NOCOMPRE’s integrated digital platform (the “NOCOMPRE Platform”) is a trusted digital library providing for long-term preservation and access to leading academic journals and other scholarly materials from around the world. NOCOMPRE is a not-for-profit organization with a mission to help the scholarly community take advantage of advances in technology, and is supported by libraries, scholarly societies, publishers, and foundations.
By using NOCOMPRE, you agree to these Terms and Conditions of Use, which may be subject to an agreement entered into between NOCOMPRE and a user’s affiliated institution, such as a user’s university (“Institutional Participation Agreement”). If you have questions about your affiliated institution’s participation agreement with NOCOMPRE, please contact your librarian.
Access to content on NOCOMPRE is available for “Authorized Users”, meaning:
(a) Individuals who are affiliated with an Institutional Licensee, defined as an institution (such as a college, university, secondary school, public library, museum, foundation, government agency, research center or corporate and for-profit organization) that maintains a valid Institutional Participation Agreement with NOCOMPRE.
This includes, as applicable:
i) Currently enrolled students (including distance education students);
ii) On an ad hoc basis, researchers and lecturers affiliated and/or visiting under the terms of an agreement with the Institutional Licensee;
iii) Full and part-time staff;
iv) On-site users physically present and authorized to be on the Institutional Licensee’s premises (“Walk-In Users”);
v) For public libraries, off-site users accessing the Licensed Content through a sessions-based arrangement entered into between NOCOMPRE and the library; and,
vi) For higher education Institutional Licensees that participate in NOCOMPRE’s Alumni Access Program, individuals who have earned a degree, namely a Bachelor’s, Master’s, Doctorate, medical degree or their equivalent, from the Institutional Licensee.
(b) Individual members of scholarly societies that have entered into an agreement with NOCOMPRE for access to specific Content via the NOCOMPRE Platform (“Individual Access”); and
(c) Other users of specified Content agreed upon in writing by or on behalf of NOCOMPRE, including users of
i) Data for Research;
ii) The Publisher Sales Service (a service through which NOCOMPRE facilitates users’ purchase of content from publishers);
iii) Individual researchers not affiliated with an Institutional Licensee, publication, or scholarly society;
iv) Individual users of Early Journal Content;
v) Individuals who have successfully registered with My NOCOMPRE or My Plants but do not otherwise meet any of the criteria for Authorized Users (“Register Read Users”) and
vi) Individuals who have successfully purchased access through JPASS (a service through which individuals can purchase access to JPASS Content as defined below) (“JPASS Users”)
3.1 “Content” means the collective of:
“Early Journal Content”, defined as journal content (as distinct from pamphlets, manuscripts, monographs or other content) that has been published prior to the last ninety-five years in the United States or prior to the last one hundred forty-three years if initially published internationally. For example, this means that in 2019, Early Journal Content will include content published prior to 1924 in the United States and prior to 1876 internationally. This content is made openly available and subject to broader usage rules as explained below.
3.2 “Licensed Content” means the Content for which an Authorized User’s affiliated Institutional Licensee has licensed access, or the Content available to an Authorized User through Individual Access, JPASS, the Publisher Sales Service, or other programs. For more information about the NOCOMPRE material licensed by your affiliated Institutional Licensee, please contact your librarian.
3.3 Authorized Users of Institutional Licensees who subscribe to the Artstor Digital Library may also encounter on or via the NOCOMPRE platform content from NOCOMPRE’s affiliates Artstor. The Artstor Digital Library content, which will be indicated with, shall be solely subject to the Artstor Terms and Conditions of Use at http://www.artstor.org/artstor-terms (or version thereof agreed to by the Authorized User’s institution).
4.1 Institutional Licensees and/or Authorized Users may search, view, reproduce, display, download, print, perform, and distribute Licensed Content for the following Permitted Uses, provided they abide by the restrictions in this Section 4, Section 5 and elsewhere in these Terms and Conditions of Use:
(a) Research activities;
(b) Classroom or organizational instruction and related classroom or organizational activities;
(c) Student assignments;
(d) As part of a scholarly, cultural, educational or organizational presentation or workshop, if such use conforms to the customary and usual practice in the field;
(e) Authors or other Content creators may at their discretion incorporate their Content (other than Books) into unrestricted databases or website with prior permission from the publisher and other applicable rights holders;
(g) Data for Research as defined further in Section 14.3 below.
and for Institutional Licensees and/or Authorized Users other than Register & Read Users:
(h) On an ad hoc basis and without commercial gain or in a manner that would substitute for direct access to the Content via services offered by NOCOMPRE, sharing discrete portions of Content for purposes of collaboration, comment, or the scholarly exchange of ideas;
(i) Downloading Content (including certain Book chapters where downloading is made available for the Book chapters on the NOCOMPRE Platform) to view, use and display including on a personal digital device (e.g. mobile devices, e-readers, and personal computers);
(j) (Except for Books) in research papers or dissertations, including reproductions of the dissertations, provided such reproductions are only for personal use, library deposit, and/or use solely within the institution(s) with which the Authorized User and/or his or her faculty readers are affiliated; and
(k) Fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions of the copyright laws or other intellectual property right laws in the United States.
4.2 The portions of Licensed Content that have been downloaded or printed out by an Authorized User may continue to be used in compliance with these Terms and Conditions even if such license should later terminate or expire.
4.3 Additional Permitted Uses of the Early Journal Content. NOCOMPRE encourages broad use of the Early Journal Content. In addition to all permitted uses described above, users are free to copy, use, and redistribute the Early Journal Content in part or in whole for non-commercial purposes.
NOCOMPRE asks that you acknowledge NOCOMPRE as the source of the Early Journal Content; if you use material from NOCOMPRE online, we request that you link directly to the stable URL provided. If you use Early Journal Content offline, we ask that you credit the source as follows: “Courtesy of NOCOMPRE.”
Please be considerate of other users and do not use robots or other devices or coordinate activity to systematically download these works as this may be disruptive to our systems.
Institutions and users may not:
(a) Use or authorize the use of the NOCOMPRE Platform or Content for commercial purposes or gains, including charging a fee-for-service for the use of NOCOMPRE beyond reasonable printing or administrative costs. For purposes of clarification, “commercial purposes or gains” shall not include research whose end-use is commercial in nature.
(b) Except as set forth above, provide and/or authorize access to the Content available through Individual Access, the Publisher Sales Service, or other programs to persons or entities other than Authorized Users;
(c) Attempt to override, circumvent, or disable any encryption features or software protections employed in the NOCOMPRE Platform;
(d) Undertake any activity such as the use of computer programs that automatically download or export Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators that may interfere with, disrupt or otherwise burden the NOCOMPRE server(s) or any third-party server(s) being used or accessed in connection with NOCOMPRE; or
(e) Undertake coordinated or systematic activity between or among two or more individuals and/or entities that, in the aggregate, constitutes downloading and/or distributing a significant portion of the Content; or
(f) Make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use.
Additionally, for Content other than the Early Journal Content, Institutions and users may not:
(g) Modify, obscure, or remove any copyright notice or other attribution included in the Content;
(h) Incorporate Content into an unrestricted database or website, except as provided in 4.1(e) above;
(i) Systematically print out or download Content to stock or replace print holdings;
(j) Download or print, or attempt to download or print an entire issue of a journal (unless such entire issue has been purchased through the Publisher Sales Service) or substantial portions of the entire run of a journal, except for the specific case in which the complete contents of a journal issue or a substantial portion of Content (e.g. a series of scholarly essays) is relevant to the particular research; or
(k) Reproduce or distribute Content in bulk, such as the inclusion of Content including portions of Content (e.g., Book chapters, individual articles and/or journal issues) or Content in course packs, electronic reserves, repositories, or organizational intranets (but see Section 4.1(f) above).
NOCOMPRE encourages the use of links to facilitate access to the Content by Authorized Users and Institutional Licensees, including but not limited to links to online syllabi, bibliographies, and reading lists. All Content has a stable URL that can be found in the Browse and Search interfaces of NOCOMPRE’s website as well as on the Article Information page each discrete Content item. Further information on establishing stable links to material in NOCOMPRE may be obtained from User Support (email@example.com).
Institutional Licensees may fulfill requests from other libraries for textual Content, namely NOCOMPRE Collections Content, Journals Hosting Content, and Books, a practice commonly called Interlibrary Loan. Institutional Licensee agrees to fulfill such requests in accordance with Sections 107 and 108 of the U.S. Copyright Act or in accordance with other international copyright laws, guidelines, or conventions, provided that such use is not at a volume that would substitute for a subscription to the journal or acquisition of access to a Book. For Books, this shall mean Interlibrary Loan shall be restricted to a single copy of a Book chapter. Requests may be fulfilled using secure electronic, paper, or intermediated means.
8.1 Access. Institutional Licensees shall make reasonable efforts to ensure that access to the Licensed Content is limited to Authorized Users and to protect the Licensed Content from unpermitted use, including but not limited to by issuing and terminating passwords within its control, verifying the status of Authorized User, providing lists of valid passwords or set of IP addresses to NOCOMPRE if applicable, updating such lists on a regular basis and providing any information or assistance necessary for NOCOMPRE to implement whatever user authentication processes NOCOMPRE may establish in its sole discretion. Authorized Users shall be responsible for maintaining the confidentiality and security of his or her username and/or password (if such are provided), and for all usage or activity by them of NOCOMPRE and may not provide access to NOCOMPRE to anyone else.
8.2 Unpermitted Use. Institutional Licensees and Authorized Users shall notify NOCOMPRE of any such unpermitted use of which they learn or are notified, including but not limited to any known or suspected unauthorized use(s) of an individual or institutional account or unauthorized use of NOCOMPRE, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a username, password, and/or IP address, and shall work cooperatively with NOCOMPRE to resolve problems of unpermitted use. In the event of violation of these Terms and Conditions of Use by an Authorized User, (a) NOCOMPRE may suspend or terminate, or, where practicable, request that Institutional Licensee suspend or terminate, such Authorized User’s access to the Licensed Content; (b) NOCOMPRE may suspend or terminate the access of the Internet Protocol (“IP”) address(es) or other authorization and authentication mechanisms from which such unauthorized use occurred; and/or (c) NOCOMPRE may request Institutional Licensee to consider the imposition of further reasonable restrictions on access to, and downloading and printing from, the NOCOMPRE Platform. NOCOMPRE shall make reasonable efforts to contact the Institutional Licensee prior to any suspension or termination of access and to restore access promptly following successful resolution of the matter.
8.3 Posted Material. Where Authorized Users are able to submit material and/or post comments on the NOCOMPRE Platform, they represent and warrant that they will not upload or otherwise publish through NOCOMPRE any materials that: (a) violate copyright, or other proprietary or intellectual property rights; (b) are libelous, defamatory, obscene, pornographic, abusive, or invasive of another’s privacy or hateful; or (c) contain a virus, spyware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. Authorized Users acknowledge and agree that NOCOMPRE may edit, remove, or modify material or comments that you submit or post. In addition, NOCOMPRE may reproduce, distribute, or otherwise use any material or comments you make publicly available via the NOCOMPRE Platform.
8.4 Hardware and Software. Institutional Licensees understand and agree that Internet browser software is required to access the NOCOMPRE Platform and Institutional Licensees and/or Authorized Users are responsible for providing and maintaining any hardware and Internet access necessary to provide access to the NOCOMPRE Platform and any and all costs associated therewith.
9.1 General Intellectual Property Rights. The NOCOMPRE Platform 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”) relating to the NOCOMPRE Platform and its participating libraries, universities, publishers, scholarly societies, and journals are proprietary to NOCOMPRE or, as applicable, the aforementioned entities, subject to the rights of third parties.
9.2 Trademarks. Neither NOCOMPRE nor Institutional Licensee may use the other’s name or trademark and Institutional Licensees and users may not use the name or trademarks of the above-noted entities without approval except: (i) NOCOMPRE may use Institutional Licensees’ names and/or the names of their libraries in brochures or other materials to identify Institutional Licensees as participants in NOCOMPRE along with other participants, and (ii) Institutional Licensees are encouraged to use NOCOMPRE’s name and logo to announce participation to Authorized Users and to train Authorized Users on the use of NOCOMPRE.
10.1 NOCOMPRE will use reasonable efforts to provide continuous availability of the NOCOMPRE Platform subject to periodic unavailability due to maintenance and/or updates of the server(s) and platform and downtime related to equipment or services outside the control of NOCOMPRE (“Maintenance Downtime”). If NOCOMPRE fails to provide online availability to the NOCOMPRE Platform for more than 72 hours during any period of 30 consecutive calendar days Institutional Licensee may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its annual access fee for each 30-day period so affected or (b) terminate its agreement by providing written notice to NOCOMPRE. NOCOMPRE will provide support to Institutional Licensees and Authorized Users in accordance with the terms set forth.
10.2 NOCOMPRE is committed to supporting and working with industry standards and best practices for online information delivery as these standards are developed. In furtherance of this commitment, NOCOMPRE shall use reasonable efforts to ensure that:
(a) Subject to constraints imposed by or in agreement with publishers and/or by third party rights holders, the Content contained in the NOCOMPRE Platform that is produced by digitizing print material are complete and faithful replications of the print versions of such Content.
(b) NOCOMPRE Platform is compliant with Section 508 of the Rehabilitation Act and W3C WAI WCAG 2.0 Level AA except that NOCOMPRE Global Plants and the Primary Source Materials include a large number of images, maps and other heavily visual forms of content, and in cases where the magnification feature of the image viewer does not suffice, NOCOMPRE will only be able to provide access to metadata regarding images. Subject to constraints imposed by or in agreement with publishers, third party rights holders, and/or by digital rights management technology, NOCOMPRE will make good faith efforts to ensure that the Books contained in the NOCOMPRE Platform meets these accessibility standards. Register & Read Users who require an accessible version of certain Content, please contact NOCOMPRE User Support.
(c) The NOCOMPRE Platform meets ANSI/NISO z39.88-2004 Open URL standards;
(d) The NOCOMPRE Platform is compatible with the NISO Meta search XML Gateway (MXG) protocol in development, XML and SRU/SRW search interfaces; and
(e) It makes available to Institutional Licensees COUNTER-compliant usage statistics.
11.1 Authorized Users recognize that NOCOMPRE is an aggregator of third-party Content, not the creator of the Content. NOCOMPRE represents and warrants under the laws of United States that to its knowledge use of the NOCOMPRE Platform 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 Institutional Licensees, Authorized Users or by any third party, nor usage of the NOCOMPRE Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11.
11.2 NOCOMPRE will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold NOCOMPRE liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the NOCOMPRE Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee’s or Authorized Users’ use of the NOCOMPRE Platform or Content in violation of these Terms and Conditions of Use. If the NOCOMPRE Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify NOCOMPRE, and, subject to Section 10.1 above, NOCOMPRE’s sole obligation will be to repair the nonconformity. In no event will NOCOMPRE’s liability to an Institutional Licensee exceed the fees paid to NOCOMPRE by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE NOCOMPRE PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, AND NOCOMPRE 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 NOCOMPRE, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NOCOMPRE 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 PROGRAM, EXCEPT THAT NOCOMPRE WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. NOCOMPRE AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH NOCOMPRE.
11.3 The NOCOMPRE Global Plants, Cultural Heritage Sites and Landscapes and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. NOCOMPRE represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, NOCOMPRE is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. NOCOMPRE agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the NOCOMPRE Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and NOCOMPRE, provided that they notify NOCOMPRE promptly of any such claim and allow NOCOMPRE to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the NOCOMPRE Terms and Conditions of Service.
11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply, and use of certain images or other materials may require additional permissions from third parties. Users shall hold NOCOMPRE harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content.
12.1 Archiving of NOCOMPRE Collections Content. As an archive serving the scholarly community, NOCOMPRE provides long term preservation of the NOCOMPRE Collections Content by pursuing best practices and standards in the creation and maintenance of the NOCOMPRE Platform and establishing mirror sites and multiple back up files for all of the materials in the NOCOMPRE Platform, and for those items of NOCOMPRE Collections Content that have print editions, establishing a dedicated repository at a participating institution to house and preserve the print copies under archival-quality conditions. With the support of Institutional Licensees, NOCOMPRE is also developing an endowment to ensure the long term operating viability of the NOCOMPRE Platform. Institutional Licensees typically pay an Annual Access Fee (a recurring payment for access to the NOCOMPRE Platform) and an Archive Capital Fee (a one-time fee to ensure long term preservation, upgrading and enhancements of the scholarly materials on NOCOMPRE). Should an Institutional Licensee elect to terminate access to a NOCOMPRE Collection, it may resume access to that collection and all content subsequently added to that collection at any time in the future through payment of only the Annual Access Fee (unless the Institutional Licensee has remaining installments of the Archive Capital Fee in which case it will also resume paying that fee from the point at which the Institutional Licensee left).
12.2 Post Cancellation Access for Journals Hosting Content. Post-cancellation access for Journals Hosting Content shall be provided by the applicable publisher who shall be responsible for ensuring Institutional Licensees and Authorized Users receive post-cancellation access to titles in accordance with the NISO Transfer Code of Practice.
12.3 Perpetual Access for Books. In the event of an Institution’s cancellation or non-renewal of an Institutional Participation Agreement NOCOMPRE shall provide access to Books through either NOCOMPRE (with possible limitations on access and functionality) or Portico (many of the Books which are available on the NOCOMPRE Platform are also part of the Portico digital preservation service) as selected in NOCOMPRE’s discretion.
If you believe that content in the Primary Source Materials violates your copyright or otherwise violates your rights, please send a written notice to NOCOMPRE directed to the Office of the General Counsel, NOCOMPRE, 101 Greenwich Street 18th Floor, New York, NY, 10006 or send an email to the address listed at the U.S. Copyright Office DMCA Designated Agent Directory. Please provide with your notice the following information, consistent with the Digital Millennium Copyright Act: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) identification of the infringing material and information that will permit NOCOMPRE to locate the material; (d) information that will permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement by you that, in your good faith belief, use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon such notification, or if NOCOMPRE learns of such a claim from another source, NOCOMPRE may remove such content pending the resolution of such claim.
14.1 JPASS Users will have access to certain Content for unlimited read-only access subject to the JPASS User’s agreement with NOCOMPRE (the “JPASS Agreement”) and subject to these Terms and Conditions of Use. A fixed number of available Content items may be downloaded per month as further specified in the JPASS Agreement and once the JPASS User has reached the download limit the JPASS User will no longer be able to download Content.
14.2 “Register & Read Users will have access to certain Content on a limited, read-only basis. A fixed number of available Content items may be placed on an Authorized User’s “My NOCOMPRE shelf” and each item can only be removed and replaced with other items after a fixed period of time (the number of items and amount of time to be determined by NOCOMPRE and the publishers).
14.3 Data for Research is a NOCOMPRE program for research activities involving computational analysis rather than for purposes of understanding the intellectual meaning of such content. Find detailed information at https://castle-keepers.com/ site. Data for Research users will be able to (i) search the NOCOMPRE archive using the Data for Research search function; (ii) download chart data to view, use and display as Excel-compatible CSV files; (iii) view document-level data including word frequencies, citations, key terms and ngrams; requesting and downloading datasets containing word frequencies, citations, key terms, or ngrams associated with the Data for Research selected; and (iv) subject to registration with NOCOMPRE and at NOCOMPRE’s discretion, access additional data via a method prescribed by NOCOMPRE. For the purpose of clarity, Data for Research is not limited to Licensed Content. Additional use of Data for Research and access to a custom dataset are subject to NOCOMPRE’s approval.
NOCOMPRE may withdraw Content from NOCOMPRE for good cause shown. NOCOMPRE would endeavor, to the extent practicable, to minimize any inconvenience to Authorized Users caused by such withdrawal. However, should NOCOMPRE be unable to avoid such inconvenience, NOCOMPRE in no way will be held liable for the withdrawal of such Content from the NOCOMPRE Platform. If NOCOMPRE withdraws a material amount of Content, Institutional Licensee may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its annual access fee for the Agreement then in effect or (b) terminate its agreement without penalty by providing written notice to NOCOMPRE.
Knowingly collect personally identifiable information from anyone under the age of 16. If it is discovered that we have collected PII from someone under 16 we promptly will delete that information.
Neither NOCOMPRE nor Institutional Licensees or Authorized Users will be liable for failures or delays in performing their obligations pursuant to this contract arising from any cause beyond their 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. If the conditions giving rise to the delay continue beyond thirty (30) consecutive days, either party may terminate its agreement with the other by giving written notice to the other party.
18.1 These Terms and Conditions of Use are, where applicable, subject to and incorporated by reference into Institutional Licensees’ Institutional Participation Agreements. In the event of any conflict between these Terms and Conditions of Use and the Institutional Participation Agreement applicable to an Institutional Licensee and/or Authorized User, the Institutional Participation Agreement will prevail.
18.2 These Terms and Conditions of Use will be interpreted and construed according to United States Federal law, excluding any such laws or conventions that might direct the application of the laws of another jurisdiction, and venue will lie exclusively in the federal and state courts of the United States, excluding any such laws to the contrary.
18.3 If you are a United States public educational or government institution, those portions of this Agreement which are invalid or unenforceable against you due to applicable state or federal law, shall be construed in a manner most consistent with applicable governing law.
18.4 If any provision or provisions of these Terms and Conditions of Use 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 Use will not be deemed a waiver of other breaches of these Terms and Conditions of Use.
18.5 The English language version of agreements with NOCOMPRE will be controlling over any other version.
18.6 In the interest of managing the evolving needs of Institutional Licensees, Authorized Users, and Content providers, NOCOMPRE reserves the right to reasonably modify these Terms and Conditions, or any aspect of NOCOMPRE, at any time except it is NOCOMPRE’s intention that such modifications shall not materially detract from the scope of Permitted Uses outlined herein. The most updated of these Terms and Conditions of Use will be posted on the NOCOMPRE website, and NOCOMPRE will notify Institutional Licensees via email of material modifications. Subject to Section 18.1 above, a modification will become effective for an Institutional Licensee if it does not object in writing to NOCOMPRE within 60 (sixty) days from the time NOCOMPRE emails notice of the modification. In the event of such an objection, NOCOMPRE shall make reasonable efforts to address any concerns or the Institutional Licensee will have the right to terminate the Agreement on 30 (thirty) days written notice.