Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts to: limit access to and use of the Subscribed Products to Authorized Users and notify all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge any passwords or credentials to any third party, and notify all Authorized Users not to divulge any passwords or credentials to any third party; provide true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber; and promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 4 contracts
Samples: Subscription Agreement, Library Subscription License Agreement, Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts will: ▪ take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; ▪ manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limit • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide and • providing true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform informing Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber. ▪ immediately deactivate any credentials when no longer needed or where access presents a security risk; ▪ implement and maintain its own appropriate program for credentials management and ensure access to the Subscribed Products via such credentials is reviewed on an appropriate basis; and ▪ promptly upon becoming aware of any discovering itself, or being notified by Elsevier or a third party, that there has been unauthorized use of the Subscribed ProductsProducts or a security issue permitting unauthorized use, inform Elsevier and Subscriber will take appropriate steps to end such activity and to prevent any recurrence, including, but not limited to, implementing required updates and configuration where needed to rectify the issue. When notified by a third party or upon discovering the unauthorized use directly, Subscriber must promptly notify Elsevier of the unauthorized use. Subscriber will cooperate with Elsevier and share information, subject to any applicable confidentiality or nondisclosure obligations, concerning the unauthorized use or security issue. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts to: limit access to and use of the Subscribed Products to Authorized Users and notify all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge any passwords or credentials to any third party, and notify all Authorized Users not to divulge any passwords or credentials to any third party; provide true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber; and promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend access of the access IP address(es) and/or require that the Subscriber suspend the access passwords from where which the unauthorized use occurred upon notice to the SubscriberConsortium and relevant Institution(s). The Subscriber will shall not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and 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. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts will: ▪ take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; ▪ manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limit ● limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue ● issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; and ● provide true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the each Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier of any changes to the Subscriber each Subscriber’s IP addresses, including the addresses no longer being used exclusively by the each Subscriber; and ▪ immediately deactivate any credentials when no longer needed or where access presents a security risk; ▪ implement and maintain its own appropriate program for credentials management and ensure access to the Subscribed Products via such credentials is reviewed on an appropriate basis; and ▪ promptly upon becoming aware of any discovering itself, or being notified by Elsevier or a third party, that there has been unauthorized use of the Subscribed ProductsProducts or a security issue permitting unauthorized use, inform Elsevier and Subscriber will take appropriate steps to end such activity and to prevent any recurrence, including, but not limited to, implementing required updates and configuration where needed to rectify the issue. When notified by a third party or upon discovering the unauthorized use directly, Subscriber must promptly notify Elsevier of the unauthorized use. Subscriber will cooperate with Elsevier and share information, subject to any applicable confidentiality or nondisclosure obligations, concerning the unauthorized use or security issue. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own gross negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts to: • limit access to and use of the Subscribed Products to Authorized Users and notify all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; • issue any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge any passwords or credentials to any third party, and notify all Authorized Users not to divulge any passwords or credentials to any third party; provide true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber; and • promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier Open-SCS and OPC Foundation who will take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier Open-SCS and OPC Foundation may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts to: ▪ limit access to and use of the Subscribed Products to Authorized Users and notify all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; ▪ issue any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge any passwords or credentials for authentication to any third party, and notify all ensure that Authorized Users do not to divulge any passwords or credentials to any third party; ▪ provide true, complete and accurate IP addresses, as identified on Schedule 2, needed by Elsevier for the performance of this Agreement (if any) ); ▪ implement systems for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier prompt deactivation of any changes credentials for authentication when an individual ceases to the Subscriber IP addressesbe an Authorized User or where their access presents a security risk; ▪ promptly, including the addresses no longer being used exclusively by the Subscriber; and promptly upon on becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence; and ▪ ensure that all Authorized Users comply with the Documentation, as updated from time to time. In the event of If any unauthorized use of the Subscribed ProductsProducts occurs or if Elsevier suspects that it may have occurred or be about to occur, Elsevier may immediately suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriberor where it is suspected. The Subscriber will not be liable for cooperate fully with Elsevier’s reasonable requests surrounding the investigation and remediation of any unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereofuse. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 2 contracts
Samples: Master Software and Services Agreement, Software and Services Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts will: ▪ take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; ▪ manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limit • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; and • provide true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the each Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier of any changes to the Subscriber each Subscriber’s IP addresses, including the addresses no longer being used exclusively by the each Subscriber; and ▪ immediately deactivate any credentials when no longer needed or where access presents a security risk; ▪ implement and maintain its own appropriate program for credentials management and ensure access to the Subscribed Products via such credentials is reviewed on an appropriate basis; and ▪ promptly upon becoming aware of any discovering itself, or being notified by Elsevier or a third party, that there has been unauthorized use of the Subscribed ProductsProducts or a security issue permitting unauthorized use, inform Elsevier and Subscriber will take appropriate steps to end such activity and to prevent any recurrence, including, but not limited to, implementing required updates and configuration where needed to rectify the issue. When notified by a third party or upon discovering the unauthorized use directly, Subscriber must promptly notify Elsevier of the unauthorized use. Subscriber will cooperate with Elsevier and share information, subject to any applicable confidentiality or nondisclosure obligations, concerning the unauthorized use or security issue. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own gross negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will wil l use reasonable efforts to: • limit access to and use of the Subscribed Products to Authorized Users and notify all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; • issue any passwords or credentials used ušed to access the Subscribed Products only to Authorized Users, not divulge any passwords or credentials to any third party, and notify all Authorized Users not to divulge any passwords or credentials to any third party; • provide true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used ušed exclusively by the Subscriber; and • promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take také appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized unaBbrized use did not result from the Subscriber’s 's own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts to: limit access to and use of the Subscribed Products to Authorized Users and notify all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge any passwords or credentials for authentication to any third party, and notify all ensure that Authorized Users do not to divulge any passwords or credentials to any third party; provide true, complete and accurate IP addresses, as identified on Schedule 2, needed by Elsevier for the performance of this Agreement (if any) ); implement systems for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier prompt deactivation of any changes credentials for authentication when an individual ceases to the Subscriber IP addressesbe an Authorized User or where their access presents a security risk; promptly, including the addresses no longer being used exclusively by the Subscriber; and promptly upon on becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of ; and If any unauthorized use of the Subscribed ProductsProducts occurs or if Elsevier suspects that it may have occurred or be about to occur, Elsevier may immediately suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriberor where it is suspected. The Subscriber will not be liable for any unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereofuse. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third third-party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts to: ▪ limit access to and use of the Subscribed Products to Authorized Users and notify all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; ▪ issue any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge any passwords or credentials to any third party, and notify all Authorized Users not to divulge any passwords or credentials to any third party; ▪ provide true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber; and ▪ promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence ownnegligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts will: take appropriate measures to protect against the misuse or unauthorized access, whether by the Consortium and relevant Institution(s) or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limit • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide and • providing true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber Consortium and relevant Institution(s) (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform informing Elsevier of any changes to the Subscriber Consortium and relevant Institution(s) IP addresses, including the addresses no longer being used exclusively by the SubscriberConsortium and relevant Institution(s). without undue delay, deactivate any credentials when no longer needed or where access presents a security risk; implement appropriate policies and procedures to seek to ensure that all use of the Subscribed Products is for its legitimate business purposes and in compliance with all terms and conditions herein; implement and maintain its own appropriate program for credentials management and will use commercially reasonable efforts to follow the policies and procedures for account maintenance as may be communicated to the Consortium by Elsevier from time to time in writing; on an appropriate basis, review access to the Subscribed Products by its passwords or credentials used to access the Subscribed Products to ensure that such access was in compliance with all terms and conditions herein; and promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend access of the access IP address(es) and/or require that the Subscriber suspend the access passwords from where which the unauthorized use occurred upon notice to the SubscriberConsortium and relevant Institution(s). The Subscriber will shall not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and 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. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts will: ▪ take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; ▪ manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limit • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; and • provide true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the each Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier of any changes to the Subscriber each Subscriber’s IP addresses, including the addresses no longer being used exclusively by the each Subscriber; and ▪ immediately deactivate any credentials when no longer needed or where access presents a security risk; ▪ implement and maintain its own appropriate program for credentials management and ensure access to the Subscribed Products via such credentials is reviewed on an appropriate basis; and ▪ promptly upon becoming aware of any discovering itself, or being notified by Elsevier or a third party, that there has been unauthorized use of the Subscribed ProductsProducts or a security issue permitting unauthorized use, inform Elsevier and Subscriber will take appropriate steps to end such activity and to prevent any recurrence, including, but not limited to, implementing required updates and configuration where needed to rectify the issue. When notified by a third party or upon discovering the unauthorized use directly, Subscriber must promptly notify Elsevier of the unauthorized use. Subscriber will cooperate with Elsevier and share information, subject to any applicable confidentiality or nondisclosure obligations, concerning the unauthorized use or security issue; In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own gross negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limit limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide and providing true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform informing Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber. without undue delay, deactivate any credentials when no longer needed or where access presents a security risk; implement appropriate policies and procedures to seek to ensure that all use of the Subscribed Products is for its legitimate business purposes and in compliance with all terms and conditions herein; implement and maintain its own appropriate program for credentials management and will use commercially reasonable efforts to follow the policies and procedures for account maintenance; on an appropriate basis, review access to the Subscribed Products by its passwords or credentials used to access the Subscribed Products to ensure that such access was in compliance with all terms and conditions herein; and promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. recurrence In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend access of the access IP address(es) and/or require that the Subscriber suspend the access passwords from where which the unauthorized use occurred upon notice to the SubscriberConsortium and relevant Institution(s). The Subscriber will shall not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and 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. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts will: ▪ take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; ▪ manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limit • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; and • provide true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber Consortium and relevant Institution(s) (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier of any changes to the Subscriber Consortium and relevant Institution’s IP addresses, including the addresses no longer being used exclusively by the Subscriber. ▪ immediately deactivate any credentials when no longer needed or where access presents a security risk; ▪ implement and maintain its own appropriate program for credentials management and ensure access to the Subscribed Products via such credentials is reviewed on an appropriate basis; and ▪ promptly upon becoming aware of any discovering itself, or being notified by Elsevier or a third party, that there has been unauthorized use of the Subscribed ProductsProducts or a security issue permitting unauthorized use, inform Elsevier and Subscriber will take appropriate steps to end such activity and to prevent any recurrence, including, but not limited to, implementing required updates and configuration where needed to rectify the issue. When notified by a third party or upon discovering the unauthorized use directly, Subscriber must promptly notify Elsevier of the unauthorized use. Subscriber will cooperate with Elsevier and share information, subject to any applicable confidentiality or nondisclosure obligations, concerning the unauthorized use or security issue. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber Consortium and relevant Institution(s) suspend the access from where the unauthorized use occurred upon notice to the SubscriberConsortium and relevant Institution(s). The Subscriber Consortium and relevant Institution(s) will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s Consortium and relevant Institution(s)’ own negligence or willful misconduct and that the Subscriber Consortium and relevant Institution(s) did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber Consortium and relevant Institution(s) will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber Consortium and relevant Institution(s) engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts will: • take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber's credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; • manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limit • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide and • providing true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if i f requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform informing Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber. • without undue delay, deactivate any credentials when no longer needed or where access presents a security risk; • implement appropriate policies and procedures to seek to ensure that all use of the Subscribed Products is for its legitimate business purposes and in compliance with all terms and conditions herein; • implement and maintain its own appropriate program for credentials management and will use commercially reasonable efforts to follow the policies and procedures for account maintenance as may be communicated to the Subscriber by Elsevier from time to time in writing; • on an appropriate basis, review access to the Subscribed Products by its passwords or credentials used to access the Subscribed Products to ensure that such access was in compliance with all terms and conditions herein; and • promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s 's own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts will: ▪ take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; ▪ manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limit • limiting access to and use of the Subscribed Products to Authorized Users and make reasonable efforts to notify all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide and • providing true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third third-party internet service provider) and provider)and proactively inform informing Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber. ▪ without undue delay deactivate any credentials when no longer needed or where access presents a security risk; ▪ implement and maintain its own appropriate program for credentials management and ensure access to the Subscribed Products via such credentials is reviewed on an appropriate basis; and ▪ promptly upon becoming aware of any discovering itself, or being notified by Elsevier or a third party, that there has been unauthorized use of the Subscribed ProductsProducts or a security issue permitting unauthorized use, inform Elsevier and Subscriber will take appropriate steps to end such activity and to prevent any recurrence, including, but not limited to, implementing required updates and configuration where needed to rectify the issue. When notified by a third party or upon discovering the unauthorized use directly, Subscriber must promptly notify Elsevier of the unauthorized use. Subscriber will cooperate with Elsevier and share information, subject to any applicable confidentiality or nondisclosure obligations, concerning the unauthorized use or security issue. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. In the event that Elsevier detects unauthorized use, Elsevier will promptly notify the Subscriber by email and telephone and request its cooperation to resolve and avoid recurrence of the unauthorized use and will promptly restore any suspended access once the unauthorized use has ceased and the Subscriber has taken corrective actions to ensure that such unauthorized use does not recur. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third third-party provider the Subscriber engages, in particular, if such third third-party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts will: ▪ take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; ▪ manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limit • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide and • providing true, complete and accurate IP addresses, as identified on Schedule 2Order, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform informing Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber. ▪ without undue delay, deactivate any credentials when no longer needed or where access presents a security risk; ▪ implement appropriate policies and procedures to seek to ensure that all use of the Subscribed Products is for its legitimate business purposes and in compliance with all terms and conditions herein; ▪ implement and maintain its own appropriate program for credentials management and will use commercially reasonable efforts to follow the policies and procedures for account maintenance as may be communicated to the Subscriber by Elsevier from time to time in writing; ▪ on an appropriate basis, review access to the Subscribed Products by its passwords or credentials used to access the Subscribed Products to ensure that such access was in compliance with all terms and conditions herein; and ▪ promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Elsevier Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts to: limit take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide and providing true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform informing Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber. without undue delay, deactivate any credentials when no longer needed or where access presents a security risk; implement appropriate policies and procedures to seek to ensure that all use of the Subscribed Products is for its legitimate business purposes and in compliance with all terms and conditions herein; implement and maintain its own appropriate program for credentials management and will use commercially reasonable efforts to follow the policies and procedures for account maintenance; on an appropriate basis, review access to the Subscribed Products by its passwords or credentials used to access the Subscribed Products to ensure that such access was in compliance with all terms and conditions herein; and promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access of the IP address(es) and/or require that the Subscriber suspend the access passwords from where which the unauthorized use occurred upon notice to the SubscriberSubscriber and relevant Institution(s). The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and 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. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addressesthereof .
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts towill: limit take appropriate measures to protect against the misuse or unauthorized access, whether by the Consortium and relevant Institution(s) or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide and • providing true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber Consortium and relevant Institution(s) (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform informing Elsevier of any changes to the Subscriber Consortium and relevant Institution(s) IP addresses, including the addresses no longer being used exclusively by the SubscriberConsortium and relevant Institution(s). without undue delay, deactivate any credentials when no longer needed or where access presents a security risk; implement appropriate policies and procedures to seek to ensure that all use of the Subscribed Products is for its legitimate business purposes and in compliance with all terms and conditions herein; implement and maintain its own appropriate program for credentials management and will use commercially reasonable efforts to follow the policies and procedures for account maintenance as may be communicated to the Consortium by Elsevier from time to time in writing; on an appropriate basis, review access to the Subscribed Products by its passwords or credentials used to access the Subscribed Products to ensure that such access was in compliance with all terms and conditions herein; and promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend access of the access IP address(es) and/or require that the Subscriber suspend the access passwords from where which the unauthorized use occurred upon notice to the SubscriberConsortium and relevant Institution(s). The Subscriber will shall not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and 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. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts will: • take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber's credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; • manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: limit • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide party;and • providing true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if i f requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform informing Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber. • immediately deactivate any credentials when no longer needed or where access presents a security risk; • implement and maintain its own appropriate program for credentials management and ensure access to the Subscribed Products via such credentials is reviewed on an appropriate basis; and • promptly upon becoming aware of any discovering itself, or being notified by Elsevier or a third party, that there has been unauthorized use of the Subscribed ProductsProducts or a security issue permitting unauthorized use, inform Elsevier and Subscriber will take appropriate steps to end such activity and to prevent any recurrence, including, but not limited to, implementing required updates and configuration where needed to rectify the issue. When notified by a third party or upon discovering the unauthorized use directly, Subscriber must promptly notify Elsevier of the unauthorized use. Subscriber will cooperate with Elsevier and share information, subject to any applicable confidentiality or nondisclosure obligations, concerning the unauthorized use or security issue. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s 's own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if i f such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts to: limit access to and use of the Subscribed Products to Authorized Users and notify all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge any passwords or credentials to any third party, and notify all Authorized Users not to divulge any passwords or credentials to any third party; provide true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber; and promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence negligent acts or willful misconduct omissions and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will Institution shall use reasonable efforts to: ▪ limit access to and use of the Subscribed Products to Authorized Users and notify all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; ▪ issue any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge any passwords or credentials to any third party, and notify all Authorized Users not to divulge any passwords or credentials to any third party; ▪ provide true, complete and accurate IP addresses, as identified on Schedule 2, (if any) 2 for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) Institution unless otherwise mutually agreed and proactively promptly inform Elsevier of any changes to the Subscriber Institution IP addresses, including the addresses no longer being used exclusively by the SubscriberInstitution; and ▪ promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access of the IP address(es), passwords, session ID’s and/or require that the Subscriber suspend the access delegated authentication mechanism from where which the unauthorized use occurred upon notice to the SubscriberInstitution and any suspended access shall be promptly restored once the unauthorized use has ceased and the Institution has taken corrective actions to ensure that such unauthorized use does not recur. Elsevier shall also have the right to request that the Institution terminate access to the Subscribed Products by an Authorized User who engages in unauthorized use. The Subscriber Institution will not be liable for unauthorized use of the Subscribed Products by any Authorized Users or third party, provided that the unauthorized use Institution did not result from the Subscriber’s own negligence cause, knowingly assist in or willful misconduct and that the Subscriber did not condone such breach or permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts towill: limit take appropriate measures to protect against the misuse or unauthorized access, whether by the Consortium and relevant Institution(s) or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide and • providing true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber Consortium and relevant Institution(s) (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform informing Elsevier of any changes to the Subscriber Consortium and relevant Institution(s) IP addresses, including the addresses no longer being used exclusively by the Subscriber; and promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps provide access to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that as of 1 January 2021, i.e. before the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions commencement of this Agreement by a third party provider due to the necessity of access to the Subscribed Products of 1 January 2021, to the Subscriber engages, and Authorized Users in particular, if the full scope of the authorization stipulated herein including all and any possible rights and authorizations such third party provider supplies as potential archiving rights or extent of the access to the backfile content of Subscribed Products. The Fees set forth in Schedule 1 are agreed with regards to this availability of Subscribed Products. Performance of the Elsevier’s obligation to make the Subscribed Products available before the Agreement takes effect shall be considered entirely as a performance according to and manages IP addressesin compliance with this Agreement.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts to: limit ▪ take appropriate measures to protect against the misuse or unauthorized access, whether by the Subscriber or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; ▪ manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide and • providing true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform informing Elsevier of any changes to the Subscriber IP addresses, including the addresses no longer being used exclusively by the Subscriber. ▪ without undue delay, deactivate any credentials when no longer needed or where access presents a security risk; ▪ implement appropriate policies and procedures to seek to ensure that all use of the Subscribed Products is for its legitimate business purposes and in compliance with all terms and conditions herein; ▪ implement and maintain its own appropriate program for credentials management and will use commercially reasonable efforts to follow the policies and procedures for account maintenance as may be communicated to the Subscriber by Elsevier from time to time in writing; ▪ on an appropriate basis, review access to the Subscribed Products by its passwords or credentials used to access the Subscribed Products to ensure that such access was in compliance with all terms and conditions herein; and ▪ promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access and/or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement
Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts towill: limit take appropriate measures to protect against the misuse or unauthorized access, whether by the Consortium and relevant Institution(s) or any third party, through or to (a) the Subscriber’s credentials used to access the Subscribed Products; and (b) the Subscribed Products and/or information derived therefrom; manage identification, use, access and control of all credentials used to access the Subscribed Products in an appropriately secure manner, including, but not limited to, by: • limiting access to and use of the Subscribed Products to Authorized Users and notify notifying all Authorized Users of the usage restrictions set forth in this Agreement and that they must comply with such restrictions; issue • issuing any passwords or credentials used to access the Subscribed Products only to Authorized Users, not divulge divulging any passwords or credentials to any third party, and notify notifying all Authorized Users not to divulge any passwords or credentials to any third party; provide and • providing true, complete and accurate IP addresses, as identified on Schedule 2, (if any) for the exclusive use by the Subscriber Consortium and relevant Institution(s) (including, if requested by Elsevier, written confirmation by the relevant third party internet service provider) and proactively inform informing Elsevier of any changes to the Subscriber Consortium and relevant Institution(s) IP addresses, including the addresses no longer being used exclusively by the SubscriberConsortium and relevant Institution(s). without undue delay, deactivate any credentials when no longer needed or where access presents a security risk; implement appropriate policies and procedures to seek to ensure that all use of the Subscribed Products is for its legitimate business purposes and in compliance with all terms and conditions herein; implement and maintain its own appropriate program for credentials management and will use commercially reasonable efforts to follow the policies and procedures for account maintenance as may be communicated to the Consortium by Elsevier from time to time in writing; on an appropriate basis, review access to the Subscribed Products by its passwords or credentials used to access the Subscribed Products to ensure that such access was in compliance with all terms and conditions herein; and promptly upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. recurrence In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend access of the access IP address(es) and/or require that the Subscriber suspend the access passwords from where which the unauthorized use occurred upon notice to the SubscriberConsortium and relevant Institution(s). The Subscriber will shall not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized use did not result from the Subscriber’s own negligence or willful misconduct and 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. The Subscriber will be responsible for the adherence to the terms and conditions of this Agreement by a third party provider the Subscriber engages, in particular, if such third party provider supplies and manages IP addresses.
Appears in 1 contract
Samples: Subscription Agreement