End User License Agreement

END USER LICENSE AGREEMENT

THE INFORMATION SYSTEMS (IS) RESEARCH RANKINGS SERVICE (“THE SOFTWARE SERVICE”) AND ACCOMPANYING ELECTRONIC DOCUMENTATION ARE LICENSED AND NOT SOLD. THE SOFTWARE SERVICE IS PROTECTED BY COPYRIGHT LAWS AND TREATIES, AS WELL AS LAWS AND TREATIES RELATED TO OTHER FORMS OF INTELLECTUAL PROPERTY. MY VISION RESEARCH CONSULTING SERVICES OR ITS SUBSIDIARIES, AFFILIATES, AND SUPPLIERS (COLLECTIVELY “MY VISION RESEARCH” OR “MVR”) OWN THE INTELLECTUAL PROPERTY RIGHTS TO THE SOFTWARE SERVICE. THE LICENSEE’S (“YOU” OR “YOUR” OR “LICENSED ORGANIZATION”) LICENSE TO DOWNLOAD, USE, COPY, OR CHANGE THE SOFTWARE SERVICE IS SUBJECT TO THESE RIGHTS AND TO ALL THE TERMS AND CONDITIONS IN THIS END USER LICENSE AGREEMENT (“AGREEMENT”). THIS AGREEMENT BETWEEN YOU AND MY VISION RESEARCH ALSO APPLIES TO ANY UPDATES AND ADD-ON COMPONENTS TO THE SOFTWARE SERVICE. IT IS THE RESPONSIBILITY OF THE LICENSED ORGANIZATION TO ENSURE THAT ALL INDIVIDUALS IN THE LICENSED ORGANIZATION WHO ACCESS THIS SOFTWARE SERVICE ARE AWARE OF THE DETAILS CONTAINED IN THIS AGREEMENT.

ACCEPTANCE

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND ACCESSIING THE SOFTWARE SERVICE. YOU ACCEPT ALL TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT PROCEED WITH PAYMENT FOR AND USE OF THE SOFTWARE SERVICE.

LICENSE GRANT

THIS AGREEMENT ENTITLES YOU TO USE THE NON-EXCLUSIVE, NON-TRANSFERABLE SOFTWARE SERVICE FOR THIS CALENDAR YEAR (2017). THIS AGREEMENT PERMITS THE USE OF THE SOFTWARE SERVICE BY EMPLOYEES OF THE LICENSED ORGANIZATION THAT IS LISTED AT THE TIME OF THE PAYMENT, IF THIS INFORMATION (NAME OF LICENSED ORGANIZATION) IS PROVIDED AT THE TIME OF PAYMENT. IF SUCH A LICENSED ORGANIZATION IS NOT LISTED, THIS LICENSE IS GRANTED TO THE INDIVIDUAL WHO MAKES THE PAYMENT AND THE ACCESS CANNOT BE SHARED WITH OTHERS.

CURRENTLY, THE DATABASE FOR THE SOFTWARE SERVICE USES ARTICLES’ AUTHOR(S), AFFILIATION(S) AND ARTICLE BIBLIOGRAPHIC CITATION DATA IN THE LISTED JOURNALS FROM 1990 TO 2016 OR SINCE THE JOURNAL EXISTED, WHICHEVER IS LATER. THIS LICENSE GRANT FOR THE CALENDAR YEAR 2017 ALLOWS YOU ACCESS TO SEARCH FOR RANKINGS FROM THE SET OF EIGHT JOURNALS LISTED ON THE SOFTWARE SERVICE WEBSITE FROM YEARS 1990 TO 2016. NO DATA RELATED TO 2017 WILL BE AVAILABLE UNDER THIS LICENSE.

MONITORING OF ACTIVITIES

BY USING THE SOFTWARE SERVICE, YOU UNDERSTAND THAT MVR, THROUGH ITS HOSTING SERVICE PROVIDER, WILL MONITOR ALL ACTIVITES ON THE SOFTWARE SERVICE. THE PURPOSES FOR THE MONITORING INCLUDE SECURITY AND GATHERING AND UNDERSTANDING USAGE PATTERNS. THE DATA COLLECTED INCLUDES, BUT IS NOT LIMITED TO, TYPES OF QUERIES, DURATION OF LOGIN, IP ADDRESSES. WE MAY THEN USE THESE AND ANY OTHER DATA THAT ARE GATHERED TO WRITE ACADEMIC OR TRADE PRESS ARTICLES.

RESTRICTIONS ON TRANSFER

YOU MAY NOT ASSIGN YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT, OR REDISTRIBUTE, ENCUMBER, SELL, RENT, LEASE, SUBLICENSE, OR OTHERWISE TRANSFER YOUR RIGHTS TO THE SOFTWARE SERVICE TO ANYONE. EACH INDIVIDUAL USER IS EXPECTED TO REGISTER.

RESTRICTIONS ON USE

YOU MAY NOT MAKE COPIES OF THE DATABASE. YOU MAY NOT DECOMPILE, “REVERSE-ENGINEER,” DISASSEMBLE, OR OTHERWISE ATTEMPT TO DERIVE THE SOURCE CODE FOR THE SOFTWARE SERVICE. YOU MAY NOT POST, PUBLISH OR DISPLAY ANY FULL OR PARTIAL RANKINGS LIST EXCEPTING THE POSITION (RANK) ON ANY RANKINGS LIST OF SCHOLARS IN THE LICENSED ORGANIZATION OR THE POSITION (RANK) OF THE LICENSED ORGANIZATION ON ANY OF THE RANKING LISTS. ILLUSTRATIONS OF AT MOST FIVE ORGANIZATIONS (E.G., UNIVERSITIES) RANKED ABOVE OR BELOW THE LICENSED ORGANIZATION ARE PERMITTED. ILLUSTRATIONS OF AT MOST FIVE SCHOLARS RANKED ABOVE OR BELOW AN INDIVIDUAL IN THE LICENSED ORGANIZATION ARE PERMITTED.

YOU MUST CITE THE SOURCE OF THE RANKINGS APPROPRIATELY, AS NOTED IN THE “FREQUENTLY ASKED QUESTIONS” OF THE SOFTWARE SERVICE.

ONE EXCEPTION TO THE RESTRICTIONS ON THE USE ONLY RELATED TO A LICENSED ORGANIZATION OR ITS EMPLOYEES IS THE USE BY EMPLOYEES IN A LICENSED ORGANIZATION TO COMMENT ON THE RANKING OF AN INDIVIDUAL (OUTSIDE THE LICENSED ORGANIZATION) OR A UNIVERSITY (OTHER THAN THE LICENSED ORGANIZATION) IN LETTERS WRITTEN FOR PURPOSES OF PROMOTION AND/OR TENURE OR OTHER REFERENCE LETTERS. IT IS OTHERWISE STRICTLY PROHIBITED TO PROVIDE THE RANKINGS INFORMATION TO OTHERS OUTSIDE THE LICENSED ORGANIZATION.

NO DISTRIBUTION OF THE USER ID AND PASSWORD TO ANYONE IS PERMITTED.

YOU MAY NOT USE THE DATABASE PORTION OF THE SOFTWARE SERVICE IN CONNECTION WITH ANY SOFTWARE OTHER THAN THE SOFTWARE SERVICE.

RESTRICTIONS ON ALTERATION

YOU MAY NOT MODIFY THE SOFTWARE SERVICE OR CREATE ANY DERIVATIVE WORK OF THE SOFTWARE SERVICE OR ITS ACCOMPANYING DOCUMENTATION. DERIVATIVE WORKS INCLUDE BUT ARE NOT LIMITED TO TRANSLATIONS OR PUBLICATIONS OF ANY SORT, INCLUDING PUBLICATIONS IN ACADEMIC JOURNALS. YOU MAY NOT ALTER ANY FILES OR LIBRARIES IN ANY PORTION OF THE SOFTWARE SERVICE. YOU MAY NOT REPRODUCE THE DATABASE PORTION OR CREATE ANY TABLES OR REPORTS RELATING TO THE DATABASE PORTION.

RESTRICTIONS ON COPYING

YOU MAY NOT COPY ANY PART OF THE SOFTWARE SERVICE EXCEPT TO THE EXTENT THAT LICENSED USE INHERENTLY DEMANDS THE CREATION OF A TEMPORARY COPY STORED IN COMPUTER MEMORY AND NOT PERMANENTLY AFFIXED ON STORAGE MEDIUM.

IDENTIFICATION AS A CLIENT

BY BUYING THIS LICENSE, YOU AGREE TO BE IDENTIFIED BY MVR AS A CLIENT. WE MAY USE THE NAME OF THE LICENSED INDIVIDUAL AND HIS/HER ORGANIZATION OR AFFILIATION WHEN WE LIST OUR CLIENTS ON OUR WEBSITE OR OTHER PUBLISHED AND ONLINE PROMOTIONAL MATERIALS. WE MAY USE THE NAME OF THE LICENSED INDIVIDUAL OR ORGANIZATION AS A REPRESENTATIVE EXAMPLE OF OUR CLIENTS.

LIMITED SOFTWARE SERVICE WARRANTY

DURING THE CALENDAR YEAR (2017), MVR WARRANTS THAT WHEN PROPERLY USED UNDER NORMAL CONDITIONS USING AN APPROPRIATE BROWSER, THE SOFTWARE SERVICE WILL PERFORM SUBSTANTIALLY AS ADVERTISED.

MVR WILL MAKE A GOOD FAITH EFFORT TO ENSURE THAT THE DATA USED IN THE RANKINGS ARE ACCURATE IN EVERY WAY. HOWEVER, FROM TIME TO TIME, ERRORS MAY OCCUR. IF YOU FIND AN ERROR, PLEASE REPORT THEM TO MVR WITH SUFFICIENT CORROBORATING EVIDENCE AND SUFFICIENT INFORMATION TO REMEDY THE ERROR. ONCE SUCH INFORMATION HAS BEEN RECEIVED AND REVIEWED BY MVR TO ITS SATISFACTION, WE WILL MAKE EVERY EFFORT TO CORRECT THE ERRORS, TYPICALLY WITHIN 4 WEEKS, ALTHOUGH IT MAY TAKE LONGER. HOWEVER, NO GUARANTEES OF DATA ACCURACY OR CORRECTIONS BEING EFFECTED ARE BEING MADE BY MVR. CONSEQUENTLY, RANKINGS FOR ORGANIZATIONS AND INDIVIDUALS MAY CHANGE.

MVR WILL MAKE AN EFFORT TO MAKE THE SOFTWARE SERVICE AVAILABLE AT ALL TIMES. HOWEVER, FROM TIME TO TIME, IT WILL BE NECESSARY TO TAKE THE SOFTWARE SERVICE OFFLINE FOR VARIOUS MAINTENANCE PURPOSES, INCLUDING DOWN TIME SCHEDULED BY THE ORGANIZATION THAT HOSTS THE SOFTWARE SERVICE WEBSITE.

SUPPORT

SUPPORT IS AVAILABLE ONLY VIA EMAIL. PLEASE USE THE CONTACT EMAIL ADDRESS PROVIDED ON THE WEBSITE OF THE SOFTWARE SERVICE.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SOFTWARE SERVICE AND ANY DOCUMENTATION IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. MVR EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. THE ENTIRE RISK COMING FROM USING THE SOFTWARE SERVICE AND ANY DECISIONS MADE CONSEQUENT TO INFORMATION CONTAINED OR DERIVED FROM THE SOFTWARE SERVICE REMAINS WITH YOU (INDIVIDUAL OR ORGANIZATION).

MVR MAKES NO WARRANTY THAT THE SOFTWARE SERVICE WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. MVR MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE SERVICE WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE SERVICE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE SERVICE TO MEET YOUR REQUIREMENTS. MVR WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL MVR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS OR OTHER DECISIONS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE SERVICE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF MVR OR ANY OTHER PARTY, EVEN IF MVR IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS MVR’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

MVR IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SOFTWARE SERVICE.

LIMITATION OF REMEDIES AND DAMAGES

YOUR REMEDY FOR A BREACH OF THIS AGREEMENT OR OF ANY WARRANTY INCLUDED IN THIS AGREEMENT IS MVR’S EFFORTS TO CORRECT THE DATA SUPPORTING THE SOFTWARE SERVICE. THE TYPICAL TIMEFRAME FOR DATA CORRECTION IS 4 WEEKS, ALTHOUGH OCCASIONALLY IT COULD TAKE MORE TIME. HOWEVER, NO GUARANTEES OF DATA ACCURACY OR CORRECTIONS BEING EFFECTED ARE BEING MADE BY MVR. THE DECISION OF WHETHER TO CORRECT THE DATA SHALL BE SOLELY AT THE DISCRETION OF MVR AND WILL BE BASED ON SUFFICIENT EVIDENCE BEING PROVIDED TO MVR ABOUT THE CORRECT INFORMATION INCLUDING BUT NOT LIMITED TO THE PDF OF THE ARTICLE ABOUT WHICH THE ERROR IS IDENTIFIED.

YOU AGREE TO INDEMNIFY AND HOLD MVR HARMLESS FROM ALL CLAIMS, JUDGMENTS, LIABILITIES, EXPENSES, OR COSTS ARISING FROM YOUR BREACH OF THIS AGREEMENT AND/OR ACTS OR OMISSIONS.

TERMINATION

A VIOLATION OF ANY OF THE TERMS OF THE AGREEMENT IMMEDIATELY VOIDS THE ACCESS OF THE LICENSED INDIVIDUAL OR ORGANIZATION, PROHIBITS THE LICENSED INDIVIDUAL OR ORGANIZATION OR ITS EMPLOYEES FROM USING THE RANKINGS OBTAINED FROM THE SOFTWARE SERVICE, AND WILL BE SUBJECT TO OTHER PENALTIES AND LEGAL REMEDIES.

GOVERNING LAW, JURISDICTION AND COSTS

THIS AGREEMENT IS GOVERNED BY THE LAWS OF FLORIDA, WITHOUT REGARD TO FLORIDA’S CONFLICT OR CHOICE OF LAW PROVISIONS.

SEVERABILITY

IF ANY PROVISION OF THIS AGREEMENT SHALL BE HELD TO BE INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. TO THE EXTENT ANY EXPRESS OR IMPLIED RESTRICTIONS ARE NOT PERMITTED BY APPLICABLE LAWS, THESE EXPRESS OR IMPLIED RESTRICTIONS SHALL REMAIN IN FORCE AND EFFECT TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAWS.