Whereas CSCS, a research organization engaged in the pursuit of social sciences research, is committed to the understanding and development of different social aspects of new and emerging media technologies, and whereas the Internet and World Wide Web are the most important structures of emerging media technologies today.
CSCS is engaged in a funded, ongoing research project to understand the impact of new forms of archiving of historical records as present in public media such as newspapers, film magazines, law reporters, etc., on the patterns of use, and on the change in the nature of scholarship facilitated by these new forms of archiving facilitated by the Internet and World Wide Web,
The information collected in the said experimental archive is a compilation in fair use in pursuit of the said ongoing archive project in understanding the complexity of the same with respect to growth of the archive.
1. Whereas, you (the user) are an individual social science research professional engaged in gathering historical records for the purpose of fair use in the pursuit of your project, and therefore wish to collaborate with CSCS in acting as a research subject who wishes to use the experimental archive for the purpose of gathering the said historical records,
2. Whereas, you (the user) are an institution such as a library or a reference website with access to a permanent IP address on the Internet or World Wide Web, specifically created for the purpose of providing historical records to individual social science research professionals engaged in collecting the said records for the purpose of fair use in pursuit of their project,
3. Whereas, you (the user) are an individual or institution engaged in social science research on emerging media, of a kind similar to the one pursued by CSCS as described above.
This contract between CSCS and the user delineates the terms of agreement between two research entities engaged in the pursuit of social science research interested in sharing research information in either the form or content of the archives in a manner that is covered by the doctrine of fair use.
By pressing the “I Agree” button below, you indicate your willingness to be bound as the user by the terms of this contract. If you do not agree to the terms of this contract please press the “I Do Not Agree” button and do not access, download or use the data contained on this website.
Upon pressing the “I Agree” button
If you are an institution already registered with CSCS for the purpose of sharing Data, you will gain entry to the media archive, under the terms and conditions of the license agreement on the basis of which the registration was made.
If you are not registered for the purpose of sharing Data, you may send an email to CSCS providing the information regarding your research profile, scope of use and the nature of collaboration in which you are interested in either as an institution or an individual. Thereafter, CSCS shall review your application and shall, within a period of no more than one week from the date hereof, communicate to you the right, the terms and conditions and the consideration in lieu of, access; and either list your permanent Internet Protocol Address on its server, enabling all authorised users using your server as a proxy, or provide you with a username and password which will allow you to gain access to the Website. CSCS is under no obligation to grant this right to every applicant. In the event you have not been provided with the username and password within the aforesaid one week period your application shall be deemed to have been rejected and this License Agreement shall automatically terminate.
As used in this Agreement,
“Data” means all the material and information stored, indexed and contained on the Website. Given the two levels of research involved as per the preamble, "Data" shall also mean the complete data structure, the macrolevel computer programme, the user screens, paths of access and choice, and the logic of the research archive as developed by CSCS.
“Data Copies” means the actual copies of all or any portion of the Data, including backups, updates, printouts, and merged or partial copies.
“License” means the grant of certain limited rights to use and maintain the Data and Data Copies. CSCS specifically retains title to all the Data.
“Website” means the website whose homepage is accessible from the url www.cscsarchive.org
You shall be granted the limited non-exclusive, non-transferrable license to use the Data anywhere in the world for the purposes stated below. Any unauthorised utilisation of the Data shall result in the immediate and automatic termination of this license agreement whether or not CSCS has notice of any such unauthorised utilisation.
The duration of the license shall commence from the date on which you dispatch your acceptance of the terms of this Agreement and shall continue for a mutually agreed period of time or until terminated by CSCS on account of a breach of any of the terms of this Agreement.
3. Permitted Uses
3.1 Under the terms of this License Agreement, you shall be permitted to use the Data on a closed computer network that is connected to the internet or other public access computer network through no more than one computer. Such closed computer network shall not be accessible by persons or other legal entities who are neither your registered students nor your faculty.
3.2 You shall use the Data for academic, research and other non-commercial purposes and in all circumstances deal fairly with the information comprised in the Data. No part of the Data shall be copied or used without duly and completely acknowledging the source from which such Data was derived as cited in the Website.
3.3 You shall not use the Data or any part thereof in any other compilation of data or in any other database of information without the prior written consent of CSCS.
3.4 You shall not make any Data Copies except as may be required for backup or archival purposes. You may make limited Data Copies for the purpose of classroom instruction on the express condition that you or any member of your faculty retains at all times, complete control over each Data Copy so made.
4. Intellectual Property
4.1 CSCS represents and warrants that it is the sole and undisputed owner of all the rights, title and interest in respect of the macro level programming as well as the form and structure of the Data. CSCS further represents that the presentation of the Data comprising the said material, more particularly the keywording, the creation of the search facility in order to provide easy and meaningful access to the material contained in the Data constitutes the valuable intellectual property of CSCS.
4.2 CSCS represents that the items of information, the images, the digital records and other copyright works comprising the data contained in the Data have been extracted from original works for the purpose of private study, research, criticism and review and, in their current form, amount to the fair use of the original works.
5. Term and Termination
This Agreement may continue in full force and effect until such time as you are in breach of any of your covenants herein contained including, without limitation, the covenant in respect of the utilisation of the Data, whereupon this license shall automatically terminate. Upon termination of the license under this Agreement you shall immediately return all Data Copies to CSCS or, in the alternative and upon the instructions of CSCS, destroy all such Data Copies.
6. Assignment and Transferability
The License issued under this Agreement is exclusive to you and you shall not transfer, assign or sub-license the same to any third party.
7. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of India.
Any controversy or claim arising out of or relating to this Agreement, or any breach or alleged breach thereof, shall be finally settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Bangalore, India. Judgement upon the award rendered may be entered in any court of competent jurisdiction. However, the law governing the arbitration proceedings shall be the laws of the Republic of India.
Should any part of this Agreement be declared illegal or unenforceable, you will co-operate in all ways open to you to obtain substantially the same result or as much thereof as may be possible, including taking appropriate steps to amend, modify or alter this Agreement. If any term or provision of this Agreement shall be hereafter declared by a final adjudication of any tribunal or court of competent jurisdiction to be illegal, such adjudication shall not alter the validity or enforceability of any other term or provision unless the terms and provisions so declared are expressly defined as conditions precedent or as of the essence of this Agreement, or comprising an integral part of, or inseparable from the remainder of this Agreement.
Since the CSCS research project is being conducted on the basis of Data that has been in part gathered from the public domain, such as library archives, law reporters and such, there shall be neither charge nor liability for the use of such an information by the user with respect to CSCS. However, it is imperative that the user check with the original cited source in case consideration for use needs to be made to the original cited source.
However, since the research project is of a scope that is potentially immense, and since no amount of research funding would be able to cover the project in all its potentiality, CSCS may demand a consideration either in cash or in the form of shared data, code, or outputs based on the nature of the user's research pursuits.
This agreement has been drawn up and authenticated by the Matthan Law Offices, Bangalore.