Terms
& Conditions of Use
By using the EJ-Server Gateway you agree
to abide by the following Terms and Conditions:
Total Library Solutions India Pvt.
Ltd., New Delhi known as (TLSIPL) hereby grants you
a nonexclusive, limited license to use the EJ-Server Gateway
and other materials by accessing websites pointed to by
EJ-Server Gateway, in accordance with these Terms and Conditions
(the "License"). You may not sublicense, assign,
or transfer the License, and any attempt at such sublicense,
assignment or transfer is void.
EJ-Server Gateway only caputured the link from Open URL’s,
Publishers Sites, Information Providers, the Content of
the Journals, Databases, E-Books, Self Learning Courses,
and all the copyright therein is retained by the Publishers,
Information Providers and oweners of such information available
from these Open URL’s.
The Content is intended for the personal, noncommercial
use of Authorized Users of the EJ-Server Gateway. For information
on Authorized Users contact the respective Publishers, Information
Providers of your library or organization. Unless prior
written permission has been obtained from the publisher
of such Content, you may not download from the EJ-Server
archive or an entire issue of a journal, significant portions
of the entire run of a journal, a significant number of
sequential articles, or multiple copies of articles. Publisher
contact information can be access using EJ-Server Gateway.The
restrictions on use of Content as set forth in this License
shall survive any termination of the License.
Additional restrictions, or fewer restrictions, may apply
to your use of certain Content. Copyright is not claimed
as to any work of the United States Government. All Publishers,
Information Providers, Owners of Link, Websites owners.
You must maintain all copyright and other notices contained
in any Content in the course of any use of such Content
as regards to the Journal, Databases, E-Books, Self Learning
Courses, and any other information.
Other than as permitted above with respect to Content, you
may not reproduce, publish, distribute, transmit, participate
in the transfer or sale of, modify, create derivative works
from, display, or in any way exploit, the the information
available in whole or in part. You have no rights to the
proprietary software and related documentation provided
to you to access EJ-Server Gateway ("Access Software"
/ Search Engine ). You may not copy, distribute, modify,
reverse engineer, or create derivative works from Access
Software / Search engine.
Ownership of EJ-Server Gateway is with Total Library Solutions
India Pvt. Ltd., New Delhi. Your use of the EJ-Server Gateway
implies no right‘s on the Owenership.
The EJ-Server Gateway may point you to links to or may be
accessible from links within related or unrelated World
Wide Web sites and resources. TLSIPL shall not be liable
for any loss, injury, claim, liability, or damages of any
kind arising out of or in connection with such links. You
should direct any concerns regarding any outside link to
its site administrator.
TLSIPL will not be held liable for any delays, inaccuracies,
errors or omissions in the Links available from open URL’s,
in the transmission or delivery of all or any part thereof,
or for any damages arising from any of the foregoing. TLSIPL
does not represent or endorse the accuracy or reliability
of any Content. EJ-SERVER GATEWAY ONLY POINTS YOU TO THE
VARIOUS OPEN URL’S PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. TLSIPL FURTHER MAKES NO WARRANTIES
RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION
OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB OR OTHER
SUCH COMPUTER PROGRAM. YOU HEREBY ACKNOWLEDGE THAT USE OF
THE EJ-SERVER GATEWAY IS AT YOUR SOLE RISK.
You may not authorize use of the EJ-SERVER GATEWAY by anyone
who is not an Authorized User. You may not set up a proxy
or anonymous remailer for purposes of allowing access to
EJ-SERVER GATEWAY
You shall notify TLSIPL of any known or suspected unauthorized
use(s) of your account, if applicable, or any known or suspected
breach of security, including loss, theft, or unauthorized
disclosure or use of your password or IP address. You are
responsible for maintaining the confidentiality of your
password, if applicable, and for all usage or activity on
your account, including use of the account by anyone authorized
by you to use your password. Any use of the EJ-SERVER GATEWAY
beyond the scope of the License, knowing use of the password
of another, or any fraudulent, abusive, or otherwise illegal
activity, may be grounds for termination of your account,
or termination of access to EJ-SERVER GATEWAY from your
IP address, without notice and at TLSIPL sole discretion.
The foregoing includes but is not limited to activity that
may burden EJ-Server Gateway server(s) such as computer
programs that automatically download Content, commonly known
as web robots, spiders, crawlers, wanderers or accelerators.
You hereby indemnify, defend and hold TLSIPL, and its officers,
directors, agents, licensors and licensees (collectively,
the "Indemnified Parties") harmless from and against
any and all liability and costs incurred by the Indemnified
Parties in connection with any claim arising out of any
breach by you, or any user of your account, of these Terms
and Conditions, including, without limitation, reasonable
attorneys' fees. You shall cooperate as fully as reasonably
required in the defense of any claim. TLSIPL reserves the
right, at its own expense, to assume the exclusive defense
and control of any matter subject to indemnification by
you.
Your use of the EJ- Server Gateway indicates your acceptance
of TLSIPL Privacy Policy. TLSIPL Privacy Policy provides
in part that TLSIPL may disclose information about usage
of the EJ-Server Gateway and demographics pertaining thereto
so long as such disclosure does not reveal users' personal
identities, unless such disclosure is required to protect
against violations of this License, or to protect and defend
our rights or property or the rights and property of contributors
to the EJ-Server Gateway .
This Agreement shall be interpreted and construed according
to, and governed by, the laws of the State of New Delhi
or Indian law, as applicable. The parties expressly exclude,
if applicable, the application of the United Nations Convention
on Contracts for the International Sale of Goods. Any controversy
or claim arising out of or relating to this Agreement or
the breach thereof, shall be settled by arbitration, including
joint and/or consolidated arbitration where practicable,
conducted in English, in Delhi, in accordance with the Indian
Law.The parties agree to exclude any right of application
or appeal to non-Indian courts in connection with any question
of law arising in the course of the arbitration, or with
respect to any award made.
TLSIPL may change these Terms and Conditions, or any aspect
of the EJ-Server Gateawy at any time.
If any provision or provisions of this License shall be
held to be invalid, illegal, unenforceable, or in conflict
with the law of any jurisdiction, the validity, legality,
and enforceability of the remaining provisions shall not
be in any way affected or impaired thereby.
Last updated July 1, 2003