The National Library of Ireland
Terms of Use of Material made available on registers.nli.ie
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE SET
OUT THE BASIS UPON WHICH YOU ARE PERMITTED TO USE THE INFORMATION
AND MATERIAL MADE AVAILABLE ON registers.nli.ie (THE “MATERIAL”).
The Material is comprised of two broad categories: information and material in which
copyright, database rights or similar rights subsist (“Copyright Material”) and information
and material in which no copyright or database rights subsist (“NonCopyright Material”).
The Material is generally Copyright Material, except the images of the NLI’s collection of
Catholic parish register microfilms that are available on registers.nli.ie, which are
NonCopyright Material.
Copyright Material is licensed by the National Library of Ireland (“NLI”) under the Creative
Commons NonCommercial Attribution 4.0 International License. To view a copy of the
Creative Commons NonCommercial Attribution 4.0 International License (the “Public
License”), visit http://creativecommons.org/licenses/by/4.0/ or send a letter to Creative
Commons, PO Box 1866, Mountain View, CA 94042, USA.
NonCopyright Material is licensed by the NLI under the terms and conditions set out below
(the “NLI Licence”).
You acknowledge that You are only permitted to use the Material as authorised by the Public
License or the NLI Licence, as applicable, or as otherwise expressly authorised in writing by
NLI.
NLI Licence
By making any use of the NonCopyright Material (defined below), You accept and agree to
be bound by these terms and conditions (the “NLI Licence”). You are granted the Licensed
Rights (defined below) by the National Library of Ireland (“NLI”) in consideration of Your
acceptance of these terms and conditions, and the NLI grants You such rights in
consideration of the benefits the NLI receives from making the NonCopyright Material
available under these terms and conditions.
1.
Definitions
“Adapted Material” means material that is derived from or based upon any
NonCopyright Material and in which any NonCopyright Material is translated, altered,
arranged, transformed, or otherwise modified;
“Licensed Rights” means the rights granted to You under Clause 2.1, subject to the
terms and conditions of this NLI Licence;
“NonCommercial” means not primarily intended for or directed towards commercial
advantage or gain or monetary compensation;
“NonCopyright Material” means the images of the NLI’s collection of Catholic parish
register microfilms that are available on registers.nli.ie;
“Share” means to provide material to the public by any means or process, such as
reproduction, public display, public performance, distribution, dissemination,
communication, or importation, and to make material available to the public including
in ways that members of the public may access the material from a place and at a
time individually chosen by them;
“You”, “Your” etc. means the individual or entity exercising the Licensed Rights
under this NLI Licence.
2.
Scope
2.1
Subject to the terms and conditions of this NLI Licence, the NLI hereby grants You a
worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable (subject to
Clause 5) licence to use, adapt and Share the NonCopyright Material for
NonCommercial purposes only.
2.2
The NLI authorizes You to exercise the Licensed Rights in all media and formats
whether now known or hereafter created, and to make technical modifications
necessary to do so. The NLI waives and/or agrees not to assert any right or authority
to forbid You from making any technical modifications necessary to exercise the
Licensed Rights.
2.3
Nothing in this NLI Licence constitutes or may be construed as permission to assert
or imply that You are, or that Your use of any NonCopyright Material is, connected
with, or sponsored, endorsed, or granted official status by, the NLI or others
designated to receive attribution as provided in Clause 3.1(a) below.
2.4
Moral rights, such as the right of integrity, are not licensed under this NLI Licence,
nor are publicity, privacy, and/or other similar personality rights; however, to the
extent possible, the NLI waives and/or agrees not to assert any such rights held by
the NLI to the limited extent necessary to allow You to exercise the Licensed Rights,
but not otherwise.
2.5
Patent and trade mark rights are not licensed under this NLI Licence.
2.6
Except as expressly stated in these terms and conditions, this NLI Licence does not
grant You any rights to, or in, any intellectual property rights or any other rights or
licences in respect of the NonCopyright Material.
3.
Licence Conditions
3.1
Your exercise of the Licensed Rights is expressly made subject to the following
conditions:
(a)
if You Share any NonCopyright Material (including in modified form), You
must:
(i)
retain the following if it is supplied by the NLI with the NonCopyright
Material:
(A)
identification of the creator(s) of the NonCopyright Material and
any others designated to receive attribution, in any reasonable
manner requested by the NLI (including by pseudonym if
designated);
(B)
a notice that refers to this NLI Licence;
(C)
a URL or hyperlink to the NonCopyright Material to the extent
reasonably practicable;
(ii)
indicate if You modified the NonCopyright Material and retain an
indication of any previous modifications; and
(iii)
indicate the NonCopyright Material is licensed under this NLI Licence,
and include the text of, or the URL or hyperlink to, this NLI Licence.
(b)
You may satisfy the conditions in Section 3.1(a) in any reasonable manner
based on the medium, means, and context in which You Share the
NonCopyright Material. For example, it may be reasonable to satisfy the
conditions by providing a URL or hyperlink to a resource that includes the
required information.
(c)
If requested by the NLI, You must remove any of the information required by
Clause 3.1(a)(i) to the extent reasonably practicable.
(d)
You may not offer or impose any additional or different terms or conditions on
any NonCopyright Material or any Adapted Material if doing so:
(i)
restricts exercise of the Licensed Rights by any third party to whom
You provide any NonCopyright Material; or
(ii)
prevents any third party from complying with the terms of this NLI
Licence.
4.
Disclaimer of Warranties and Limitation of Liability
4.1
To the greatest extent permitted by applicable law, the NonCopyright Material is
made available ‘as-is’ and without any representations or warranties of any kind. To
the greatest extent permitted by applicable law, the NLI hereby excludes all
warranties, conditions, representations, statements, terms and provisions express or
implied by statute, common law or otherwise including, without limitation, warranties
of title, merchantability, fitness for a particular purpose, non-infringement, absence of
latent or other defects, accuracy, or the presence or absence of errors, whether or
not known or discoverable.
4.2
To the greatest extent permitted by applicable law, in no event will the NLI be liable
to You under any legal theory (including, without limitation, contract, negligence or
strict liability) or otherwise for any loss or damage whatsoever arising out of this NLI
License or use of the NonCopyright Material, including, without limitation, any direct,
special, indirect, incidental, economic, punitive, exemplary, or other losses, costs,
expenses, or damages, even if the NLI has been advised of the possibility of such
losses, costs, expenses, or damages.
4.3
The disclaimer of warranties and limitation of liability provided above shall be
interpreted in a manner that, to the greatest extent possible, most closely
approximates an absolute disclaimer and exclusion of all liability.
5.
Term and Termination
5.1
This NLI Licence applies for as long as You exercise any Licensed Rights. However,
if You fail to comply with this NLI Licence, then Your rights under this NLI Licence
terminate automatically. Without prejudice to the foregoing, the NLI may but not shall
not be obliged to notify You of a failure to comply with this NLI Licence.
5.2
Where Your right to use the NonCopyright Material has terminated under Clause 5.1,
it reinstates:
(a)
automatically as of the date the violation is cured, provided it is cured within
30 days of Your discovery of the violation; or
(b)
upon express reinstatement by the NLI.
For the avoidance of doubt, this Clause 5.2 does not affect any right the NLI may
have to seek remedies for Your violations of this NLI Licence.
5.3
For the avoidance of doubt, the NLI may also offer the NonCopyright Material under
separate terms or conditions or stop distributing the NonCopyright Material at any
time; however, doing so will not terminate this NLI Licence.
5.4
Clauses 1, 4 and 6 survive termination of this NLI Licence.
6.
General
6.1
These terms and conditions contain the entire agreement between You and the NLI
in relation to the subject matter of this NLI Licence. You acknowledge and agree that
in entering into this NLI Licence You do not rely on and will have no remedies in
respect of, any undertaking, promise, assurance, statement, representation, warranty
or understanding (whether in writing or not) of any person (whether party to this NLI
Licence or not) relating to the subject matter of this NLI Licence, except as expressly
set out in these terms and conditions. Nothing in this clause operates to limit or
exclude any liability for fraud.
6.2
The NLI reserves the right to vary these terms and conditions at any time and from
time to time. Registers.nli.ie will specify the latest date on which these terms and
conditions have been amended. If You continue to use any NonCopyright Material
following any amendment of these terms and conditions, You will be deemed to have
accepted such amendments.
6.3
You may not assign, transfer, subcontract or otherwise deal with any of Your rights or
obligations under this NLI Licence without the NLI’s prior written consent.
6.4
Nothing in this NLI Licence is intended to or shall create a partnership between the
NLI and You or makes You the agent of the NLI or vice versa. You have no authority
or power to bind, to contract in the name of, or to create a liability for, the NLI in any
way or for any purpose.
6.5
Delay or failure by the NLI in enforcing this NLI Licence or any part of it shall not
constitute a waiver by the NLI of its rights and remedies.
6.6
To the extent possible, if any provision of this NLI Licence is deemed or becomes
illegal, invalid or unenforceable, it shall be automatically reformed to the minimum
extent necessary to make it legal, valid and enforceable. If the provision cannot be
reformed, it shall be severed from this NLI Licence without affecting the legality,
validity and enforceability of the remaining terms and conditions.
6.7
This NLI Licence shall be governed by and construed in accordance with the laws of
Ireland and You hereby submit to the exclusive jurisdiction of the Irish courts for the
resolution of disputes arising out of or in connection with this NLI Licence.
Updated 23 December 2015