19th Century Masterfile Library Subscription Agreement
19th Century Masterfile is an information retrieval service, consisting of indices to nineteenth-century magazines,
newspapers, books and government documents, published by Paratext, LLC. Access is by annual subscription.
Rights: Upon receipt of an institutional purchase order, Paratext grants the subscribing library (“Subscriber”) access
to 19th Century Masterfile for educational, research, and personal use by the faculty, staff, students, alumni and
library patrons utilizing the Subscriber's contiguous campus network. Distance learners, alumni, and other offcampus affiliates may access 19th Century Masterfile if their Internet access is through the campus network. Users
may download and print citations from 19th Century Masterfile for personal use and archive contents on their own
personal computers. They may send one copy by email, print, or fax to one person at another location for that
individual's personal use.
Not Permitted: Subscribers and users may not disseminate content from 19th Century Masterfile outside the
geographically contiguous campus by any means, except as noted above. Transmission of the digital source code,
whether plain ASCII or tagged, and use of contents and articles in coursepacks are expressly prohibited.
Proprietary Rights: Subscriber acknowledges that 19th Century Masterfile is proprietary to Paratext LLC, and that
the customer has no rights therein other than as set forth in this Agreement. 19th Century Masterfile is copyrighted
by Paratext LLC and all rights are reserved. Subscribers shall not distribute, sell, commercially exploit, create
derivative works from or otherwise make available the contents of 19th Century Masterfile in any medium, to a third
party.
No Warranties: Paratext LLC provides the data in 19th Century Masterfile in an "as is" condition. Paratext makes
no warranty, guarantee or make any representation regarding the accuracy, completeness, correctness, reliability,
currency or otherwise, of any portion of 19th Century Masterfile or the use or results to be obtained from using 19th
Century Masterfile. Paratext LLC makes no representation nor warranty whatsoever, express or implied, with
respect to the database, and, in particular, Paratext disclaims all implied warranties including without limitation any
warranties of merchantibility or fitness for a particular purpose with regard to 19th Century Masterfile.
Access: 19th Century Masterfile is available for use 24 hours per day, 7 days per week. Paratext, LLC reserves the
right to shut down 19th Century Masterfile periodically for data and software upgrades, and for general
maintenance.
Term: The term of this agreement shall be for twelve (12) months, beginning on the date of invoice and terminating
one year afterwards. This agreement will be renewed automatically for successive periods of one (1) year, unless
either party provides written notice of intent to terminate thirty (30) days prior to the renewal.
Entire Agreement: This Agreement constitutes the entire agreement between the Subscriber and Paratext LLC and
supersedes any and all written or oral prior agreements and understandings. This Agreement may be amended or
modified only by a separate writing signed by the parties hereto.
Force Majeure: Paratext, LLC and its affiliates shall not bear any responsibility or liability for any loss arising out
of delay or interruption of its performance of obligations under this Agreement due to any act of God, act of
government authority, act of public enemy; or due to act of war, flood, civil disturbance, insurrection, labor
difficulty, adverse weather conditions, lack or shortage of electrical power, malfunctions of equipment or software
programs, or any other cause beyond the reasonable control of Paratext LLC.
Survival: The provisions of this Agreement that protect the proprietary rights of Paratext, LLC will continue in
force after termination.
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Assignment: Licensee may not assign this Agreement or any right granted under said Agreement without the prior
written permission of Paratext, LLC.
IN WITNESS WHEREOF the parties have caused their authorized representatives to execute this Agreement as of
the dates specified below:
For Paratext, LLC
Signed by:___________________________________________
Name: Eric M. Calaluca __
Title: _President and CEO______
Date: _______________________________________________
For _______________________________________________
Signed by:___________________________________________
Name: ______________________________________________
Title: _______________________________________________
Date: _______________________________________________
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