To Access the BNA database:
1. Please read the terms below
2. Use the on campus link
This License Agreement is between THE BUREAU OF NATIONAL AFFAIRS, INC., 1231 25th Street, N.W., Washington, D.C. 20037, and/or a wholly-owned subsidiary of BNA including TAX MANAGEMENT INC., and BNA INTERNATIONAL, INC., referred to collectively as “,” and the licensee, Providence College (“”).
This Agreement sets forth the terms and conditions applicable to Licensee’ access to, and use of, the BNA publications listed on the Order Form (referred to as “ Materials”), including all databases, software, and/or materials contained within the Licensed Materials and accompanying documentation and/or manuals.
Access to and/or use of the Licensed Materials will constitute acceptance of all terms and conditions. If you do not agree with the terms and conditions stated herein, immediately contact BNA to discontinue access (Licensee Relations, telephone: 1-800-372-1033, e-mail: customercare@bna.com).
1. License. Licensee has purchased the type of license specified in the Order Form (or may have access to the Licensed Materials under an agreement with a third party information provider, the terms of which are incorporated herein). BNA grants to Licensee a non-exclusive, non-transferable, limited right to access and use the Licensed Materials according to the terms and conditions of this Agreement. This license shall be effective during the term of Licensee’s subscription to the Licensed Materials as set forth on the Order Form (or, if access is authorized under an information provider agreement, during the term of such agreement), and during any subsequent renewal terms. Licensee is solely responsible for selecting, purchasing, installing and maintaining the equipment and other software necessary to use the Licensed Materials.
2. Licensee. The terms and conditions of this Agreement shall apply to Licensee and each Authorized User. Licensee will use best efforts to inform all Authorized Users of the terms and conditions of this Agreement. Licensee will cooperate with any investigation into possible breach of terms and conditions of use.
3. Authorized Users. The term “Authorized Users” shall include full-time and part time, current, or visiting members of the faculty, library staff and currently enrolled students, who are permitted to access the Licensee’s secure computer network system (“Network”), regardless of physical location of such person(s). Authorized Users shall also include other persons, e.g., walk-ins, who are permitted to use the Licensee’s library and access the Network from computer terminals located on the library premises. Licensee shall use reasonable efforts to limit use to such authorized persons as are registered with the university’s library system.
Licensee shall notify all Authorized Users of the terms of this License Agreement through a LINK TO A BNA-SUPPLIED ELECTRONIC COPY OF THESE TERMS AND BY INFORMING ALL AUTHORIZED USERS OF THE EXISTING LINKS TO BNA’S STANDARD ELECTRONIC LICENSE THAT ARE LOCATED AT THE BOTTOM OF THE HOME PAGES OF ALL ELECTRONIC PRODUCTS. The license terms will be considered accepted when the Authorized User clicks on a specific button to access and display the publication.
4. Copyright.
a. The Licensed Materials contains proprietary material of BNA that is protected by copyright and other laws respecting proprietary rights. The Licensed Materials also may contain similarly protected licensed proprietary material of NextPage, American Medical Association or other suppliers (“Licensors”). BNA retains all rights in the Licensed Materials, including (without limitation) all copyright and other proprietary rights worldwide in all media. Licensee and all Authorized Users may not use the Licensed Materials except as expressly permitted under this Agreement, the BNA Copyright Guidelines, and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the Licensed Materials is expressly prohibited other than agreed upon in this contract. On or before the subscription start date, BNA agrees to make the BNA Copyright Guidelines available to all Authorized Users within the organization through its website, http://www.bna.com/corp/copyright. BNA reserves the right to revise the BNA Copyright Guidelines at any time.
b. Authorized Users may access the Licensed Materials for their individual use, i.e., may view the Licensed Materials on screen; may download or save the Licensed Materials to a computer disk for individual convenience and later reference; and may print paper copies for individual, educational, or research use only. If BNA is properly credited, Authorized Users may, on an occasional basis, reproduce and use small portions of material in the Licensed Materials for internal or interoffice use, coursework for educational or research use, court filings by student legal clinics and/or classroom use as provided for under United States copyright law fair use provisions. Unless otherwise authorized by BNA, any routine or systematic distribution of any portion of the Publications(s) is strictly prohibited.
c. The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the Licensed Materials or materials contained therein. No part of the Licensed Materials may be duplicated in any medium or format beyond the expressterms of this Agreement without prior written authorization from BNA, 1231 25th St., N.W., Washington, D.C. 20037, Attention: Permissions Manager (e-mail: permissions@bna.com). Nothing in this license shall exclude, modify or affect any of the licensee rights under the U.S. copyright law.
d. The Licensed Materials may be used for purposes of research, education or other non-commercial use as follows:
Display . Licensee and Authorized Users shall have the right to electronically display the Licensed Materials.
Digitally Copy. Licensee and Authorized Users may download and digitally copy the Licensed Materials as permitted under section 6.a. of this Agreement.
Print Copy. Licensee and Authorized Users may print the Licensed Materials as permitted under section 6.a. of this Agreement.
Recover Copying Costs. Licensee may charge a reasonable fee to cover costs of copying or printing portions of Licensed Materials for Authorized Users.
Archival/Backup Copy. Upon request of Licensee, Licensee may receive from Licensor and/or create one (1) copy of the entire set of Licensed Materials for the sole purpose of maintaining an archival copy of the Licensed Materials.
Course Packs. Licensee and Authorized Users may use a reasonable portion of the Licensed Materials in the preparation of Course Packs.
Electronic Reserve. Licensee and Authorized Users may use a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction offered by Licensee.
Electronic Links. Licensee may provide electronic links to the Licensed Materials from Licensee’s web page(s), and is encouraged to do so in ways that will increase the usefulness of the Licensed Materials to Authorized Users.
Caching. Licensee and Authorized Users may make such local digital copies of the Licensed Materials as are necessary to ensure efficient use by Authorized Users by appropriate browser or other software.
Scholarly Sharing. On an occasional basis, Authorized Users may transmit to a third party colleague in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials for personal use or scholarly, educational, or scientific research or professional use but in no case for re-sale, broad distribution, or on a routine or systematic basis. In addition, Authorized Users have the right to use, with appropriate credit, figures, tables and brief excerpts from the Licensed Materials in the Authorized User’s own scientific, scholarly and educational works.
Interlibrary Loan. Licensee may fulfill requests from other institutions, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC § 108, “Limitations on exclusive rights: Reproduction by libraries and archives”) and clause 3 of the Guidelines for the Proviso of Subsection 108(g)(2) prepared by the National Commission on New Technological Uses of Copyright Works. Licensee agrees to provide the copy in print form and not electronically.
Licensee acknowledges that the Licensed Materials are highly proprietary in nature and that unauthorized copying, transfer or use may cause BNA or its licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. Licensee agrees that any breach of this Agreement by Licensee, or any subscriber or Authorized User, may be enforced by BNA by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
e. The Licensed Materials may incorporate the search and retrieval software “Views” and/or the Internet display software “siteDirector.” Views and siteDirector are proprietary products of NextPage, which has made its software available under license to BNA. Use of Views and siteDirector is subject to all terms and conditions in this Agreement. (Some Licensed Materials also may include Physicians’ Current Procedural Terminology, Fourth Edition (“CPT”) under copyright of the American Medical Association (AMA”). All notices of proprietary rights, including trademark and copyright in CPT, must appear on all permitted copies of CPT or portions thereof made by Licensee under this license. Future updated versions of CPT are dependent upon continuing contractual relations between BNA and AMA. Responsibility for any National Correct Coding Policy included in the Licensed Materials is with the Health Care Financing Administration and no endorsement by the AMA is intended or should be implied.)
5. Restrictions.
a. Licensee may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in the Licensed Materials in any manner whatsoever that may infringe any copyright or proprietary interest of BNA or its licensors; distribute the information contained in the Licensed Materials to other users not duly authorized to receive the Licensed Materials; distribute, rent, sublicense, lease, transfer, assign or otherwise make commercial use of the Licensed Materials or Agreement; decompile, disassemble, or otherwise reverse-engineer this Licensed Materials, or alter, translate, modify, or adapt it to create derivative works. The use of “framing” or other means of redirecting content is specifically prohibited by the foregoing. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
b. Except as expressly permitted under this Agreement, Licensee is expressly prohibited from placing or installing any portion of the Licensed Materials on any electronic media, including, but not limited to, individual desktop computers, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet enabled, without written authorization by BNA.
c. Unauthorized Use. Licensee shall not knowingly permit anyone other than Authorized Users to use the Licensed Materials.
d. Modification of Licensed Materials. Licensee shall not modify or create a derivative work of the Licensed Materials without the prior written permission of Licensor.
e. Removal of Copyright Notice. Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials.
f. Commercial Purposes. Licensee may not use the Licensed Materials for commercial purposes, including, but not limited to, the sale of the Licensed Materials or bulk reproduction or distribution of the Licensed Materials in any form.
6. Licensee Performance Obligations
a. Provision of Notice of License Terms to Authorized Users. Licensee shall provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Materials is granted under this Agreement including, in particular, any limitations on access or use of the Licensed Materials as set forth in this Agreement.
b. Protection from Unauthorized Use. Licensee shall use reasonable efforts to protect the Licensed Materials from any use that is not permitted under this Agreement. In the event of any unauthorized use of the Licensed Materials by an Authorized User, Licensor may terminate such Authorized User’s access to the Licensed Materials, …
7. Limited Warranty.
Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials and that it has obtained any and all necessary permissions from third parties to license the Licensed Materials. Except for the express warranties stated herein, the Licensed Materials are provided on an “as is” basis, and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, accuracy, completeness, currency, performance, merchantability or fitness for a particular purpose. BNA DOES NOT WARRANT THAT THE LICENSED MATERIALS ARE ERROR-FREE IN CONTENT. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party.
8. Indemnification
The Licensee agrees to indemnify, defend and hold BNA harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against BNA related to or in any way connected with any use of the Licensed Materials by the Licensee or any failure by the Licensee to perform its obligations in relation to this License, provided that nothing in this License shall make the Licensee liable for breach of the terms of the License by any Authorized User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach to continue after becoming aware of an actual breach having occurred.
End of Required Terms and Conditions
Page revised for On Campus Use only 14 February 2005
