netLibrary Trial Agreement

Updated 2 September, 1999

netLibrary, Inc.
1033 Walnut Street, Suite 200
Boulder, CO80302

September 1, 1999

Ms. Diane Costello
Council of AustralianUniversity Libraries
LPO Box 169
CanberraA.C.T. 2601
Australia

Re: Trial Usage of netLibrary.com

Dear Diane:

Interactive Knowledge, Inc., d/b/a netLibrary ("NL"), is pleased that you have expressed an interest in using our electronic library service, known as netLibrary.com ("netLibrary.com") on a trial basis. This letter represents our acknowledgment that you are permitted to use netLibrary.com, and your acknowledgment of the terms and conditions of that use.

netLibrary.com consists of a collection of books, journals, research publications and other materials in electronic form, the copyrights of which are owned by publishers and by NL. You, and your patrons and member organizations, will be permitted to have access to and view these electronic publications over the Internet, subject to the Terms of Usage adopted by NL from time to time, and to the rights of NL and the publishers under copyright laws. Access to netLibrary.com under the trial program will be limited to a period of 30 days, and will be limited to identified users selected by you. You will provide NL with appropriate authentication information (such as valid IP addresses, referring URL information, etc.) to allow NL to set up authentication of your users.

Use by netLibrary.com by any of your users in violation of the Terms of Usage, or any copyrights, can result in termination of use of netLibrary.com.

ACCESS TO AND USE OF NETLIBRARY.COM (INCLUDING THE TEST VERSION) IS MADE AVAILABLE TO YOU ON A TRIAL BASIS ONLY AND IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND NL EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NL DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF NETLIBRARY.COM OR THE TEST VERSION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NL OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF NL’S OBLIGATIONS HEREUNDER, AND PUBLISHER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

NL will not be subject to any claim for damages of any fashion for any use of netLibrary.com by you or your users under this agreement, other than as specifically set forth above.

If you accept the terms of the trial use of netLibrary.com as described above, please sign a copy of this letter in the space provided below and return it to me.

NETLIBRARY

For netLibrary
Name: ______

Title: ______

Accepted and agreed to

this ___ day of ______, 1999, by:

Company: ______

Name: ______

Title: ______

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