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<br />. , <br /> <br />THOMSON <br />----oto-- - <br />GALE <br /> <br />prevail and control use of the relevant Licensed Content over any <br />conflicting terms contained herein. Subscribing Institute agrees that <br />this Agreement, to the extent it pertains to the Licensed Content <br />contained in the Product, may be enforced by the third party data <br />supplier. <br /> <br />2.6 Gale reserves the right at any time to withdraw from the Licensed <br />Content any item or part of an item for which it no longer retains the <br />right to publish, or which it has reasonable grounds to believe infringes <br />copyright or is defamatory, obscene, unlawful or otherwise <br />objectionable. <br /> <br />3.0 Remote Access <br /> <br />Subscribing Institute acknowledges and agrees that remote access is included <br />for all Licensed Content for the Subscribing Institute and its Authorized Users <br />licensing product through this Agreement. The Subscribing Institute agrees to <br />use reasonable efforts to inform its Authorized Users of the provisions listed <br />below and to use reasonable efforts to restrict and control unauthorized <br />access to the Licensed Content. Furthermore, the Subscribing Institute shall <br />not be liable for the actions of individual Authorized Users who act without the <br />knowledge and consent of the Subscribing Institute. The following terms <br />regarding remote access shall apply: <br /> <br />A. The Subscribing Institute and Authorized Sites are authorized to provide on- <br />site, walk-in access or remote access via computer to the Licensed Content to <br />their patrons. <br /> <br />B. Authorized Users who use remote access to access such Licensed Content <br />may do so from home or another location as long as the proper security <br />procedures are undertaken by the Subscribing Institute that will prevent <br />remote access by unauthorized users. <br /> <br />C. Remote access is included for all Licensed Content for the Subscribing <br />Institute and its Authorized Users licensing product through this Agreement, <br />except for the AncestryPlus Database. Access must be in library for this <br />single database. <br /> <br />4.0 Warranties. <br /> <br />4.1 Gale warrants to the Subscribing Institute and its Authorized Users, <br />that the Licensed Content used in accordance with this Agreement do <br />not infringe the copyright or any other proprietary or intellectual <br />property rights of any person. <br /> <br />4.2 Gale shall use commercialiy reasonable efforts to provide continuous <br />availability of the online Licensed Content, subject to periodic <br />unavailability due to maintenance of the server(s), the installation or <br />testing of software, the loading of data and downtime related to <br />equipment, the failure of communications networks, or services outside <br />of control of Gale. Gale shall use reasonable efforts to provide an <br />average of 98% up time per month. Scheduled downtime will be <br /> <br />27500 Drake Road Farmington Hills, MI 48331-3535, 248-699-4253 800-877-GALE www.gale.com <br />