NOTICE: WARNING CONCERNING COPYRIGHT RESTRICTIONS
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.
No Warranty by SFMOMA
SFMOMA does not hold rights or licenses to reproduce or distribute all of the original materials in its collection. Accordingly, the Materials are provided to Applicant on an “as is” basis. SFMOMA HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Applicant’s Responsibilities and Representations
Applicant is solely responsible for, and hereby represents and warrants that it shall: (i) comply with all laws which may pertain to its publication or use of the Materials, including, without limitation, the laws of libel, copyright and privacy; and (2) ascertain and obtain all necessary permissions for its use of the Materials. Applicant’s Indemnification Applicant hereby indemnifies and holds harmless SFMOMA, the SFMOMA Research Library and Archives, its affiliates, officers, employees, and agents from and against all liabilities, claims and actions arising out of Applicant’s use of the Materials or arising out of this Permission.
In those cases where the rights in certain Materials resides elsewhere and SFMOMA does not have a license to publish such Materials, permission for publication is given on behalf of SFMOMA as the owner of the physical Materials and is not intended to include or imply permission of the intellectual property rights holder.
SFMOMA does not grant exclusive publication rights. By giving permission to publish a manuscript, SFMOMA does not surrender its own right to publish it or to give others permission to publish it.
Use of the Materials hereunder by Applicant must be accompanied by a correct citation that both cites the owner of the rights in the Materials and credits the SFMOMA Archives. Additionally, Applicant must ensure that such citation conform to guidelines that SFMOMA shall provide to Applicant from time to time.
As part of the agreement to grant permission, SFMOMA requires that (and Applicant hereby covenants to provide), immediately upon publication, one copy of the publication in which the archival materials have been used be furnished at no cost to SFMOMA for use in our library and museum files.
If Applicant is using this Permission on behalf of a company, entity, or organization (collectively “Requesting Organization”), then Applicant represents and warrants that: (1) Applicant is an authorized representative of that Requesting Organization with the authority to bind such organization to the terms in this Permission and (2) Applicant agrees to be bound by the terms in this Permission on behalf of such Requesting Organization.