Terms & Conditions
1 Authorised use of Publications
1.1 The Licensee and Affiliated Users may use the Publication for the purposes of research, education and private study.
1.2 The Licensee may permit its Affiliated Users to:
1.2.1 Download, retain, store and use unlimited portions of the Publication,
1.2.2 Make use of the Publication for the purpose of display to individuals or groups in lectures, seminars, museums, galleries, reading rooms and offices on its premises,
1.2.3 Perform and engage in text mining/data mining activities in relation to the Publication for legitimate academic research and other non-commercial educational purposes without obtaining the Licensor’s prior written consent,
1.2.4 Print multiple copies of no more than 10% of the Publication as handouts to students and other participants in courses or lectures offered by the Licensee on its premises or in the case of fee-paying distance-learning students, remotely,
1.2.5 Create multiple links to the Publication or pages within it from online catalogues and subject or course related bibliographies and finding aids enabling access as clause 4.1,
1.2.6 Transmit electronically or on paper and solely for scholarly research purposes but in no case for re-sale, 5% of the Publication to individual colleagues who are not Affiliated Users,
1.2.7 Include individual images from the Publication or text transcribed from the Publication with due attribution within scholarly submissions to bona fide academic journals and academic monographs provided that the prior permission of the owner or holder of the original documents has been obtained and that the Licensor is kept notified and,
1.2.8 Make digital copies of images or associated metadata from the Publication to save them for as long as required in relation to the uses permitted in clause 4 of this Agreement.
2 Prohibited uses of the Publication
2.1 The Licensee, any Affiliated Users or any person benefiting from this Agreement to access the Publications is prohibited from engaging in any of the following except as permitted in clause 4 above:
2.1.1 Permitting anyone other than the Affiliated Users to use the Publication and the Publication shall not be distributed to any unaffiliated users or third parties,
2.1.2 Using the Publication for commercial purposes, including but not limited to the sale of the Publication or bulk reproduction or distribution of the Publication in any form,
2.1.3 Recreating or republishing the Publication or any part thereof be it in form of images or transcribed text without first obtaining the Licensor’s consent in writing,
2.1.4 Modifying the Publication in any way including and not limited to removing, obscuring or modifying any statement or mark denoting ownership of intellectual or other property rights therein such as copyright notices,
2.1.5 Reproducing, disassembling, recompiling, translating or reverse-engineering any part of the software used therein.
3 Obligations on the Licensor
3.1 In return for payment in full of the fee agreed between the parties and providing that the Licensee has returned a signed copy of this Agreement and given all necessary information to the Licensor to enable the Licensor to make the Publication available to the Licensee, the Licensor undertakes to provide the Licensee with:
3.1.1 The ability to access the Publication as permitted in clause 4 of this Agreement wherever possible via the internet seven (7) days per week and uninterrupted access except as provided in clause 7 of this agreement,
3.1.2 A username and password for the Administrator Account necessary to monitor the usage of the Publication,
3.1.3 Reasonable advance notice of any scheduled change or allowable downtime to the content or the location of the Publication,
3.1.4 Implementation of any of the Licensor’s software and use of the Publication. The Licensor will use reasonable endeavours to make its personnel available by email, phone or fax for feedback, problem solving or general questions. The Licensor shall not provide any onsite installation in respect of the Publication or relevant software,
3.1.5 Adequate support in the form of documentation, online help files and from time to time, updates on new features in order to make effective use of the Publication including where necessary forwarding to the Administrator Account holder copies of reports suggesting possible abuse of the terms of this Agreement and
3.1.6 Privacy and protecting the information the Licensor collects in the operation of access to the Publication and will take all reasonable steps to maintain the security and privacy of this information. The Licensor will ensure that any information it collects will be relevant and not excessive for purposes of operating the Publication and will deleted when no longer needed. The Licensor will only disclose to third parties navigational and transactional information in the form of anonymous, aggregate usage statistics and demographics in forms that do not reveal an Affiliated User’s or the Licensee’s identity or confidential information.
3.2 The Licensor reserves the right in the unlikely event that Publication be withdrawn or a Major Modification be made, to modify or withdraw from the Publication any item or part of an item for which it no longer retains the right to publish or which it has reasonable grounds to believe infringes Intellectual Property Rights, or which is inaccurate, defamatory, offensive or otherwise likely to be unlawful or promote illegal or unlawful activity. In relation to the withdrawal of a material part of the Publication, such that this is a Major Modification, the Licensor shall give written notice to the Licensee of such withdrawal no later than 30 days following the removal of any item in writing.
4 Interruptions in Accessibility
4.1 The allowable downtime includes periodic unavailability due to:
4.1.1 Maintenance of the server(s),
4.1.2 The installation or testing of software,
4.1.3 The loading of additional Publication as they become available,
4.1.4 Updating resources and relevant technologies as necessary to improve the service consistent with overall standards in the online information provision industry.
4.2 The Licensor further undertakes to:
4.2.1 Schedule any downtime for upgrading or maintaining the Publication, its online system or the server in order to minimise inconvenience to the Licensee and its Affiliated Users,
4.2.2 Give the Licensee advance email notice of such scheduled downtime,
4.2.3 Take all reasonable steps to ensure that such downtime that does occur, whether scheduled or not, remain below 2.5% per month on average over any three month period,
4.2.4 Reimburse the Licensee in the event of any downtime which exceeds the limit in clause 7.2.3 above and in proportion to the excess experienced,
4.2.5 To promptly use reasonable efforts to restore access to the Publication if the Licensee notifies the Licensor that the Publication has failed to operate in conformance with the terms of the Agreement and
4.2.6 In the event that the Licensor is unable to fulfil its obligation under clause 6.1.1 above, provide the Licensee with a functional backup copy f the Publication on an electronic storage device, for example CD-Rom or DVD, or by file transfer protocol for uploading on to the Licensee’s server for use as a replacement only until the end of the Access Period.
4.3 The Licensee understand that from time to time the Publication may be modified; including additions, revisions, amendments and deletions by the Licensor and/or that portions of the Publication may migrate to other formats. This is part of the Licensor ensuring that the Publication are current and up to date and accordingly such modifications, additions or deletions shall not be grounds for the Licensee to terminate this Agreement for breach.
4.4 The schedule change or allowable downtime does not include any unavailability which occurs due to a Force Majeure event, see clause 15 in this Agreement.
5 Obligations on part of the Licensee
5.1 The Licensee undertakes to:
5.1.1 Ensure that all it Affiliated Users comply to the following terms and conditions of use of the Publication:
a) Require them to comply with all applicable laws in using the Publication,
b) State that any Publication being supplied are for the Affiliated User’s personal use,
c) Prohibit reproduction or distribution of the Publication that violates applicable law,
d) Contain a reservation for the Licensor of all Intellectual Property Rights and other rights in the Publication,
e) Set out the limitations of use of the Publication as set forth in this agreement and
f) The Licensee shall provide a copy of such terms and conditions of use to the Licensor should the Licensor request this.
5.1.2 Comply with all applicable laws in performing its obligations and exercising its rights under this Agreement,
5.1.3 Check via its Administrator Account that the details of its IP address range and other information required to ensure effective online access including the name and email address of its designated contact are correct as entered by the Licensor,
5.1.4 Notify the Licensor at the earliest opportunity of any:
a) Changes to the information required in clause 8.1 above,
b) Problems experienced in accessing or using either the Publication or the associated Administrator Account, or
c) Significant errors or omissions identified in either the metadata or the images which compromise the Publication.
5.1.5 Ensure that any person benefiting from this Agreement to access the Publication is aware of the limitations on use and to take reasonable precautions to identify and prevent any systematic unauthorised use,
5.1.6 Use only email addresses which contain the Licensee’s domain name,
5.1.7 Terminate access if any person is found to be abusing the terms of this Agreement upon receipt of a reasonable request from the Licensor and secure permission in advance from the Licensor to use the Publication in ways not otherwise provided for in clause 4 of this Agreement.