1. Limited License. DRAM consists of an electronic database containing Content (as defined herein) and software and other electronic tools that are designed to permit you to access, use, reproduce, publicly display and perform, and distribute such Content ("Access Software") for the limited purposes herein. Content includes all images, cataloging and other texts, graphics, and all other materials incorporated into the Database, including content selected by Anthology of Recorded Music, Inc. (ARM) and Local Content (as defined herein). Anthology of Recorded Music, Inc. hereby grants you a limited, nonexclusive license to access and use DRAM, and to use, display, make performances with, distribute, and reproduce the Content, solely in accordance with these Terms and Conditions of Use (the "License"). You may not sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment, or transfer is void.
2. Noncommercial Uses Only. THE DATABASE AND ITS CONTENT MAY ONLY BE USED BY AUTHORIZED USERS (AS DEFINED BELOW) FOR THOSE NONCOMMERCIAL SCHOLARLY AND EDUCATIONAL USES SET FORTH HEREIN. COMMERCIAL USE (INCLUDING DISPLAYS, PERFORMANCES, REPRODUCTIONS AND DISTRIBUTIONS) OF DRAM AND ITS CONTENT ARE STRICTLY PROHIBITED.
3. Only Authorized Users May Access the DRAM. You may not sublicense or authorize access to DRAM (by sharing passwords or by other means) to anyone who is not an Authorized User. "Authorized Users" are persons designated by your institution who have agreed to access and use the Database in accordance with the Terms and Conditions of Use. Your institution may provide access to only the following categories of individuals: those individuals who have a current official or unofficial affiliation with your institution, or individuals who do not have a current official or unofficial affiliation, but who are using that institution's library or other facilities (referred to as "Walk-In Users"). For more information on Authorized Users, contact your institution.
4. Restricted Access to, and Distribution of, Content. You may not distribute, make available, and/or attempt to make available, any of the Content in DRAM (whether alone or incorporated into other materials) to persons and/or entities other than: (a) your institution and/or other Authorized Users at your institution, (b) the audience members at a scholarly or educational presentation, lecture, seminar, or similar activity conducted by you (via displays and print hand outs only and subject to the international restrictions in the next paragraph below). If you are using the Database only in the United States of America, you may also make available the Content to: limited numbers of scholars, researchers, or curators when you are making available a work that incorporates Content for purposes of collaboration, comment, or similar educational or scholarly use, if such use conforms to the customary and usual practice in the field. Content may not be incorporated into an unrestricted database or website, or made available to others (electronically or otherwise) except as permitted herein, whether that Content is alone or incorporated into other materials.
Any use, display, performance, reproduction, or distribution of Content from DRAM outside of the United States of America is strictly limited to your institution's facilities, including its affiliated research institutes, educational institutions, or similar affiliated institutions, and their libraries, on-campus lecture halls, on-campus classrooms, off- or on-campus offices, and off- or on-campus dorm rooms or similar facilities (collectively "Your Institution's Facilities").
5. Permitted Uses. When using the DRAM within the United States of America, you may access, use, display, make performances with, reproduce and distribute the Content in the Database , provided you abide by the access and distribution restrictions in section 4, for the following Permitted Uses only: (a) classroom instruction and related classroom activities; (b) student assignments and research; (c) research activities of faculty, scholars, and curators; (d) public display or public performance as part of a noncommercial scholarly or educational presentation, such as in an educational, cultural, or scholarly seminar, class, lecture, conference, exhibit, or workshop, or a similar noncommercial professional activity, if such use conforms to the customary and usual practice in the field; (e) use in a student, faculty, or curatorial portfolio, including non-public display thereof, if such use conforms to the customary and usual practice in the field; (f) use in research or a dissertation, including reproductions of the dissertation, provided such reproductions are only for personal use, library deposit, and/or use solely within the institution(s) with which you and/or your faculty or curatorial readers are affiliated (collectively "Permitted Uses"). If you are using, displaying, making performances with, reproducing or distributing Content from DRAM outside of the United States of America, you may make such uses, displays, performances, reproductions and distributions only within Your Institution's Facilities.
6. Prohibited Uses. You may not: (a) use the Database, or use, display or make performances with, reproduce, or distribute Content from DRAM, for any commercial purpose whatsoever, including but not limited to fee-for-service use of the Database, or make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use; (b) distribute and/or make available Content in DRAM to persons other than as expressly permitted herein; (c) provide and/or authorize access to the Database, such as through the sharing of passwords, to persons or entities other than Authorized Users; (d) download or print, or attempt to download or print, substantial portions of DRAM; (e) incorporate Content into print or electronic materials that are for purchase or are disseminated for commercial purposes (such as by a scholarly or commercial press); (f) use (including reproduce, distribute, display or make performances of) DRAM in any way that is not authorized under this Agreement and that infringes another's Intellectual Property Rights therein; (g) make any adaptation or modification of, or any derivative work from, Content; (h) attempt to override, circumvent, or disable any encryption features or software protections employed in the Database; and (i) with respect to displays, uses, performances, distributions and reproductions outside of the United States of America, make any display, use, performance, distribution or reproduction of DRAM and its Content outside of Your Institution's Facilities.
7. Printing and Exporting Restrictions.
Printing: Content from DRAM may be printed only for those Permitted Uses set forth in paragraph 5, and you may print only an amount of Content reasonably necessary for such purposes. You may provide print copies of Content in the Database only to your institution and to Authorized Users and to audience members at a scholarly or educational presentation, lecture, seminar, or similar activity. Additionally, if you are displaying, using, or reproducing Content from the Database only within the United States of America, you may also make printed Content available to limited numbers of scholars, researchers, or curators when you are making available a work that incorporates Content for purposes of collaboration, comment, or similar educational or scholarly use, if such use conforms to the customary and usual practice in the field.
Downloading: Except as set forth in these Terms and Conditions of Use, you shall not download, export, or otherwise remove Content from DRAM in any format or medium for any purpose. Content downloaded from the Database must be access restricted in accordance with section 4 herein. You may only provide Content downloaded from the DRAM to your institution and Authorized Users. Additionally, if you are using DRAM in the United States of America only, you may make downloaded Content available in access restricted form to limited numbers of scholars, researchers, or curators when you are making available a work that incorporates Content for purposes of collaboration, comment, or similar educational or scholarly use, if such use conforms to the customary and usual practice in the field.
Should access to the Database terminate or expire, you may keep only those print or electronic copies of Content appearing in lesson plans or in other pedagogical, educational, or scholarly materials for personal, noncommercial uses that are consistent with fair use and other exceptions to intellectual property rights laws, provided that such uses comply with the Terms and Conditions of Use, which shall survive the termination of access to the Database.
8. Local Content. Local Content consists of digital music files, digital images, cataloging information and texts, and other materials that you, your institution, or another Authorized User selects from a source other than the Database, and that is accessed along with DRAM Content, through the Access Software ("Local Content Services"). When using the Local Content Services, you agree to access, display, make performances of, reproduce, distribute and use Local Content only in accordance with these Terms and Conditions of Use. DRAM does not select such Local Content and under no circumstances shall DRAM be liable in any way for any such Local Content, including but not limited to, for any errors or omissions in any Local Content; for any loss, damage, claim, or liability of any kind incurred in connection with such Local Content, including the access, use, display, performance, reproduction, or distribution of such Local Content, or for any loss, claim, damage, or liability should such Local Content violate or infringe any third party rights (including without limitation any patent, trademark, trade secret, copyright or other proprietary rights) or any international, federal, state, or local law, statute, or regulation.
You hereby represent that you will make all reasonable efforts to ensure that unauthorized users will not have access to or use of the Local Content Services to: (a) upload, post, use, display, make performances of, or otherwise make available, distribute, or reproduce any Local Content that violates or infringes any third party right (including without limitation any intellectual property or contractual rights) or that violates any international or domestic, federal, state or local law, statute or regulation; (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Local Content transmitted through the Local Content Services; (c) upload, post, use, display, make performances of, or otherwise make available, distribute, or reproduce any Local Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) circumvent, disable, or override any encryption features or other protections in the Access Software; and/or (e) intentionally interfere with or disrupt the Local Content Services or servers or networks connected to the Local Content Service.
DRAM is relying on the online service provider protections under the Digital Millennium Copyright Act at 17 U.S.C. 512 (the "DMCA") in providing the Local Content Services, and is required under the DMCA to expeditiously remove from its servers or disable access to Local Content where ARM learns or becomes aware that such Local Content infringes the copyright of a third party and to terminate a user's access to DRAM and/or the Local Content Services when that individual or institution repeatedly infringes another's copyright. Anthology of Recorded Music, Inc.. shall in no way be held liable for terminating your access to such Local Content or to the Database. Should you believe that Content (whether Local Content or Content selected by Anthology of Recorded Music, Inc.. in the Database) violates your copyright, please send a written notice to Anthology of Recorded Music, Inc.., directed to DRAM, 16 Penn Plaza #835, New York, NY 10001. Notices must comply with the DMCA. For more information about what should be included in such notices, please see the copyright statement on the Database of Recorded American Music website.
9. Copyright Notices. You agree not to modify, obscure, or remove any copyright notice or other attribution included in DRAM, and not to authorize others to do so.
10. Use of Software. You have no rights to the Access Software and its related documentation, other than the limited license granted herein. You may not copy, distribute, modify, decompile, reverse engineer, circumvent, override or disable encryptions or other protections in, or create derivative works from the Access Software. You may not access DRAM except through the Access Software.
11. Trademarks. The Database of Recorded American Music, DRAM, and the DRAM logo are trademarks of Anthology of Recorded Music, Inc.. Your use of DRAM implies no right in these trademarks.
12. Links. DRAM may be accessible from links within related or unrelated websites and resources. Anthology of Recorded Music, Inc.. shall not be liable for any loss, injury, claim, liability, or damages of any kind arising out of or in connection with such links. Anthology of Recorded Music, Inc.. may provide links to other websites for the benefit or convenience of its users. Anthology of Recorded Music, Inc.. makes no representation or warranty of any kind, express or implied, with respect to such websites, and the linking to such websites shall not constitute any kind of endorsement of such sites. You should direct any concerns regarding any outside link to its site administrator.
13. Maintaining Security of DRAM. You are responsible for maintaining the confidentiality and security of your username and/or password (if such are provided), and for all usage or activity by you of the Database, and you hereby agree not to provide access to DRAM to anyone else (other than as expressly instructed by your institution).
14. Suspected Violations of these Terms and Conditions or Unauthorized Uses. You shall promptly notify Anthology of Recorded Music, Inc.. and the institution with which you are affiliated, or whose facilities you are using, of any known or suspected unauthorized use(s) of your account or the Database, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of your username, password, and/or IP address. Any use of DRAM beyond the scope or in violation of these Terms and Conditions of Use, knowing use of any password or username of another, or any fraudulent, abusive, or otherwise illegal activity, may be grounds for termination of your account, or termination of access to the DRAM from your IP address, if after notification or discovery such unauthorized use(s) continue without remedy for more than 30 days. The foregoing includes but is not limited to activity by you that may burden DRAM's server(s) such as computer programs that automatically download or export Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators.
15. Breach of these Terms and Conditions. Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. This indemnity shall survive the termination of this Agreement.
16. Defense of Claims. In the event that any claim or threatened claim is asserted against you in connection with your use of DRAM, you agree to immediately notify Anthology of Recorded Music, Inc.. and to reasonably cooperate in the defense of such a claim or threatened claim as required by Anthology of Recorded Music, Inc. Anthology of Recorded Music, Inc.. reserves the right (but not the obligation), at its own expense, to assume the exclusive defense and control of any such matter, subject to indemnification by you if it is the result of your unauthorized use or breach of the Terms and Conditions of Use.
17. Disclaimers.Anthology of Recorded Music, Inc.. will not be held liable for any delays, inaccuracies, errors or omissions in the Database or Content, in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. Anthology of Recorded Music, Inc.. does not represent or endorse the accuracy or reliability of any Content. DRAM AND THE ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND Anthology of Recorded Music, Inc.. AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM TO THE FULLEST EXTENT OF THE LAW ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO DRAM, CONTENT, THE ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Anthology of Recorded Music, Inc.. 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 Anthology of Recorded Music, Inc.. WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. Anthology of Recorded Music, Inc.. AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO ANY ERRORS OR OMISSIONS IN THE CONTENT, LIABILITY UNDER LIBEL LAWS, INFRINGEMENT OF RIGHTS OF PUBLICITY AND PRIVACY, MORAL RIGHTS, AND/OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION, AND FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTY WITH RESPECT TO ANY CLAIMS AND/OR THREATENED CLAIMS (INCLUDING INTELLECTUAL PROPERTY RIGHTS CLAIMS AND/OR THREATENED CLAIMS) RELATING TO: LINKS BETWEEN DRAM AND OTHER SITES AND/OR THE CONTENT ON SUCH LINKED SITES; LOCAL CONTENT SERVICES AND LOCAL CONTENT; USES, DISPLAYS, PERFORMANCES, REPRODUCTIONS, AND DISTRIBUTIONS MADE OUTSIDE OF THE UNITED STATES OF AMERICA OF DRAM AND/OR ITS CONTENT; ADAPTATIONS AND/OR MODIFICATIONS OF CONTENT; ANY AND ALL USES, REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS THAT EXCEED THE PERMITTED USES (WHETHER PERMITTED BY LAW OR OTHERWISE); AND/OR ANY USE(S), REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS MADE OF CONTENT (PRINTED OR EXPORTED) AFTER THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
18. Withdrawing Content from the Database. In addition to the provisions in section 8 herein, Anthology of Recorded Music, Inc.. may withdraw Content from the DRAM for good cause shown. Anthology of Recorded Music, Inc.. would endeavor, to the extent practicable, to minimize any inconvenience to Authorized Users caused by such withdrawal by, for example, seeking to withdraw Content only at the conclusion of an academic semester (except as set forth in paragraph 8 herein). However, should Anthology of Recorded Music, Inc.. be unable to avoid such inconvenience, you shall in no way hold Anthology of Recorded Music, Inc.. liable for the withdrawal of such Content from DRAM.
20. Fair Use, Educational, and Other Exceptions to Copyright Laws. Nothing in this Agreement should be construed or interpreted to limit those uses of Content printed or exported from DRAM that are permitted under the fair use, educational exceptions, or other provisions to the copyright laws or other intellectual property right laws in the US or in other countries, but you make such uses at your own risk. Nothing in these Terms and Conditions of Use should be construed as Anthology of Recorded Music, Inc..'s authorizing you to incorporate Content into electronic or print materials that are for purchase or are disseminated for commercial purposes (such as by a scholarly or commercial press), to make any commercial use of DRAM or Content therein, or to make any use, display, performance, reproduction, or distribution of DRAM or Content therein not expressly authorized in these Terms and Conditions of use. Copyright is not claimed by Anthology of Recorded Music, Inc.. as to any work of the United States government, or to any work that is in the public domain. You expressly acknowledge and agree that Anthology of Recorded Music, Inc.. shall not be liable in any way for all uses that you make of the Content that exceeds these Terms and Conditions of Use, whether or not you are relying on fair use and/or other provisions of the US copyright or other intellectual property rights laws.
21. General. (a) These Terms and Conditions of Use shall be interpreted and construed according to, and governed by, the federal and state laws of the United States of America, as applicable, excluding any such laws that might direct the application of the laws of another jurisdiction, and venue shall lie exclusively in the federal and state courts of the United States of America, excluding any such laws to the contrary. You consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts. You expressly agree to waive all rights, if any, arising under the United Nations Convention on Contracts for the International Sale of Goods. You agree to waive all rights of application or appeal, if any, to non-U.S. courts in connection with any question of law arising in the course of any dispute herein, or with respect to any award made. (b) If any provision or provisions of this License shall 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 shall not be in any way affected or impaired thereby. A waiver of any breach of this Agreement shall not be deemed a waiver of other breaches of the Agreement. (c) These Terms and Conditions of Use set forth the entire Agreement between us. (d) This Agreement has been executed for the sole benefit of the Parties to this Agreement and is not intended for the benefit of any third party, and the Parties expressly disclaim the creation of any third party beneficiary rights under this Agreement.
22. Terms and Conditions Subject to Change. Anthology of Recorded Music, Inc.. may change these Terms and Conditions, or any aspect of DRAM, at any time. Your use of the Database constitutes your agreement to the modified Terms and Conditions of Use and all changes thereto. The most updated Terms and Conditions of Use will be posted on the DRAM website.