Welcome to The Yale Digital Edition of The Works of Samuel Johnson (the “YALE JOHNSON”), a Software-as-a-Service (SaaS) digital archive making available the writings of Samuel Johnson in a digital edition that includes the original writings, edited texts and annotations. The YALE JOHNSON is based on the Works of Samuel Johnson published by Yale University Press (“Publisher”). Through the YALE JOHNSON, Publisher seeks to provide access to relevant materials and content which have heretofore been difficult to access, enable users to digitally navigate and annotate this content, and provide collaboration tools.
1.1 These Terms and Conditions of Service shall apply to your use of the YALE JOHNSON. By using the YALE JOHNSON, you are agreeing to these Terms and Conditions of Service. Where applicable, these Terms and Conditions of Service apply to individuals and institutions accessing the YALE JOHNSON.
2. Authorized Users
2.1. Access to the YALE JOHNSON is available for “Authorized Users” meaning: any individual user above the age of 13 or institution with access to the Internet and this IP address who access or use the YALE JOHNSON.
3. The Content
3.1. “Licensed Content” means scanned images and related digitized text from “The Yale Edition of the Works of Samuel Johnson” series published by Publisher.
3.2. “User Generated Content” means content available on the YALE JOHNSON that is posted by any user of the YALE JOHNSON other than the Publisher and which may include notes, annotations, bookmarks, tags, invitations to groups and discussion forum comments.
4. Permitted Uses
4.1. Your use of Content is limited to non-commercial purposes. As a user or subscriber you are permitted to:
(a.) search, view, retrieve, and display portions of Content
(b.) electronically save portions of Content; and/or
(c.) print out single copies of portions of Content
4.2. To reproduce multiple copies for the classroom or publish Content from the YALE JOHNSON, you must request permission from Yale University Press or such organization as it appoints.
5. Responsibilities of Authorized Users
5.1. You are responsible for maintaining the confidentiality and security of your username and/or password (if such are provided), and for all usage or activity by them of the YALE JOHNSON. Except as permitted for certain Content, you may not provide access to the YALE JOHNSON to anyone else, including by setting up an anonymous remailer for purposes of allowing access to the YALE JOHNSON.
5.2. You promptly shall notify the Publisher at email@example.com of any known or suspected unauthorized use(s) of your account or the YALE JOHNSON, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of your username, password, and/or IP address. Any use of the YALE JOHNSON beyond the scope or in violation of these Terms and Conditions of Service, knowing use of any password or username of another, or any fraudulent, abusive, or otherwise illegal activity, may be grounds for termination of an account, or termination of access to the YALE JOHNSON from an IP address, without notice and at the Publisher's sole discretion.
5.3. Where you are able to submit material and/or post comments to the YALE JOHNSON, you will use YALE JOHNSON in a responsible, professional manner in accordance with the law. You are responsible for your conduct while using the YALE JOHNSON, as well as for any content you post, distribute, transmit, or solicit from others while using it. You will not use the YALE JOHNSON in such a way as to distribute, link-to, transmit or solicit any content of any type that:
(a.) is knowingly false or includes misleading indications of origin or statements of fact;
(b.) is unlawful, libelous, violates a contract, or regulation;
(c.) is obscene, harmful to minors, pornographic, invasive to another's privacy, racist, unethical, or otherwise offensive;
(d.) advocates or solicits criminal behavior, violence or racism;
(e.) infringes on someone's intellectual property rights, copyright, or other right;
(f.) constitutes unauthorized or unsolicited commercial communications such as advertising or bulk or SPAM email;
(g.) contains any computer code designed to disrupt, damage or impair any computer or network systems and software, such as viruses, trojans, back doors, or macros, whether or not any damage occurs;
(h.) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information; or
(i.) defaces the YALE JOHNSON in any way.
5.4. You acknowledge and agree that any material that you submit or comment that you post to the YALE JOHNSON may be edited, removed, modified, and/or published by the Publisher without notice. You agree to indemnify and hold the Publisher harmless from any and all liability and costs incurred in connection with any claim arising out of your breach of the foregoing representations and warranties. You will cooperate as fully as reasonably required in the defense of any claim. Publisher reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
6. Responsibilities of the Publisher
6.1. The Publisher will use reasonable efforts to provide continuous availability of the YALE JOHNSON, subject to periodic unavailability due to maintenance of the server(s), the installation or testing of software, the loading of the YALE JOHNSON Content as it becomes available, and downtime related to equipment or services outside the control of the Publisher, including public or private telecommunications services or internet nodes or facilities ("Maintenance Downtime").
7. Prohibited Uses
7.1. Users shall not be permitted to:
(a.) rent, sell, assign, sublicense, or otherwise grant rights in, publish, disclose or otherwise transfer or distribute the materials or information about the design or functionality of the YALE JOHNSON to any third party without prior written consent of Publisher;
(b.) attempt to override, circumvent, or disable any encryption features or software protections employed in the YALE JOHNSON;
(c.) incorporate Content into any publicly available database or website;
(d.) systematically print out or download Licensed Content in bulk to stock or replace print holdings, or download Licensed Content in a manner that results in the User essentially reproducing on his or her computer all or any substantial portion of the YALE JOHNSON or any individual component thereof;
(e.) modify, obscure, or remove any copyright notice or other attribution included in the Content;
(f.) undertake coordinated or systematic activity between or among one or more individuals and/or entities that, in the aggregate, constitutes distributing a significant portion of the Content.
(g.) use any content on the Website whether restricted content or otherwise for any commercial use.
8. Intellectual Property Rights.
8.1. General Intellectual Property Rights. The Publisher and any trademarks, issued patents and patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other intellectual property rights (collectively, "Intellectual Property") belonging to Yale and or relating to the YALE JOHNSON are proprietary to Yale and Publisher. By using or accessing the YALE JOHNSON, Authorized Users have no intellectual property or other rights in the YALE JOHNSON implied or otherwise.
8.2. Credit. Any permitted use by Authorized Users requires appropriate credit and attribution to the YALE JOHNSON as published by Publisher.
9.1. The YALE JOHNSON uses software and other electronic tools designed to permit Authorized Users to access, use, reproduce, display, and distribute Content ("Access Software"). Use of the Access Software and its related documentation is limited to the license granted herein. Users may not copy, distribute, modify, decompile, reverse engineer, circumvent, override or disable encryptions or other protections in, or create derivative works from the Access Software.
10. Warranties and Disclaimers
10.1. Authorized Users recognize that Publisher is an aggregator of third-party Content, not the creator of the Content. Publisher represents and warrants under the laws of the United States that to its knowledge use of the YALE JOHNSON and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Authorized Users or by any third party, nor usage of the YALE JOHNSON or Content by Authorized Users in violation of these Terms and Conditions of Service. Please note that the foregoing further will not apply to certain collections of Content.
10.2. Publisher will not be liable, and Authorized Users agree that they will not hold Publisher liable for any loss, injury, claim, liability, damages, costs, and/or attorney’s fees of any kind that result from the unavailability of the YALE JOHNSON or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with an Authorized Users' use of the YALE JOHNSON or Content. If the YALE JOHNSON fails to operate in conformance with the terms of this Agreement, Authorized Users will immediately notify Publisher, and, subject to Section 9.1 above, Authorized User’s sole remedy will be to request repair of the nonconformity or to cease using the YALE JOHNSON. In no event will Publisher have any liability to an Authorized User. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE YALE JOHNSON, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND PUBLISHER AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO YALE JOHNSON, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PUBLISHER AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER VIRUS, EXCEPT THAT PUBLSIHER WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. PUBLISHER AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO ANY ERRORS OR OMISSIONS IN THE CONTENT, LIABILITY UNDER LIBEL LAWS, INFRINGEMENT OF RIGHTS OF PUBLICITY AND PRIVACY, MORAL RIGHTS, OR THE DISCLOSURE IN THE CONTENT OF CONFIDENTIAL INFORMATION AND FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTY WITH RESPECT TO ANY CLAIMS AND/OR THREATENED CLAIMS (INCLUDING INTELLECTUAL PROPERTY RIGHTS CLAIMS AND/OR THREATENED CLAIMS) RELATING TO: LINKS BETWEEN THE YALE JOHNSON AND OTHER SITES AND/OR THE CONTENT ON SUCH LINKED SITES; ADAPTATIONS AND/OR MODIFICATIONS OF CONTENT; ANY AND ALL USES, REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS THAT EXCEED THE PERMITTED USES (WHETHER PERMITTED BY LAW OR OTHERWISE); AND/OR ANY USE(S), REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS MADE OF CONTENT (PRINTED OR EXPORTED) AFTER THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
11. Withdrawing Content from YALE JOHNSON.
11.1. Publisher may withdraw Content from YALE JOHNSON for good cause shown. Publisher would endeavor, to the extent practicable, to minimize any inconvenience to Authorized Users caused by such withdrawal by, for example, seeking to withdraw Content only at the conclusion of an academic semester. However, should Publisher be unable to avoid such inconvenience, Publisher in no way will be held liable for the withdrawal of such Content from the YALE JOHNSON.
13. Force Majeure.
13.1. Publisher shall not be liable for failures or delays in performing its obligations hereunder as a result of any cause beyond its control, including but not limited to, act of God, acts of civil or military authority, terrorism, fires, strikes, lockouts or labor disputes, epidemics, wars, riots, earthquakes, storms, typhoons and floods and in the event of any such delay, the time for either party's performance will be extended for a period equal to the time lost by reason of the delay.
14.1. These Terms and Conditions of Service shall be governed and interpreted by the laws of the State of Connecticut without regard to conflict of law rules. User hereby consents to the exclusive jurisdiction of the state and federal courts of Connecticut for any dispute arising out of this Agreement.
14.2. If any provision or provisions of these Terms and Conditions of Service will be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions will not be in any way affected or impaired thereby. A waiver of any breach of these Terms and Conditions of Service will not be deemed a waiver of other breaches of these Terms and Conditions of Service.
14.3. These Terms and Conditions of Service are subject to change. In the interest of managing the evolving needs of Authorized Users, the Publisher reserves the right to modify these Terms and Conditions, or any aspect of the YALE JOHNSON, at any time. The most updated version of these Terms and Conditions of Service will be posted on the YALE JOHNSON website.
14.4. Use of YALE JOHNSON content and participation in YALE JOHNSON may be terminated for failure to comply with any terms of this Agreement or for any reason at Publisher’s discretion. Users may terminate their participation in the YALE JOHNSON by notifying Publisher at firstname.lastname@example.org. Upon termination, Users will immediately cease using and delete or destroy all electronic and paper copies of YALE JOHNSON content. User’s account will be terminated, and all associated content (e.g., annotations, saved searches, etc) will be deleted.
15. Entire Agreement
This Agreement constitutes the complete and exclusive agreement between you and Publisher with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
Effective Date: May 1, 2014