By accessing content on the MGMH web site (the "Site," which includes all pages displayable from an MGMH web server, including but not limited to all servers within the "http://www.geomus.fas.harvard.edu " domain (including fourth-level domains, e.g., " http://www.geomus.fas.harvard.edu") and certain MGMH servers within the "lsdiv.harvard.edu" domain), you accept and agree to be bound by the following User Agreement:
(1) Intellectual Property. — All content made available to you by the MGMH (the "Content") — including but not limited to text, images, original compilations of data, software, content presented in multimedia formats, in addition to content made available from the MGMH's (together, "MGMH Journal Content") — is the intellectual property of President & Fellows of Harvard College ("Harvard"). Harvard retains all rights, including copyrights, in the Content, subject to the limitation that copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, Harvard. To the extent data and other content made available to you by the MGMH is not protectable by copyright, your access to said content is conditioned upon your acceptance of the terms of this User Agreement, including the use restrictions set forth below.
(2) Limited General License. — Subject to the further restrictions of Paragraph 3 ("Use of MGMH Journal Content") you will not reproduce, distribute, display, perform, or engage in any other use of the Content, except as necessary to accomplish a bona fide, noncommercial educational or research purpose ("Licensed Use"). Copying or redistributing MGMH Content in any manner for commercial use, including commercial publication, or for personal gain, is strictly prohibited. If you engage in a Licensed Use of the Content, you will make appropriate attribution of the Content. A citation that includes the language " Harvard Mineralogical Museum, Harvard University" will be sufficient attribution for purposes of this User Agreement. For Content obtained from the MGMH's web site, you shall additionally reference the website's URL, http://www.geomus.fas.harvard.edu
(3) Use of MGMH Journal Content/Unlicensed Uses. — You agree that the limited general license granted above does not extend to uses of MGMH Journal Content. You will not reproduce, display, distribute, perform, or engage in any other use ofMGMH Journal Content, without first obtaining specific permission from the MGMH. You may request permission to useMGMH Journal Content, or to make an unlicensed use of any other Content, by completing and submitting a Permission Request to Use MGMH Copyrighted Material.
(4) Use of Third Party Content. — To the extent the MGMH Content incorporates the copyrighted material of third parties ("Third Party Content"), you agree to make only such Licensed Uses of said Third Party Content as are consistent with copyright law. Harvard does not warrant that any use of Third Party Content will not infringe the rights of the content owners.
(5) Disclaimer of Warranties/ Limitation of Liability. — Harvard makes the Content available free of charge and to the fullest extent permitted by law disclaims all warranties of any kind (express, implied, or otherwise) regarding the Content, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You access MGMH's Content and/or web site at your own sole risk and in no event shall Harvard or its affiliates, agents, officers, directors, or employees be liable to you, in contract, tort, or otherwise, for any damages of any kind arising out of your access to the Content and/or the web site.
(6) Indemnification. — You agree to indemnify and hold harmless Harvard and its affiliates, agents, officers, directors, and employees from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys' fees) arising from your use of the Content, MGMH's web site, or the MGMH collections.
Version Date: MARCH, 2013