Terms and Conditions

These Terms and Conditions are between you and/or your organisation, hereinafter ‘Customer’, and the Forest Watch Indonesia Library (perpustakaan.fwi.or.id).

Grant of Access and Usage
1. In consideration of the Subscription Fee, and the agreement to abide by these Terms and Conditions, the PERPUSTAKAAN FWI grants the Customer a non-exclusive and non-transferable right to access and display
a.) on a secure internal network, for use by Authorised Users only, the online service ‘E-Library’ and the titles and content contained therein which have been subscribed to (hereinafter referred to as the ‘Works’) in the case of a Network Access Subscription;
b.) on one single computer, for use by Authorised Users only, the online service ‘E-Library’ and the titles and content contained therein which have been subscribed to (hereinafter referred to as the ‘Works’) in the case of a Single Access Subscription.

2. The Works may be accessible either directly from the PERPUSTAKAAN FWI itself, or from a designated representative. Whatever the method of access, the terms and conditions, as described in these Terms and Conditions, remain in force.

3. The PERPUSTAKAAN FWI affirms that it holds all rights granted herein, and reserves all those not expressly granted to the Customer.

4. ‘Authorised Users’ are defined as being

a.) for academic and not-for-profit organizations those members of faculty or staff, either permanent, temporary, contract or visiting, or students, or other permitted persons;

b.) for all other organizations – those current members of the staff, whether on a permanent or contract basis.

Ownership of Material

  1. Title and ownership of the Works remains the PERPUSTAKAAN FWI’s. Any copies made (as permitted within these Terms and Conditions) should clearly state so, and indicate the ownership of the intellectual property rights.

Copy Restrictions
1. The Works are the subject of copyright. Unauthorised copying, including any modification, adaptation, translation, disassembly or derivative work is not permitted without prior written consent from the PERPUSTAKAAN FWI. The Customer will be held legally responsible for any copyright infringement, which is caused or encouraged by failure to abide by the terms of these Terms and Conditions.

2. Subject to these restrictions, a single copy of the Works subscribed to may be made, for the purpose of backing up, maintenance of service and archiving. Copies of single articles or chapters may also be made for internal purposes only, such as coursework or training, but not complete publications. Inter-Library Loan, performed electronically, may also be made solely on a non-commercial one-off basis.

Subscription Fee
1. These Terms and Conditions are effective, providing the requisite Subscription Fee is paid. For online access to be enabled, it is necessary that the relevant registration information is sent to the PERPUSTAKAAN FWI. The required details can be found under ‘How to subscribe‘ on the E-Library home page. The Subscription Fee is due with receipt of invoice. The Subscription Fee does not comprise any sales, tax on the use, value added tax or similar taxes, and the Customer shall be liable for any such taxes if applicable.

Use Restrictions
1. Transmission to any third party who is not an Authorised User, via Internet, World-Wide Web, E-mail, or any other similar technology, is also expressly forbidden. No commercial usage or redistribution is permitted. For more information contact database@fwi.or.id.

Transfer Restrictions
1. Access to the Works is granted solely to the Customer and may not be transferred without prior written consent from PERPUSTAKAAN FWI. Any authorized transferee shall be bound by these Terms and Conditions and limited warranty. In no event may the Works be transferred, assigned, rented, leased, sold or otherwise disposed of on a temporary or permanent basis, except as expressly provided herein.

Termination
1. Upon termination, the Customer may continue to have use to the Works, for which full the Subscription Fee has been received. However, the grant of access and usage will automatically terminate if any provision of these Terms and Conditions is not complied with. In this eventuality, the Customer must cease distribution and use of the material, and destroy all backup copies.

Limited Warranty and Disclaimer of Warranty
1. The PERPUSTAKAAN FWI does not warrant, guarantee or make any representations, either expressly or implied, regarding, but not limited to, the correctness, accuracy, reliability, currentness, merchantability, fitness of use for a particular purpose, or otherwise, of the Works – they are supplied “as is”.

2. The PERPUSTAKAAN FWI shall not be liable for any direct, indirect, consequential or incidental damages (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of the use or inability to use the Works by the Customer and, or Authorized Users.

3. Irrespective of cause or form of any legal action, the liability of PERPUSTAKAAN FWI will not exceed the annual subscription price paid by the Customer for the title/s in dispute.

Service Commitment
1. The PERPUSTAKAAN FWI retains the right to alter the content of the Works at any time. However, PERPUSTAKAAN FWI will use all reasonable endeavours to ensure that the Works are available to the Customer and its Authorized Users on a 24 hour basis (except for routine maintenance) once the Subscription Fee has been received, and that any interruption will be resolved as quickly as possible.

General Provisions

  1. The Customer acknowledges having read these Terms and Conditions and limited warranty, undestood them and by paying the Subscription Fee agrees to abide by them.
  2. The Customer also agrees that the Terms and Conditions and limited warranty supersede all proposals and/or prior agreements, oran and written, and any other communications between the parties relating to the subject matter of the Terms and Conditions or limited warranty.
  3. The Customer shall not, in any matter whatsoever, use the name. empblem or official seal of PERPUSTAKAAN FWI ot the UN, or any abbreviation of the name of PERPUSTAKAAN FWI or the UN in connection with its business or otherwise wihout the prior written permission of PERPUSTAKAAN FWI. Under no circunstances shall authorization be provided to use the name, emblem or official seal of PERPUSTAKAAN FWI or the UN, or any abbreviation of the name of PERPUSTAKAAN FWI or the UN, for commecial purposes. This obligations does not lapse upon termination of the Agreement.
  4. The present Agreement will be construed in accordance with general princip’les of International Law, to the exclusion of any single national law.
  5. Any dispute, controversy or claim arising out or in connection with this Agreement or any breach thereof, shall, unless it is settled by direct negotiation, by settled by arbitration in accordance with UNCITRAL Arbitration Rules. The parties agree to be bound by any arbitration award rendered in accordance with this provision as the final adjudication of any dispute.
  6. Nothing in or relating to this Agreement shall be deemed to represent a waiver of the Priviledges and Immunities of PERPUSTAKAAN FWI.
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