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Terms and Conditions of Access Taylor & Francis Group Journals January…
Tags: authentication, computer terminals, definitions, england, francis group, group journals, halls of residence, information service, library premises, licensee, milton park, milton park abingdon, s library, secure network, student dormitories, taylor and francis, taylor francis, third party, users work,Pages: 10
Language: english
Created: Wed Jul 9 16:35:32 2008
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Terms and Conditions of Access
Taylor & Francis Group Journals January 2008
THIS LICENCE IS AGREED on the _________ day of ________________ 200__.
BETWEEN
1. Taylor and Francis Group of 4 Park Square, Milton Park, Abingdon, OX14
4RN, England ("The Publisher") and
2. _______________________________________________________________
_________________________________________________("the Licensee").
1. KEY DEFINITIONS
1.1 In this License, the following terms shall have the following meanings: -
Agent A third party appointed from time to time by the
Licensee to act on the Licensee's behalf, who may
undertake any or all of the obligations of the Licensee
under this License, as agreed between the Licensee and
the Agent.
Authorised Users Current members of the faculty and other staff of the
Licensee (whether on a permanent, temporary, contract
or visiting basis) and individuals who are currently
studying at the Licensee's institution, who are permitted
to access the Secure Network from within the Library
Premises or from such other places where Authorised
Users work or study (including but not limited to
Authorised Users' offices and homes, halls of residence
and student dormitories) and who have been issued by
the Licensee with a password or other authentication
together with other persons who are permitted to use the
Licensee's library or information service and access the
Secure Network but only from computer terminals
within the Library Premises.
Commercial Use Use for the purposes of monetary reward (whether by or
for the Licensee or an Authorised User) by means of
sale, resale, loan, transfer, hire or other form of
exploitation of the Licensed Materials. For the
avoidance of doubt, neither recovery of direct costs by
the Licensee from Authorised Users, nor use by the
Licensee or by an Authorised User of the Licensed
Materials in the course of research funded by a
commercial organisation, is deemed to be Commercial
Use.
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Course Packs A collection or compilation of materials (e.g. book
chapters, journal articles) assembled by members of
staff of the Licensee for use by students in a class for
the purposes of instruction.
Electronic Reserve Electronic copies of materials (e.g. book chapters,
journal articles) assembled by members of staff of the
Licensee for use by students in a class for the purposes
of instruction.
Fee The Fees, which may be agreed by the parties from time
to time.
Library Premises The physical premises of the library or libraries
operated by the Licensee at a single site. A single site is
a single contiguous geographic region from within
which the library's/Licencee's "Authorised Users" and
public visitors can access the Licensed Materials over a
secure network. A typical single site would have a
single billing address for all subscription purchases and
all physical locations accessing the licensed materials
would be located on the same physical campus.
If the library/Licensee maintains or provides service to
users that are outside one single geographical
contiguous location, or multiple departments that
operate independently of the parent institution, then the
library/Licensee may need to obtain a multi-site or
consortium license.
Publisher's A third party appointed from time to time by the
Representative Publisher to act on the Publisher's behalf, who may
execute this License on behalf of the Publisher and
undertake any or all of the Publisher's obligations under
this License, as agreed between the Publisher and the
Publisher's Representative.
Licensed Materials The electronic material provided by the Publisher or
Publisher's Representative.
Secure Network A network (whether a standalone network or a virtual
network within the Internet) which is only accessible to
Authorised Users approved by the Licensee whose
identity is authenticated at the time of log-in, and
periodically thereafter consistent with current best
practice, and whose conduct is subject to regulation by
the License.
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Server The server, either the Publisher's server or a third party
server designated by the Publisher, on which the
Licensed materials and mounted and may be accessed.
Subscription Period That period nominally covered by the volumes and
issues of the Licensed Material regardless of the actual
date of publication.
Core Subscription A subscription to a journal title, in print or online
format, where the Full subscription rate was paid.
2. AGREEMENT
2.1 The Publisher agrees to grant to the Licensee the non-exclusive and non-
transferable right, throughout the world, to give Authorised Users access to the
Licensed Materials via a Secure Network for the purposes of research,
teaching and private study, subject to the terms and conditions of this License,
and the Licensee agrees to pay the Fee.
2.2 This License shall commence at the beginning of the Subscription Period and
shall automatically terminate at the end of the Subscription Period, unless the
parties have previously agreed to renew it.
2.3 On termination of this License, the Publisher shall provide continuing access
for Authorised Users to that part of the Licensed Materials which was
published and paid for within the Subscription Period and where a Core
Subscription was held, in print or online format, except where such
termination is due to a breach of the License by the Licensee which the
Licensee has failed to remedy as provided in 10.1.2 and 10.1.3 of this License.
(Please note this clause may not apply to individual members of certain
Learned Societies for whom the Publisher produces and distributes journals.)
3. USAGE RIGHTS
3.1 The Licensee, subject to clause 6 below, may:
3.1.1 make such back-up copies of the Licensed Materials as are reasonably
necessary:
3.1.2 make such temporary local electronic copies of all or part of the
Licensed Materials as are necessary solely to ensure efficient use by
Authorised Users and not to make available to Authorised Users
duplicate copies of the Licensed Material;
3.1.3 allow Authorised Users to have access to the Licensed Materials from
the Server via the Secure Network;
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3.1.4 display, download or print the Licensed Materials for the purpose of
internal marketing or testing of for training Authorised users or groups
of Authorised Users.
3.2 Authorised Users may, in accordance with the copyright laws of the UK and
subject to clause 6 below:
3.2.1. search, view, retrieve and display the Licensed Materials;
3.2.2. electronically save individual articles or items of the Licensed
Materials for personal use;
3.2.3. print off a copy of parts of the Licensed Materials.
3.3. Nothing in this License shall in any way exclude, modify or affect any of
the Licensee's rights under the Copyright Designs and Patents Act 1988 or
any statutory instruments made thereunder or any amending legislation.
4. SUPPLY OF COPIES TO OTHER LIBRARIES
4.1 The Licensee may, subject to Clause 6 below, supply to an Authorised User of
another library by post or fax, or by secure transmission using Ariel software,
or similar, provided the electronic file is deleted immediately after printing,
for the purposes of research or private study and not for Commercial Use, a
single paper copy of an electronic original of an individual document being
part of the Licensed Materials.
4.2 Notwithstanding the provisions of Clauses 3.1 and 3.3, it is understood and
agreed that neither the Licensee nor Authorised Users may provide, by
electronic means, (excluding fax or secure transmission as specified in Clause
4.1), to a user at another library a copy of any part of the Licensed Materials
for research or private study or otherwise.
5. COURSE PACKS AND ELECTRONIC RESERVE
5.1 For the avoidance of doubt, the Licensee may not incorporate all or any part of
the Licensed Materials in Course Packs and Electronic Reserve collections
without the prior written permission of the Publisher or the Publisher's
Representative, which may set out further terms and conditions for such usage.
5.2 A link to the Licensed Material may be incorporated in Electronic Reserve
collections.
6. PROHIBITED USES
6.1 Neither the Licensee nor Authorised users may:
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6.1.1 remove or alter the authors' names or the Publisher's copyright notices
or other means of identification or disclaimers as they appear in the
Licensed Materials:
6.1.2 systematically make print or electronic copies of multiple extracts of
the Licensed Materials, including complete issues, for any purpose
(other than back-up copies permitted under clause 3.1.2):
6.1.3. mount or distribute any part of the Licensed Material on any electronic
network, including without limitation the Internet and the World Wide
Web, other than the Secure Network
6.2 The Publisher's explicit written permission must be obtained in order to:
6.2.1. use all or any part o the Licensed materials for any Commercial Use;
6.2.2. systematically distribute the whole or any part of the Licensed
Materials to anyone other than Authorised Users:
6.2.3 publish, distribute or make available the Licensed Materials, works
based on the Licensed Materials or works which combine them with
any other material, other than as permitted in this Licence;
6.2.4. alter, abridge, adapt or modify the Licensed Materials to Authorised
users. For the avoidance of doubt, no alteration of the words or their
order is permitted.
7. PUBLISHER'S UNDERTAKINGS
7.1 The publisher warrants to the Licensee that the Licensed Materials used as
contemplated by this License do not infringe the copyright or any other
proprietary or intellectual property rights of any person. The Publisher shall
indemnify and hold the Licensee harmless from and against any loss, damage,
costs, liability and expenses (including reasonable legal and professional fess)
arising out of any legal action taken against the Licensee claiming actual or
alleged infringement of such rights. This indemnity shall survive the
termination of this License for any reason. This indemnity shall not apply if
the Licensee has amended the Licensed Materials in any way not permitted by
this License.
7.2 The Publisher Shall:
7.2.1. make the Licensed Materials available to the Licensee from the Server.
The Publisher will notify the Licensee as least sixty (60) days in
advanced of any anticipate specification change applicable to the
Licensed Materials. If the changes render the Licensed Materials less
useful in a material respect to the Licensee, the Licensee may within
thirty days of such notice treat such changes as a breach of this License
under clause 10.1.2 and 10.4;
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7.2.2 use reasonable endeavours to make the Licensed Materials available to
the Licensee and the Authorised Users at all times and on a twenty-
four hour basis, save for routine maintenance (which shall be notified
to the Licensee in advance wherever possible), and to restore access to
the Licensed Materials as soon as possible in the event of an
interruption or suspension of the service.
7.3 The publisher reserves the right at any time to withdraw from the Licensed
Materials 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 copyright or
is defamatory, obscene, unlawful or otherwise objectionable. The Publisher
shall give written notice to the Licensee of such withdrawal. If the withdrawal
results in the Licensed Materials being no longer useful to the Licensee, the
Licensee may, within thirty days of such notice, treat such changes as a breach
of this License under clause 10.1.1 and 10.4.
7.4 The Publisher undertakes to use reasonable endeavours to provide or to make
arrangements for a third party to provide an archive of the Licensed Materials
for the purposes of long term preservation of the Licensed Materials, and to
permit Authorised Users to access such archive after termination of this
License.
7.5 Except as expressly provided in this License, the Publisher makes no
Representations or warranties of any kind, express or implied, including but
not limited to, warranties of design, accuracy of the information contained in
the Licensed Materials, merchantability or fitness of use for a particular
purpose. The Licensed Materials are supplied `as is'.
7.6 Except as provided in clause 7.1, under no circumstances shall the Publisher
(or the Publisher's Representative) be liable to the Licensee or any other
person, including but not limited to Authorised Users, for any special,
exemplary, incidental or consequential damages of any character arising out of
the inability to use, or the use of, the Licensed Materials. Irrespective of the
cause or form of action, the Publisher's aggregate liability for any claims,
losses, or damages arising out of any breach of this License shall in no
circumstances exceed the Fee paid by Licensee to the Publisher under this
License in respect of the Subscription Period during which such claim, loss of
damage occurred. The foregoing limitation of liability and exclusion of
certain damages shall apply regardless of the success of effectiveness of other
remedies. Regardless of the cause or form of action, the Licensee may bring
no action arising from this License more than six (6) months after the cause of
action arises.
7.7 The Publisher shall provide a website at http://admin.metapress.com for
Licensee to run usage reports on a periodic basis.
8. LICENSEE'S UNDERTAKINGS
8.1 The Licensee shall:
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8.1.1 appropriately notified of the importance of respecting the intellectual
property rights in the Licensed Materials;
8.1.2 use reasonable endeavours to notify Authorised Users of the terms and
conditions of this License and take steps to protect the Licensed
Materials from unauthorised use or other breach of this License;
8.1.3 use reasonable endeavours to monitor compliance and immediately
upon becoming aware of any unauthorised use or other breach, inform
the Publisher and take all reasonable and appropriate steps, including
disciplinary action, both to ensure that such activity ceases and to
prevent any recurrence;
8.1.4 issue passwords or other access information only to Authorised Users
and use all reasonable endeavours to ensure that Authorised Users do
not divulge their passwords or other access information to any third
party;
8.1.5 provide the Publisher, within 30 days of the date of this Agreement,
with the information sufficient to enable the Publisher to provide
access to the Licensed Material in accordance with its obligation under
clause 7.2.2. Should the Licencee make any significant change to such
information, it will notify the Publisher not less than 10 (10) days
before the change takes effect:
8.1.6 keep full and up-to-date records of all Authorised users and their
access details and provide the publisher with details of such additions,
deletions or other alterations to such records as are necessary to enable
the Publisher to provide Authorised Users with access to the Licensed
materials as contemplated by this License;
8.1.7 use reasonable endeavours to ensure that only Authorised Users are
permitted access to the Licensed Materials.
8.1.8 provide complete information on its Print Holdings and demographic
information required by the Licensor for pricing purposes (only if
applicable) at the time of signing this Agreement, and promptly
provide any updates to such information.
8.2 For the avoidance of doubt, the Fee shall be exclusive of any sales, use, value-
added or similar taxes and the Licensee shall be liable for any such taxes in
addition to the Fee.
9. UNDERTAKINGS BY BOTH PARTIES
9.1.1 Each party shall use its best endeavours to safeguard the intellectual property,
confidential information and proprietary rights of the other party.
9.1.2 Licensor and Licensee agree to maintain the confidentiality of any data
relating to the usage of the Licensed Materials by the Licensee and its
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Authorised Users. Such data may be used solely for purposes directly related
to the Licensed Materials and may only be provided to third parties in
aggregate form. Raw usage data, including but not limited to information
relating to the identity of specific users and/or uses, shall not be provided to
any third parties.
10. TERM AND TERMINATION
10.1 In addition to automatic termination (unless renewed) under clause 2.2, this
License shall be terminated:
10.1.1 if the Publisher commits a material of persistent breach of any term of
this License and fails to remedy the breach (if capable of remedy)
within sixty (60) days of notification in writing by the Licensee;
10.1.2 if the Licensee commits a wilful material and persistent breach of the
Publisher's copyright or other intellectual property rights or of the
provisions of clause 3 in respect of usage rights or of clause 6 in
respect of prohibited uses;
10.1.3 if either party becomes insolvent or becomes subject to receivership,
liquidation or similar external administration.
10.2 On termination all rights and obligations of the parties automatically terminate
except for obligations in respect of Licensed Materials to which access
continues to be permitted as provided in clause 2.3.
10.3 On termination of this License for cause, as specified in clauses 10.1.2 and
10.1.3, the Licensee shall immediately cease to distribute, or make available,
the Licensed Materials to Authorised Users and shall return to the Publisher or
destroy all Licensed materials locally mounted pursuant to clause 3.1.1 and
3.1.2 except as provided in clause 2.3.
10.4 On termination of this License by the Licensee for cause, as specified in clause
10.1.1 above, the Publisher shall forthwith refund the proportion of the Fee
that represents the paid but un-expired part of the Subscription Period.
11. GENERAL
11.1 This License constitutes the entire agreement of the parties and supersedes all
prior communications, understandings and agreements relating to the subject
matter of this License, whether oral or written.
11.2 Alterations to this License are only valid if they are notified to Licensee in
advance of any change being implemented.
11.3 This License may not be assigned by either party to any other person or
organisation, nor may either party sub-contract any of its obligations, except
as provided in this License in respect of the Agent and the management and
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operation of the Server, without the prior written consent of the other party,
whose consent shall not unreasonably be withheld.
11.4 If rights in all or any part of the Licensed Materials are assigned to another
publisher, the Publisher shall use its best endeavours to ensure that the terms
and conditions of this License are maintained.
11.5 Any notices to be served on either of the parties by the other shall be sent be
prepaid recorded delivery or registered post to the address of the addressee as
set out in this License or to such other address as notified by either party to the
other as its address for service of notices. All such notices shall be deemed to
have been received within 14 days of posting.
11.6 Neither part's delay or failure to perform any provision of this License, as
result of circumstances beyond its control (including, without limitation, war,
strikes, floods, governmental restrictions, power, telecommunications or
Internet failures, or damage to or destruction of any network facilities) shall be
deemed to be, or to give rise to, a breach of this License.
11.7 The invalidity or un-enforceability of any provision of this License shall not
affect the continuation or enforceability of the remainder of this License.
11.8 Either party's waiver, or failure to require performance by the other, of any
provision of this License will not affect its full right to require such
performance at any subsequent time, or be taken or held to be a waiver of the
provision itself.
11.9 This License shall be governed by and construed in accordance with UK law;
the parties irrevocably agree that any dispute arising out of, or in connection
with, this License will be subject to, and within, the jurisdiction of the courts
of the UK.
END OF LICENSE
IN WITNESS WHEREOF, the parties have executed this Agreement by their
respective, duly authorized representatives as of the date first above written.
TAYLOR & FRANCIS GROUP:
BY: ______________________________________ DATE: __________________
Signature of Authorised Signatory of Licensor
Print Name: Ashleigh Bell
Title: Journals Sales Director
Address: Taylor & Francis, 4 Park Square, Milton Park, Abingdon, OX14 4RN, UK
Telephone No.: +44 207 017 6350
Facsimile: +44 207 017 6725
E-mail: Ashleigh.Bell@tandf.co.uk
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UNIVERSITY OF:
BY: ______________________________________ DATE: ___________________
Signature of Authorised Signatory of Licensee
Print Name:
Title:
Address:
Telephone No.:
Facsimile:
E-mail:
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