Binding Terms of use for Digital Reproductions

The applicant wishes to obtain one or more digital reproductions from the Ghent University Library collections (hereinafter referred to as: Reproductions) and by applying underwrites the following terms and conditions according to which Ghent University provides these reproductions:

Article 1: Copyright

1.1 The applicant is aware that works for which a reproduction is requested may still be protected by copyright.

1.2 The applicant shall adhere to the applicable copyright laws and shall only request and use the Reproductions if s/he has the permission of the copyright owners or if s/he meets the legal conditions to invoke a copyright exception.

1.3 As the Reproductions that Ghent University will deliver to the applicant are made by order of and on behalf of the applicant, this does not have any copyright implications for Ghent University.

Article 2: Disclaimer

3.1 The applicant shall fully indemnify Ghent University against any claims that third parties may make against Ghent University concerning copyright infringements (or infringements of any other intellectual property right) as a result of the applicant’s use of the reproductions.

3.2 For each reproduction, Ghent University’s liability in relation to these terms of use is in any case limited to an amount equal to the fee paid by the applicant under these conditions.

Ghent University cannot be held liable for indirect or consequential damage on the part of the applicant, including any loss of profit, loss of sales or data loss.

3.3 Neither Ghent University nor the applicant can be held liable for any delays or failure to perform the obligations in these terms of use if this delay or non-fulfilment is caused by circumstances beyond the reasonable control of the parties involved.

Article 3: Applicable law and disputes

4.1 The validity, interpretation and execution of the present terms of use are governed by Belgian law.

4.2 Any disputes concerning the conclusion, validity, execution and/or termination of these terms of use shall be settled by the court of first instance of Ghent (Ghent division).

However, before resorting to litigation, both parties involved shall negotiate in good faith to try to settle their dispute amicably.