University of Cambridge institutional repository TERMS OF USE

Acceptance

Access and use of the content made available in the University of Cambridge (the “University”) institutional repository, DSpace@Cambridge, Cambridge University Library, at the website http://www.lib.cam.ac.uk/repository (the “Site”) or any successor repository based at the University  (the “Repository”), is based on your acceptance of these Terms of Use and applicable law, which you are deemed to accept and agree to by using the Site.  If these Terms of Use are not accepted in full, you do not have permission to access the Repository and therefore should cease using this Site.

Use of Works and Metadata

Copyright and other intellectual property rights subsist in the Site, in the works on deposit in the Repository (the “Works”) and in accompanying documentation and metadata.

Unless otherwise tagged or indicated with a different rights permission (e.g. a Work individually licensed by a specific Creative Commons Licence), Works may be re-used under the permitted act provisions of the Copyright, Designs and Patents Act 1988 (e.g. for a literary Work, a copy may be made under fair dealing for the purposes of private study and non-commercial research and brief extracts may be reproduced under fair dealing for the purpose of criticism or review of that Work or of another work). When using a Work please comply with the licence terms or permissions noted against the Work and cite or reference the title of the Work, its author/s, publication date and URL.

You may provide a hyperlink to the Site and individual Works without the prior consent of the University, but such hyperlinks must display the relevant page or Work in the same form as the Site, without amendment or framing.

Metadata may be accessed free of charge and, except where otherwise specified, metadata may be re-used in any medium without prior permission for not-for-profit or non-commercial purposes provided the OAI identifier or a link to the original metadata record are given.

Access to some Works may be delayed because of publisher, research funder or internal embargo periods.

Disclaimer

Unless stated otherwise, the Site and Works may contain advice, opinions, statements or other information by various authors or organisations. Reliance upon any such advice, opinion, statement or other information is at your risk and to the extent permitted by law the University disclaims all liability and responsibility arising from any reliance placed on such information by your use of the Site or any Work or by anyone who may be informed of such information.

Limitation of Liability

The Site and Works are provided on an “AS IS” and “AS AVAILABLE” basis and to the extent permitted by law the University excludes all warranties whether express or implied by law including but not limited to the warranties of merchantability and fitness for a particular purpose. The University does not accept any liability arising from any inaccuracy or omission in the Site or any Work or otherwise on the Site or interruptions in the availability of the Site or any of its features or services.

In no event shall the University be liable to any party for any of the following losses or damages (whether such losses be foreseen, foreseeable, known or otherwise): loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, loss suffered by third parties, any indirect, special, incidental, or consequential damages arising out of the use of the Site or any Work or services provided by the Site whether or not amended by third parties and regardless of form of action. This is not intended in any way to exclude or limit the liability of the University for death or personal injury caused by its proven negligence or fraudulent misrepresentation.

Although the content of Works as deposited in the Repository is entirely the responsibility of respective author/s/depositor/s, if you are a rights holder and are concerned that you have found material on the Site for which you have not provided permission or is not covered by a statutory permitted act please contact the Repository with your contact details, a statement that you are the rights holder or are the authorised representative of the rights holder and the exact and full URL where you found the material.

Links to other websites

The Site and Works may contain links to third party websites (“Linked Sites”). The Linked Sites are not owned or controlled by the University and it is not responsible for the contents of any Linked Site. The inclusion of any link in the Site does not imply endorsement of any website or any association with its operators.  You are responsible for viewing and abiding by the privacy, copyright and terms and conditions posted at the Linked Sites.

Trademarks

Nothing contained in the Site or in the provisions of services by the Repository shall be taken, construed or considered as a grant of any licence or right to use the trademarks displayed on the Site, which shall be deemed to include all logos, shields and service marks, including but not limited to those of the University of Cambridge, Cambridge University Library and of any third party displayed on the Site or in Work/s, without the prior written permission of their respective owner/s.

Variation of these Terms of Use

The University reserves the right to vary these Terms of Use from time to time. Such variations become effective immediately upon the upload of the varied Terms of Use on the Site. By continuing to use the Site you will be deemed to accept such variations.

If for any reason the University believes that you have not complied with any of these Terms of Use, the University may, in its sole discretion, cancel your access to the registration areas of the Site immediately and without giving you any advance notice.

General

Nothing in these terms of use is intended to nor shall it confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The failure or delay by the University to exercise or enforce any right in these terms of use does not waive the right of the University to enforce that right.

If any of these terms of use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country in which these terms of use are intended to be effective, then to the extent and within that jurisdiction in which that term of use is illegal, invalid or unenforceable, it shall be severed and deleted from these terms of use and the remaining terms of use shall survive and remain in full force and effect and continue to be binding and enforceable.

Jurisdiction

These terms of use and all questions of construction, interpretation, validity and performance under these terms including non-contractual disputes or claims shall be governed by English law and subject to the exclusive jurisdiction of the English courts.