NORMAN ROCKWELL MUSEUM

TERMS AND CONDITIONS OF USE OF DIGITAL ARCHIVAL COLLECTIONS

Welcome to the Norman Rockwell Museum Digital Archival Collections. The Archive makes the Norman Rockwell Museum's collection of original artwork and thousands of archival objects available in digital format for purposes of private study, scholarship and research.

Your use of the Archive is subject to your agreeing to the following terms and conditions of use. Please read the terms carefully and indicate your agreement to ALL terms by clicking on the "I Agree" box. ONCE ACCEPTED BY YOU, THESE TERMS AND CONDITIONS OF USE WILL BECOME A BINDING AGREEMENT (THE "AGREEMENT") BETWEEN YOU, THE USER ("YOU"), AND US, THE NORMAN ROCKWELL MUSEUM (THE "MUSEUM").

As used in this Agreement, the term "the Archive" means the digital, online archive of the Norman Rockwell Museum Archival Collections accessible at collection.nrm.org. The term "rights holder(s)" means any person owning any proprietary rights in materials or other information displayed in the Archive, including but not limited to copyrights and other intellectual property rights.

1.     Permitted Use of the Archive; Permissions.

     1.1.     Private Study, Scholarship and Research.     You agree that you will use the Archive only for private study, scholarship and research.

     1.2.     You are Responsible for Obtaining Necessary Permissions.     You understand that by making the Archive available for purposes of private study, scholarship and research, the Museum does not convey to you any license or permission to copy, distribute, perform or display publicly or otherwise publish any content or image displayed, or to make derivative works from such content or image. You agree that you are solely responsible for determining and securing any necessary permissions, including but not limited to copyright permissions, for your use of any such content or image, and that you are responsible for paying any associated fees. The commercial reproduction of content and images from the Archive is not permitted except with the express written permission of the appropriate rights holders.

     1.3.     Permission to Publish.     In addition to any intellectual property permissions you may obtain from the rights holders, you agree that, should you wish to include any content or image from the Archive in a publication intended for general distribution, you will complete and submit to the Chief Curator of the Museum the Permission to Publish Application form. The form is available on the Museum's website, http://www.nrm.org/pdfs/image_request_form_2010.pdf, with directions for its submission. The Museum may deny permission to publish if the Museum determines, in its sole discretion, that such use would compromise the integrity of the Archive or any collection, would violate donor requirements or any contractual obligations of the Museum, would violate the privacy of any living individual, or if the Museum already is engaged in research or publishing on the proposed theme.

2.     Unlawful Use Prohibited.

     2.1.     Defamatory or Other Tortious Use of Content.     You agree that you will not use any content or image from the Archive in any defamatory or otherwise tortious or unlawful way.

     2.2.     Unauthorized Activity.     You agree that you shall not obtain or attempt to gain unauthorized access to materials, information, other systems, or services available on or through the Archive through any means, including circumventing, reverse engineering, decrypting, or otherwise altering or interfering with the Archive or services. You further agree that you will not use the Archive in any manner that could interrupt, damage, disable, overburden or impair the Archive or interfere with any other party's use and enjoyment of the Archive.

3.     No Warranties; Limitation of Liability.

     3.1.     MUSEUM MAKES NO WARRANTIES.     THE ARCHIVE IS PROVIDED "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT. ALTHOUGH THE MUSEUM STRIVES TO OFFER A RELIABLE AND HIGH-QUALITY DIGITAL DATABASE FOR PRIVATE STUDY, SCHOLARSHIP AND RESEARCH PURPOSES, THE MUSEUM MAKES NO WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF ARCHIVE CONTENT. THE MUSEUM SHALL NOT BE OBLIGATED TO PROVIDE ANY TECHNICAL OR RESEARCH SUPPORT CONCERNING USE OF THE ARCHIVE, BUT MAY DO SO AT ITS DISCRETION. THE MUSEUM SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR USE OF THE ARCHIVE.

     3.2.     MUSEUM HAS NO LIABILITY.     IN NO EVENT SHALL THE MUSEUM OR ANY OF ITS TRUSTEES, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF, OR YOUR INABILITY TO USE, THE ARCHIVE OR ANY PART OR SERVICE OF IT.

4.     Museum and Rights Holders' Remedies.

     4.1.     Who May Sue and Where.     You agree that the Museum, the Norman Rockwell Art Collection Trust, and the rights holders in materials displayed in the archive (collectively "Parties in Interest") would be irreparably damaged if you breach any provision of this Agreement. Accordingly, any provisions of this Agreement may be specifically enforced by the Museum in the courts of Massachusetts and/or by other Parties in Interest (all of whom shall be deemed to be third party beneficiaries under this Agreement) in either the courts of Massachusetts or of the jurisdictions in which such other Parties in Interest reside.

     4.2.     Costs.     You agree that the Parties in Interest may bring an action for breach of this Agreement by you, and that if a Party in Interest prevails in any such action, the Party in Interest, as applicable, shall be entitled to recover from you any and all costs and expenses, including, without limitation, reasonable attorneys fees, incurred related to such action. You acknowledge that Parties in Interest include holders of copyrights, trademark rights, rights of access, rights of publicity/privacy and any other rights in or pertaining to the materials displayed in the archive.

     4.3.     Indemnification.     You agree to defend, indemnify and hold harmless the Museum, its Trustees, officers, employees and agents, from and against any and all claims, demands, causes of action, debts, liabilities, and costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Archive or your breach of any provision of this Agreement.

5.     Governing Law.

     This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to the conflicts of law provisions of Massachusetts or any other jurisdiction, and shall have the effect of a sealed instrument. You agree that any claim you assert against the Museum shall be heard and determined in the state courts of the Commonwealth of Massachusetts in Berkshire County or, as applicable, the United States District Court for the District of Massachusetts, Western Division. You agree not to commence any litigation relating to use of the Archive or Archive Content except in such courts, and you waive any objection to venue of any such litigation in such courts.

6.     Severability.

     If any provision of this Agreement is deemed invalid or unenforceable by any court that has jurisdiction on the issue, the balance of this Agreement shall remain in effect. If any provision of this Agreement is deemed by any such court to be unenforceable because such provision is too broad in scope, such provision shall be construed to be limited in scope to the extent necessary to make it enforceable; and if any provision is deemed inapplicable by any such court to any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances.