1. Use of the Athens Account

1.1 As a condition of Eduserv Technologies Limited permitting you to use your Athens Account, you agree as follows:

1.1.1 to promptly provide your Athens Administrator with such information (including personal information) as they may request for the purposes of creating and maintaining your Athens Account and to ensure that such information is true and accurate and up to date in all respects at the time it is provided and for the duration of your Athens Account;

1.1.2 to keep the username and password required to operate your Athens Account confidential at all times and not permit any third party to use the same for any purpose whatsoever;

1.1.3 to use the Account solely for the purpose for which it was issued by your Organisation.

1.2 We may suspend, restrict, impose conditions of use to or cancel your Athens Account without notice, for any reason whatsoever, including as a result of you breaching the terms and conditions of use of any Resource, using your Athens Account to attempt to access on-line resources or purchase goods or services online which you are not entitled to access or purchase or the breach by you of these conditions.

1.3 We provide no warranty or assurance that you will be granted access to any particular Resource or be permitted to purchase goods or services using your Athens Account, whether or not you are entitled to access that Resource or purchase those goods or services . We will however look into any complaint that we receive concerning any Data Service Provider or Supplier that uses Athens authentication and take what we consider to be the appropriate action.

  

2. Intellectual Property

2.1 All Intellectual Property Rights in the Licensed Materials and the software, design, text,
logos, graphics and other material on or used in conjunction with our site and the selection and arrangement thereof is the property of ETL. Any and all Intellectual Property Rights created, developed or arising directly or indirectly out of the performance of the Services including without limit those created as a result of any amendment or upgrade to Athens or subsisting in any materials provided by us in the performance of the Services shall vest in us and remain at all times our property. You do not own, nor will you acquire, any interest in the Intellectual Property Rights in the Licensed Materials or the Services, whether under these terms and conditions or
otherwise.

2.2 We grant to you a non-exclusive, non transferable licence to use your Athens Account solely for the purposes of using Athens to authenticate to Data Service Providers and Suppliers that you are entitled to access a Resource provided by them or purchase goods or services sold by them (as the case may be).

  

3. Our Liability

3.1 Your Athens Account has been created pursuant to our obligations to your Organisation or other third parties for the provision of certain services relating to Athens. We do not charge you for the provision of the Services and, save for the provisions of these terms and conditions, have no contractual relationship with you in relation thereto, nor do we owe you any duty of care in connection with the use of your Athens Account.

3.2 We exclude all warranties whatsoever to the fullest extent permitted by law in relation to the operation of Athens and your Athens Account and the provision of the Services. For the avoidance of doubt we provide no warranty that the Services will be uninterrupted or error free.

3.3 In view of the nature of our relationship described in clause 3.1, we are unable to accept and hereby exclude any and all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you relating to or in connection with the provision of the Services or your use of our site including without limit liability as a result of the unavailability of Athens or your Athens Account, any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site, or any misrepresentation on or relating to our site (other than a fraudulent misrepresentation made by us or on our behalf).

3.4 We do not accept any liability in connection with the operation of any Resource or Supplier’s web-site which you may access using your Athens Account, nor in respect of any goods or services purchased from a Supplier. Your rights and obligations in relation to the operation of the relevant Resource or web-site, or goods and services purchased shall be governed by the terms and conditions (including any licence conditions) of the Data Service Provider or Supplier from time to time.

3.5 None of the exclusions or limitations in these conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, seek to exclude liability for any fraudulent misrepresentation made by us or shall affect any statutory rights which are not capable of being excluded.

  

4. Changes to these conditions

We reserve the right at any time without notice to revise these conditions. Any changes to these
conditions will be notified to you in a manner determined by us and be posted on our site and
by continuing to use your Athens Account and/or our site following any such notification you will
signify that you agree to be bound by the revised terms and conditions of use.

  

5. Personal Data

You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our Privacy Policy.

6. General
6.1 You may not assign or otherwise dispose of any rights you may have (if any) under
these terms and conditions.

6.2 These terms and conditions (and any dispute, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.

  

7. Terms used in the conditions

In these conditions the following words and phrases shall have the following meanings:

• “Athens” means the access management system developed and owned by Eduserv
  (and licensed to ETL) for controlling access to web based subscription services and
  Supplier sites;
• “Athens Account” means the user account allocated to you for the purposes of enabling
  you to use Athens to access Resources and/or purchase goods and services from
  Suppliers in accordance with these terms and conditions;
• “Athens Administrator” means the person appointed from time to time by your
  Organisation to administer Athens Accounts;
• “Data Service Provider” means the person, firm or organisation that has agreed with
  your Organisation to provide access to a Resource;
• “Eduserv” means Eduserv a company limited by guarantee under number 03763109,
  whose registered office is at Queen Anne House, 11 Charlotte Street, Bath, BA1 2NE;
• “ETL”, “our”, “we” and “us” means Eduserv Technologies Limited (No. 4256630) whose
  registered office is at Queen Anne House, 11 Charlotte Street, Bath, BA1 2NE;
• “Intellectual Property Rights” means copyright, moral rights, patents, trademarks, trade
  names, service marks, design rights, database rights, rights in undisclosed or
  confidential information (including, without limit, know-how, trade secrets and inventions
  whether patentable or not) and other similar intellectual property rights and other rights
  in the nature of intellectual property (whether or not registered or registrable) and all
  applications for the same anywhere in the world;
• “Licensed Materials” means Athens and the user and product documentation published
  by ETL relating thereto from time to time;
• “Organisation” means the institution, organisation, company, firm or other entity of which
  you are an officer, employee, student or otherwise affiliated or connected to which has
  procured access to a Resource on your behalf and authorised you to access that
  Resource pursuant to its arrangements with the Data Service Provider and/or permitted
  you to use your Athens Account to purchase goods and/or services from a Supplier;
• “our site” means our presence on the Internet;
• “Resource” means an online resource which is registered with ETL to use Athens
  authentication and which your Organisation has procured access to on your behalf;

Help

If you have problems understanding or complying with the terms and conditions for Athens account holders please contact the information desk in the main library at Swansea University.

Tel: 01792 295697 or e.mail: library@swansea.ac.uk