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 ____________________________________