terms, conditions and notices below in addition to the general terms and conditions contained in this Agreement. If you do not agree with these provisions, please do not use the Services as stated above. Proprietor reserves the right to change, modify, add or remove portions of this Use Agreement at any time. Please check the “Use Agreement” section of the Proprietor Site periodically for any such changes. Your continued use of the Services following the posting of any changes will mean that you have accepted the changes.

• In General

As a condition of using the Proprietor Site you agree to abide by all applicable local, state, national and international laws and regulations relevant to the use of the Services. In addition, you warrant that you will not use the Proprietor Site for any purpose that is unlawful or prohibited by this Agreement (including, without limitation, any use that infringes another’s copyright rights). You may not use the Proprietor Site in any manner that could damage, disable, overburden or impair the Proprietor Site or any user thereof, or interfere with any other party’s use of the Services.

• Copyright and Trademark Protection

All Products contained on the Proprietor Site (including, without limitation, the Proprietor Site look and feel, layout, design, text, software, images, graphics, video and audio content (“Products”)) are the property of the Proprietor, its affiliated companies or licensors and are protected by South African copyright, trademark and other intellectual property laws and international treaties.

• Downloading Products and Services

You may not publish, copy, automatically browse or download, display, distribute, post, transmit, perform, modify, create derivative works from or sell any Products, information, products or services obtained from the Services in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording or otherwise, except as expressly permitted under applicable law or as described in this Use Agreement. You also may not engage in systematic retrieval of data or other content or Products from the Proprietor Site to create or compile, directly or indirectly, a collection, compilation, database or directory. Nor may you “mirror” on your own site or any other server any Products contained on the Proprietor Site, including, without limitation, the Services’ home page or result pages.

In the case of School, University and Library Subscribers, Authorized Users may print, e-mail or download content and Products from the only for personal, non-commercial use in connection with the preparation of papers, reports, presentations or scholarly uses. Authorized Users of Business and Agency Subscribers may use the only while present within the Subscriber’s facilities for internal, non-commercial purposes. In all cases, you must keep intact all copyright and other proprietary notices contained in such content or Products. This permission terminates automatically if you breach any of the provisions of this Use Agreement. However, nothing in this Use Agreement is intended to restrict your “fair use” of the content and Products in accordance with applicable law.

• Third Party Proprietor Sites

Hyperlinks to other Internet resources are provided for your convenience. The editors of Proprietor have selected these resources as having some value and pertinence, but such resources’ development and maintenance are not under the direction of Proprietor. Thus, the content, accuracy, opinions expressed and other links provided by these resources are neither verified by Proprietor editors nor endorsed by Proprietor. Because Proprietor has no control over such sites and resources, you acknowledge and agree that Proprietor is not responsible for the availability of such external sites or resources. In addition, you acknowledge and agree that Proprietor does not endorse and is not responsible or liable for any content, advertising, products or other products on or available from such sites or resources. Furthermore, you acknowledge and agree that Proprietor will not be liable, directly or indirectly, for any damage or loss caused by the use of any such content or products.

 

4. Intellectual Property Rights.

You acknowledge that the Proprietor Site contains copyrighted Products, trademarks, and other proprietary information owned by Proprietor and its licensors, and that your subscription or authorized use does not confer on you any right, title or interest in or to the Services or Products, the related documentation or the intellectual property rights relating thereto. Unauthorized copying of any portion of the Services or Products may result in litigation under applicable copyright, trademark or other intellectual property laws or international treaties and loss of privileges granted pursuant to this Agreement.

 

5. Account and Security.

You are responsible for maintaining the confidentiality of your method of accessing the Services and preventing unauthorized use by the Proprietor Site within your reasonable control.

 

6. Disclaimer of Warranty and Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER PROPRIETOR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME, UNINTERRUPTED, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE PROPRIETOR SITE. THE SERVICES ARE PROVIDED ON AN ”AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

IN NO EVENT SHALL PROPRIETOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS, OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF PROPRIETOR WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY A SUBSCRIBER, AUTHORIZED USER, OR ANY OTHER PERSON.  

In the event any claim relating to the performance or non-performance by Proprietor pursuant to this Agreement, or in any other way concerning the Proprietor Site is made by a Subscriber or Authorized User, the actual damages to which such Subscriber or Authorized User may be entitled shall be limited to the fees, if any, paid by the Subscriber or Authorized User for the Services.

 

7. Indemnification.

You agree to defend, indemnify and hold harmless Proprietor, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of the use or unauthorized copying of the or any of their content, the violation of this Agreement or any applicable laws or regulations, or arising out of your violation of any rights of a Authorized User.

 

8. Miscellaneous.

This Agreement is entire and complete, and no representations, warranties, agreements or covenants, express or implied, of any kind or character whatsoever have been made by either party hereto to the other, except as expressly set forth in this Agreement. Except as provided herein, this Agreement may not be modified or changed unless the same shall be in writing and signed by an authorized officer of the party to be bound thereby. You may not assign any of your rights or delegate any of your obligations under this Agreement without Proprietor’s prior written consent. This Agreement shall be subject to and construed in accordance with the laws of the Republic of South Africa, without regard to its conflicts of law rules. The section headings used herein are for convenience only and shall not be given any legal import. The provisions of Sections 4, 6, 7 and 8 shall survive termination of this Agreement.