End User License Agreement - The EVIA Digital Archive Project

End User License Agreement

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All users of the EVIA Digital Archive Project's online Search and Browse website must agree to a user's statement that lays out the terms of use in both ethical and legal terms. The recordings contained in the archive are made available for research and educational purposes, and the statement is an attempt to make sure users understand those parameters of use. It also defines legal constraints on how the material may be used, and it outlines the limits of Indiana University's responsibilities in terms of availability to this resource or damages that result from misuse. This license agreement must be digitally approved by each user before access to the archive is granted. Below is a copy of the agreement.

EVIA Digital Archive End User License Agreement

You are seeking access to recordings made or gathered as part of ethnographic research into the cultural life of a given individual or group. Ethnographic recordings have great value for cultural history but are necessarily incomplete documentations and representations of these individuals or groups and should be understood as one perspective from a particular point in time.

In order to access the recordings, you must read and agree to comply with the following end user license agreement ("EULA"). The EULA is intended to protect the rights of the subjects appearing within the recordings, the researchers, the EVIA Digital Archive Project and Indiana University. It describes the obligations of anyone who accesses the material in the collection. All users of the collection must comply with the terms of the EULA. Failure to do so will result in termination of your access to the collection and may subject you to civil and criminal penalties.

The recordings in the collection and the music and performances contained in the recordings are protected by copyright and other laws. Users may access the recordings solely for their individual and nonprofit educational and research purposes. If a user wishes to make any further use of the recordings, the user is responsible for obtaining all necessary permissions to do so from the applicable rights holders in the material.

Users may NOT make or distribute copies of the recordings or their contents, in whole or in part, for any purpose.

Users may NOT share their login credentials (username and password) with anyone else.

The Archive and its associated website ("Site") may be temporarily unavailable from time to time for maintenance or other reasons. IU assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure, involving the Archive. IU is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of access on account of technical problems or traffic congestion on the Internet or at any part of the Site, or combination thereof, or for any resulting injury including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from accessing and using the Site.

In no event will Indiana University or its trustees, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site content or other materials on, accessed through or downloaded from the site, even if University is aware or has been advised of the possibility of such damages. You acknowledge that because no fees are paid to the University for use of the site or its services, you shall not be entitled to damages of any kind from university, regardless of the nature of the claim or cause of action and under any theory in law or equity.

Indiana University reserves the right to change any and all content, software and other items used or contained in the Site and any services and platform applications offered through the Site at any time without notice.

Any claim or cause of action you wish to assert involving the Site or its services must be brought in a court of competent jurisdiction and appropriate venue within the State of Indiana, and shall be governed by Indiana and any applicable federal law, without reference to choice of law principles. Nothing in the preceding sentence shall be construed to modify the disclaimers and limitations of liability provided above.

By logging in to the EVIA Digital Archive you represent that you have read, understood, and agree to comply with the above terms and conditions of use of the Archive.

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