Subscription Agreement

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1 The Database for the History ofcontempqrary Chinese Politicql Movements Subscription Agreement 181 The Chinese Political Campaigns in the 1950s: From Land Reform to the State-Private Partnership ( ) Database (Please check box(s) whichever applicable) (Hereinafter referred to as the "Database") Please read this agreement ("Agreement") carefully before submitting your application for subscription. This Agreement is a legal agreement between UC San Diego ("Licensee") and The Centre for Modem China Studies (The Editorial Board of the Databases), 9500 Gilman Dr. Jolla, CA , USA ("Licensor") with regard to your subscription for the Databases listed above that are hosted in Universities Service Centre for China Studies of The Chinese University of Hong Kong (USC). La Licensee hereby applies to access or to establish a connection to the USC Web Site ("Site"). 1. ACKNOWLEDGMENTS AND ACCEPTANCE OF TERMS Licensee may access the Site in accordance with the terms and conditions of this Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in this Agreement shall not apply. 2. DESCRIPTION OF SERVICE 2.1 Licensor allows Licensee to access the Databases via the World Wide Web. Licensee must: (1) Provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web. (2) Provide for his/her own access to the World Wide Web and pay any telephone and/or connection service fees associated with such access. 2.2 This Agreement applies solely to Licensee and its Authorized User~. Authorized users shall consist of persons valid ID holders affiliated with the Licensee, including full- and part-time employees (including faculty, staff, and independent contractors) and students of. Licensee and the institution of which it is a part, regardless of the physical location of such persons, and patrons not affiliated with

2 The Datqbase for the Htstorv ofcontemoorary Chinese Po/Uical Movements Licensee who are physically present at Licensee's site ("Walk-in Users"). (1) Proxy Servers are eligible for use by faculty (pennanent or visiting), students, and staff members of the Licensee only. (2) There is no sub-license through Proxy Servers. (3) Login system has to be installed on a Proxy Server. Licensee shall be responsible for undertaking reasonable measures to prevent access by unauthorized persons to its authorized IP addresses, and shall be responsible for tenninating any unauthorized access of which it has actual notice or knowledge. 3. AUTHORlZED USES Licensee and Authorized Users may make all use of the Database as is consistent with the United States Copyright Act of 1976 as amended (17 U.S.C. 101, et seq.) including all limitations on and exceptions to exclusive rights as provided therein. In addition, the Database may be used for purposes of research, education or other non-commercial use as follows: 3.1 Display. Licensee and Authorized Users shall have the right to electronically display the Database. 3.2 Digitally Copy, Licensee and Authorized Users may download and digitally copy a reasonable portiort of the Database 3.3 Print Copy. Licensee and Authorized Users may print a reasonable portion of the Database as allowed by the basic Copyright Law in both Hong Kong and the United States. 3.4 Recover Copying Costs. Licensee may charge a reasonable fee to cover costs of copying or printing portions of Database for Authorized Users. 3.5 Caching. Licensee and Authorized Users may make local digital copies of the licensed materials in order to ensure efficient use by Authorized Users by appropriate browser or other software. However, it should follow the rule above under the section 3.2 "Digitally Copy." 3.6 Collections of Infonnation. Licensee and Authorized Users shall be pennitted to extract or use infonnation contained in the Database for educational, scientific, or research purposes, including extraction and manipulation of infonnation for the purpose of illustration, explanation, example, comment, 2

3 The Dqtqhase for the History ofcontemporary Chine re fo/iticql Movementy criticism, teaching, research, or analysis. 3.7 Course Packs. Licensee and Authorized Users may use a reasonable portion of the Database in the preparation of Course Packs or other educational materials. 3.8 Course Reserves (print and Electronic). Licensee and Authorized Users may use a reasonable portion of the licensed material for use in connection with specific courses of instruction offered by the Licensee. 3.9 Collections of Information. Licensee and Authorized Users shall be permitted to extract or use information contained in the licensed materials for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis Scholarly Sharing. Authorized Users may transmit to a third party in hard copy or electronically, minimal, insubstantial amounts of the licensed material for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercial purposes Text Mining. Authorized Users may use the licensed material to perform and engage in text mip.ing /data mining activities for legitimate academic research and other educational purposes. 4. UNAUTHORIZED USE 4.1 Unauthorized User. Licensee shall not knowingly permit anyone other than Authorized Users to use the licensed materials. 4.2 Modification of licensed materials. Licensee and Authorized Users shall not modify, manipulate, or create a derivative work of the licensed materials without the prior written permission of Licensor. Except as provided herein, Licensee agrees not to sub-license, rent, lease and loan, assign or transfer any rights granted by Licensor. Any attempt at such sub-license, rent, lease, loan, assignment or transfer is void. 4.3 Removal of Copyright Notice. Licensee and Authorized Users may not remove, obscure or modify any copyright or other notices included in the licensed materials. 4.4 Commercial Puruoses. Licensee and Authorized Users should not use the licensed 3

4 The Database for the History ofcontemnorarv Chinese Political Movements materials for commercial purposes, including but not limited to the sale of the licensed materials, fee-for-service use of the licensed materials, or bulk reproduction or distribution of the licensed materials in any form; nor may Licensee impose special charges on Authorized Users for use of the licensed materials beyond reasonable priitting or administrative costs. 5. CONFIDENTIALITY OF USER DATA Licensor and Licensee agree to maintain the confidentiality of any data relating to the usage of the licensed materials by Licensee and its Authorized Users. Such data may be used solely for purposes directly related to the licensed materials and may only be provided to third parties in aggregate form. Raw usage data, including but not limited to information relating to' the identity of specific users and/or uses, shall not be provided to any third party. 6. PERPETUAL ACCESS Notwithstanding anything else in this Agreement, Licensor hereby grants to Licensee a nonexclusive, royalty-free, perpetual license to use any licensed materials that were accessible during the term of this Agi:eement. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The means by which Licensee shall have access to such licensed materials shall be in a manner and form substantially equivalent to the means by which access is provided under this Agreement. In particular, upon request of Licensee, Licensee may receive from Licensor and/or create one CD version copy of the entire Database to be maintained as a backup or archival copy during the term of this Agreement, or as required to exercise Licensee's rights under this section. 7. CHANGES TO TERMS OF SERVICE This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or writt~n. No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee. All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within 21 days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies must be sent by mail or hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party. 4

5 The Database tor the History of Contemporary Chinese Political Movements MODIFICATIONS TO SERVICE Licensee understands that from time to \ime the contents of the Database may be added to, modified, or deleted from by Licensor and/or that portions of the Database may migrate to other formats. Licensor shall give prompt notice of any such changes to Licensee. 9. WARRANTIES Licensor warrants that it has the right to license the rights granted under this Agreement to use the Database, that it has obtained any and all necessary permissions from third parties to license the materials contained in the Database, and that use of the Database by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party. 10. DISCLAIMER OF WARRANTIES 10.1 Licensor does not warrant that the access.to the Site will be uninterrupted or error free Any statement, condition or warranty, express or implied, statutory or otherwise, as to the quality, merchantability, or suitability or fitness for any particular purpose of the Site is hereby excluded and Licensor shall not be liable to Licensee or any other persons for loss or damage (whether directly, consequentially, or incidentally) arising directly or indirectly in connection with the use of or the inability to use the Site. 11. INDEMNIFICATION Each party shall indemnify and hold the other harmless from any claim or demand, including reasonable attorneys' fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims, ll!tdpi:g i9eel that agtqing in this 'icense shatl make fhe I icengeg Iia9le f9r 8Feaeh: af tile 2 f.efftl8 gf the lieeege b~' '13' 6zl:KkgAl!ied I Iger prmrjded that the I jcensee djd not Sal:i88, kjlg":virgly assist er eon6aae tre contin 11 atii;m ef a11eh hreash ta serti~e atler becoming.awtlfe of mr actual breaeh ba1dng oset1p1e8.t The indemnifying party shall have the sole right to defend such claims at its own expense. The other party shall provide, at the indemnifying party's ei:cpense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request. This indemnity shall survive the 5

6 The Database for the Historv ofcontemporarv Chinese Political Movements termination of this Agreement. 12. TERMINATION 12.1 In the event that either party believes that the other has materially breached any obligations under this Agreement, or if Licensor believes that Licensee has exceeded the scope of the Agreement, such party shall so notify the breaching party in writing. The breaching party shau have 30 days from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within 30 days, the non-breaching party shall have the right to terminate the Agreement without further notice. i 12.2 In the event of early termination permitted by this Agreement, Licensee shall be entitled to a refund of any fees or pro-rata portion thereof paid by Licensee for any remaining period of the Agreement from the date of termination. P NOTICE All notices given pursuant to this agreement shall be in writing and shall be made either via or conventional mail. Licensor may publish notices or messages through the Site to inform Licensee of changes to the Site. In the event that Licensor requires Licensee to agree to terms relating to the use of the Database before permitting Authorized Users to gain access to the Database (commonly referred to as "click-through" licenses), or otherwise attempts to impose such terms on Authorized Users through mere use or viewing of the Database, Licensor shall provide Lieensee with notice of and an opportunity to comment on such terms prior to their implementation. In no event shall such terms materially differ from the provisions of this Agreement. In the event of any conflict between such terms and this Agieement, the terms of this Agreement shall prevail. 14. LAWS 14.1 Licensor's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Licensor in writing Licensee and Licensor agree that any cause of action arising out of or related to this Agreement must commence within two (2) years after the cause of action arose; otherwise, such cause of action is permanently barred The section titles in this Agreement are solely used for the convenience of the 6

7 The Database for the 1-lisrorv ofc011fe111porarv Chinese Political 1\1ove111e11/.\ parties and have no legal or contractual significance. Licensee Licensor The Center for Modern China Studies (The Editorial Board oft he Chinese Great Leap FonMrd-Great Famine Database and The Chinese Political Campaigns in the 1950s) Signature Signature Name: Date: ~ ( b ( f(,-7 Address: "!;)CJ O G7 i I W\ c.. V\ Dv. Name: Date: 2-l / 1 { ;z_,,..,, lk, Le.. Jo [\q 7