3. Use of Third Party Providers and Services. ISU may use certain third party service providers (collectively “Third Party Providers”) to support portions of the Services. Such Third Party Providers include, but are not necessarily limited to, the provider of the platform service for the Repository (the “Platform Provider”). You acknowledge and agree that ISU’s ability to provide and make available the Services is subject to and contingent upon ISU receiving the relevant services from the Third Party Providers.
4. Operation Rules. You may not: (i) interfere or attempt to interfere with the proper operation of the Repository or the data management platform service; (ii) attempt to gain or encourage others to gain unauthorized access to the Repository or the data management platform service; (iii) sell, lease, license, assign, transfer, distribute or otherwise charge or encumber or commercially exploit the Repository, the data management platform service, or any part thereof except as expressly permitted; (iv) misuse the Repository (including by hacking or by knowingly or negligently introducing viruses); or use the Repository in breach of applicable law.
5. Non-Endorsement. The Repository hosts content from a number of authors. You acknowledge that the statements and views of these authors are theirs alone, and do not reflect the stances or policies of the Iowa State University or their sponsors, nor does their posting imply the endorsement of Iowa State University or their sponsors.
6. No Warranties; Release and Indemnification. NEITHER ISU NOR ANY THIRD PARTY PROVIDER MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPREHENSIVENESS, ERROR-FREE AND/OR VIRUS-FREE OPERATION, OR CONTINUED AVAILABILITY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ISU AND ITS THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER ISU NOR ITS THIRD PARTY PROVIDERS GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND SERVICES MAY BE UNAVAILABLE FOR VARIOUS REASONS (INCLUDING BUT NOT LIMITED TO AS A RESULT OF MAINTENANCE SERVICES BY ISU AND/OR ITS THIRD PARTY PROVIDERS). YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS ISU AND ITS THIRD PARTY PROVIDERS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL ISU BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE MATERIALS, OR (4) FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH MATERIALS.
8. Removal of Materials. If ISU determines that the terms of service have been violated, it may limit or remove access to the deposited Material in question, leaving descriptive metadata and a notice to explain the reason for the removal.
9. Trademarks, Copyright & Proprietary Information. The Services contain trademarks and copyrighted material owned by ISU, its Platform Provider and/or the any provider of Materials; you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute such materials without written permission from the applicable owner. For purposes of clarification, this prohibition does not prohibit use of any publicly-available Materials under the terms of the specific license under which such Material were deposited.
10. Confidentiality and Protection of Access Credentials. You may be given (or required to create) certain user names and/or passwords in order to access some or all of the Services, which could include but is not limited to accounts created under a Deposit Agreement (the “Access Details”). You agree to keep Access Details secret and take all reasonable precautions to prevent unauthorized or fraudulent use of them and not disclose to or share your Access Details with any third party without the prior written consent of ISU (and the consent of ISU’s Platform Provider, to the extent your Access Details enable access to the data management platform service). You agree to notify ISU immediately if you become aware of any unauthorized use or disclosure of your Access Details.
11. Digital Millennium Copyright Act. ISU has designated an agent pursuant to the Digital Millennium Copyright Act (“DMCA”) and intends to respond to notices of alleged infringed filed in compliance with the DMCA. Contact ISU’s designated agent to file a notice with ISU pursuant to the DMCA:
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