User represents that he or she is currently enrolled as a student or is employed as a member of the faculty, administration or staff (“Personnel”) of an academic institution (“Academic Institution”) that subscribes to Campus Research or is a “walk-in” patron at the Academic Institution’s library or libraries.
2. License. a. Grant.
User is granted by West, a Thomson business (“West”) a non-exclusive, non-transferable, limited license to access Campus Research, which consists of various West-owned and third party databases, services and functions (collectively “Features”) that may change from time to time. User is licensed to access and use data made available on Campus Research (“Data,” which includes “Downloaded Data” as defined below),
solely for educational purposes directly related to User’s coursework at the Academic Institution or for scholarly research at the Academic Institution at which User is a student or is employed as Subscriber’s Personnel (“Educational Purposes”).
Any other use, including any use in connection with the employment or externship of User, if User is a student, is prohibited. Access to certain Features and databases may be restricted by West. The license includes the right to download and temporarily store insubstantial portions of Data (“Downloaded Data”) to a storage device under User’s exclusive control solely for Educational Purposes and to quote and excerpt from such Downloaded Data (appropriately cited and credited) by electronic cutting and pasting or other means in work product created by User in the regular course of his or her research. User may also create printouts of Data for personal use and for distribution to another party if such third parties agree not to further distribute the printouts. User may, on an occasional basis and via Campus Research functionality, direct West to transmit individual documents in electronic format to individual internal user(s) for Educational Purposes. User may, via Campus Research functionality, direct West to transmit West-proprietary documents (i.e., documents not licensed from third parties) in electronic format to individual internal user(s) or to a third party for Educational Purposes. Direct transmission of electronic copies by User with non-Campus Research applications is prohibited.
b. West Proprietary Data.
West grants a non-exclusive, non-transferable, limited license to User to store and use West-proprietary Downloaded Data (i.e., documents not licensed by West from third parties) in a searchable database maintained in connection with an ongoing project of the user (“Project Database”). Such database must consist preponderantly of Users’ work product. The West-proprietary Downloaded Data may be maintained in the Project Database until the project becomes inactive or until User’s right to access Westlaw, Campus Research and campus.westlaw.com ends, whichever occurs first. Retention of Downloaded Data in a Project Database after the project ends, in an archival database as used as a research tool or in a database accessible to external users is prohibited. West further grants to User a limited, non-exclusive, non-transferable license to include West-proprietary Downloaded Data in User’s academic writings prepared during the course of User’s regular curriculum. Any further distribution is prohibited without written permission of West. West-proprietary Downloaded Data included in such writings must retain West copyright notices and indicate that any use of, or distribution and dissemination of the writing, is with the permission of West.
d. Rights in Campus Research.
3. Reservation of Rights.
4. Usage Restrictions.
5. Disclaimer of Warranties and Limitation of Liability.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CAMPUS RESEARCH IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. IN NO EVENT SHALL WEST OR CONTRIBUTORS BE LIABLE TO USER FOR ANY CLAIM(S) RELATING IN ANY WAY TO (i) USER’S INABILITY OR FAILURE TO PERFORM RESEARCH OR RELATED WORK OR TO PERFORM SUCH WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY WEST, OR ITS CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON DATA; (ii) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER’S RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE, CAMPUS RESEARCH, EVEN IF WEST OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (iii) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING OR DELIVERING DATA. FURTHER, WEST SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY FEATURE. NEITHER WEST NOR CONTRIBUTORS MAKE ANY WARRANTY THAT ACCESS TO CAMPUS RESEARCH WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE. NOR DOES WEST MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL OR THIRD PARTY WEB SERVICE. USER ACKNOWLEDGES THAT PROVISION OF CAMPUS RESEARCH ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA.
6. Limitation of Claims.
Except for claims relating to improper use of Campus Research, no claim, regardless of form, which in any way arises out of User’s access to Campus Research may be made, nor action based upon such claim, more than one year after the basis for the claim becomes known.
All notices to West must be given in writing to West Publishing Corporation, at 610 Opperman Drive, P.O. Box 64833, St. Paul, Minnesota 55164-0833, Attention: Customer Service.
West may terminate User’s right to access and use Campus Research at any time.
9. General Provisions.