Cataloger's Desktop on the Web
Terms and Conditions
These Terms and Conditions, effective as of the date the
Subscriber has received access to the Service after having paid the
fee, are agreed to between the Library of Congress, Cataloging
Distribution Service ("Publisher"), of 101 Independence Avenue,
S.E., Washington, DC 20541 USA, and ________________________
("Subscriber"), with a primary business address of
- Publisher: Library of Congress, Cataloging Distribution Service.
- Subscriber: Licensee of the Service.
- Service: Cataloger's Desktop, a
product providing World Wide Web access to cataloging
documentation from the Library of Congress and other
institutions. The Service also includes such additional
features, including but not limited to enhanced functionality,
software upgrades, and new data files, as may be added to
Cataloger's Desktop during the term of the
Subscription. Certain functionality, upgrades, and enhancements
may be subject to additional conditions prescribed by Publisher
beyond those contained in these Terms and Conditions; in that
event, Subscriber will have the option either to elect access to
such additional features subject to such additional conditions,
or to decline access to such additional features.
- Subscription: Access of the Subscriber to
the Service for a renewable twelve-month period, beginning on
the date on which the Subscriber receives user name and password
access and/or IP address access from the Publisher.
- Server: The server, either the Publisher's
server or a third party server designated by the Publisher, on
which the Service is mounted and may be accessed.
- Authorized User: Users who are permitted to
access the Service pursuant to the Subscription, within the
limitations applicable to the subscription type and site.
- Solo User: The Authorized User under a
Subscription permitting access to the Service by one individual.
Access is by user name and password from any location where the
user has Web access.
- Concurrent User: Authorized Users under a
Subscription permitting access to the Service by a designated
number of users who may access the Service at the same time
using Subscriber user name and password.
- Subscriber's Site:
Public Library Site: is defined by
geographic/service area and is limited to a single main library
and its branches (i.e.,
libraries under a single director/board of trustees). Authorized Users
are limited to current library staff and library patrons accessing
the Service while in the library or by Remote Access.
Academic Library Site: is limited by
geographic site and Authorized Users. Each geographically
distinct campus shall be treated as a separate site for purposes
of the Service. Adjunct facilities to a campus may be considered
part of an Academic Library Site if they are under a single
integral institution with one billing address and are part of a
single student admissions program. An Academic Library Site does
not include a consortium of libraries, multi-campus
institutions, shared local systems, statewide networks, or
secondary relationships with shared facilities. Authorized Users
at academic institutions are limited to current faculty and
staff, currently enrolled students, and authorized patrons of
the Subscriber's library, who are primarily affiliated with the
licensed campus. On-site and Remote Access are permitted.
Special Library Site: is limited to a single
corporate or other special library (e.g., a law firm
library). A separate subscription is required for each
geographically distinct operational entity. Authorized Users are
limited to current employees or patrons who are served by the
Special Library. On-site and Remote Access are permitted.
- Remote Access: Off-site access requiring
the Authorized User to first log on to the library system's
local computer using a current authorized library card or other
library-controlled authorization before accessing the Service.
- Fee: The fee for the Service set forth in
Publisher's then-current fee schedule.
- Usage Rights
- The Publisher grants to the Subscriber the non-exclusive and
non-transferable right for its Authorized Users to access the
Service via the Server, upon payment of the Fee and subject to
these Terms and Conditions. Access rights consist of the right
of Authorized Users to view, retrieve, display, and store notes
with respect to, the Service's content, as part of routine work
activities such as cataloging and classification. Access rights
do not include the right to redistribute all or any part of the
Service content to third parties except as specifically
permitted in these Terms and Conditions.
- A Subscription for a Solo User may be used by any one person
at any one time, without regard to that person's identity. A
Subscription purchasing a right of access for Concurrent Users
permits use of the Service by a particular number of individuals
at any one time without regard to their identities.
- Subscriber and Authorized Users acquire no ownership rights
to any data or portions thereof provided via the Subscription;
to the proprietary software underlying the Service; or to
documentation provided to access the Service.
- During any 24-hour period, Subscriber may print up to twenty
(20) screens of Service content per Solo User, or twenty (20)
screens of Service content multiplied by the number of
Concurrent Users, as applicable.
- Prohibited Uses - Subscriber and Authorized
Users may not:
- Print Service content except as authorized in these Terms
- Make local electronic copies of all or any part of Service
content beyond what is required for normal functioning of Web
browser software and simple copying-and-pasting of up to ten
(10) consecutive lines of text at a time and not exceeding a
total of three hundred (300) lines of text per day, per Solo
User or per the number of Concurrent Users, as applicable.
- Use all or any part of Service content for any commercial
use, except as permitted by Section II.A.
- Distribute all or any part of Service content to anyone
other than the Subscriber's Authorized Users.
- In any way modify, reverse engineer or create derivative
works from Service content, or the software used in this site,
which is provided under a license agreement between FAST Search
and Transfer and the Publisher.
- Permit access to the Service by persons who are not
- Engage in activity that may burden Publisher's server(s),
such as computer programs that automatically download content,
commonly known as web robots, spiders, crawlers, wanderers or
- Utilize any mechanism which would enable the number of
Authorized Users concurrently accessing the service via the
Subscription to exceed the number of paid concurrent logons.
- Publisher Undertakings
- Publisher will exert reasonable efforts to provide the
Service in accordance with then-current published product
descriptions, and will periodically update Service content.
- Publisher will use reasonable efforts to provide continuous
availability of the Service subject to periodic unavailability
due to maintenance of the Publisher's server(s), the
installation or testing of software, the loading of data, and
downtime related to equipment or services outside of the
- Subscriber Undertakings
- Subscriber will notify Publisher of nonconformities between
the Service and product descriptions, and of any errors or
inaccuracies in the Service content of which Subscriber becomes
- Subscriber is responsible for all security for and all use
of the Service initiated by persons using Subscriber's user
names and passwords.
- Subscriber will use reasonable efforts to notify Authorized
Users of these Terms and Conditions and will take steps to
protect the Service from unauthorized use of the Service or
other breach of these Terms and Conditions.
- Subscriber will issue passwords and user names and other
access information only to Authorized Users and will use
reasonable efforts to ensure that Authorized Users do not
divulge their passwords, user names, or other access information
to any third party.
- Subscriber will use reasonable efforts to monitor compliance
with these Terms and Conditions and immediately upon becoming
aware of any unauthorized use of the Service or other breach of
these Terms and Conditions, or of lost or stolen user names and
passwords, inform Publisher and take all reasonable and
appropriate steps, including disciplinary action, both to ensure
that the activity ceases and to prevent any recurrence.
- When using the Service outside the United States, Subscriber
shall be the exporter and importer of record of the Service by
electronic means or otherwise, and is responsible for
determining and complying with all applicable United States and
foreign export and import, procurement data and technology
transfer laws, rules, regulations, customs, tariffs, duties, and
- Legal Notices including information about
security, and copyright are located at http://www.loc.gov/cds/desktop/LegalNotices.html
- While the Publisher and its suppliers and licensors have
attempted to minimize inaccuracies and defects in the data and
services furnished, the data and services are provided AS IS.
THE PUBLISHER, ITS SUPPLIERS AND/OR LICENSORS MAKE NO EXPRESS
WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A
- Subscriber acknowledges that the Internet is an unsecured,
unstable, unregulated disorganized and unreliable
environment, and that the ability of Publisher to deliver the
on-line services may be dependent upon the Internet and
equipment, software, systems, data and services provided by
various telecommunications carriers, equipment manufacturers,
firewall providers and encryption system developers and other
vendors and third parties. Neither party shall be liable for or
have the right to terminate the Subscription as a result of any
delays or failures to perform any of its obligations hereunder
to the extent that such delays or failures are due to
circumstances beyond its reasonable control, including acts of
God, strikes riots, acts of war, power failures, functions or
malfunctions of the Internet, telecommunications services,
firewalls, encryption systems and security devices, or
governmental regulations imposed after the date that the
Subscription was purchased.
- Publisher, its suppliers and/or licensors shall not be
liable for any loss or damage (including special, exemplary,
incidental or consequential damages), lost profits, loss of
business, loss of or damage to data, downtime or unavailability,
resulting from or in connection with the use or inability to use
the Service. Subscriber hereby acknowledges that use of the
Service is at Subscriber's sole risk.
- Publisher further makes no warranties respecting any harm
that may be caused by the transmission of a computer virus,
worm, time bomb, logic bomb or other such computer program.
- Term and Termination
- Subscriptions will be offered on an annual basis to commence
when Subscriber has paid the Fee and received access to the
Service from Publisher and terminating one year after the date
that such access is granted. Beginning three months before the
conclusion of the Service period, Subscriber will receive
bi-weekly emails informing Subscriber of the termination of the
service. If not renewed, the Service will be terminated at the
end of the Service period. If renewed within sixty (60) days of
the conclusion of the Service period, the Subscription will be
reactivated, subject to these Terms and Conditions.
- The Subscription may be terminated if Subscriber commits a
material breach of these Terms and Conditions. All "Prohibited
Uses" listed in Section III of these Terms and Conditions shall
be considered material breaches.
- In the event that either party believes the other has
materially breached any obligations under these Terms and
Conditions, the non-breaching party shall so notify the
breaching party in writing. That party shall have thirty (30)
days from receipt of this notice to cure the alleged breach and
to notify the non-breaching party in writing that cure has been
effected. If the breach is not cured within the thirty (30) day
period, the non-breaching party shall have the right to
terminate the Subscription without further notice.
- Notwithstanding Section VIII(C), above, in the event that
Publisher reasonably believes that Subscriber has materially
breached its obligation not to download or print Service
content, except as authorized by these Terms and Conditions,
Publisher shall have the right to immediately suspend or
terminate the Service. Publisher may, in its sole discretion,
upon notice to Subscriber, permit Subscriber thirty (30) days in
which to negotiate for resumption of access to the Service.
- Notwithstanding anything in these terms to the contrary, the
Publisher reserves the right to terminate the Subscription at
any time. In that case and unless otherwise provided under these
Terms and Conditions, the Publisher shall promptly refund to the
Subscriber on a prorated basis fees previously paid by the
Subscriber to the Publisher with respect to the unexpired
portion of the Subscription term.
- Publisher reserves the right to remove or purge Subscriber's
data stored with the Service more than ninety (90) days beyond
the date of termination of the Subscription.
- Notices Any notices to be served on either of
the parties by the other shall be sent by certified mail, postage
prepaid, and by facsimile. All such notices shall be deemed to
have been received within seven (7) days of posting/transmission
by facsimile. Publisher's address for notice: Attn: Chief of CDS,
Cataloging Distribution Service, Library of Congress, Washington,
DC 20541-4912 USA. Fax: (202) 707-1771.
- Entire Agreement These Terms and Conditions
constitutes the entire agreement of the parties and supersede all
prior communications, understandings and agreements relating to
the subject matter of these Terms and Conditions, whether oral or