Common use of REPRESENTATION, WARRANTIES AND INDEMNIFICATION Clause in Contracts

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 The Publisher warrants to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's or Authorised Users use of the Licensed Material, provided that: (1) the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; (2) the Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 The Publisher reserves the right to change the presentation or user facilities and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify the Licensee of any substantial change to the Licensed Material. 8.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Users as a result of their reliance on the Licensed Material. 8.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 The Licensee agrees to notify the Publisher immediately, provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 Nothing in this Agreement shall make the Licensee liable for breach of the terms of this Agreement by any Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as provided for in Clause 8.1, neither the Licensee nor the Publisher will be liable to the other in contract or negligence or otherwise for (i) any special, indirect, incidental, punitive or consequential damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its liability for (i) death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 10.1 The Publisher warrants to the Licensee that it is entitled to grant the licence in this Agreement and that the use of the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement does Licence will not infringe any Intellectual Property Rights copyright or other proprietary or intellectual property rights of any natural or legal person. The Publisher agrees that the Licensee and Authorised Institutions shall have no liability and the Publisher will indemnify, defend and hold the Licensee and Authorised Institutions harmless against any and all direct damages, liabilities, claims, causes of action, legal attorneys' fees and costs incurred by the Licensee or Authorised Institutions in defending against any third party claim of Intellectual Property Rights intellectual property rights infringements or threats of claims thereof with respect of the Licensee's or and Authorised Users Institution's use of the Licensed Material, provided that: : (1) the use of the Licensed Material has been in full compliance with the terms and conditions of this AgreementLicence; (2) the Licensee provides and Authorised Institution(s) provide the Publisher with prompt notice of any such claim or threat of claim; (3) the Licensee co-operates and Authorised institutions co- operate fully with the Publisher in the defence or settlement of such claim; and (4) the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 10.2 The Publisher reserves the right to change the presentation or content, presentation, user facilities or availability of parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify the Licensee of any substantial change to the Licensed Material. 8.3 10.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Authorised Institutions or Authorised Users as a result of their reliance on the Licensed Material. 8.4 10.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 10.5 The Licensee agrees to notify the Publisher immediately, immediately and provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claimsMaterial. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 10.6 Nothing in this Agreement shall make the Licensee liable for breach of the terms of this Agreement by any Authorised Institution or Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as provided for in Clause 8.1, neither the Licensee nor the Publisher will be liable to the other in contract or negligence or otherwise for (i) any special, indirect, incidental, punitive or consequential damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its liability for (i) death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 12.1 The Publisher Licensee represents and warrants that it has sufficient authority and rights to enter into and perform its obligations under this Agreement. 12.2 The Licensor warrants to the Licensee that the Licensed Material Product and all Intellectual Property Rights intellectual property rights therein are owned by or licensed to the Publisher Licensor and that the Licensed Material Product used as contemplated in this Agreement does do not infringe any Intellectual Property Rights copyright or other proprietary or intellectual property rights of any natural or legal person. The Publisher Licensor agrees that the Licensee shall have no liability and the Publisher Licensor will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal attorneys' fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights intellectual property rights infringements or threats of claims thereof with respect of the Licensee's or Authorised Users use of the Licensed MaterialProduct or any other use of the Licensed Product in accordance with this Agreement, provided that: : (1) the use of the Licensed Material Product has been in full compliance with the terms and conditions of this AgreementAgreement ; (2) the Licensee provides Licensee(s) provide the Publisher Licensor with prompt notice of any such claim or threat of claim; (3) the Licensee co-operates fully with the Publisher Licensor in the defence or settlement of such claim; and (4) the Publisher Licensor has sole and complete control over the defence or settlement of such claim. 8.2 12.3 The Publisher Licensor reserves the right at any time to withdraw from the Licensed Material any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, incorrect or otherwise objectionable; to change the presentation or content, presentation, user facilities or availability of parts of the Licensed Product; and to make changes in any software used to make the Licensed Material Product available at their sole discretion. The Publisher Licensor will notify give written notice to the Licensee Licensee(s) at least thirty (30) days in advance of any substantial anticipated specification change or withdrawal applicable to the Licensed MaterialMaterial except in cases where the item(s) infringes copyright or is defamatory, obscene, unlawful, incorrect or otherwise objectionable where such material may be removed without notice. In the event of withdrawal by the Licensor of the Licensed Material or any part thereof and if applicable during the 30 day period, the Licensee shall have the right to terminate the Agreement and to be made a pro rata refund of the Fee taking into account the amount of material withdrawn and the remaining unexpired period of the Agreement. 8.3 12.4 While the Publisher Licensor has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed MaterialProduct, the Publisher Licensor makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material Product including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher Licensor accepts no liability for loss suffered or incurred by the Licensee Licensee(s) or Authorised Users as a result of their reliance on the Licensed MaterialProduct. 8.4 12.5 In no circumstances will the Publisher Licensor be liable to the Licensee for any loss resulting from a cause over which the Publisher Licensor does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 12.6 The Licensee agrees to notify the Publisher immediately, Licensor immediately and provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claimsProduct. It is expressly agreed that upon such notification, or if the Publisher Licensor becomes aware of such a claim from other sources, the Publisher Licensor may remove such work(s) from the Licensed MaterialProduct. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 12.7 Nothing in this Agreement shall make the Licensee liable for breach of the terms of this Agreement by any Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as provided for 12.8 The Licensee shall undertake to the Licensor that the computer system through which Licensed Product will be used is configured, and procedures are in Clause 8.1place, neither to prohibit access to the Licensed Product by any person other than an Authorised User, that it shall inform the Authorised Users about the conditions of use of the Licensed Product, and that during the term of this Agreement, the Licensee nor the Publisher will be liable continue to the other in contract or negligence or otherwise for (i) any special, indirect, incidental, punitive or consequential damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expensesmake reasonable efforts to bar non-permitted access and to convey appropriate use information to its Authorised Users. 8.8 No party limits its liability for (i) death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants guarantees to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this License Agreement does not infringe any Intellectual Property Rights of any natural or legal person. 2. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's or Authorised Contractually Defined Users use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 3. The Publisher reserves the right at any time to change the presentation or user facilities and to make changes in any software used to make withdraw from the Licensed Material available at their sole discretionany item or Part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher will notify shall give written notice to the Licensee of any substantial change such withdrawal. If the withdrawal results in the Licensed Material being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this License by the Publisher. Licensee may alternatively claim an appropriate, proportionate reduction of License Fee with regard to the remaining Licensed Material. 8.3 4. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of Part of, the Licensed Material including (without limitation) the fitness of such information or part Part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Contractually Defined Users as a result of their reliance on the Licensed Material. 8.4 5. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised unauthorized access, theft, or operator errors. 8.5 6. The Licensee agrees to shall notify the Publisher immediately, provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed MaterialMaterial as long as this claim persists. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this License Agreement. 8.6 7. Nothing in this License Agreement shall make the Licensee liable for breach of the terms of this License Agreement by any Authorised Contractually Defined User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 8. Save as provided for in Clause 8.1§ 11.2, neither the Licensee nor the Publisher will shall be liable to the other in contract or negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its 9. Save as provided for in § 11.2, the liability for (i) death or personal damage from injury to life, body or health as well as the extent it results liability for damage caused intentionally or by gross negligence is unlimited. Apart from its this neither party shall be liable to the other for slight or ordinary negligence, or of its employees or agents except in the course event of their engagement; negligence which leads to a breach of a contractual obligation, whose fulfillment is indispensable for the proper execution of the contract and on whose observance the contracting party may regularly rely (ii) its own fraud essential obligation). In case of slight or that ordinary negligence which gives rise to a breach of its employees or agents in a contractual obligation, however, the course liability of their engagementall parties for breaching an essential obligation is limited to the damage which may be typically expected during the execution of this agreement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants guarantees to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. 2. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, the Institution's or Authorised Users use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 3. The Publisher reserves the right to change update the presentation or content, presentation, user facilities and to make changes in any software used to make the Licensed Material available at their its sole discretion. The Publisher will notify shall give written notice to the Licensee of any substantial change to the Licensed Material. If the change results in the Licensed Material being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this License. Should the Publisher sell the Licensed Material to another publisher, the Licensee shall have the right to provide local hosting for the Licensed Material. 8.3 4. The Publisher reserves the right at any time to withdraw from the Licensed Material any item or Part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher shall give written notice to the Licensee of such withdrawal. If the withdrawal results in the Licensed Material being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this License. Licensee may alternatively claim an appropriate, proportionate reduction of License Fee with regard to the remaining Licensed Material. 5. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of Part of, the Licensed Material including (without limitation) the fitness of such information or part Part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, an Institution or Authorised Users as a result of their reliance on the Licensed Material. 8.4 6. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 7. The Licensee agrees to and Institutions shall notify the Publisher immediately, provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed MaterialMaterial as long as this claim persists. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Licence Agreement. 8.6 8. Nothing in this Licence Agreement shall make the Licensee or the Institutions liable for breach of the terms of this Licence Agreement by any Authorised User provided that the Licensee or the Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 9. Save as provided for in Clause 8.1§ 10.2, neither the Licensee or the Institutions nor the Publisher will shall be liable to the other in contract or negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No 10. Save as provided for in § 10.2, the following shall apply: For damage caused intentionally or by gross negligence the liability is unlimited. The same applies for damages to life, body and health. Apart from this neither party limits its liability for (i) death or personal injury shall be liable to the extent it results from its other for slight negligence, or of its employees or agents except in the course event of their engagement; a breach of a contractual obligation, whose fulfillment is indispensable for the proper execution of the contract and on whose observance the contracting party may regularly rely (ii) its own fraud or that essential obligation). In case of its employees or agents in slight negligence, however, the course liability of their engagementall parties for breaching an essential obligation is limited to the damage which may be typically expected during the execution of this agreement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants guarantees to the Licensee and Participating Institutions that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. 2. The Publisher agrees that the Licensee Licensee, Participating Institutions and Authorized Users shall have no liability and the Publisher will indemnify, defend and hold the Licensee Licensee, Participating Institutions and Authorized Users harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee Licensee, Participating Institutions and Authorized Users in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's Licensee'ss, Participating Institution'ss or Authorised Users use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 3. The Publisher reserves the right to change update the presentation or content, presentation, user facilities and to make changes in any software used to make the Licensed Material available at their its sole discretion. The Publisher will notify shall give written notice to the Licensee and Participating Institutions of any substantial change to the Licensed Material. If the change results in the Licensed Material being no longer deemed useful by the Licensee and Participating Institutions, the Licensee and Participating Institutions may within sixty days of such notice treat such changes as a material breach of this License. Should the Publisher sell the Licensed Material to another publisher, the Licensee and Participating Institutions shall have the right to provide local hosting for the Licensed Material. 8.3 4. The Publisher reserves the right at any time to withdraw from the Licensed Material any item or Part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher shall give written notice to the Licensee and Participating Institutions of such withdrawal. If the withdrawal results in the Licensed Material being no longer deemed useful by the Licensee and Participating Institutions, the Licensee and Participating Institutions may within sixty days of such notice treat such changes as a material breach of this License. Licensee may alternatively claim an appropriate, proportionate reduction of License Fee with regard to the remaining Licensed Material. 5. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of Part of, the Licensed Material including (without limitation) the fitness of such information or part Part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, Participating Institution or Authorised Users as a result of their reliance on the Licensed Material. 8.4 6. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator user errors. 8.5 7. The Licensee agrees to and Participating Institution shall notify the Publisher immediately, immediately and provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened Material as long as this claim by any third party shall be deemed a material breach of this Agreementpersists. 8.6 8. Nothing in this Licence Agreement shall make the Licensee and Participating Institutions liable for breach of the terms of this Licence Agreement by any Authorised User provided that the Licensee or Participating Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 9. Save as provided for in Clause 8.1§ 11.2, neither the Licensee Licensee, a Participating Institution nor the Publisher will shall be liable to the other in contract or negligence or otherwise for (i) - any special, indirect, incidental, punitive or consequential damages (ii) or - loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No 10. Save as provided for in § 11.2, the following shall apply: For damage caused intentionally or by gross negligence the liability is unlimited. The same applies for damages to life, body and health. Apart from this neither party limits its liability for (i) death or personal injury shall be liable to the extent it results from its other for slight negligence, or of its employees or agents except in the course event of their engagement; a breach of a contractual obligation, whose fulfillment is indispensable for the proper execution of the contract and on whose observance the contracting party may regularly rely (ii) its own fraud or that essential obligation). In case of its employees or agents in slight negligence, however, the course liability of their engagementall parties for breaching an essential obligation is limited to the damage which may be typically expected during the execution of this agreement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants to the Licensee that the Licensed Material licensed material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material licensed material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, the Institution's or Authorised Users use of the Licensed Materiallicensed material, provided that: (1) the : - The use of the Licensed Material licensed material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 2. The Publisher reserves the right to change the presentation or content (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of parts of the licensed material and to make changes in any software used to make the Licensed Material licensed material available at their sole discretion. The Publisher will notify the Licensee of any substantial change to the Licensed Materiallicensed material. 8.3 3. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Materiallicensed material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of of, the Licensed Material licensed material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, an Institution or Authorised Users as a result of their reliance on the Licensed Materiallicensed material. 8.4 4. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 5. The Licensee agrees to notify the Publisher immediately, provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material licensed material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Materiallicensed material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Licence Agreement. 8.6 6. Nothing in this Licence Agreement shall make the Licensee or an Institution liable for breach of the terms of this Licence Agreement by any Authorised User provided that the Licensee or the Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. Nothing in this Licence Agreement shall make the Licensee liable for breach of the terms of the Licence Agreement by any Institution provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach to continue after becoming aware of an actual breach having occurred. 8.7 7. Save as provided for in Clause 8.110.1, neither the Licensee nor the Publisher will be liable to the other in contract or negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 8. No party limits its liability for (i) death - Death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its - Its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 11.1 The Publisher warrants to the Licensee Members that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement does shall not infringe any Intellectual Property Rights or other rights of any natural or legal person. The Publisher agrees that the Licensee Members shall have no liability and the Publisher will indemnify, defend and hold the Licensee Members harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee any Member in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of to the Licensee's Member’s or its Authorised Users Users’ use of the Licensed Material, provided that: (1) 11.1.1 the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; (2) ; 11.1.2 the Licensee Member provides the Publisher with prompt notice of any such claim or threat of claim; (3) ; 11.1.3 the Licensee Member co-operates fully with the Publisher in the defence or settlement of such claim; and (4) and 11.1.4 the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 11.2 The Publisher reserves the right to change the presentation content of all or any part of the Licensed Material (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify give six months’ notice to the Licensee Members of any substantial change to the Licensed Material. 8.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Users as a result of their reliance on the Licensed Material. 8.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 The Licensee 11.3 Each Member agrees to notify the Publisher immediately, immediately and to provide full particulars all information available in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and it shall do all things reasonably required to assist the Publisher in such claims, and such Member shall be reimbursed on demand for all expenses incurred in doing so. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 11.4 Nothing in this Agreement shall make the Licensee any Member liable for breach of the terms of this Agreement by any Authorised User provided that the Licensee it did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as 11.5 Each Member shall have several liability under and in connection with this Agreement. 11.6 Subject to Clause 11.7 or liability for any intellectual property claims, each party’s liability for any claim whether in contract, tort (including for negligence or breach of statutory duty howsoever arising), restitution or otherwise, for any loss or damage, arising out of or in connection with this Agreement shall be limited to an amount equal to the total Licence Fee paid and payable under this Agreement during the twelve (12) months immediately preceding the date on which the claim arose in respect of any event or series of connected events provided for in Clause 8.1, neither the Licensee nor the Publisher will always that no party shall be liable to the other in contract or negligence or otherwise for (i) for: 11.6.1 any special, indirect, incidental, punitive or consequential damages (ii) damages; 11.6.2 loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for savings; or 11.6.3 any increased costs or expenses. 8.8 11.7 No party limits its liability for (i) for: 11.7.1 death or personal injury to the extent it results from its negligence, or that of its employees or agents in the course of their engagement; and (ii) or 11.7.2 its own fraud or that of its employees or agents in the course of their engagement. 11.8 Save as expressly set out in this Agreement, all other warranties, conditions, representations, statements, terms and provisions, whether express or implied by statute, common law, course of dealings or otherwise, are hereby excluded to the greatest extent permitted by applicable law.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 12.1 The Publisher warrants to the Licensee Members that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement does shall not infringe any Intellectual Property Rights or other rights of any natural or legal person. The Publisher agrees that the Licensee Members shall have no liability and the Publisher will indemnify, defend and hold the Licensee Members harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee any Member in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of to the Licensee's Member’s or its Authorised Users Users’ use of the Licensed Material, provided that: (1) 12.1.1 the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; (2) ; 12.1.2 the Licensee Member provides the Publisher with prompt notice of any such claim or threat of claim; (3) ; 12.1.3 the Licensee Member co-operates fully with the Publisher in the defence or settlement of such claim; and (4) and 12.1.4 the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 12.2 The Publisher reserves the right to change the presentation content of all or any part of the Licensed Material (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify give six months’ notice to the Licensee Members of any substantial change to the Licensed Material. 8.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Users as a result of their reliance on the Licensed Material. 8.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 The Licensee 12.3 Each Member agrees to notify the Publisher immediately, immediately and to provide full particulars all information available in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and it shall do all things reasonably required to assist the Publisher in such claims, and such Member shall be reimbursed on demand for all expenses incurred in doing so. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 Nothing 12.4 Save in respect of a breach of clause 7 by a Member which results in an Authorised User breaching the terms of this Agreement, nothing in this Agreement shall make the Licensee any Member liable for breach of the terms of this Agreement by any Authorised User provided that the Licensee it did not cause, knowingly or recklessly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as provided 12.5 Each Member shall have several liability under and in connection with this Agreement. 12.6 Subject to Clause 12.7 or liability for any intellectual property claims, each party’s liability for any claim whether in Clause 8.1contract, neither the Licensee nor the Publisher will tort (including for negligence or breach of statutory duty howsoever arising), restitution or otherwise, for any loss or damage, arising out of or in connection with this Agreement shall be liable limited to an amount equal to the other in contract or negligence or otherwise for (i) any special, indirect, incidental, punitive or consequential damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its liability for (i) death or personal injury to total Licence Fee paid and payable under this Agreement during the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or agents in the course of their engagement.twelve

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants guarantees to the Licensee and Participating Institutions that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. 2. The Publisher agrees that the Licensee Licensee, Participating Institutions and Authorized Users shall have no liability and the Publisher will indemnify, defend and hold the Licensee Licensee, Participating Institutions and Authorized Users harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee Licensee, Participating Institutions and Authorized Users in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, Participating Institution's or Authorised Users use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 3. The Publisher reserves the right to change update the presentation or content, presentation, user facilities and to make changes in any software used to make the Licensed Material available at their its sole discretion. The Publisher will notify shall give written notice to the Licensee and Participating Institutions of any substantial change to the Licensed Material. If the change results in the Licensed Material being no longer deemed useful by the Licensee and Participating Institutions in their reasonable opinion, the Licensee and Participating Institutions may within sixty days of such notice treat such changes as a material breach of this License. Should the Publisher sell the Licensed Material to another publisher, the Licensee and Participating Institutions shall have the right to provide local hosting for the Licensed Material. 8.3 4. The Publisher reserves the right at any time to withdraw from the Licensed Material any item or Part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher shall give written notice to the Licensee and Participating Institutions of such withdrawal. If the withdrawal results in the Licensed Material being no longer deemed useful by the Licensee and Participating Institutions in their reasonable opinion, the Licensee and Participating Institutions may within sixty days of such notice treat such changes as a material breach of this License. Licensee may alternatively claim an appropriate, proportionate reduction of License Fee with regard to the remaining Licensed Material. 5. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of Part of, the Licensed Material including (without limitation) the fitness of such information or part Part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, Participating Institution or Authorised Users as a result of their reliance on the Licensed Material. 8.4 6. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator user errors. 8.5 7. The Licensee agrees to and Participating Institution shall notify the Publisher immediately, immediately and provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened Material as long as this claim by any third party shall be deemed a material breach of this Agreementpersists. 8.6 8. Nothing in this Licence Agreement shall make the Licensee and Participating Institutions liable for breach of the terms of this Licence Agreement by any Authorised User provided that the Licensee or Participating Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 9. Save as provided for in Clause 8.1§ 11.2, neither the Licensee Licensee, a Participating Institution nor the Publisher will shall be liable to the other in contract or negligence or otherwise for (i) - any special, indirect, incidental, punitive or consequential damages (ii) or - loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No 10. Save as provided for in § 11.2, the following shall apply: For damage caused intentionally or by gross negligence the liability is unlimited. The same applies for damages to life, body and health. Apart from this neither party limits its liability for (i) death or personal injury shall be liable to the extent it results from its other for slight negligence, or of its employees or agents except in the course event of their engagement; a breach of a contractual obligation, whose fulfillment is indispensable for the proper execution of the contract and on whose observance the contracting party may regularly rely (iiessential obligation). In case of slight negligence, however, the liability of all parties for breaching an essential obligation is limited to the damage which may be typically expected during the execution of this agreement. The Licensed Material consists of the following databases: Xxxxx - Xxxxxxx of Nyssa Online Bayerische Staatsbibliothek Xxxxxxxx-Xxxxx-Universität Tübingen Higher Education Institutions financed either by public or private funding National, regional and state libraries Academic specialist libraries mainly financed by public funding Research institutions mainly financed by public funding Governmental institutions Diocesan libraries and regional church libraries in Germany Including any of the above mentioned types of German institutions abroad A list of participating members - which can be widened if required - will be provided to Xxxxx by the Bayerische Staatsbibliothek before activation of access to the licensed materials. BSB will provide details as follows: Licensing institution name and address Licensing institution contact email address Licensing institution IP Ranges Individuals who are authorised by the Institution to access the Institution's information services whether on-site or off-site via Secure Authentication and who are affiliated to the Institution as a current student (including but not limited to undergraduates, postgraduates and guest students), member of staff (whether on a permanent or temporary basis including retired members of staff and any teacher who teaches Authorised Users) its own fraud or that contractor or registered user of its employees the Institution. Persons who are not currently a student, member of staff, contractor or agents in registered user of the course Institution, but who are permitted to access the Institution's information services from computer terminals or otherwise within the physical premises of their engagementthe Institution ("Walk-In Users") are also deemed to be Authorised Users, only for the time they are within the physical premises of the Institution.>

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, the Institution's or Authorised Users use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 2. The Publisher reserves the right at any time to change the presentation or user facilities and to make changes in any software used to make withdraw from the Licensed Material available at their sole discretionany item or part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher will notify shall give written notice to the Licensee of any substantial change to such withdrawal. If the withdrawal results in the Licensed MaterialMaterial being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this License. 8.3 3. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of of, the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, an Institution or Authorised Users as a result of their reliance on the Licensed Material. 8.4 4. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 5. The Licensee agrees to and Institutions shall notify the Publisher immediately, provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed MaterialMaterial as long as this claim persists. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Licence Agreement. 8.6 6. Nothing in this Licence Agreement shall make the Licensee or the Institutions liable for breach of the terms of this Licence Agreement by any Authorised User provided that the Licensee or the Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 7. Save as provided for in Clause 8.1§ 10.1, neither the Licensee or the Institutions nor the Publisher will shall be liable to the other in contract or negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 8. No party limits its liability for (i) death - Death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its - Its own fraud and gross negligence or that of its employees or agents in the course of their engagement. 9. Responsibility for all damages caused by violation of this Agreement is limited to 10% of the amount of the Licence Fee.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants to the Licensee that the Licensed Material licensed material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material licensed material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, the Institution's or Authorised Users use of the Licensed Materiallicensed material, provided that: (1) the : - The use of the Licensed Material licensed material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 The Publisher reserves the right to change the presentation or user facilities and to make changes in any software used to make the Licensed Material available at their sole discretion2. The Publisher will notify the Licensee of any substantial change to the Licensed Material. 8.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Materiallicensed material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of of, the Licensed Material licensed material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, an Institution or Authorised Users as a result of their reliance on the Licensed Materiallicensed material. 8.4 3. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 4. The Licensee agrees to notify the Publisher immediately, provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material licensed material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Materiallicensed material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Licence Agreement. 8.6 5. Nothing in this Licence Agreement shall make the Licensee or an Institution liable for breach of the terms of this Licence Agreement by any Authorised User provided that the Licensee or the Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 6. Save as provided for in Clause 8.110.1, neither the Licensee nor the Publisher will be liable to the other in contract or negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 7. No party limits its liability for (i) death - Death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its - Its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants guarantees to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this License Agreement does not infringe any Intellectual Property Rights of any natural or legal person. 2. The Publisher agrees that the Licensee Licensee, the Institutions and Contractually Defined Users shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, the Institution's or Authorised Contractually Defined Users use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) - The Licensee, the Licensee provides Institutions and Contractually Defined Users provide the Publisher with prompt notice of any such claim or threat of claim; (3) - The Licensee, the Licensee Institutions and Contractually Defined Users co-operates operate fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 3. The Publisher reserves the right at any time to change the presentation or user facilities and to make changes in any software used to make withdraw from the Licensed Material available at their sole discretionany item or Part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher will notify shall give written notice to the Licensee of any substantial change such withdrawal. If the withdrawal results in the Licensed Material being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this License by the Publisher. Licensee may alternatively claim an appropriate, proportionate reduction of License Fee with regard to the remaining Licensed Material. 8.3 4. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of Part of, the Licensed Material including (without limitation) the fitness of such information or part Part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, Institutions or Authorised Contractually Defined Users as a result of their reliance on the Licensed Material. 8.4 5. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised unauthorized access, theft, or operator errors. 8.5 6. The Licensee agrees to shall notify the Publisher immediately, provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed MaterialMaterial as long as this claim persists. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this License Agreement. 8.6 7. Nothing in this License Agreement shall make the Licensee or the Institutions liable for breach of the terms of this License Agreement by any Authorised Contractually Defined User provided that the Licensee or the Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 8. Save as provided for in Clause 8.1§ 10.2 and § 10.9 sentence 1, neither the Licensee or the Institutions nor the Publisher will shall be liable to the other in contract for slight or ordinary negligence or otherwise for (i) any > - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its 9. Save as provided for in § 10.2, the liability for (i) death or personal damage from injury to life, body or health as well as the extent it results liability for damage caused intentionally or by gross negligence is unlimited. Apart from its this neither party shall be liable to the other for slight or ordinary negligence, or of its employees or agents except in the course event of their engagement; negligence which leads to a breach of a contractual obligation, whose fulfillment is indispensable for the proper execution of the contract and on whose observance the contracting party may regularly rely (ii) its own fraud essential obligation). In case of slight or that ordinary negligence which gives rise to a breach of its employees or agents in a contractual obligation, however, the course liability of their engagementall parties for breaching an essential obligation is limited to the damage which may be typically expected during the execution of this agreement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 10.1 The Publisher warrants to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's or Authorised Users use of the Licensed Material, provided that: : (1) the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; (2) the Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 10.2 The Publisher reserves the right to change the presentation or content (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify give six months’ notice to the Licensee of any substantial change to the Licensed Material. 8.3 10.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Users as a result of their reliance on the Licensed Material. 8.4 10.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 10.5 The Licensee agrees to notify the Publisher immediately, provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 10.6 Nothing in this Agreement shall make the Licensee liable for breach of the terms of this Agreement by any Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 10.7 Save as provided for in Clause 8.110.1, neither the Licensee nor the Publisher will be liable to the other in contract or negligence or otherwise for (i) any special, indirect, incidental, punitive or consequential damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 10.8 No party limits its liability for (i) death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 The 14.1 To the best of the Publisher’s knowledge, the Publisher warrants to the Licensee that it is entitled to grant the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher licence in this Agreement and that the Licensed Material used use of the IEEE/IEL Database as contemplated in this Agreement does will not infringe any Intellectual Property Rights copyright or other proprietary or intellectual property rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all direct damages, liabilities, claims, causes of action, legal attorneys' fees and costs incurred by the Licensee or Authorised Institutions in defending against any third party claim of Intellectual Property Rights intellectual property rights infringements or threats of claims thereof with respect of the Licensee’s and Authorised Institution's or Authorised Users use of the Licensed MaterialIEEE/IEL Database, provided that: : (1) the use of the Licensed Material IEEE/IEL Database has been in full compliance with the terms and conditions of this Agreement; (2) the Licensee provides and/or Authorised Institution(s) provide the Publisher with prompt notice of any such claim or threat of claim; (3) the Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 14.2 The Publisher reserves the right to change the presentation or content, presentation, user facilities or availability of parts of the IEEE/IEL Database and to make changes in any software used to make the Licensed Material the IEEE/IEL Database available at their sole discretion. The Publisher will notify the Licensee Authorised Institutions of any substantial change to the Licensed MaterialIEEE/IEL Database. 8.3 14.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed MaterialIEEE/IEL Database, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material IEEE/IEL Database including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Authorised Institutions or Authorised Users as a result of their reliance on the Licensed MaterialIEEE/IEL Database. 8.4 14.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 14.5 The Licensee agrees to notify the Publisher immediately, immediately and provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claimsIEEE/IEL Database. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed MaterialIEEE/IEL Database. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 Nothing in this Agreement shall make 14.6 In the event that Publisher notifies Licensee liable for breach or an Institution of a breach, Publisher reserves the terms of this Agreement by any Authorised User provided that right to suspend access to the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as provided for in Clause 8.1, neither the Licensee nor the IEEE/IEL Database. Publisher will be liable make commercially reasonable efforts to limit suspension to the other in contract offending IP address or negligence or otherwise for (i) any specialuser account, indirect, incidental, punitive or consequential damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its liability for (i) death or personal injury to the extent that the offending IP address or user account can be reasonably ascertained under the circumstances; otherwise, Publisher reserves the right to suspend all online access to the IEEE/IEL Database under this Agreement. The suspension shall remain in effect until Licensee and the Institution at issue has cured the material breach. Neither Licensee nor any Institution shall be entitled to a refund of any fees during such suspension. If Licensee and the Institution at issue do not cure the material breach within thirty (30) days after notice of such breach, Publisher shall be entitled to terminate this Agreement immediately. 14.7 The Licensee shall cause for Authorised Institutions to undertake to the Publisher that the Institution’s computer system through which the IEEE/IEL Database will be used is configured, and procedures are in place, to prohibit access to the the IEEE/IEL Database by any person other than an Authorised User, that it results from shall inform the Authorised Users about the conditions of use of the IEEE/IEL Database, and that during the term of this Agreement, Authorised Institutions will continue to make best efforts to bar non-permitted access and to convey appropriate use information to its negligence, or of its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or agents in the course of their engagementAuthorised Users.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 11.1 The Publisher warrants to the Licensee Members that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement does shall not infringe any Intellectual Property Rights or other rights of any natural or legal person. The Publisher agrees that the Licensee Members shall have no liability and the Publisher will indemnify, defend and hold the Licensee Members harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee any Member in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of to the Licensee's Member’s or its Authorised Users Users’ use of the Licensed Material, provided that: (1) 11.1.1 the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; (2) ; 11.1.2 the Licensee Member provides the Publisher with prompt notice of any such claim or threat of claim; (3) ; 11.1.3 the Licensee Member co-operates fully with the Publisher in the defence or settlement of such claim; and (4) and 11.1.4 the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 11.2 The Publisher reserves the right to change the presentation content of all or any part of the Licensed Material (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify give notice to the Licensee Members of any substantial change to the Licensed Material. 8.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Users as a result of their reliance on the Licensed Material. 8.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 The Licensee 11.3 Each Member agrees to notify the Publisher immediately, immediately and to provide full particulars all information available in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and it shall do all things reasonably required to assist the Publisher in such claims, and such Member shall be reimbursed on demand for all reasonable expenses incurred in doing so. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 11.4 Nothing in this Agreement shall make the Licensee any Member liable for breach of the terms of this Agreement by any Authorised User provided that the Licensee it did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as 11.5 Each Member shall have several liability under and in connection with this Agreement. 11.6 Subject to Clause 11.7 and in respect of the Publisher’s liability under clause 11.1 for which its aggregate liability shall be limited to £3million, each party’s liability for any claim whether in contract, tort (including for negligence or breach of statutory duty howsoever arising), restitution or otherwise, for any loss or damage, arising out of or in connection with this Agreement shall be limited to an amount equal to the total Fee paid and payable under this Agreement during the twelve (12) months immediately preceding the date on which the claim arose in respect of any event or series of connected events provided for in Clause 8.1, neither the Licensee nor the Publisher will always that no party shall be liable to the other in contract or negligence or otherwise for (i) for: 11.6.1 any special, indirect, incidental, punitive or consequential damages (ii) damages; 11.6.2 loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for savings; or 11.6.3 any increased costs or expenses. 8.8 11.7 No party limits its liability for (i) for: 11.7.1 death or personal injury to the extent it results from its negligence, or that of its employees or agents in the course of their engagement; and (ii) or 11.7.2 its own fraud or that of its employees or agents in the course of their engagement. 11.8 Except as expressly provided in this Agreement, all representations or warranties of any kind, express or implied, including but not limited to the accuracy of the information contained in the Licensed Materials, merchantability or fitness of use for a particular purpose are to the fullest extent permitted by law excluded from this Agreement and accordingly the Licensed Materials are supplied “as is”.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants guarantees to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. 2. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, the Institution's or Authorised Users use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 3. The Publisher reserves the right at any time to change the presentation or user facilities and to make changes in any software used to make withdraw from the Licensed Material available at their sole discretionany item or Part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher will notify shall give written notice to the Licensee of any substantial change such withdrawal. If the withdrawal results in the Licensed Material being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this License. Licensee may alternatively claim an appropriate, proportionate reduction of License Fee with regard to the remaining Licensed Material. 8.3 4. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of Part of, the Licensed Material including (without limitation) the fitness of such information or part Part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, an Institution or Authorised Users as a result of their reliance on the Licensed Material. 8.4 5. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 6. The Licensee agrees to and Institutions shall notify the Publisher immediately, provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed MaterialMaterial as long as this claim persists. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Licence Agreement. 8.6 7. Nothing in this Licence Agreement shall make the Licensee or the Institutions liable for breach of the terms of this Licence Agreement by any Authorised User provided that the Licensee or the Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 8. Save as provided for in Clause 8.1§ 10.2, neither the Licensee or the Institutions nor the Publisher will shall be liable to the other in contract or negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its 9. Save as provided for in § 10.2 and 10.8., the liability for (i) death or personal damage from injury to life, body or health as well as the extent it results liability for damage caused intentionally or by gross negligence is unlimited. Apart from its this neither party shall be liable to the other for slight negligence, or of its employees or agents except in the course event of their engagement; a breach of a contractual obligation, whose fulfillment is indispensable for the proper execution of the contract and on whose observance the contracting party may regularly rely (ii) its own fraud or that essential obligation). In case of its employees or agents in slight negligence, however, the course liability of their engagementall parties for breaching an essential obligation is limited to the damage which may be typically expected during the execution of this agreement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants to the Licensee Licensor guarantees that the Licensed Material and all Intellectual Property Rights intellectual property rights therein are owned by or licensed to the Publisher Licensor and that the Licensed Material used as contemplated in this Agreement does not infringe any Intellectual Property Rights intellectual property rights or other third party rights (e.g. privacy rights) of any natural or legal person. 2. The Publisher agrees that the Licensee shall have no liability and the Publisher Licensor will indemnify, defend and hold the Consortium Leader, Licensee or Authorised User harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Consortium Leader, Licensee or Authorised User in defending against any third party claim of Intellectual Property Rights intellectual property rights infringements or threats of claims thereof with respect of the Consortium Leader's, the Licensee's or Authorised Users User’s use of the Licensed Material, provided that: (1) the a. The use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; (2) the ; b. The Consortium Leader, Licensee or Authorised User provides the Publisher Licensor with prompt notice of any such claim or threat of claim; (3) the ; c. The Consortium Leader, Licensee or Authorised User co-operates fully to a reasonable degree with the Publisher Licensor in the defence or settlement of such claim; and (4) the Publisher and d. The Licensor has sole and complete control over the defence or settlement of such claim. 8.2 3. The Publisher Licensor reserves the right at any time to change the presentation or user facilities and to make changes in any software used to make withdraw from the Licensed Material available at their sole discretionany item or part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher will notify Licensor shall give written notice to the Consortium Leader and Licencee of such withdrawal. If the withdrawal results in the Licensed Material being no longer deemed useful by the Licensee, the Licensee may within sixty (60) days of any substantial change such notice treat such changes as a material breach of this specific Licensor. Licensee may alternatively claim an appropriate, proportionate reduction of the fee with regard to the remaining Licensed Material. 8.3 4. While the Publisher Licensor has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher Licensor makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of Part of, the Licensed Material including (without limitation) the fitness of such information or part Part for any purposes whatsoever and the Publisher Licensor accepts no liability for loss suffered or incurred by the Licensee Licensee, an Institution or Authorised Users as a result of their reliance on the Licensed Material. 8.4 5. In no circumstances will the Publisher Licensor be liable to the Consortium leader or the Licensee for any loss resulting from a cause over which the Publisher Licensor does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect internet or networking problems, unauthorised access, theft, or operator errors. 8.5 The Licensee agrees to notify the Publisher immediately, provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims6. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 Nothing in this Agreement shall make the Consortium Leader or the Licensee liable for breach of the terms of this Agreement by any Authorised User provided that the Consortium Leader or the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as provided for in Clause 8.1, neither 7. Neither the Consortium Leader nor the Licensee nor the Publisher will Licensor shall be liable to the respective other parties in contract or negligence or otherwise for (i) any for a. Any special, indirect, incidental, punitive or consequential damages (ii) loss or b. Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its 8. The liability for (i) death or personal damage from injury to life, body or health as well as the extent it results liability for damage caused intentionally or by gross negligence is not limited. Apart from its this neither party shall be liable to the other for slight or ordinary negligence, or of its employees or agents except in the course event of their engagement; negligence which leads to a breach of a contractual obligation, whose fulfillment is indispensable for the proper execution of the contract and on whose observance the contracting party may regularly rely (ii) its own fraud essential obligation). In case of slight or that ordinary negligence which gives rise to a breach of its employees or agents in a contractual obligation, however, the course liability of their engagementall parties for breaching an essential obligation is limited to the damage which may be typically expected during the execution of this agreement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 11.1 The Publisher warrants to the Licensee Members that the Licensed Material and all Intellectual Property Rights therein are as far as it is aware owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement does shall not infringe any Intellectual Property Rights or other rights of any natural or legal person. The Publisher agrees that the Licensee Members shall have no liability and the Publisher will indemnify, defend and hold the Licensee Members harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee any Member in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of to the Licensee's Member’s or its Authorised Users Users’ use of the Licensed Material, provided that: (1) 11.1.1 the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; (2) ; 11.1.2 the Licensee Member provides the Publisher with prompt notice of any such claim or threat of claim; (3) ; 11.1.3 the Licensee Member co-operates fully with the Publisher in the defence or settlement of such claim; and (4) and 11.1.4 the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 11.2 The Publisher reserves the right to change the presentation content of all or any part of the Licensed Material (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify give 4 (months) months’ notice to the Licensee Members of any substantial change to the Licensed Material. 8.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Users as a result of their reliance on the Licensed Material. 8.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 The Licensee 11.3 Each Member agrees to notify the Publisher immediately, immediately and to provide full particulars all information available in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and it shall do all things reasonably required to assist the Publisher in such claims, and such Member shall be reimbursed on demand for all expenses incurred in doing so. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 11.4 Nothing in this Agreement shall make the Licensee any Member liable for breach of the terms of this Agreement by any Authorised User provided that the Licensee it did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as 11.5 Each Member shall have several liability under and in connection with this Agreement. 11.6 Subject to Clause 11.7 or liability for any intellectual property claims, each party’s liability for any claim whether in contract, tort (including for negligence or breach of statutory duty howsoever arising), restitution or otherwise, for any loss or damage, arising out of or in connection with this Agreement shall be limited to an amount equal to the total Licence Fee paid and payable under this Agreement during the twelve (12) months immediately preceding the date on which the claim arose in respect of any event or series of connected events provided for in Clause 8.1, neither the Licensee nor the Publisher will always that no party shall be liable to the other in contract or negligence or otherwise for (i) for: 11.6.1 any special, indirect, incidental, punitive or consequential damages (ii) damages; 11.6.2 loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for savings; or 11.6.3 any increased costs or expenses. 8.8 11.7 No party limits its liability for (i) for: 11.7.1 death or personal injury to the extent it results from its negligence, or that of its employees or agents in the course of their engagement; and (ii) or 11.7.2 its own fraud or that of its employees or agents in the course of their engagement. 11.8 Save as expressly set out in this Agreement, all other warranties, conditions, representations, statements, terms and provisions, whether express or implied by statute, common law, course of dealings or otherwise, are hereby excluded to the greatest extent permitted by applicable law.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee’s, the Institution's or Authorised Users use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 2. The Publisher reserves the right at any time to change the presentation or user facilities and to make changes in any software used to make withdraw from the Licensed Material available at their sole discretionany item or part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher will notify shall give written notice to the Licensee of any substantial change to such withdrawal. If the withdrawal results in the Licensed MaterialMaterial being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this License. 8.3 3. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of of, the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, an Institution or Authorised Users as a result of their reliance on the Licensed Material. 8.4 4. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 5. The Licensee agrees to and Institutions shall notify the Publisher immediately, provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed MaterialMaterial as long as this claim persists. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Licence Agreement. 8.6 6. Nothing in this Licence Agreement shall make the Licensee or the Institutions liable for breach of the terms of this Licence Agreement by any Authorised User provided that the Licensee or the Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 7. Save as provided for in Clause 8.1§ 10.1, neither the Licensee or the Institutions nor the Publisher will shall be liable to the other in contract or negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 8. No party limits its liability for (i) death - Death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its - Its own fraud and gross negligence or that of its employees or agents in the course of their engagement. 9. Responsibility for all damages caused by violation of this Agreement or law is limited to 50% of the amount of the Licence Fee or 50% of the annual Licence Fee, if applicable.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 The Publisher warrants to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's or Authorised Users use of the Licensed Material, provided that: : (1) the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; (2) the Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 The Publisher reserves the right to change the presentation or user facilities and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify the Licensee of any substantial change to the Licensed Material. 8.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Users as a result of their reliance on the Licensed Material. 8.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 The Licensee agrees to notify the Publisher immediately, provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 Nothing in this Agreement shall make the Licensee liable for breach of the terms of this Agreement by any Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as provided for in Clause 8.1, neither the Licensee nor the Publisher will be liable to the other in contract or negligence or otherwise for (i) any special, indirect, incidental, punitive or consequential damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its liability for (i) death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 10.1 The Publisher warrants to the Licensee Institution that the Licensed Material and all Intellectual Property Rights intellectual property rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement Licence does not infringe any Intellectual Property Rights intellectual property rights of any natural or legal person. The Publisher agrees that the Licensee Institution shall have no liability and the Publisher will indemnify, defend and hold the Licensee Institution harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee Institution in defending against any third party claim of Intellectual Property Rights intellectual property rights infringements or threats of claims thereof with respect of the LicenseeInstitution's or Authorised Users use of the Licensed Material, provided that: (1i) the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; (2Licence; ii) the Licensee Institution provides the Publisher with prompt notice of any such claim or threat of claim; (3; iii) the Licensee Institution co-operates fully with the Publisher in the defence or settlement of such claim; and (4and iv) the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 10.2 The Publisher reserves the right to change the presentation or content (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify the Licensee Institution of any substantial change to the Licensed Material. 8.3 10.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Institution or Authorised Users as a result of their reliance on the Licensed Material. 8.4 10.4 In no circumstances will the Publisher be liable to the Licensee Institution for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 10.5 The Licensee Institution agrees to notify the Publisher immediately, immediately and provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this AgreementLicence. 8.6 10.6 Nothing in this Agreement Licence shall make the Licensee Institution liable for breach of the terms of this Agreement Licence by any Authorised User provided that the Licensee Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save 10.7 Except as provided for in Clause 8.110.1, neither the Licensee Institution nor the Publisher will be liable to the other in contract or negligence or otherwise for (for: i) any special, indirect, incidental, punitive or consequential damages (damages; ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or savings; or iii) for any increased costs or expenses. 8.8 No party limits its 10.8 The Publisher and the Institution do not seek to exclude liability under this Licence for (i) death fraud or for personal injury to or death caused by its negligence and the extent it results from its negligence, or negligence of its employees or agents in the course of their engagement; employees, authorised sub-contractors and (ii) its own fraud or that of its employees or agents in the course of their engagement.agents

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants guarantees to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this License Agreement does not infringe any Intellectual Property Rights of any natural or legal person. 2. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's ’s or Authorised Contractually Defined Users use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 3. [Nur für Lizenzen ohne Archivrechte] The Publisher reserves the right to change the presentation or content (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of Parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their its sole discretion. The Publisher will notify shall give written notice to the Licensee of any substantial change to the Licenced Material. If the change results in the Licenced Material being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this Licence. Licensee may alternatively claim an appropriate, proportionate reduction of Licence Fee with regard to the remaining Licenced Material. 4. The Publisher reserves the right at any time to withdraw from the Licensed Material any item or Part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher shall give written notice to the Licensee of such withdrawal. If the withdrawal results in the Licensed Material being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this License. Licensee may alternatively claim an appropriate, proportionate reduction of License Fee with regard to the remaining Licensed Material. 8.3 5. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of Part of, the Licensed Material including (without limitation) the fitness of such information or part Part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Contractually Defined Users as a result of their reliance on the Licensed Material. 8.4 6. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised unauthorized access, theft, or operator errors. 8.5 7. The Licensee agrees to shall notify the Publisher immediately, provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed MaterialMaterial as long as this claim persists. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this License Agreement. 8.6 8. Nothing in this License Agreement shall make the Licensee liable for breach of the terms of this License Agreement by any Authorised Contractually Defined User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 9. Save as provided for in Clause 8.1§ 11.2, neither the Licensee nor the Publisher will shall be liable to the other in contract or negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its 10. Save as provided for in § 11.2, the liability for (i) death or personal damage from injury to life, body or health as well as the extent it results liability for damage caused intentionally or by gross negligence is unlimited. Apart from its this neither party shall be liable to the other for slight or ordinary negligence, or of its employees or agents except in the course event of their engagement; negligence which leads to a breach of a contractual obligation, whose fulfillment is indispensable for the proper execution of the contract and on whose observance the contracting party may regularly rely (ii) its own fraud essential obligation). In case of slight or that ordinary negligence which gives rise to a breach of its employees or agents in a contractual obligation, however, the course liability of their engagementall parties for breaching an essential obligation is limited to the damage which may be typically expected during the execution of this agreement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants guarantees to the Licensee Licensee, the Institutions and the Contractually Defined Users that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. 2. The Publisher agrees that the Licensee shall Licensee, the Institution and the Contractually Defined Users have no liability and the Publisher will indemnify, defend and hold the Licensee them harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, the Institution's or Authorised Users Contractually Defined Users' use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 3. The Publisher reserves the right to change the presentation or content (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of Parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their its sole discretion. The Publisher will notify must give written notice to the Licensee of any substantial change to the Licenced Material. If the change results in the Licensed Material being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this Licence Agreement. Licensee may alternatively claim an appropriate, proportionate reduction of Licence Fee with regard to the remaining Licenced Material. 4. The Publisher reserves the right at any time to withdraw from the Licensed Material any item or Part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher must give written notice to the Licensee of such withdrawal. If the withdrawal results in the Licensed Material being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this Licence. Licensee may alternatively claim an appropriate, proportionate reduction of Licence Fee with regard to the remaining Licensed Material. 8.3 5. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of Part of, the Licensed Material including (without limitation) the fitness of such information or part Part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Contractually Defined Users as a result of their reliance on the Licensed Material. 8.4 6. In no circumstances will is the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 7. The Licensee agrees to must notify the Publisher immediately, provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed MaterialMaterial as long as this claim persists. Failure to report knowledge of any actual or threatened claim by any third party shall should be deemed a material breach of this Licence Agreement. 8.6 8. Nothing in this Licence Agreement shall make makes the Licensee or the Institutions liable for breach of the terms of this Licence Agreement by any Authorised Contractually Defined User provided that the Licensee or the Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 9. Save as provided for in Clause 8.1§§ 10.2 and 10.10, neither the Licensee nor the Publisher will be are liable to the other in contract or for slight negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its 10. Save as provided for in § 10.2, the liability for (i) death or personal damage from injury to life, body or health as well as the extent it results liability for damage caused intentionally or by gross negligence is unlimited. Apart from its this neither party is liable to the other for slight or ordinary negligence, or of its employees or agents except in the course event of their engagement; negligence which leads to a breach of a contractual obligation, whose fulfillment is indispensable for the proper execution of the contract and on whose observance the contracting party may regularly rely (ii) its own fraud essential obligation). In case of slight or that ordinary negligence which gives rise to a breach of its employees or agents in a contractual obligation, however, the course liability of their engagementall parties for breaching an essential obligation is limited to the damage which may be typically expected during the execution of this agreement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants to the Licensee that the Licensed Material licensed material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material licensed material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, the Institution's or Authorised Users use of the Licensed Materiallicensed material, provided that: (1) the : - The use of the Licensed Material licensed material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 2. The Publisher reserves the right to change the presentation or content (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of parts of the licensed material and to make changes in any software used to make change the Licensed Material available at their sole discretionhosting service. The Publisher will notify the Licensee of any substantial change to the Licensed Materiallicensed material. 8.3 3. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Materiallicensed material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of of, the Licensed Material licensed material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, an Institution or Authorised Users as a result of their reliance on the Licensed Materiallicensed material. 8.4 4. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 5. The Licensee agrees to notify the Publisher immediately, provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material licensed material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Materiallicensed material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Licence Agreement.> 8.6 6. Nothing in this Licence Agreement shall make the Licensee or an Institution liable for breach of the terms of this Licence Agreement by any Authorised User provided that the Licensee or the Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 7. Save as provided for in Clause 8.110.1, neither the Licensee nor the Publisher will be liable to the other in contract or negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 8. No party limits its liability for (i) death - Death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its - Its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 11.1 The Publisher warrants to the Licensee that it is entitled to grant the licence in this Agreement and that the use of the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement does and the Sub-Licence Agreement will not infringe any Intellectual Property Rights copyright or other proprietary or intellectual property rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all direct damages, liabilities, claims, causes of action, legal attorneys' fees and costs incurred by the Licensee or Authorised Institutions in defending against any third party claim of Intellectual Property Rights intellectual property rights infringements or threats of claims thereof with respect of the Licensee's or and Authorised Users Institution's use of the Licensed Material, provided that: : (1) the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement and the Sub-Licence Agreement; (2) the Licensee provides and Authorised Institution(s) provide the Publisher with prompt notice of any such claim or threat of claim; (3) the Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 11.2 The Publisher reserves the right to change the presentation or content, presentation, user facilities or availability of parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify the Licensee Authorised Institutions of any substantial change to the Licensed Material. 8.3 11.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Authorised Institutions or Authorised Users as a result of their reliance on the Licensed Material. 8.4 11.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 11.5 The Licensee agrees to notify the Publisher immediately, immediately and provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claimsMaterial. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 11.6 Nothing in this Agreement shall make the Licensee liable for breach of the terms of this Agreement by any Authorised Institution or Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as provided 11.7 The Licensee shall cause for in Clause 8.1, neither the Licensee nor Authorised Institutions to undertake to the Publisher that the Institution’s computer system through which Licensed Material will be liable used is configured, and procedures are in place, to prohibit access to the Licensed Material by any person other in contract or negligence or otherwise for (i) any specialthan an Authorised User, indirectthat it shall inform the Authorised Users about the conditions of use of the Licensed Material, incidentaland that during the term of this Agreement, punitive or consequential damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expensesAuthorised Institutions will continue to make best efforts to bar non-permitted access and to convey appropriate use information to its Authorised Users. 8.8 No party limits its liability for (i) death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 10.1 The Publisher Supplier warrants to the Licensee Institution that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher Supplier and that the Licensed Material used as contemplated in this Agreement Licence does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher Supplier agrees that the Licensee Institution shall have no liability and the Publisher Supplier will indemnify, defend and hold the Licensee Institution harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee Institution in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the LicenseeInstitution's or Authorised Users use of the Licensed Material, provided that: (1) the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; Licence; (2) the Licensee Institution provides the Publisher Supplier with prompt notice of any such claim or threat of claim; ; (3) the Licensee Institution co-operates fully with the Publisher Supplier in the defence or settlement of such claim; and and (4) the Publisher Supplier has sole and complete control over the defence or settlement of such claim. 8.2 10.2 The Publisher Supplier reserves the right to change the presentation or content (including removal of an entire ebook on ceasing to have the right to publish), presentation, user facilities or availability of parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher Supplier will notify the Licensee Institution of any substantial change to the Licensed Material. 8.3 10.3 While the Publisher Supplier has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher Supplier makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher Supplier accepts no liability for loss suffered or incurred by the Licensee Institution or Authorised Users as a result of their reliance on the Licensed Material. 8.4 10.4 In no circumstances will the Publisher Supplier be liable to the Licensee Institution for any loss resulting from a cause over which the Publisher Supplier does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 10.5 The Licensee Institution agrees to notify the Publisher Supplier immediately, provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher Supplier in such claims. It is expressly agreed that upon such notification, or if the Publisher Supplier becomes aware of such a claim from other sources, the Publisher Supplier may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this AgreementLicence. 8.6 10.6 Nothing in this Agreement Licence shall make the Licensee Institution liable for breach of the terms of this Agreement Licence by any Authorised User provided that the Licensee Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save 10.7 Except as provided for in Clause 8.110.1, neither the Licensee Institution nor the Publisher Supplier will be liable to the other in contract or negligence or otherwise for for: (i) any special, indirect, incidental, punitive or consequential damages damages; (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or savings; or (iii) for any increased costs or expenses. 8.8 10.8 No party limits its liability for for: (i) death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and and (ii) its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants guarantees to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this License Agreement does not infringe any Intellectual Property Rights of any natural or legal person. 2. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's ’s or Authorised Contractually Defined Users use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 3. The Publisher reserves the right at any time to change the presentation or user facilities and to make changes in any software used to make withdraw from the Licensed Material available at their sole discretionany item or Part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher will notify shall give written notice to the Licensee of any substantial change such withdrawal. If the withdrawal results in the Licensed Material being no longer deemed useful by the Licensee, the Licensee may within sixty days of such notice treat such changes as a material breach of this License. Licensee may alternatively claim an appropriate, proportionate reduction of License Fee with regard to the remaining Licensed Material. 8.3 4. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of Part of, the Licensed Material including (without limitation) the fitness of such information or part Part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Contractually Defined Users as a result of their reliance on the Licensed Material. 8.4 5. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 6. The Licensee agrees to shall notify the Publisher immediately, provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed MaterialMaterial as long as this claim persists. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Licence Agreement. 8.6 7. Nothing in this Licence Agreement shall make the Licensee liable for breach of the terms of this License Agreement by any Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 8. Save as provided for in Clause 8.1§ 10.2, neither the Licensee or the Institutions nor the Publisher will shall be liable to the other in contract or negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No 9. Save as provided for in § 10.2, the following shall apply: For damage caused intentionally or by gross negligence the liability is unlimited. The same applies for damages to life, body and health. Apart from this neither party limits its liability for (i) death or personal injury shall be liable to the extent it results from its other for slight negligence, or of its employees or agents except in the course event of their engagement; a breach of a contractual obligation, whose fulfillment is indispensable for the proper execution of the contract and on whose observance the contracting party may regularly rely (ii) its own fraud or that essential obligation). In case of its employees or agents in slight negligence, however, the course liability of their engagementall parties for breaching an essential obligation is limited to the damage which may be typically expected during the execution of this agreement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 The Publisher Licensor warrants to the Licensee that the Licensed Material Work and all Intellectual Property Rights therein are owned by or licensed to the Publisher Licensor and that the Licensed Material Work used as contemplated in this Agreement and the Licence Agreement does not infringe any copyright or other proprietary or Intellectual Property Rights of any natural or legal person. The Publisher Licensor agrees that the Licensee shall have no liability and the Publisher Licensor will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee or Authorised Institutions in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, an Authorised Institution's or an Authorised Users User’s use of the Licensed MaterialWork, provided that: : (1) the use of the Licensed Material Work has been in full compliance with the terms and conditions of this AgreementAgreement and the Licence Agreement as applicable; (2) the Licensee provides and Authorised Institution(s) provide the Publisher Licensor with prompt notice of any such claim or threat of claim; (3) the Licensee co-operates fully with the Publisher Licensor in the defence or settlement of such claim; and (4) the Publisher Licensor has sole and complete control over the defence or settlement of such claim. 8.2 The Publisher reserves the right to change the presentation or user facilities and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify the Licensee of any substantial change to the Licensed Material. 8.3 While the Publisher Licensor has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed MaterialWork, the Publisher Licensor makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material Work including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher Licensor accepts no liability for loss suffered or incurred by the Licensee Licensee, Authorised Institutions or Authorised Users as a result of their reliance on the Licensed Material. 8.4 Work. In no circumstances will the Publisher Licensor be liable to the Licensee for any loss resulting from a cause over which the Publisher Licensor does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 . The Licensee agrees to notify the Publisher immediately, Licensor immediately and provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claimsWork. It is expressly agreed that upon such notification, or if the Publisher Licensor becomes aware of such a claim from other sources, the Publisher Licensor may remove such work(s) from the Licensed MaterialWork. If the Licensor decides to remove such work(s) from the Licensed Work, the Licensee agrees to remove such work(s) from the Licensed Work on its Secure Network and to notify any designated third parties that they must do the same. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 . Nothing in this Agreement shall make the Licensee liable for breach of the terms of this Agreement by any Authorised Institution or Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as provided for in Clause 8.1, neither . The Licensor and the Licensee nor do not seek to exclude liability under this Agreement for fraud or for personal injury or death caused by its negligence and the Publisher negligence of its employees, authorised sub-contractors and agents. The Licensee shall cause Authorised Institutions to undertake to the Licensor that the Authorised Institution’s computer system through which Licensed Work will be liable used is configured, and procedures are in place, to prohibit access to the Licensed Work by any person other in contract or negligence or otherwise for (i) any specialthan an Authorised User, indirectthat it shall inform the Authorised Users about the conditions of use of the Licensed Work, incidental, punitive or consequential damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expensesand that Authorised Institutions will continue to make best efforts to bar non-permitted access and to convey appropriate use information to its Authorised Users. 8.8 No party limits its liability for (i) death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 The Publisher warrants to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's or Authorised Users use of the Licensed Material, provided that: (1) the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; (2) the Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 The Publisher reserves the right to change the presentation or content (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify the Licensee of any substantial change to the Licensed Material. 8.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Users as a result of their reliance on the Licensed Material. 8.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 The Licensee agrees to notify the Publisher immediately, provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 Nothing in this Agreement shall make the Licensee liable for breach of the terms of this Agreement by any Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 Save as provided for in Clause 8.1, neither the Licensee nor the Publisher will be liable to the other in contract or negligence or otherwise for (i) any special, indirect, incidental, punitive or consequential damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No party limits its liability for (i) death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 10.1 The Publisher warrants to the Licensee that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's or Authorised Users use of the Licensed Material, provided that: : (1) the use of the Licensed Material has been in full compliance with the terms and conditions of this Agreement; (2) the Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the Publisher has sole and complete control over the defence or settlement of such claim. 8.2 10.2 The Publisher reserves the right to change the presentation or content (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of parts of the Licensed Material and to make changes in any software used to make the Licensed Material available at their sole discretion. The Publisher will notify the Licensee of any substantial change to the Licensed Material. 8.3 10.3 While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty express or implied with regard to the information contained in or any part of the Licensed Material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee or Authorised Users as a result of their reliance on the Licensed Material. 8.4 10.4 In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 10.5 The Licensee agrees to notify the Publisher immediately, provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Agreement. 8.6 10.6 Nothing in this Agreement shall make the Licensee liable for breach of the terms of this Agreement by any Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 10.7 Save as provided for in Clause 8.110.1, neither the Licensee nor the Publisher will be liable to the other in contract or negligence or otherwise for (i) any special, indirect, incidental, punitive or consequential damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 10.8 No party limits its liability for (i) death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants to the Licensee that the Licensed Material licensed material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material licensed material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The Publisher agrees that the Licensee shall have no liability and the Publisher will indemnify, defend and hold the Licensee harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, the Institution's or Authorised Users use of the Licensed Materiallicensed material, provided that: (1) the : - The use of the Licensed Material licensed material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 2. The Publisher reserves the right to change the presentation or content (including removal of an entire journal on ceasing to have the right to publish), presentation, user facilities or availability of parts of the licensed material and to make changes in any software used to make change the Licensed Material available at their sole discretionhosting service. The Publisher will notify the Licensee of any substantial change to the Licensed Materiallicensed material. 8.3 3. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Materiallicensed material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of of, the Licensed Material licensed material including (without limitation) the fitness of such information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, an Institution or Authorised Users as a result of their reliance on the Licensed Materiallicensed material. 8.4 4. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors. 8.5 5. The Licensee agrees to notify the Publisher immediately, provide full particulars in the event that it becomes aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material licensed material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Materiallicensed material. Failure to report knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this Licence Agreement. 8.6 6. Nothing in this Licence Agreement shall make the Licensee or an Institution liable for breach of the terms of this Licence Agreement by any Authorised User provided that the Licensee or the Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 7. Save as provided for in Clause 8.110.1, neither the Licensee nor the Publisher will be liable to the other in contract or negligence or otherwise for (i) any - Any special, indirect, incidental, punitive or consequential damages (ii) loss or - Loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 8. No party limits its liability for (i) death - Death or personal injury to the extent it results from its negligence, or of its employees or agents in the course of their engagement; and (ii) its - Its own fraud or that of its employees or agents in the course of their engagement.

REPRESENTATION, WARRANTIES AND INDEMNIFICATION. 8.1 1. The Publisher warrants guarantees to the Licensee and Participating Institutions that the Licensed Material and all Intellectual Property Rights therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this Licence Agreement does not infringe any Intellectual Property Rights of any natural or legal person. 2. The Publisher agrees that the Licensee Licensee, Participating Institutions and Authorized Users shall have no liability and the Publisher will indemnify, defend and hold the Licensee Licensee, Participating Institutions and Authorized Users harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs incurred by the Licensee Licensee, Participating Institutions and Authorized Users in defending against any third party claim of Intellectual Property Rights infringements or threats of claims thereof with respect of the Licensee's, Participating Institution's or Authorised Users use of the Licensed Material, provided that: (1) the : - The use of the Licensed Material has been in full compliance with the terms and conditions of this Licence Agreement; (2) the - The Licensee provides the Publisher with prompt notice of any such claim or threat of claim; (3) the - The Licensee co-operates fully with the Publisher in the defence or settlement of such claim; and (4) the - The Publisher has sole and complete control over the defence or settlement of such claim. 8.2 3. The Publisher reserves the right to change update the presentation or content, presentation, user facilities and to make changes in any software used to make the Licensed Material available at their its sole discretion. The Publisher will notify shall give written notice to the Licensee and Participating Institutions of any substantial change to the Licensed Material. If the change results in the Licensed Material being no longer deemed useful by the Licensee and Participating Institutions, the Licensee and Participating Institutions may within sixty days of such notice treat such changes as a material breach of this License. Should the Publisher sell the Licensed Material to another publisher, the Licensee and Participating Institutions shall have the right to provide local hosting for the Licensed Material. 8.3 4. The Publisher reserves the right at any time to withdraw from the Licensed Material any item or Part of an item which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Publisher shall give written notice to the Licensee and Participating Institutions of such withdrawal. If the withdrawal results in the Licensed Material being no longer deemed useful by the Licensee and Participating Institutions, the Licensee and Participating Institutions may within sixty days of such notice treat such changes as a material breach of this License. Licensee may alternatively claim an appropriate, proportionate reduction of License Fee with regard to the remaining Licensed Material. 5. While the Publisher has no reason to believe that there are any inaccuracies or defects in the information contained in the Licensed Material, the Publisher makes no representation and gives no warranty warranty, express or implied implied, with regard to the information contained in in, or any part of Part of, the Licensed Material including (without limitation) the fitness of such information or part Part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or incurred by the Licensee Licensee, Participating Institution or Authorised Users as a result of their reliance on the Licensed Material. 8.4 6. In no circumstances will the Publisher be liable to the Licensee for any loss resulting from a cause over which the Publisher does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator user errors. 8.5 7. The Licensee agrees to and Participating Institution shall notify the Publisher immediately, immediately and provide full particulars in the event that it becomes they become aware of any actual or threatened claims by any third party in connection with any works contained in the Licensed Material and do all things reasonably required to assist the Publisher in such claims. It is expressly agreed that upon Upon such notification, or if the Publisher becomes aware of such a claim from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report knowledge of any actual or threatened Material as long as this claim by any third party shall be deemed a material breach of this Agreementpersists. 8.6 8. Nothing in this Licence Agreement shall make the Licensee and Participating Institutions liable for breach of the terms of this Licence Agreement by any Authorised User provided that the Licensee or Participating Institution did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred. 8.7 9. Save as provided for in Clause 8.1§ 11.2, neither the Licensee Licensee, a Participating Institution nor the Publisher will shall be liable to the other in contract or negligence or otherwise for (i) - any special, indirect, incidental, punitive or consequential damages (ii) or - loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any increased costs or expenses. 8.8 No 10. Save as provided for in § 11.2, the following shall apply: For damage caused intentionally or by gross negligence the liability is unlimited. The same applies for damages to life, body and health. Apart from this neither party limits its liability for (i) death or personal injury shall be liable to the extent it results from its other for slight negligence, or of its employees or agents except in the course event of their engagement; a breach of a contractual obligation, whose fulfillment is indispensable for the proper execution of the contract and on whose observance the contracting party may regularly rely (ii) its own fraud or that essential obligation). In case of its employees or agents in slight negligence, however, the course liability of their engagementall parties for breaching an essential obligation is limited to the damage which may be typically expected during the execution of this agreement.