SWIFT
This Agreement is entered into between SilverPlatter Information,
Inc., ("SilverPlatter") and Columbia University Libraries ("the
Purchasing Institution") and is effective upon its execution by
authorized officers of both institutions. For record-keeping
purposes, the Purchasing Institution has been assigned the following
account ID: C21669.
SECTION I: SERVICES TO BE PROVIDED BY SILVERPLATTER
SilverPlatter agrees to provide the Purchasing Institution, Columbia
University Libraries, with the electronic information services
described below:
1.1. The database(s) licensed for use by the Purchasing Institution
under the terms of this Agreement is/are:
GeoRef
1.2. The subscription period for each of the above-named databases is
for One (1) year from either the date upon which this agreement has
been signed by both SilverPlatter and the Purchasing Institution, or
the date upon which the service commences, whichever comes later.
1.3. The authorized number of simultaneous users for each of the
above databases is: Four (4). The number of simultaneous sessions
originating at the Purchasing Institution's site will be metered and
enforced by SilverPlatter.
1.4. SilverPlatter agrees to allocate the following Uniform Resource
Locator(s) for the sole use of the employees and registered users of
the Purchasing Institution:
http://www.silverplatter.com/customers/c21669
1.5. SilverPlatter agrees to allow access to all sessions
originating from the domain name and/or IP address ranges listed in
Section 2.2 below, within the database and simultaneous session
limitations set forth above, via any forms-capable World Wide Web
browser.
1.6. SilverPlatter agrees to make a good faith effort to insure that
the Internet Address or Uniform Resource Locator(s) allocated to the
Purchasing Institution is/are not used fraudulently by anyone
accessing the system from domains or IP addresses outside of those
provided in Section 2.1 below.
2. CONSIDERATION AND WARRANTIES
2.1. The Purchasing Institution agrees to compensate SilverPlatter
for access to the database(s) listed above at the current published
rates for the databases at corresponding numbers of simultaneous users
within Thirty (30) days of the beginning of the subscription period
set forth in Section 1.2 above.
2.2. The Purchasing Institution affirms that the Internet domain
name and the list of IP ranges specified below are registered for the
sole use of the Purchasing Institution. The Purchasing Institution
further affirms that all sessions originating from this domain and
these IP ranges will have been authenticated by the Purchasing
Institution to the best of its ability as being from bona fide
employees or registered patrons:
PURCHASING INSTITUTION HOST DOMAINS: *.columbia.edu
PURCHASING INSTITUTION IP ADDRESSS SUMMARY:
128.59.*
156.111.*.*
129.236.*.*
192.5.43.*
192.12.82.*
NOTE--The above IP address list is not complete. For a complete list, see the Data Sheet for External Database Vendors at http://www.columbia.edu/cu/libraries/inside/lso/vendor.data.html
2.3. The Purchasing Institution agrees to make a good faith effort
to insure that the specified access via the Purchasing Institution's
domain and IP address(es) to the database(s) licensed herein is not
made available to anyone other than its employees and registered
patrons.
2.4. The Purchasing Institution agrees to abide by the following
license terms and to make reasonable efforts to inform authorized
local users of this service of the restrictions enumerated below. The
Purchasing Institution and its authorized users :
a) may not decompile or reverse engineer any software owned by
SilverPlatter;
b) may not sell, distribute, or commercially exploit any SilverPlatter
software or any of the content of licensed databases;
c) may not provide access to the licensed databases to anyone other
than its employees and registered patrons;
d) may not transfer, assign or sublicense this license to any other
party, including subsidiary or parent organizations.
2.5. The Purchasing Institution and its authorized users:
a) may make a single paper or electronic copy of each search output,
provided that it contains a limited selection of the licensed
database(s);
b) may allow access to the database(s) by all of its employees and
registered patrons, regardless of their physical location, so long as
they are properly authenticated as bona fide employees or patrons, and
so long as they are accessing the licensed databases(s) through
Internet servers encompassed by the domain and IP address range(s)
specified in Section 2.2 above.
3. TERM AND TERMINATION.
The license for access to the specified SilverPlatter database(s)
commences and terminates at the expiration date of this Agreement as
specified in Section 1.2 above. This Agreement may also be terminated
at any time by mutual agreement of SilverPlatter and the Purchasing
Institution. The terms of renewal are subject to negotiation.
4. LIMITED WARRANTY BY SILVERPLATTER
No source of information, whether it is in print or electronic form,
is free from factual errors or omissions. In addition, no software is
'bug'-free. Therefore, you must consult additional sources of
information before making decisions based on the information in the
database(s).
Like any Internet-related service, the Service experiences both
scheduled and unscheduled downtime. SilverPlatter warrants that total
downtime directly attributable to SilverPlatter during the first
ninety days of your subscription will amount to less than the
equivalent of three full days per calendar month. In the event that
the total downtime during this period directly attributable to
SilverPlatter exceeds the equivalent of three full days per calendar
month, you may cancel your subscription and receive a pro-rata refund.
It is your responsibility to diagnose and rectify any downtime
problems attributable to your network or to intervening Internet
service providers.
The entire and exclusive liability and remedy for breach of this
Limited Warranty shall be limited to cancellation of your subscription
and pro-rata refund of your subscription fee, and shall not include or
extend to any claim or right to recover any other damages with respect
to the Service or the Software or the Database(s), including but not
limited to, loss of profit, loss of use of the Service or the Software
or the Database, or special, incidental or consequential damages, or
other similar claims, even if SilverPlatter has been specifically
advised of the possibility of such damages.
In no event will the liability of SilverPlatter and its licensers
with respect to the Service and the Software and the Database ever
exceed the dollar amount that you paid for the subscription during the
12 months prior to the date of a claim.
EXCEPT AS SET FORTH HEREIN, SILVERPLATTER AND ITS LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OR MERCHANTABILITY OR
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
5. APPLICABLE LAW.
This agreement will be governed by and construed in accordance with
the laws of the Commonwealth of Massachusetts.
6. RESERVED RIGHTS.
Any rights not expressly granted in this agreement are reserved to
SilverPlatter and its licensers. The provisions of this Agreement are
for the benefit of SilverPlatter and its licensors and each shall have
the right to assert and enforce these provisions directly on its own
behalf.
7. U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure of any SilverPlatter software by the
U.S. Government is subject to the restricted rights applicable to
commercial computer software (under FAR 52.227-19 and DFARS
252.227-7013). SilverPlatter Information Inc., 100 River Ridge Drive,
Norwood, MA 02062.
8. CONTACTS
COLUMBIA UNIVERSITY
PRIMARY CONTACT:
Elizabeth Fish
Geology/Geoscience Librarian
Geology Library
601 Schermerhorn
Columbia University
New York, NY 10027
ef109@columbia.edu
voice: 212-854-6767
914-365-8808
TECHNICAL CONTACT:
Stephen Davis
Director of Library Systems
219M Butler Library
Columbia University
New York, NY 10027
daviss@columbia.edu
voice: 212-854-8584
SILVERPLATTER
EMAIL
General information: info@silverplatter.com
Technical support: support@silverplatter.com
POST
SilverPlatter Information, Inc.
100 River Ridge Drive
Norwood, MA 02062 USA
PHONE
Voice: 617-769-2599
Voice: 800-343-0064 (US/Canada)
Fax: 617-769-8763
9. SIGNATURES
Accepted and agreed to by:
PURCHASING INSTITUTION
Authorized Signature _______________________
Title ____________________________________
Date ____________________________________
SILVERPLATTER INFORMATION, INC.
Authorized Signature _______________________
Title ____________________________________
Date ____________________________________