Please read and accept the following license agreement prior to using Oceana Online. To accept the agreement and enter Oceana Online press the Accept button. If you do not accept the license agreement press the Decline button and you will be returned to the Oceana home page.

Oceana Online License Agreement

Whereas, Provider offers restricted online access (the "Service") to legal and other resource Material(s) (the "Material(s)") electronically stored on its website (the "Site"); and
Whereas, Provider only provides access to the Material(s) subject to the terms and conditions set forth herein; and
Whereas, User desires to subscribe to the Service and make use of the Material(s) from the Site for research and reference purposes, subject to the terms and conditions set forth herein;

The parties agree as follows:

1. License.

1.1. Provider grants to User a nonexclusive, nontransferable, limited license to access the Site and utilize the Material(s). The rights granted to User under this license are limited to the following:
a. the right to access the Site through the World Wide Web;
b. the right to electronically view the Material(s);
c. the right to download and electronically store a single copy of selected files from the Material(s) in machine-readable form on for no more than ninety (90) days; and
d. the right to print a single, physical copy of selected files from the Material(s) for User’s exclusive use.
Abuse of the rights outlined in subparagraphs c and d may, at the Provider’s discretion, result in termination of this license.

2. Password.

2.1. Within a reasonable period of time after User subscribes to the Service, Provider shall issue User a password for purposes of accessing the Site and using the Material(s), subject to the terms and conditions set forth herein (the "Terms") which Terms may be changed by Provider from time to time.
2.2. Each User shall be responsible for all charges incurred through use of her/his password. The User agrees to keep his/her password confidential and to notify Provider within twenty-four (24) hours of any breach of this Agreement or unauthorized use of User’s password.
2.3. Provider does not protect User from unauthorized use of User’s password. User shall be responsible for all uses of her/his password, whether or not authorized by User, and User agrees to hold Provider harmless from and against any and all liability resulting from the improper use of User’s password.

3. Restrictions On Use.

3.1. The rights granted herein are granted solely to User. To the extent not otherwise allowing in herein, User shall not, nor shall User allow any third party to, access the Site or otherwise view, display, use, store, copy, modify or distribute the Material(s).
3.2. Provider, or a third-party supplier, owns all right, title and interest in and to the Material(s), including the copyrights, trademarks and any and all other intellectual property rights therein. User acknowledges the right, title and interest of Provider, and any third-party supplier, in and to the Material(s) and any and all intellectual property rights therein, and will not at any time do or cause to be done any act or thing violating, contesting or in any way impairing or tending to impair any part of such right, title and interest. If any of the Material(s) is in the public domain, User acknowledges that the restrictions on access and use of such Material(s) contained herein shall still apply thereto. Licensee shall not in any obtain ownership in or in any manner represent that it has any ownership in the Material(s) or any rights in the Material(s) not otherwise granted herein.
3.3. User shall not remove or otherwise alter any copyright notice, trademark, or other indicia of authorship, source or ownership contained in the Material(s).
3.4. User shall not use the Material(s) for any purpose which would violate any national, state or local law, regulation or ordinance.
3.5 User shall not download for the purpose of reselling or offering on any other service, commercial or otherwise, any Material(s) from the Site.
3.6 Users that purchase a Site License with IP access may allow usage of the Service only by authorized users of the User’s network. The User shall bear responsibility for controlling such use.

4. E-mail Address.

User shall, at all times, maintain an e-mail address, which User shall provide to Provider. User shall immediately notify Provider of any change in User’s e-mail address. All notices of changes in the Terms or the Rates and any other notice that Provider is required or desires to give to User under the terms of this Agreement may be sent to such e-mail address, and such notices shall be deemed received by User when sent by Provider.

5. Payment of Charges.

5.1. All charges incurred by User will be honored by the User. User shall pay charges incurred by User at the Rates in effect at the time incurred, including all applicable taxes, if any.
5.2. User agrees that failure to make any payment when due may result, in Provider’s sole discretion, in automatic termination of User’s access to the Site without notice.

6. Disclaimer of Warranties.

6.1. The Service and content from or through the Service are provided "as is," "as available," and the Provider and all other Covered Parties, as "Covered Parties" is defined in paragraph 7.2 Below expressly disclaim all warranties, express or implied, including but not limited to any implied warranties of merchantability and fitness for a particular purpose.
6.2. The Site and the Material(s) contained therein may contain bugs, errors, problems or other limitations. User acknowledges that no representations, warranties or guarantees whatsoever have been made as to the accuracy, currentness, completeness, adequacy, reliability, suitability, applicability, or the like, of the Material(s) to a particular situation.
6.3. Provider and all other Covered Parties disclaim all responsibility or liability for damages in connection with or caused by viruses, or the like, contained within electronic files or any electronic attachments sent by or through the Site. It is the sole responsibility of User to verify that no computer viruses, other destructive software, or the like, is transmitted from the Site.

7. Limitations of Damages.

7.1. The following limitations of damages are fundamental elements of the basis of the agreement and understanding between Provider and User, and the Service will not be provided without such limitations: The sole and entire maximum liability of the Covered Parties, for any reason, and User’s sole and exclusive remedy for any cause whatsoever, including but not limited to: (a) any errors or omissions in the Material(s); (b) the unavailability of any Material(s); © the interruption of Provider’s service, or any part thereof, (d) the User’s use of the Site or the Material(s) (regardless of whether User received any assistance from Provider); or (e) the use of any equipment in connection with the Service, shall be limited to the amount paid by User for the specific Service. The Covered Parties are not liable for any indirect, special, incidental or consequential damages (including but not limited to damages for loss of business, loss of profits or litigation), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if the Provider may have been advised of the possibility of such damages. In some jurisdictions, statutes may apply regarding the disclaimer of warranties and limitation of liability, and, to the fullest extent lawful in those jurisdictions, it is intended that all warranties, express or implied, including the warranty of fitness for a particular purpose and merchantability, are hereby disclaimed and, if for any reason liability is assessed on a Covered Party, the limitation of liability set forth above shall apply to the fullest extent permitted by law.
7.2. As used in this Agreement, the term "Covered Party" shall be defined as the Provider and its affiliates, licensors, participating publishers, third-party content or service providers, authors, dealers, suppliers, or the like and their respective officers, directors, employees, agents, successors, assigns or anyone claiming from or through them.

8. Indemnity.

User agrees to indemnify, defend and the Covered Parties harmless from any and all liability, loss, claim, cost or expense, including but not limited to accounting and attorney fees incurred at arbitration, trial or on any appeal therefrom, which may be incurred by reason of User’s violation of this Agreement or by User’s use of the Service. This section will survive the termination of this Agreement for any reason.

9. Termination by Provider.

Provider, in its sole discretion, may terminate the subscription to the Service at any time by providing User with not less than ten (10) days’ notice of termination. Provider may immediately suspend or terminate User’s subscription to the Service if Provider has a reasonable basis for believing that User has failed to comply with any obligation hereunder.

10. Miscellaneous.

10.1. Notices. Unless otherwise stated in Paragraph 5 above, all notices required by this Agreement shall be made in writing, postage prepaid, certified mail, return receipt requested, by facsimile transmission to the addresses or numbers first given above, by hand delivery, or by e-mail to oceana.info.us@oup.com . Notice shall be deemed received two (2) days after the date of mailing, or the day after it is faxed or hand delivered, or the day it is e-mailed.
10.2. Assignability. This Agreement or the rights, responsibilities or obligations granted or assumed in this Agreement may not be assigned by User, in whole or in part. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs and legal representatives.
10.3. Merger. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings and proposals (whether written or oral) in respect to the matters specified.
10.4. Headings. All headings used in this Agreement are for reference purposes only and are not intended or deemed to limit or affect, in any way, the meaning or interpretation of any of the terms and provisions of this Agreement.
10.5. Rule of Construction. It is expressly agreed by the parties to this Agreement that the rule of construction that a document should be more strictly interpreted against the person who drafted it shall not apply to any provision.
10.6. Waiver. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any repetition of such breach or default or in any way affect any of the other terms and conditions hereof.
10.7. Severability. If any provision of this Agreement is judicially declared to be invalid, unenforceable or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of this Agreement, and the part or parts of this Agreement so held to be invalid, unenforceable or void shall be deemed to have been deleted from this Agreement, and the remainder of this Agreement shall have the same force and effect as if such part or parts had never been included.
10.8. Effective Date. This Agreement is effective as of the date all parties hereto have executed this Agreement.
10.9. Attorneys' Fees. Whether or not an action, suit or legal proceedings are initiated or brought to enforce any or all of the provisions of this Agreement, the prevailing party shall be entitled to such attorneys' fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys' fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s).
10.10. Venue. This Agreement shall be deemed executed in the State of New York and shall be interpreted and construed in accordance with the laws of the State of New York relating to contracts made and performed therein. Venue shall be proper only in the City of New York, State of New York.
10.11. Collection. In the event it becomes necessary for Provider to turn User’s account over to an attorney or collection agency, Provider shall be entitled to recover from User, and User expressly agrees to pay, all costs incurred by Provider related to such collection activities, whether or not any suit, action or other legal proceeding is instituted, and including but not limited to attorneys' fees, costs and expenses, at arbitration, trial or on appeal.

In Witness Whereof, the parties hereto execute and date this Agreement.