Cranfield School of Management

Cranfield
KNOWLEDGE
INTERCHANGE

Terms and conditions

GENERAL TERMS AND CONDITIONS FOR USE OF THE KNOWLEDGE INTERCHANGE ON-LINE SITE AND MATERIALS

Attention:  These terms and conditions including the Restrictions on Use Policy apply and govern your entire use of the Materials and any services that are being provided to you by Cranfield Management Development Limited via the Website.  Please read these terms carefully before using the on-line services.  Using the Website and Materials indicates that you accept these terms and conditions.  If you do not accept these terms and conditions including the Restrictions on Use Policy, do not use the Website, the Materials or any services.

1 DEFINITIONS
 

"Additional Terms"

as defined in Condition 3.6;

"Authorised Users"

any person who is authorised by CMDL (by the issue of a user ID and password) to access the Supplier Sites;

"CMDL"

Cranfield Management Development Limited (Company Number 02760241) whose registered office is at Cranfield University, Bedford, Beds, MK43 0AL;

"CMDL Portal"

any CMDL website portal and/or any CMDL KI product which is made available to you via the company website or CMDL website

"Company"

your employer;

"Conditions"

the standard terms and conditions for use of the Sites and Materials as set out in this document together with theRestrictions on Use Policy;

"Materials"

the materials and content belonging to CMDL or its licensors which you are able to access and use through the Sites, including, where applicable, the Supplier Materials;

"Sites"

the Website and, where applicable, any CMDL Portal and/or the Supplier Sites;

"Special Terms"

terms which specifically relate to the respective Supplier Sites and the Supplier Materials and which are set out for each Supplier Site in Condition 10;

"Supplier Materials"

materials belonging to any third party supplier which can be accessed by links to Supplier Sites from  the Website;

"Supplier Sites"

third party websites containing Supplier Materials which can be accessed via the Website;

"Website"

CMDL’s website under the domain name www.cranfieldknowledgeinterchange.com;

"You and Your"

the person accepting these Conditions.  Where the context so requires, You and Your includes the Authorised Users.

 

The following Conditions govern your use of the Sites and the Materials supplied by CMDL.

2 THE WEBSITE AND THE CMDL PORTAL
2.1 You may access some areas of the Website without registering with CMDL. Certain areas of the Website and access to the Supplier Sites are only open to you if you are an Authorised User.
2.2 By accessing any part of the Website, you shall be deemed to have accepted these Conditions in full.  If you do not accept these Conditions in full, you must leave the Website and cease using the Materials immediately.
2.3 In addition to your use of the Website, your Company may provide you with access to a CMDL Portal.  Your use of the CMDL Portal and any Materials found there is subject to these Conditions.  By accessing any part of the CMDL Portal, you shall be deemed to have accepted these Conditions in full.  If you do not accept these Conditions you must not use the CMDL Portal.
2.4 CMDL may revise these Conditions at any time.  You should ensure that you check these Conditions regularly and, if you an Authorised User, each time you log in, because these Conditions are binding on you.  Certain provisions of these Conditions may be superseded by legal notices or terms which may be posted on the Website and/or the Supplier Sites and/or any CMDL Portal and these Conditions are subject to any Special Terms which may apply in relation to the Supplier Materials.
3 LICENCE AND RESTRICTIONS ON USE
3.1 Subject to any Special Terms which may apply for Supplier Materials, you are granted a non-exclusive, non-transferable limited licence to access the Sites and use the Materials made available to you from time to time in accordance with these Conditions. 
3.2 You may only use the Sites and the Materials for your own personal and/or academic use and, subject to any Special Terms and any restrictions on any Supplier Site and/or any CMDL Portal, you may:
 
3.2.1 view Materials on screen;
3.2.2 print a reasonable portion of the Materials; and
3.2.3 download a reasonable portion of the Materials to a storage device which is under your exclusive control.
3.3 The terms of the Restrictions on Use Policy apply to your use of the Materials and the Sites and you must not do anything which is not permitted under the terms of that policy.
3.4 In addition to any restrictions on your use in the Restrictions on Use Policy, you must not:
 
3.4.1 remove or obscure the copyright notice or notices contained in Materials retrieved from the Sites;
3.4.2 purport to assign, sub-licence or otherwise dispose of your rights under these Conditions.
3.5 Your failure to use the Sites and the Materials in accordance with these Conditions (including the Restrictions on Use Policy) may result in your access to the Sites and the Materials being immediately terminated.
3.6 Other provisions that govern your use of the Sites and the Materials are set out in the Special Terms for Supplier Materials and other terms on the Supplier Sites and/or any CMDL Portal (collectively the "Additional Terms") all of which are incorporated by reference to these Conditions.
3.7 In the event of a conflict between any two or more provisions appearing in these Conditions, the following order of priority shall prevail:
  1. the Special Terms; then
  2. any other terms on the Supplier Sites; then
  3. any other terms on any CMDL Portal; then
  4. the Restrictions on Use Policy; then
  5. the remainder of the terms in these Conditions.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge and agree that all rights, title and interest (including all copyrights and other intellectual property rights) in the Sites and the Materials (in both print and machine readable form) belong to CMDL or its third party suppliers or licensors of materials.
4.2 You may not use the Sites or the Materials in any way except as specifically provided in these Conditions and you may not use the Sites or Materials in any fashion that infringes the copyright or proprietary interests therein.
4.3 You will defend, indemnify and hold CMDL harmless against claims, actions, proceedings, losses, damages, expenses and all costs (including legal and professional fees) arising out of or in connection with your use of the Sites and the Materials and/or any breach by you of these Conditions and/or the Restrictions on Use Policy.
5 ACCESS TO SERVICES
5.1 You may only access the Supplier Sites and use the Supplier Materials if you are an Authorised User.  Each Authorised User will be given a user ID and password which are for a single user only.  CMDL does not permit you to share your username and password with any other person.
5.2 Any user ID and password issued by CMDL to the Authorised User are personal and confidential to that Authorised User.
5.3 Responsibility for the security of any passwords issued rests with you. If CMDL suspects that any user ID or password is being used by an unauthorised user or a different Authorised User than the person to whom it was issued, that user ID and password may be cancelled and your right to access the Supplier Sites terminated. 
5.4 CMDL may require you to change the passwords from time to time and shall notify you accordingly. 
5.5 You must inform CMDL immediately if you have any reason to believe that any password has become known to anyone else or if any password is being or is likely to be used in an unauthorised or prohibited way.
5.6 The Sites and the Materials may be changed by CMDL at any time without notice.
5.7 CMDL shall not be liable to you in the event that access to the Sites becomes unavailable to you at any time or is suspended temporarily.
5.8 CMDL has not reviewed the Supplier Sites and does not control and is not responsible for the Supplier Sites or their content or availability.  CMDL does not endorse or make any representations about the Supplier Sites, or any materials found there, or any results that may be obtained from using them. You acknowledge that if you use the links to Supplier Sites and/or other websites on the Website you leave the Website and CMDL shall have no liability to you in respect of the content or availability of the Supplier Sites and/or other websites. 
6 LIMITED WARRANTY
6.1 CMDL represents and warrants that it has the rights and authority to make the Sites and Materials available to you subject to these Conditions and the Special Terms for Supplier Materials.
6.2 EXCEPT AS OTHERWISE PROVIDED IN CLAUSE 6.1, THE SITES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND CMDL MAKES NO EXPRESS WARRANTIES UNDER THESE CONDITIONS, INCLUDING WITHOUT LIMITATION, THAT THE SITES AND MATERIALS ARE OR WILL BE FREE FROM ERRORS OR THAT THE INFORMATION WILL CONTINUE TO BE AVAILABLE TO CMDL.
7 LIMITATION OF LIABILITY
7.1 This paragraph sets out CMDL’s entire financial liability, including any liability for the acts or omissions of CMDL’s employees, agents and sub-contractors, in respect of:
 
7.1.1 any breach of these Conditions;
7.1.2 any use made by you of the Sites or Materials or any part thereof;
7.1.3 any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with these Conditions.
7.2 To the maximum extent permitted by law, CMDL shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from:
 
7.2.1 any errors in or omissions on the Sites or in the Materials;
7.2.2 the unavailability or interruption to the supply of the Sites or any features thereof or any Materials;
7.2.3 your use or misuse of the Sites or Materials;<
7.2.4 the content of Materials;
7.2.5 acts, events, omissions or accidents beyond CMDL’s reasonable control which result in CMDL being prevented or delayed in performing its obligations under these Conditions, including without limitation default of sub-contractors or suppliers of the materials, strike, lock-out or other industrial disputes, failure of a utility service or transport or communication network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
7.3 Except as expressly and specifically provided in these Conditions you assume sole responsibility for any decision made or action taken from the use of the Sites or the Materials, and for conclusions drawn from such use.
7.4 All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from these Conditions.
7.5 Nothing in these Conditions excludes CMDL’s liability:
 
7.5.1 for death or personal injury caused by CMDL’s negligence;
7.5.2 for fraud or fraudulent misrepresentation; or
7.5.3 any other liability for which it would be illegal for CMDL to exclude or attempt to exclude liability.
7.6 Subject to clause 7.5 above:
 
7.6.1 CMDL shall not be liable for any loss of profits, loss of business, depletion of goodwill and for such all similar losses or pure economic loss or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising; and
7.6.2 the total liability of CMDL in respect of contract, tort, (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplatedperformance of CMDL’s obligations under these Conditions shall be limited to the price paid for your use of the Sites and Materials during the 12 months preceding the date on which the claim arose.
8 TERMINATION
8.1 CMDL may suspend or discontinue access to the Sites and Materials without notice.
8.2 Without prejudice to Condition 8.1, your right to use any CMDL Portal will automatically come to an end when your CMDL development programme comes to an end, unless otherwise agreed by CMDL. 
8.3 CMDL may pursue any remedy legally available to it if you fail to comply with any of your obligations under these Conditions (including the Restrictions on Use Policy and the Additional Terms).
8.4 In the event that CMDL discontinues to provide you with access to the Sites and Materials in accordance with Condition 8.1 above, all licenses granted under these Conditions shall immediately terminate. 
9 GENERAL PROVISIONS
9.1 Except as otherwise provided in these Conditions, all notices and other communications to you under these Conditions shall be in writing or displayed electronically on the Website. 
9.2 Such notices to you shall be deemed to have been properly given:
 
9.2.1 on the date posted, if posted;
9.2.2 on the date first made available, as displayed on the Website; or
9.2.3 on the date received, if delivered in any other manner.
9.3 Notices to CMDL should be sent to the address provided in the "contact section" of the Website.
9.4 If any provision (or part of a provision) of these Conditions is found by any Court or administrative body of competent jurisdiction to be, invalid, unenforceable or illegal, the other provisions shall remain in force and if any provision of the Additional Terms is similarly found to be invalid, unenforceable or illegal, these Conditions will still apply and prevail. 
9.5 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the party. 
9.6 Failure of CMDL or any third party supplier or licensor of materials to enforce any provision of these Conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
9.7 You may not assign your rights or delegate your duties under these Conditions or any Additional Terms.
9.8 Each third party supplier of materials or licensor has the right to enforce these provisions directly on its own behalf as a third party beneficiary.
9.9 These conditions and the Additional Terms shall be interpreted and construed according to, and governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the English Courts. 
9.10 Save as specified in Condition 9.8, no third party shall acquire any rights under these conditions and the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded.
10 SPECIAL TERMS
  In this Condition 10 ("you") and ("your") shall be construed as meaning those persons who are Authorised Users only.
10.1 This Condition 10 contains the terms applicable in relation to each of the respective Supplier Sites and Supplier Materials on that particular Supplier Site, as shown below.  These terms will only be relevant and binding upon you if you are an Authorised User.

Services provided by getAbstract Limited ("getAbstract")
10.2 getAbstract will provide you with access to certain materials on the getAbstract database on its website which can be accessed using the link provided on the Website.
10.3 You have the option of subscribing to an individual weekly summary service which will provide you e-mail updates. 
10.4 You acknowledge and agree that the content available through the getAbstract website, including the summaries and associated metadata, is the property of getAbstract or its licensors and subsidiaries. 
10.5 DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN GETABSTRACT IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT.   GETABSTRACT AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH GETABSTRACT.  NEITHER GETABSTRACT NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY FROM THE USE OF THE GETABSTRACT CONTENT.  IN NO EVENT WILL GETABSTRACT, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT.  GETABSTRACT AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ARE RESPONSIBLE FOR ALL STATEMENTS MADE AND ACTS OR OMISSIONS THAT OCCUR WHILST YOUR PASSWORD IS BEING USED.

Services provided by OneSource Information Services Limited ("OneSource")
10.6 You may access the OneSource service and OneSource information for your internal use only and may not make the OneSource service available for any use by loan, rental, sub-licence, service bureau, time sharing, or similar arrangement.
10.7 You are permitted, from time to time to distribute small portions of the OneSource information to colleagues, provided that the amount of such information distributed shall be insubstantial in nature in comparison with the OneSource database from which the information is extracted.
10.8 NEITHER ONESOURCE NOR ANY INFORMATION PROVIDER WARRANTS THE ACCURACY, ADEQUACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION, THE SERVICE, AND/OR ELEMENTS THEREOF.  THE SERVICE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY, REPRESENTATION, OR UNDERTAKING OF ANY KIND.  NEITHER ONESOURCE NOR ANY INFORMATION PROVIDER MAKES ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE RESULTS TO BE OBTAINED FROM IT, OR THE SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE.
10.9 In no event shall OneSource, or any information provider, or third party supplier have any liability, in contract, tort or otherwise, for any loss or damage including lost profit and/or indirect, special, incidental or consequential losses, arising out of the use of the OneSource service that is provided, even if OneSource or its information providers have been advised of the possibility of such damages.  In no case shall the liability of OneSource or any information provider exceed the total charges paid for the subscription term to which the claim relates.
10.10 You agree to take such security measures to prevent the unauthorised duplication, distribution or use of the OneSource software and information and in no event shall such measures be less than commercially reasonable.  In addition, you agree to honour and comply with reasonable requests submitted directly by OneSource and/or CMDL in order to protect OneSource and/or its information providers in order to protect their respective rights in the OneSource service.

Services provided by Datamonitor Ltd
10.11 You acknowledge and agree that the legal and beneficial interests in all copyrights, patents, utility models, trade marks, service marks, design rights (whether registered or unregistered), database rights, semi-conductor typography rights, proprietary information rights and all other proprietary rights as may exist anywhere in the world together with applications associated with any such rights ("Intellectual Property Rights") relating to Datamonitor, products belong to Datamonitor or its licensors, as the case may be, at all times.  You obtain no intellectual property rights in the Datamonitor products pursuant to arising out of the use of those products.
10.12 Datamonitor shall not be liable to you for any indirect or consequential loss, including loss of actual or anticipated profits, revenue, good-will, anticipated savings or data, whether arising from negligence, breach of contract or otherwise.  Datamonitor’s liability in contract, tort or otherwise arising out of or in connection with the use of the Datamonitor products shall in respect of any one or more incidents not exceed the total amount charges received by it for the Datamonitor products in the twelve months proceeding the date the incident occurs. 

RESTRICTIONS ON USE POLICY

Attention: This Restrictions on Use Policy ("Policy") applies to your use of the Sites and the Materials and forms part of the Terms and Conditions.  If you do not accept the terms of this Policy, please do not use the Sites or the Materials.

Unless specified below all capitalised words (definitions) used in this Policy have the meanings given to them in Clause 1 of the Terms and Conditions, which can be found above.

  1. Pre-Amble
    1.1 The terms of your licence to use the Materials can be found at section 3 of the Terms and Conditions.   This Policy sets out, at paragraph 2 below, what you cannot do in relation to the Sites and the Materials and what steps we may take if we consider your use to be unacceptable.
  2. Restrictions on Use
    Subject to:
    • any additional restrictions relating to your use of the Supplier Sites and the Supplier Materials which can be found in the Special Terms and which may also be set out on any Supplier Site, and
    • any additional restrictions on any CMDL Portal relating to your use of that CMDL Portal,

    you must not:
    2.1 create, or in any way assist in the creation of a database of the Materials (whether in electronic, structured or any other form and whether correct or archival), by systematically and/or regularly downloading, caching, printing and/or storing all or any of the Materials;
    2.2 unless permitted under the Terms and Conditions (and, in particular, section 3 of the Terms and Conditions and/or the Special Terms) copy, publish, republish, sell, distribute,  redistribute, reproduce, transmit or disseminate any or all of the Materials; 
    2.3 amend, modify, adapt, make additions to or create derivative works from the whole or any part of the Materials;
    2.4 grant access to any password protected parts of the Sites and/or the Materials found there to any third party, whether by password sharing or any other method;
    2.5 frame, harvest, scrape, data mine, web crawl or otherwise access any or all of the Sites and/or Materials for similar purposes;
    2.6 download more than a reasonable portion of the Materials or the Materials as a whole.
  3. Obligations
    3.1 We will require you to return all copies of the Materials or any part of the Materials which have been obtained, stored or otherwise used in a way which is unacceptable of this Policy.
    3.2 We may ask you to provide to us with information and assistance to enable us to investigate your use of the Sites and/or the Materials.
    3.3 You agree to inform us, promptly and in writing, if you suspect, or become aware, that a third party has gained access to the Sites and/or Materials under your subscription/user ID and password or that the Sites and/or Materials are being used, or are likely to be used, in anyway which is unacceptable under this Policy.
  4. Cancellation by us
    4.1 If, in our absolute discretion, we consider from your usage and/or download levels, your general conduct or from any other factor that you are doing or purporting to do anything which could constitute unacceptable use under this Policy, we may:
     
    4.1.1 issue a written warning to you via email to confirm why we consider your use  to be unacceptable and requiring you to stop carrying out those unacceptable activities; and/or
    4.1.2 suspend your access to the Sites and/or Materials until such time as the unacceptable use ceases or until we have investigated your use further; or
    4.1.3 immediately terminate your access to the Sites and/or Materials if:
    1. we consider your unacceptable use to be serious; or
    2. you fail to remedy your unacceptable use after being issued with a written warning (in accordance with paragraph 4.1.1 above) requiring you to do so.
    4.1.4 take such other action which, in our complete discretion, we deem appropriate in the circumstances.
  5. Amendments to this Policy
    5.1 We may revise this Policy at any time and we would ask that you check this Policy regularly for any changes. 
    5.2 Certain provisions of this Policy may be superseded by legal notices or other terms which may be posted on the Website, any Supplier Site and/or any CMDL Portal.

    To protect each visitor’s privacy, the Cranfield KI Online website is subject to the Cranfield School of Management Privacy Policy. Click on this link for full details.


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