DCSIMG

Terms and Conditions

Effective July 22, 2010

AS AN AUTHORIZED USER OF THE KNOVEL SERVICE, THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE KNOVEL® SERVICES AND PLATFORM AND THE COPYRIGHTED MATERIALS AVAILABLE THEREIN (“CONTENT”).  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. BY ACCESSING THE KNOVEL SERVICE YOU AGREE TO THE FOLLOWING TERMS OF USE, AND ALL SUBSEQUENT MODIFICATIONS TO THIS DOCUMENT.

I. GENERAL

1. Scope

(i) Authorized Users may search, view, and browse the Knovel Service


(ii) Authorized Users may use the Knovel Service only for their internal use which includes academia, work-related, or personal research.  The Knovel Service and/or Content may not be used for commercial gain. For clarification, the term “commercial gain” refers to obtaining compensation from a third party in connection with the sale, resale, loan, license, sublicense or other transfer of the Knovel Service and/or Content. Commercial gain is expressly prohibited in this Agreement.

(iii) Knovel recommends that Authorized Users limit printing or downloading activity to roughly no more than 10% or 25 pages per title, whichever the smaller quantity, subject to Section 2 below.

(iv) Knovel may suspend or terminate an Authorized User’s access to the Knovel Service at its discretion should it identify an excessive amount of downloading or printing activity. 

2. Copyrights

(i) Unless otherwise noted, Knovel is an authorized licensee of the Content contained on the Knovel Service. The Content is the property of its respective copyright holder. Authorized Users wishing to reprint or reuse portions from Content should consult with the respective copyright holder.  This information is found at the top of the first page of each file or under “Title Details.”

(ii) All use of Content is subject to U.S. or applicable copyright laws. Uses beyond that allowed by the "Fair Use" limitations of the U.S. Copyright Act of 1976 (17 U.S.C. § 107) require permission of the copyright holder of the Content. For further information regarding fair use, you may visit http://www.copyright.gov/title17/92chap1.html#107

(iii) All use of Content is subject to the Usage Restrictions outlined under the Section II, “Terms of Use”, below.

(iv) Any other use, including the reproduction, modification, distribution, transmission, republication,  rehosting, tampering, framing, or embedding of the Knovel Platform, or any commercial use whatsoever of the Knovel Service, is strictly prohibited without Knovel’s prior written consent. Individuals may not post, modify or create a derivative work of the Content obtained from the Knovel Service without prior, express written consent from the copyright holder of the Content.

(v) Failure to comply with the foregoing restrictions and unauthorized duplication of any portion of Knovel Licensed Product or any material found on Knovel are violations of applicable copyright laws and may be subject to criminal prosecution and civil penalties.


3. Proper Citations and Attribution:

Any uses and/or copies of Content from the Knovel Service, in whole or in part, must include the proper bibliographic citation, including author attribution, full title of the work, original Publisher of the work, copyright date, and the copyright notice.

 

II. TERMS OF USE / PROHIBITED BEHAVIOR

 

1. Knovel Accounts / Non-Transferable Rights

(i) Personal accounts and/or passwords may not be shared.  Please report unauthorized use to your Knovel administrator as soon as possible.

(ii) Authorized Users cannot rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted by Knovel to the Subscriber.

2. Copyright Notices

You agree not to remove, obscure or modify any Copyright notices, other notices, or disclaimers included in Content.

3. Derivative Works / Alternations

You agree not to modify, adapt, transform, translate, or create any derivative work based on the Content, or otherwise use same in a manner that would infringe the copyright or other proprietary rights therein.

4.  Plagiarism

You agree not to misuse the Knovel Service to plagiarize or represent the work of others as its own.

5. Unlawful Use

You agree to use the Knovel Service for lawful purposes only. You agree not to facilitate or encourage any unlawful act by others. You agree not to post or transmit through our site any material that (i) violates or infringes in any way upon the rights of others, including any individual’s publicity rights, (ii) may be considered threatening, abusive, defamatory, vulgar, obscene, profane, or otherwise objectionable or unlawful (iii) is an invasive of privacy or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.

6. Reverse Engineering/Decompilation

You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, content or materials downloaded from or made available through the Knovel Service. You agree not to use programs, scripts, code or other available methods to download or view multiple pages of Content on Knovel in an automated fashion.  You agree to not use robot, spider, scraper, or other automated means to access the Knovel Service for any purpose or bypass any measures Knovel may use to prevent or restrict access to the Knovel Service.  You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Knovel may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors and its other licensors.

7. Uploading/Downloading Restrictions

(i)     Downloading from the Knovel Service. You agree not to save or upload materials from the Knovel Service on any other storage device or prohibited File Hosts on on-line servers including but are not limited to RapidShare, Scribd, MediaFire, and MegaUpload.
(ii)     Uploading to the Knovel Service.

  1. When utilizing any of the personalization tools from the Knovel Service, you agree not to upload, post, share or otherwise make available on this service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.  For more information, please refer to section III.
  2. When utilizing any of the personalization tools from the Knovel Service, you agree not to post or transmit through our site any material that is threatening, abusive, defamatory, vulgar, obscene, profane, or otherwise objectionable or unlawful, nor any material that is an invasive of privacy or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.

8. Trademarks, Copyrights, and Other Intellectual Property Rights

(i)    You acknowledge and agree that all Content and services available through the Knovel Service and Knovel Platform are property of Knovel and its licensors and suppliers and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the United States and internationally. You also agree not to use the service for other than the permitted purposes described herein without the express written consent of Knovel or the proprietary rights owner.
(ii)    "Knovel," and all Knovel logos are registered trademarks of Knovel Corporation. “K-News” is Knovel trademark. All other trademarks used on this Web site are the trademarks of their respective owners.

9. Prohibited Uses Specific to Personalization Features

You agree:
(i)     not to use the Knovel Service and the Knovel Platform for any purposes other than to disseminate or receive original or appropriately licensed content;
(ii)    not to impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Knovel accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Knovel Platform, or perform any other similar fraudulent activity;
(iii)    not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Knovel Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, and informational announcements;
(iv)     not to use the Knovel Service, including any tool or feature within the personalization area for any illegal purpose or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

10. Knovel reserves the right to monitor site use to identify and respond to violations of these terms of use (“Terms”).  You understand that violations of these Terms may subject you to civil and/or federal legal penalties and that Knovel may pursue such penalties to the full extent of the law to protect its rights and the rights of its licensors, including but not limited to authors and publishers. Knovel reserves the right to temporarily or permanently disable access to the Knovel Service by log in credentials or from a single or a range of IP addresses in order to stop misuse of the Knovel site.

 

III. IMPORTANT INFORMATION REGARDING COPYRIGHT INFRINGEMENT

 

1. Digital Millennium Copyright Act (DMCA)

Knovel respect all intellectual property and expect all Authorized Users to do the same. If you have reason to believe that a Knovel User is violating your copyrights or is using the Knovel Service to make available to others unlawful content, please send Knovel a Notice of Claimed Infringement (“Notice”).  All Notices must include the following information:

1. A physical or electronic address of the person authorized to act on behalf of the owner of the copyrighted work or other intellectual property in question;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. The link to where the material that you claim is infringing is located on the Knovel Service;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice of Claimed Infringement is accurate and under penalty of perjury, that you are either the copyright or intellectual property owner, or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


You may send your Notice to: Director of Contracts at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

2. Notice to Alleged Infringer and Takedown Procedure

Knovel reserves the right at any time to block access or deactivate the sharing capability to an Authorized User’s personal workspace upon receipt of any such Notices.  Knovel also reserves the right at any time to disable access to any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.

 

IV. DISCLAIMERS AND WARRANTIES

 

1. The Knovel Platform and Knovel Services are under development and changes may be made at any time.

2. There is no guarantee that the information contained in the Knovel version of a particular book or other publication is identical to the print version.

3. Knovel will use reasonable efforts to ensure the Knovel Service is accessible on a 24-hour per day, 7-day per week basis, subject to downtime for maintenance purposes.  There can be no assurances, however, that access will be available at all times, or uninterrupted. Access to the Knovel Service may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • overload of system capacities;
  • damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  • interruption (whether partial or total) of power supplies or other utility of service;
  • strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Knovel Corporation.

4. IN NO EVENT SHALL KNOVEL NOR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF PROFITS, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE KNOVEL SITE.

5. Although Knovel believes the licensed content of third parties to be reliable, Knovel does not warrant or guarantee the timeliness, sequence, accuracy or completeness of the Licensed Products, or that it will be error-free or trouble-free. The ONLINE VERSION OF THE TEXTS PROVIDED ON KNOVEL ARE PROVIDED "AS IS” WITHOUT WARRANT OR GUARANTEE, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, OF ITS ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  USE OF THE KNOVEL SERVICE IS AT THE USER'S OWN RISK.

6. Knovel has no editorial control over Licensor’s Content. KNOVEL NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT CONTAINED IN THE CONTENT AVAILABLE THROUGH THE KNOVEL SERVICE. IN THESE INSTANCES, KNOVEL HAS NO OBLIGATION TO UPDATE THE INFORMATION CONTAINED IN THE ONLINE VERSION TO CORRECT ERRORS OR OTHERWISE OFFER THE MOST CURRENT EDITION.

7. Though Knovel will endeavor to inform its Authorized Users of all changes to the Knovel Service, Knovel may add or delete Content from the Knovel Service without notice.

8. Knovel respects the intellectual property rights of all individuals, businesses, and organizations.  To the best of its ability, Knovel obtains proper authorization from copyright holders prior to adding new content to the site.

9. Knovel may provide links to third-party websites. Where such links exist, Knovel disclaims all responsibility and liability for the content of such third-party websites. If you choose to link to a Website not controlled by Knovel, Knovel makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Knovel warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Links to third-party websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. Authorized Users assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on such websites.

10. Knovel reserves the right to monitor Authorized User behavior to determine compliance with the terms of this Agreement and those of our other policies (e.g., our Privacy Policy and original License Agreement with affiliate).

 

V. Institutional Use

 

If a government agency, university, or other institution has licensed the use of the Knovel Service on your behalf, your use of Knovel is also governed by the terms of your institution's written agreement with Knovel. In cases of conflict, your institution's agreement will prevail. Consult your institution for more information.