Use of any IPA Source products and services is subject to these Terms and Conditions of Use
SECTION 1. LICENSE.
1.1 License Grant.
IPA Source hereby grants to the Subscriber the non-exclusive, non-transferable right and license to use IPA Source products and services (“Licensed Products”) and provide the Licensed Products to its Authorized Users (in the case of an Institutional Subscriber) subject to the terms and conditions of these Terms & Conditions of Use.
1.2 Authorized User.
In the case of an Individual Subscription, the individual Subscriber is the only Authorized User for purposes of these Terms & Conditions of Use. In the case of an Institutional Subscription, the Authorized Users are defined by the terms of the Institution’s IPA Source License Agreement.
1.3 Authorized Uses.
The Subscriber/Authorized User may:
1.3.1 access, search, browse, view, print, link to, and download (excluding our view-only offering) the Licensed Products.
1.3.2 create permalinks to individual translation/transcriptions (Excerpts).
1.3.3 reproduce Licensed Products to accommodate Authorized Users with disabilities in accordance with the IPA Source Accessibility Statement detailed at https://www.ipasource.com/accessibility/.
1.4 Restrictions on Use of Licensed Products.
Except as may be expressly permitted by these Terms & Conditions of Use, the Subscriber/Authorized User may not:
1.4.1 electronically transmit or otherwise deliver Excerpts to any persons (other than those designated as Authorized Users by an Institutional Subscriber);
1.4.2 create any derivative work (course-packs) based on the Licensed Products without the prior written permission of IPA Source;
1.4.3 modify Excerpts in any way, including removing, obscuring or modifying any copyright notices, watermarks, or other disclaimers as they appear in the Licensed Products except to the extent necessary to make them perceptible to Authorized Users with disabilities;
1.4.4 substantially or systematically reproduce, retain or redistribute the Licensed Products;
1.4.5 host or store the database or portions thereof on any external service (examples include, but are not limited to Ex Libris, Alma, LOCKSS or any other type of Library Management System solution whether used on-premise, through private external hosting or Cloud).
1.5 Intellectual Property Ownership.
The Subscriber acknowledges that all right, title and interest in and to the Licensed Products remain with IPA Source and that the unauthorized distribution of the Licensed Products could materially harm IPA Source.
SECTION 2. IPA SOURCE PERFORMANCE OBLIGATIONS.
2.1 Access to Licensed Products.
IPA Source will make the Licensed Products accessible to the Subscriber and its Authorized Users from the World Wide Web address set forth on Schedule 1 or as may be otherwise set forth herein.
IPA Source only guarantees on-campus access to Licensed Products, for Institutional Subscribers. An Institutional Subscriber may provide the single address of their off-campus proxy server and IPA Source will add it as a professional courtesy. It is Subscriber’s responsibility to configure their proxy server software.
2.1.1 Accessibility.
IPA Source shall comply with the Americans with Disabilities Act (ADA), by supporting assistive software or devices such as large print interfaces, text-to-speech output, voice-activated input, refreshable braille displays, and alternate keyboard or pointer interfaces, in a manner consistent with the Web Accessibility Initiative Web Content Accessibility Guidelines 2.0 AA (http://www.w3.org/WAI/guid-tech.html). IPA Source shall ensure that product maintenance and upgrades are implemented in a manner that does not compromise product accessibility. IPA Source shall provide to Subscriber a current, accurate completed Voluntary Product Accessibility Template (VPAT) to demonstrate compliance with accessibility standards (https://www.itic.org/policy/accessibility). If the product does not comply, IPA Source shall adapt the Licensed Materials in a timely manner and at no cost to the Subscriber in order to comply with applicable law. Nothing in these Terms & Conditions of Use shall limit the Subscriber or any end user from making lawful, non-infringing uses to facilitate access to the Licensed Materials by users who have disabilities. For the avoidance of doubt, IPA Source authorizes such uses.
2.2 Quality of Service.
IPA Source shall use reasonable efforts to provide the Licensed Products with a quality of service consistent with industry standards, specifically, to provide continuous service with an average of 95% up-time per month, with the 5% down-time including scheduled maintenance and repairs performed at a time to minimize inconvenience to the Subscriber and its Authorized Users, and to restore service as soon as possible in the event of an interruption or suspension of service.
2.3 Withdrawal of Content.
IPA Source reserves the right to withdraw from the Licensed Products content that it no longer retains the right to license or that it has reasonable grounds to believe is unlawful, harmful, false or infringing. If the withdrawal represents more than fifteen (15%) percent of the content comprising the Licensed Products, IPA Source shall refund to the Subscriber the amount of the Fees that is proportional to the amount of content withdrawn and the remaining unexpired portion of the period for which the Fees were paid.
SECTION 3. SUBSCRIBER PERFORMANCE OBLIGATIONS.
3.1 Authorized Access.
Access to the Licensed Products shall be authenticated by the use of Internet Protocol (“IP”) address(es) indicated by the Subscriber. Access to the Licensed Products by Authorized Users through a proxy server or similar means is allowed. The setup and maintenance of such service is the sole responsibility of the Subscriber.
3.2 Protection from Unauthorized Access and Use.
The Subscriber shall:
3.2.1 use reasonable efforts to ensure that access to and use of the Licensed Products is limited to Authorized Users and use reasonable efforts to inform Authorized Users of the usage restrictions set forth in these Terms & Conditions of Use;
3.2.2 use reasonable efforts to ensure that any passwords used to access the Licensed Products are issued only to Authorized Users and use reasonable efforts to inform Authorized Users that they are not to divulge any passwords to any third party; and
3.2.3 immediately upon becoming aware of any unauthorized use of the Licensed Products, inform IPA Source and take appropriate steps to ensure that such activity ceases and to prevent any recurrence.
In the event of any unauthorized use of the Licensed Products, IPA Source may suspend access of the IP address(es) from which the unauthorized use occurred upon notice to the Subscriber. The Subscriber shall not be liable for unauthorized use of the Licensed Products by any Authorized Users provided that the Subscriber did not intentionally assist in or encourage such unauthorized use or permit such unauthorized use to continue after having actual notice thereof.
SECTION 4. USE & REPRODUCTION OF LICENSED PRODUCTS.
4.1 Reproduction of Licensed Products in a Printed Concert Program
If you are a student organizing a free event as part of your studies, IPA Source grants permission for you to reproduce Licensed Products in your printed concert program using the appropriate credit (please see below), free of charge. Refer to our Legal Notice page for additional information. (https://www.ipasource.com/legal-notice/)
Specifically, please use our web address (https://www.ipasource.com), the name IPA Source LLC, credit the author, Bard J. Suverkrop, indicate our Library of Congress ISSN and note the copyright (noted at the bottom of each work) of the Text, when the material is used at public venues.
In all cases, the watermark must remain intact on the Text.
Citation styles vary, so please consult your university’s or venue’s citation requirements or guidelines. A sample citation is:
Suverkrop, Bard J. IPA Source LLC, July 27, 2021. https://www.ipasource.com.
Library of Congress ISSN 2771-876X
4.2 NOTIFICATION OF USAGE
You must also notify us of your Text usage. Please complete this online form to inform us which songs you are using and for what purpose.
4.3 USAGE OF INDIVIDUAL LICENSED PRODUCTS OR BUNDLES
Individual texts included in the Licensed Products (“Text”) are for the sole use of a single individual in their personal studies. In all cases, the watermark must remain intact on the downloaded Text.
The distribution, resale or re-posting of downloaded Texts to other individuals or organizations either by electronic or physical means is not allowed.
Sharing login credentials with others is grounds for account suspension.
Purchased individual Texts are accessible from https://www.ipasource.com/my-account for as long as you retain the IPA Source Account created at the time you purchased the Text.
Texts that are part of a Text bundle must be selected within 365 days of the date of purchase of the bundle. Once the individual text is selected, it is accessible from https://www.ipasource.com/my-account for as long as you retain the IPA Source account created at the time you purchased the Text bundle.
Content downloaded during the period of subscription may not be retained if you choose not to renew your subscription.
SECTION 5. TERM.
The initial term of these Terms & Conditions of Use shall be one year from the date of subscription.
SECTION 6. IPA SOURCE WARRANTY.
6.1 Warranty.
IPA Source warrants that use of the Licensed Products in accordance with the terms and conditions herein will not infringe the intellectual property rights of any third party under United States copyright law.
6.2 Disclaimer.
EXCEPT FOR THE EXPRESS WARRANTY STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IPA SOURCE PROVIDES THE LICENSED PRODUCTS “AS IS” AND MAKES NO REPRESENTATION OR WARRANTY AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY CLAIM ARISING FROM OR OUT OF THE LICENSED PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS CONTAINED THEREIN, AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.3 Limitation of Liability.
Except for the express warranty stated herein and to the extent permitted by applicable law, in no event shall IPA Source be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of data, business interruption or loss of profits, arising out of or in connection with these Terms & Conditions of Use, or shall the liability of IPA Source to the Subscriber exceed a sum equal to the Fees paid by the Subscriber hereunder, even if IPA Source or Subscriber has been advised of the possibility of such liability or damages.
SECTION 7. LINKS TO OTHER WEBSITES
IPA Source’s website and Licensed Products may contain links to third-party web sites or services that are not owned or controlled by IPA Source. IPA Source has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that IPA Source shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods or services available on or through such third-party web sites or services. IPA Source strongly advises that you read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
SECTION 8. GOVERNING LAW – STATE OF OHIO.
These Terms & Conditions of Use shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard to the conflict of laws provisions in such state. Any disputes arising under these Terms & Conditions of Use between the Parties shall be decided by a court of competent jurisdiction in Scioto County.