Terms and Conditions—Institutions
Institutional subscribers to The Chicago Manual of Style Online (CMOS) must sign a licensing agreement with the University of Chicago Press (“Press”)
This Agreement (“Agreement”) between a specified institution (“Licensee”) and the University of Chicago Press (“Press”) sets forth the terms and conditions under which Licensee’s Authorized Users will have access to The Chicago Manual of Style Online (“CMOS”).
This agreement does not confer to licensee any title, ownership, or copyright to CMOS or any portion thereof. All rights not expressly granted by this agreement are reserved by the Press and any third party from which the Press has licensed material for inclusion in CMOS.
1. Grant of Rights to Access
Subject to payment of the specified subscription fee and to the terms of this Agreement, the Press grants Licensee a non-transferable license of rights for Authorized Users to access CMOS during the specified term of subscription. Authorized Users are members of Licensee limited to research and teaching staff, whether permanent or visiting; employees; students; on-site users of the Licensee’s library and computer network facilities; and any person having lawful access to an IP address registered with the Press for this purpose.
2. Restriction of Unauthorized Use
Licensee is responsible for making all reasonable effort to prevent access by anyone other than Authorized Users, and is responsible for terminating any unauthorized access of which it has actual notice or knowledge. Licensee will not be held responsible for unauthorized use provided such use is without the express or implied consent of Licensee, Licensee promptly notifies the Press of any such use of which it becomes aware, and Licensee promptly takes all reasonable steps to terminate such activity.
Failure by Licensee to take prompt and reasonable steps to terminate unauthorized use upon notice from the Press of such activity or repeated usage violation may result in suspension or termination of access.
The Press reserves the right to deny access immediately if unauthorized use is detected or suspected. In such cases, denial of access will be limited to the extent practicable to the IP address from which the activity originated. The Press agrees to promptly notify the institution or Licensee of any denial of access, to cooperate with Licensee in terminating such activity, and to restore access to the affected IP address promptly upon successful resolution of the situation.
3. Disclaimers
The Press will have no liability for any loss or damage arising out of use or inability to use CMOS. The Press will have no liability for content submitted by users of CMOS. The Press makes no representations, warranties, or endorsements with respect to any third-party website that may be accessible through the CMOS website. The Press does not guarantee the accuracy or completeness of information contained in CMOS, or its merchantability or fitness for a particular purpose. Material may change at any time without notice. The Press does not guarantee that CMOS will be accessible in any particular hardware or software environment.
The Press will make reasonable efforts to ensure that CMOS is available on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring access as soon as possible.
4. Conditions Governing this Agreement
Both parties represent and warrant that each has all the rights necessary to enter into and perform this Agreement. The Press warrants that Licensee’s exercise of its rights according to the terms of this Agreement will not infringe the rights of any third party. Both parties agree to indemnify and hold the other harmless against any claim arising out of any breach of the terms of this Agreement.
Any delay or default by either party caused by conditions beyond its control including, but not limited to, Acts of God, government restrictions, wars, insurrections, strikes, fires, floods, power failures, work stoppages, or damage or destruction of any facilities or services, will not be considered in violation of the terms of this Agreement.
The specific terms of this Agreement and the business discussion relating to Licensee’s subscription to CMOS shall be held confidential, including information which is or should be reasonably understood to be confidential or proprietary to the discloser of the information. This confidentiality shall survive termination of the subscription. Version 5.0, November 2011.