Licensing terms

Access to the database and the documents is subjected to the following terms and conditions.

COMINTERN online
LICENSE AGREEMENT

This License agreement has been entered into on «Start».

BETWEEN

RusAR Publishers, a private company with limited liability, with registered office and actual place of business at Petrovsko-Razumovskoya Alley 12a, Moscow 127083, Russia, below also: RusAR Publishers

Represented by it's exclusive dealer , IDC Publishers B.V., a private company with limited liability, with registered office and actual place of business at Hogewoerd 151, Leiden, 2311 HK, The Netherlands, below also: IDC Publishers,

AND

«instituteNAME», «adress1», «address2», «country», below also: the Client.

1. Definitions

1.1 "Data" means the Data available in the COMINTERN online Database, created by RusAR Publishers and based upon the inventory consisting of 22,000 pages of the physical archive kept within the Russian State Archive for Social and Political History in Moscow (RGASPI).

1.2 "Images" means the scanned pages of the General sections of the Comintern Archives described in the Data.

1.3 "Copyright Holders" are RusAR Publishers.

1.4 "Distribution" means to publish, reproduce, license, distribute, transmit, broadcast, or publicly exhibit, display or perform the data or any part, alteration or derivation, in combination with other matter, (including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, hyperlinks, video or audio segments), in any manner now known or to become known, and in any format necessary including, but not limited to: the Internet, portable digital storage devices, client-server computer networking environments, and paper printouts of materials created using the Data or the Images.

1.5 "User" is anyone who views or in any way uses the Data or Images.

2. Data Use, Image Use, Copyright Ownership and Attribution

2.1 The Data may be used only for non-profit personal, scholarly or educational use. Use for commercial purposes is prohibited without the permission of the Copyright Holders. For information about the use of the Data for commercial purposes or about copyright permission, please consult IDC Publishers.

2.2 The Images, whether viewed on screen or printed, may be used only for non-profit personal, scholarly or educational use. Printing of individual Images is allowed, however it is not allowed to print whole or substantial portions of the Images for permanent storage.

2.2 Distribution of the Data, the Images or resulting products is prohibited without the explicit written permission of RusAR Publishers please consult IDC Publishers.

2.3 The Copyright Holders shall retain all rights, title and interest to the Data and the Images under Russian, Dutch or foreign copyright laws. User shall include an appropriate copyright notice on all materials as necessary to indicate copyright ownership of the Data and attribute authorship to the Copyright Holders, for example, "Copyright 2004, RusAR Publishers".

3. Representations and Warranties

3.1 The Copyright Holders represent and warrant that the Data does not infringe any trademark, copyright, patent, trade secret or other proprietary right of any third party.

3.2 RusAR Publishers and IDC Publishers BV are not responsible for the precision or accuracy of the Data or Images supplied. All Data or Images are provided without warranty. The User of the Data or Images accepts these with all faults and assumes all responsibility for use thereof, and agrees to hold the Copyright Holders harmless from and against any claims, damages, loss, attorneys' fees or liability arising from any use of the Data or Images.

3.3 This Agreement will be governed by the law of the Netherlands without regard to conflict of laws principles. Any disputes that arise under this Agreement, even after the termination of this Agreement, that cannot be resolved through good faith discussions, will be heard only in the appropriate court in the Netherlands. The User consents to such jurisdiction.

4. Term and Termination

4.1 This Agreement shall commence upon the date stated above, and shall continue for a period of «period» year(s), provided Client has fulfilled his obligations regarding payment of subscription fees.

4.2 The Client undertakes to pay subscription fees invoices within 30 days using one of the payment methods described in the invoice.

4.3 RusAR Publishers and IDC Publishers are entitled to suspend access to the Data and Images, or to terminate this agreement by written notification, if any of the following events occur:


    a) The Client fails to pay the subscription invoice in full and on time
    b) RusAR Publishers and or IDC Publishers have reason to suspect use by Users associated with the Client that is not compliant with this license agreement, including, but not limited to, systematic downloading of (substantial parts of) the Data or Images.

4.4 The Client is entitled to terminate this agreement by written notification, if any of the following events occur:

    a) An imputable failure of a serious nature on the part of RusAR Publishers and or IDC Publishers in the fulfillment of any of its obligations under this agreement, which failure has not been remedied by RusAR Publishers and or IDC Publishers within a period of 30 (thirty) days after the written notification by the Client to IDC Publishers of such failure; or
    b) Bankruptcy or suspension of payment of RusAR Publishers and or IDC Publishers, which will not be closed or terminated within 30 (thirty) days; or
    c) Voluntary liquidation of RusAR Publishers and or IDC Publishers, other than for the purposes of reorganization or legal merger.

4.5 This agreement will automatically be renewed after the period as described in section 4.1, by means of an invoice that shall be send 1 (one) month before the date this agreement otherwise would end. Unless the Client sends in writing before that date a request to end this agreement after the elapsed period.

5. General

5.1 If any provision or portion of this Agreement shall be prohibited or invalid under applicable law, the remainder of such provision and the remaining provisions of this Agreement shall survive and continue in effect.

5.2 All general terms and Conditions of Business of IDC Publishers B.V. are applicable. The terms and conditions are available on our website www.idc.nl.

SIGNED in duplicate on the date and in the year first above mentioned.
Leiden, 0-XXX-0000 «country», __________
IDC PUBLISHERS B.V.
On behalf of RusAR Publishers 		«instituteNAME»


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