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Sweet & Maxwell may wish to contact you by e-mail in future with other relevant information on our services. If you wish to receive this information, please tick this box.

Sweet & Maxwell's Email Alert Service Terms of Use ("Agreement")

1. Definitions

"Affiliates" means entities that control, are controlled by or are under common control with Supplier.
"Journal" means Supplier's "European Law Review"
"Organisation" means a Chambers, Firm, Company, Public or Academic Body as the case may be by which Subscriber is employed, engaged (or a partner of).
"Service" means an email alert service ("Email Alert") marketed under the name "European Law Review Email Alert" which provides a summary of forthcoming items in the Journal provided to Subscriber at such times as Supplier shall determine and subject to the terms of this Agreement.
"Subscriber" means any person that subscribes to the Service.
"Supplier" means Sweet & Maxwell Limited (Registered No. 28096) whose registered office is 100 Avenue Road, London NW3 3PF.
"Work Product" means Subscriber's own documents, memoranda, advices, briefs, newsletters and other materials whether in print or in electronic form created by Subscriber in the regular course of Subscriber's practice/business.

2. The Licence/Term of the Agreement

2.1 Supplier shall supply to Subscriber the Service for the term of the Agreement and hereby grants to Subscriber a non-exclusive, non-transferable licence to use material comprised in the Service ("Material") on the terms of this Agreement.

2.2 Supplier may, in its sole discretion, and without notice to Subscriber:
(a)	terminate this Agreement;
(b)	discontinue the Service (or part thereof); or 
(c)	terminate Subscriber's access to and use of all or any part of the Service.
 where reasonably practical, Supplier will give Subscriber notice of any such termination or discontinuance as the case may be.

2.3 Subscriber may at anytime unsubscribe to the Service by sending an email to the email address set out at the foot of each Email Alert including the words "unsubscribe" in the heading to the email.

2.4 If this Agreement is terminated (howsoever arising) and Subscriber has retained (in any form) any Material pursuant to the terms of this Agreement, such material shall be continue to be held and used, without limit in time, subject to the terms and conditions of this Agreement as if the Agreement was still subsisting.

3. Permitted Use

3.1 In respect of the Material, Subscriber may:
(a)	display the Material on his/her computer;
(b)	print the Material for his/hers own use;
(c)	circulate the Material (in print or electronic form) to other members of the Organisation (but not to anyone outside the Organisation);
(d)	display Material as a current awareness service on the Organisation's internal network or intranet but not on any server, extranet, or the Internet, to which non-members of the Organisation have access; and
(e)	quote insubstantial parts of the Material appropriately cited and credited to Supplier in Subscriber's own Work Product and supply such Work Product to Subscriber's clients and customers.

3.2 For the avoidance of doubt this Agreement does not permit the long term storage of the Material whether stored in a database or otherwise and specifically the right to display the Material as granted in clause 3.1(d) shall only be for short term for current awareness.

3.2 Subscriber undertakes to use reasonable endeavours to keep any Material secure, to ensure that neither the Service nor any Material shall be accessed or used by third parties and to prevent any third party duplicating or otherwise reproducing in whole or in part Material other than for the exercise of the rights granted by this Agreement.

4. Restrictions

4.1 Except as expressly permitted by this Agreement, or with Supplier's prior written permission, Subscriber may not, nor allow any third party to:
(a)	copy, download, store, publish, transmit, transfer, sell or otherwise use the Material or any part of the Material in any form or by any means;  
(b)	re-use or interfere in any way with the Material or any part of the Material;  
(c)	modify or make any alterations, additions or amendments to the Material; 
(d)	combine the whole or any part of the Material with any other software or material;  
(e)	create derivative works from the whole or part of the Material; or
(f)	sell, licence, distribute or use all or any part of the Material in providing any information or updating service to anyone.

5. Rights

5.1 Except for the licence granted in this Agreement, all rights in Material throughout the world, including all copyrights, are and will continue to be the property of Supplier or its licensors.

5.2 Crown Copyright material (if any) is reproduced with the permission of the Controller of Her Majesty's Stationery Office and the Queen's Printer for Scotland.

5.3 Subscriber shall not do or omit to do or authorise any other person to do or omit to do any act which or might be in breach of or inconsistent with any intellectual property right of Supplier.

5.4 Subscriber shall not delete erase remove deface or cover any trademark, trade names, numbers, copyright or other proprietary notices, guarantee, designation of origin, means of identification, disclaimer or other statement used in connection with any Material, nor authorise another person to do so.

5.5 Subscriber shall promptly inform Supplier if Subscriber becomes aware of:
(a) any unauthorised use of the Material; 
(b) any actual, threatened, or suspected infringement of any intellectual property right of Supplier in the Material which comes to Subscriber's notice; or 
(c) any claim by any third party coming to its notice that the Material infringes the intellectual property or other rights of that or any other person.

5.6 Subscriber shall at the request and expense of Supplier do all such things as may be reasonably required to assist Supplier in taking or resisting proceedings in relation to any infringement or claim referred to in this clause and in maintaining the validity and enforceability of the intellectual property rights of Supplier in the Material.

6. Disclaimer of Warranties and Limitation of Liability

6.1 Warranty

Supplier warrants to Subscriber that the Material does not infringe any industrial or intellectual property rights of any third party and that it holds itself the necessary rights to grants the rights specified in this Agreement and that it has authority to enter into this Agreement with Subscriber.

6.2 Exclusion and limitation of liability

6.2.1 Except as specifically provided in this Agreement, the Service is provided "AS IS" without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currency and delays. Supplier specifically draws Subscribers attention to the fact that that the Service constitutes editorial selection and summary of information from forthcoming issues of the Journal and does not warrant that all items of information are included in the Service.

6.2.2 Supplier shall not be liable to Subscriber for any loss, costs, expenses, damages or liabilities suffered or incurred by Subscriber arising from or in connection with this Agreement and/or the Service and/or the Material whether based in contract or negligence and Subscriber's sole and exclusive remedy if dissatisfied with the Service (or the Material supplied by the Service) is to unsubscribe to the Service.

6.2.3 Further, neither Supplier nor its Affiliates shall be liable in contract, tort, delict or otherwise for any loss of whatsoever kind arising under or in connection with this Agreement or use of the Service, or the Material (in whole or in part) including without limitation:
(a)	any loss of revenue, business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss whatsoever, howsoever arising in connection with this Agreement or the Service or the Material (whether or not caused by the negligence of Supplier);
(b)	any loss arising from any claim in relation to Subscriber's inability or failure to perform legal or other research related work or to perform such legal or other research or related work properly or completely, even if assisted by Supplier and/or its Affiliates;
(c)	any loss arising from any decision made or action taken by Subscriber in reliance on the Service or the Material; or
(d)	any lost profits or other consequential exemplary incidental, indirect or special damages relating in whole or in part to Subscribers' rights under this Agreement or use of or inability to use the Service or the Material even if Suppliers and/or its Affiliates have been advised of the possibility of such damages.

6.2.4 Supplier will have no liability whatsoever for any liability of Subscriber to any third party which might arise resulting from this Agreement or the use of (or inability to use) the Service or Material.

6.2.5 None of the terms of this Agreement shall operate to:
(i) exclude or restrict liability for death or personal injury resulting from negligence; or
(ii) affect statutory rights where this Agreement is a consumer transaction.

6.2.6 No claim which in any way arises out of this Agreement or the use of, or inability to use the Service and/or Material may be made, nor action based upon such claim brought, by either party to this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.
 
7. Force Majeure

Supplier's performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control including but not limited to acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labour dispute, inability to obtain essential supplies.

8. Miscellaneous, Notices, and General Provisions

8.1 Supplier may change the terms of this Agreement at any time and such changes will be effective immediately.  The most up to date version of this Agreement will be posted to the url: http://elr.thealerter.co.uk

8.2 Failure to enforce any provision of this Agreement will not constitute a waiver of such provision or of the right to enforce such provision.

8.3 Except as otherwise provided, all notices must be given in writing to Supplier at 100 Avenue Road, London NW3 3PF and to Subscriber at the email address provided by Subscriber when Subscriber subscribed to the Service.

8.4 This Agreement and all matters arising out of it shall in all respects be governed by the laws of England and Wales.

8.5 Nothing in this Agreement shall create a partnership or agency relationship between Supplier and Subscriber.

8.6 Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by Subscriber without Supplier's prior written consent.

8.7 Supplier may without prior written consent of Subscriber assign any benefit or transfer, delegate or sub-contract any of their duties and obligations under this Agreement to any Affiliate.

8.8 Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby.

8.9 Nothing in this Agreement confers or purports to confer on any third party any right, by virtue of the Contracts (Rights of Third Parties) Act 1999, to any benefit arising from, nor any right to enforce any term of this Agreement.

May 2004

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