19th Century Masterfile Rights in Perpetuity 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 off-campus 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 in” 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
merchantability 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 and Annual Access Fees: Subscriber shall have rights in perpetuity to access to all indexes
currently available in 19th Century Masterfile effective the date that this agreement is signed, as well as
any new indexes added during the subsequent 12 months. Annual Content Fees will be waived for year
one and be effective the first anniversary date of this agreement and each year thereafter. At each
subsequent anniversary date, the Subscriber has the option of acquiring data added during the
preceding 12 months at the set cost of US$10. per thousand citations, or paying a prorated subscription
price based on the percentage of citations added since the original agreemement.
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.
If for any reason, Paratext or any successor to Paratext ceases to provide permanent online access,
Paratext or such successor to Paratext shall provide Subscriber or its designee, with an archival copy of
the Product data (ASCII database) as of the date of discontinuance of online service, in a mutually
agreeable electronic format.
For Paratext LLC
Signed by:______________________________________________
Name:_________________________________________________
Title:__________________________________________________
Date:__________________________________________________
For Customer:___________________________________________
Signed by:______________________________________________
Name:_________________________________________________
Title:__________________________________________________
Date:__________________________________________________