CIRSFID :: IRNERIO

The aim of the irnerio project is to digitalise and make available all manuscripts currently stored in the "Collegio di Spagna" library.

In order to gain access to the digital library it is mandatory to read and accept the disclaimer

GENERAL TERMS OF USE FOR THE IRNERIUS DATABASE

The Irnerius database may be accessed and used subject to the following general terms and conditions, published on the irnerio.cirsfid.unibo.it website and current at the time you log onto the site itself.
You must carefully read these terms and conditions before accessing the Irnerius database. 
By accessing the Irnerius database, you accept to be bound by the present terms and conditions.
If you should disagree with any of these terms and conditions, you must refrain from either accessing or using the Irnerius database.

Section 1 - Definitions
1.1. Except as otherwise stated, the terms and expressions that follow shall have the following meanings and will always be capitalized, both in the singular and in the plural.
- "Owner" means CIRSFID - Interdepartmental Centre for Research on the History, Philosophy, and Sociology of Law and on Legal Informatics - based at the University of Bologna and located on Via Galliera No. 3, Bologna. In this capacity, CIRSFID is responsible for maintaining the Irnerius Website - irnerio.cirsfid.unibo.it (hereinafter the Website) - through which CIRSFID makes the Irnerius Database available to the public.
- "Database" means the Irnerius Database, available through the Website and containing the digital reproductions of the manuscripts held at the Collegio di Spagna in Bologna. The Database is owned by CIRSFID and was created by CIRSFID itself, partly through its own funds and partly through funds made available by the CARISBO Foundation and by MIUR (the Italian Ministry for Education and Research).
- "Website" means the website at the URL irnerio.cirsfid.unibo.it, owned and maintained by the Owner, and through which the Database may be consulted.
- "User" means anyone using the Website to access the Database under these general terms of use.
- "Agreement" or "Contract" means the agreement between the User and the Owner setting forth the general terms and conditions under which Users may access and use the Website, the Database, and the Data stored in the Database itself. 
- "Data" means the Data stored in the Database, namely, the high- and low-resolution digital reproductions of the manuscripts held at the Collegio di Spagna.
- "Copyright" means the complex of economic rights in the Database under Law No. 633/1941 (the Italian Copyright Law).
- "Database Creator's Rights" means the rights set forth in Article 102-bis of the aforementioned Law No. 633/1941).
- "Party" or "Parties" means either the Owner or the User or both (in the plural) in their capacity as persons or entities bound by this Agreement.

Section 2 - Subject Matter
2.1. Within the limitations set forth in this Agreement, the Owner authorizes Users to log onto the Website and consult the Database free of charge, on a nonexclusive, nontransferrable basis, and for personal use only, barring any use having any commercial purpose, either directly or indirectly.
2.2. Users shall access the Website at their own expense (bearing all the costs necessary to use the requisite hardware and software).
2.3. Users deemed to be "consumers" under the Italian Consumer Code (Legislative Decree 206/2005) will be protected accordingly. A consumer, under Article 3 of Legislative Decree 206/2005, is "any natural person acting for purposes falling outside the scope of any entrepreneurial, commercial, trade, or professional activity he or she may pursue."

Section 3 - Intellectual Property and Permitted Activities
3.1. The Database and the Website's content are protected under the current provisions on copyright and database creator's rights contained in Law No. 633/1941 (the Italian Copyright Law). Copyrights and database creator's rights in the Database, in the Data, and in the Website's contents belong exclusively to the Owner.
3.2. Users shall respect the Owner's intellectual property rights in the Database, in the Data, and in the Website's contents, and shall not engage in any activity that may undermine the Owner's legitimate interests and rights.
3.3. Users may carry out only those operations which are necessary to access and consult the Database and which are allowed to them under the law currently in force.
3.4. Under the present Agreement, the Owner does not grant Users any existing rights in the Database, in the Data, or in the Website's contents. The Owner only grants Users the right to access and consult the Database and to use the Data stored in it, strictly within the limits set forth in this Agreement and in compliance will all applicable law. Any right or privilege not expressly granted under this Agreement shall be deemed to be reserved solely to the Owner.
3.5. Users are allowed to use the hyperlinks to the Website and to the Data, so long as the hyperlink on the source page expressly carries the following information: << pressmark >>, << page number >> (for the Data) or comment by << author >> (for the metadata contained in the Website). Example: << Bologna, CS, codex 03, Concordantia Bibliae, F001r, comment by Domenico Maffei, http://sinatra.cirsfid.unibo.it/irnerio/browser/003/001r/) >>.
3.6. Users are hereby advised that when they access the Website and the Database, the Owner will record the IP (or Internet protocol) address from which they are accessing the Website, this for the purpose of verifying whether the terms and conditions contained in this Agreement have been accepted. This record of the IP address may be used by the Owner to pursue legal action against any Users who may breach this Agreement or infringe the Owner's intellectual property rights.

Section 4 - Acceptance of the Terms and Conditions Contained in the Present Agreement
4.1. Users will be deemed to have accepted the terms and conditions set forth in this Agreement simply by virtue of their accessing this Website and consulting the Database.
4.2. The Owner reserves the right to unilaterally change any of the terms and conditions in this Agreement at any time by publishing the new agreement on the Website.
4.3. The new terms and conditions will be effective between the Parties from the moment they are published on the Website.

Section 5 - Limitations on the Use of the Data and the Website's Contents
5.1. Any use of the Database, the Data, or the Website's contents other than as provided for in this Agreement and in applicable law is expressly prohibited.
5.2. Any use of the Database or of a substantial part of the Data or of the Website's contents for purposes having any direct or indirect commercial application will in any event have to be authorized in writing by the Owner. Anyone wishing to request such an authorization may do so by writing an email to the Owner at irnerio.cirsfid@unibo.it.

Section 6 - User's Obligations
6.1. Users shall
a) comply with the terms and conditions set forth in this Agreement;
b) use the Database, the Data, and the Website's contents within the limits set forth in this Agreement and in all applicable law and in compliance with both;
c) make sure that they do not in any way undermine the rights and legitimate interests of the Owner as Copyright holder and as holder of the Database Creator's Rights; and
d) correctly acknowledge the source of the Data and the Website's contents in every case where that is required by law and in keeping with Section 3.5 of this Agreement.
6.2. Users are expressly prohibited from allowing third parties from enjoying, in whole or in part, the rights arising out of this Agreement.

Section 7 - Features of the Database and Limited Warranty
7.1. Except as provided by law, the Owner hereby declares that the Database is made available as is, without making any implicit or explicit warranty, including, by way of example, any warranty of fitness for a particular purpose.
7.2. The Owner makes no warranty that the features of the Database or its contents will answer the User's needs, nor does the Owner guarantee that access to the database will not be interrupted or terminated. The Owner shall not be held liable for Users' inability to access the Database.
7.3. The Owner makes no guarantee that the Data stored in the Database are complete, exhaustive, accurate, or reliable.
7.4. Users assume all responsibilities and risks in choosing to use the Database as well as in relying on the results obtained by using the Database and its contents.
7.5. Users shall make sure that their equipment and their Internet connection are properly configured for access to the Database. The Owner shall not in any way be held liable if Users should find it impossible to access the Database owing to their use of inadequate or faulty hardware or software.
7.6. The Owner may at any time, at its sole discretion, and without notice update or change the contents or features of the Website or the Database.

Section 8 - Limited Liability
8.1. Except as provided by law, the Owner shall not be held liable in contract or tort for any direct, indirect, incidental, or consequential damages stemming from any loss or injury a User or third party may sustain owing to any proper or improper use of the Database or the Data. This includes, but is not limited to, damages for lost profit or lost opportunity, except where an event can be ascribed to willful or grossly negligent acts or omissions of the Owner.
8.2. The Owner shall not be held directly or indirectly liable for any temporary or permanent inability of Users to access or use the Website or the Database, either in whole or in part, for any reason whatsoever.
8.3. The owner shall not be held directly or indirectly liable for any inaccuracy of the Data.
8.4. Users wishing to report any inaccuracy or malfunction may do so by emailing the Owner at irnerio.cirsfid@unibo.it.

Section 9 - Duration and Termination
9.1. The present Agreement will be in effect between the Parties from the time it is entered into and will continue to be effective for as long as the Database will be accessible on the Website.
9.2. The Owner may at any time, without notice, and at its sole discretion withdraw from the present Agreement and discontinue User access to the Website or to the Database through the Website.

Section 10 - Governing Law and Venue
10.1. The present Agreement, and the Parties' relationship arising out of it, shall be governed by the laws of Italy.
10.2. All matters not expressly addressed in this Agreement shall be governed under current Italian provisions, including those on consumer protection. Consumer protection in relation to distance contracts is specifically covered in Part III, Title III, Heading I, Section II (Distance Contracts) of Legislative Decree No. 206 of 6 September 2005 (Consumer Code, pursuant to Article 7 of Law No. 229 of 29 July 2003).
10.3. The sole venue for any dispute arising in connection with this Agreement - including any dispute concerning the existence, validity, interpretation, breach, or discharge of this Agreement - shall be the Court of Bologna. If the User is deemed a consumer under applicable law (the aforementioned Legislative Decree 206/2005), the venue will be the court having jurisdiction where the User either resides or is domiciled.

V. 01/07/2013

I have read and accept the GENERAL TERMS OF USE FOR THE IRNERIUS DATABASE.

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, I declare I have read the GENERAL TERMS OF USE FOR THE IRNERIUS DATABASE, and I specifically accept the following provisions: :

Section 4 (Acceptance of the Terms and Conditions Contained in the Present Agreement);
6 (User's Obligations);
Section 7 (Features of the Database and Limited Warranty);
Section 8 (Limited Liability);
Section 9 (Duration and Termination);
and Section 10 (Governing Law and Venue).

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