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Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
Basics of licensings electronic resources 2
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Basics of licensings electronic resources 2

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Workshop - Basics of licensing electronic resources

Workshop - Basics of licensing electronic resources

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  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
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  • BSD - Licensing Workshop
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  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
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  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
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  • BSD - Licensing Workshop
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  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
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  • BSD - Licensing Workshop
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  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • BSD - Licensing Workshop
  • Transcript

    • 1. Basics of Licensing Electronic Resources Barbara S. Dunham
    • 2. Barbara S. Dunham The Ohio State University Libraries 175 West 18th Ave., Rm. 270 Columbus, Ohio 43210 [email_address] (614) 688-8487
    • 3. Blank
    • 4. Workshop Goals
      • Understanding of commonly used clauses and terms
        • Definition key terms
        • Identify key rights
        • Identify acceptable and unacceptable terms/clauses
        • Modify undesirable terms
    • 5. Workshop Goals
      • Use of model licenses/licensing alternatives
      • Relationship of licensing to copyright, fair use, and contract law
    • 6. Basic License Sections
      • Preamble
      • Key Definitions
      • License Grant and Subscription Fee
      • Delivery of Licensed Materials
      • Usage Rights
      • Usage Restrictions
      • Licensee Responsibilities
    • 7. Basic License Sections
      • Warranties
      • Indemnification and Limitation of Liability
      • Term and Termination
      • General
      • Sections and section titles vary from license to license as well as what is included in each section.
    • 8. Blank
    • 9. First Things First
      • Product information, evaluation and cost – who provides?
      • Who negotiates purchase and/or license?
      • How will access be provided?
      • How will the library provide access to the patrons (users)?
    • 10. First Things First
      • Funding?
      • Any time constraints?
      • Are there preferred terms?
    • 11. Terms and Conditions
      • Definitions
      • Identifying Key Rights
      • Adding Contractual Commitments
      • Reviewing Business Terms and Contractual Obligations
    • 12. Terms and Conditions Key Definitions
    • 13. Key Definitions
      • Licensor
      • Licensee
      • Authorized Users
      • Authorized Uses
      • Authentication
      • Breach
      • Indemnity
    • 14. Key Definitions - Licensor
      • Licensor
        • Person or entity that gives or grants a License
        • Owns or has permission to distribute digital materials
        • Represents interests of copyright owners in a License Agreement
        • Has financial means and legal authority to provide services agreed to under the license
      • Definition source: http://www.library.yale.edu/~llicense/definiti.shtml
    • 15. Key Definitions - Licensee
      • Licensee
        • The person or entity that receives permission under a License to access or use digital information.
      • Definition source: http://www.library.yale.edu/~llicense/definiti.shtml
    • 16. Licensing Checklist
      • Who is licensee?
        • Is the library a legal entity with authority to enter into it’s own legal contracts?
        • Does the library represent sub-units or affiliated libraries? Does the library represent those units in legal affairs?
        • Does the library report to a larger organizational unit? Does that unit represent the library in legal affairs?
        • Is the license drafted for the correct licensee?
    • 17. Key Definitions – Authorized User
      • Authorized User
        • Any person or entity designated in a licensing agreement who has permission to access or otherwise use the digital resources that is the subject matter of a licensing agreement.
        • Definition source: http://www.library.yale.edu/~llicense/definiti.shtml
    • 18. Team work – who would your authorized users be?
    • 19. Blank
    • 20. Licensing Checklist
      • Who is an Authorized User?
        • The students
          • Currently enrolled
          • Full and part-time
          • Traveling abroad
          • Distance learning programs
        • The faculty
          • Full and part-time
          • Visiting or Guest lecturers
          • Researchers
          • Emeritus
    • 21. Licensing Checklist
      • Who is an Authorized User? cont.
        • Other library users:
          • Registered patrons
          • Friends of the Library
          • Alumni
          • Parents
          • Local high school students
          • Local citizens
          • Walk-in users
    • 22. Licensing Checklist
      • Who is an Authorized User?
        • Does the license define “Authorized User” to include all primary user groups?
        • Are there any physical or geographical limitations?
        • Does the license use organizational structure to restrict authorized users?
        • Is access allowed for walk-in users at public workstations in the library?
    • 23. Sample License Language
      • Definition of Authorized Users:
      • #1 Authorized Users shall be currently enrolled students or current staff of the institution, or registered patrons of the institution's library.
      • #2 Authorized Users shall be current staff of the organization or agency, or registered patrons of the organization's or agency's library.
      • #3 Authorized Users shall be current staff or registered patrons of the library, at walk-in, public-access terminals.
    • 24. Sample License Language
      • Definition of Authorized Users:
      • #4 If the Subscriber is a public library, “Authorized Users” means: (i) on-site: library staff, library patrons, including walk-in patrons that are not registered borrowers of the library as well as registered borrowers; (ii) remote access is for staff and registered borrowers for personal, non-commercial use.
    • 25. Key Definition – Authorized Use
      • Definition of Authorized Use:
      • Use of information that is expressly allowed under a Licensing Agreement. May also be referred to as “Permitted Use.” A use that is not expressly indentified as an authorized use may or may not result in a breach.
      • Definition source: http://www.library.yale.edu/~llicense/definiti.shtml
    • 26. Blank
    • 27. Key Definitions–Approved Access
      • Approved Access
        • Authorized means by which a licensed product may gain entry to a database or other digital information.
    • 28. Licensing Checklist
      • What is Approved Access?
        • From a local area network server on campus
        • Via remote access to the local area network on campus
        • To a single IP on campus
        • Web access
        • Note: usually name and password is not an acceptable means for access
    • 29. Sample Institutional Definitions
      • Definition of Approved Access:
        • The XYZ University Libraries operates a local area network and a web-based Intranet to provide campus-wide and remote access to Internet web sites, remote online databases and services
        • The Libraries will abide with a site license agreement which controls access by use of specified IP addresses or restricts access to a specific number of simultaneous users.
    • 30. Sample Institutional Definitions
      • IP addresses for access to electronic resources (often in an addendum):
        • XYZ Class B addresses authorized for access: 118.133 144.235
        • Please BLOCK or OMIT the following address: 118.133.107 which is the Greater Clintonville FreeNet.
    • 31. Sample License Language
      • Approved Access
      • #1 The subscription includes authorization by means of the institution’s IP address to allow site-wide online access by authorized users via multiple connections.
      • #2 Under this agreement, subscriber is granted a ... license to access [product] over the Internet via the subscriber’s Internet protocol addresses (IP addresses).
    • 32. Standard License Language
      • Library Premises:
      • The physical premises of the library or libraries operated by the Licensee, as specified by:
        • List of addresses of the Licensee's Library Premises, Domain Name(s) and IP addresses and/or ranges:
        • Class B Network: first two network numbers plus asterisks for host addresses, i.e.: 125.64.*.*
    • 33. Standard License Language
      • Library Premises:
      • The physical premises of the library or libraries operated by the Licensee, as specified by:
        • Class C network: first three network numbers plus an asterisk for host address, i.e.: 125.64.133.*
        • Single station: all four numbers, i.e. 125.64.133.20; or ranges, i.e. 125.64.133.20-125.64.133.40
    • 34. Terms and Conditions Identifying Key Rights
    • 35. Identifying Key Rights
      • Searching and displaying in perpetuity
      • Copying: print and electronic
      • Coursepacks and electronic reserves
      • Interlibrary loan
      • Archiving
    • 36. Blank
    • 37. Licensing Checklist
      • Searching and Displaying:
        • May we search, view, and browse the entire database?
        • Do we need special equipment or software to access and search completely?
        • May we search 24hrs/day, 7days/week?
        • Are we actually acquiring a product that is ours to keep in physical format, forever?
        • If so, do we have the right to load the licensed materials on our own server for distribution via a secure network?
    • 38. Licensing Checklist
      • Searching and Displaying: cont.
        • Does the license mention any limitation on use of search results?
        • Does the license limit use to certain purposes?
        • Will this product be used by patrons for other than educational purposes?
        • Can search results be shared with others?
        • Can search results be shared via the Internet?
    • 39. Sample License Language
      • Searching and Displaying
      • #1 The licensee shall prohibit access to alumni or any persons or entities with access to the licensee’s facilities for any purposes other than study and research for noncommercial purposes.
      • #2 The licensee ... may provide public on-site access to and retrieval from the database for all patrons of the library without regard to their status as authorized users.
    • 40. Sample License Language
      • Searching and Displaying
      • #3 The Licensor agrees:
        • to ensure that the physical medium is free from defects and agrees to repair or replace the product without additional charges to Licenses.
        • that the vendor-supplied software is adequate to the task as defined in the product functionality and agrees to replace it if needed.
        • to guarantee on-going technical support, as defined in this agreement.
    • 41. Sample License Language
      • Searching and Displaying
      • #4 Licensor will use all reasonable efforts to maintain adequate Internet connection band-width and server capacity to provide Licensee with prompt access to the product. If, due to causes within its reasonable control, Licensor is unable to provide Licensee with access to the product for a period exceeding twenty-four (24) consecutive hours, Licensor agrees to extend the license period for corresponding twenty-four (24) hour increments at no additional cost to Licensee.
    • 42. Blank
    • 43. Identifying Key Rights
      • Copying: Print and Electronic
        • Printing hard copies of portions of the database and/or database search results.
        • Electronic copies of portions of the database and/or database search results, in variant formats.
        • Electronic transmission of portions of the database and/or database search results.
    • 44. Sample License Language
      • Copying Rights
      • #1 The licensee may make a reasonable number of hard copies of any search output that does not contain a significant segment of the Database which copies may be used ... only internally but may not be sold.
      • #2 The licensee may make one or more copies in hard copy form of the output of any search; such copies may not be sold and may not be distributed to anyone who is not an authorized user.
    • 45. Blank
    • 46. Identifying Key Rights
      • Course Packs and Electronic Reserves
        • Library materials identified for inclusion in course packs or placed on E-Reserve at the initiative of an instructor for educational use by students as required reading materials.
        • Non-library materials originating from the requesting instructor’s legally owned copy used in the same manner.
    • 47. Licensing Checklist
      • Course Packs and E-Reserves
        • Is the library involved in collecting materials for use in course packs?
        • Does the library participate in the sale or distribution of copies of library materials for course work?
        • Does the library offer course-related library materials on electronic reserve?
        • Does the electronic reserve system limit access through password or IP protection?
    • 48. Standard License Language http://www.licensingmodels.com/
      • Definitions:
      • Course Pack: 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) made and stored on the Secure Network by the Licensee for use by students in connection with specific courses of instruction offered by the Licensee to its students.
    • 49. Standard License Language http://www.licensingmodels.com/
      • Coursepacks and E-Reserve
      • The Licensee may ... incorporate parts of the Licensed Materials in printed Course Packs [and Electronic Reserve collections] for the use of Authorized Users in the course of instruction at the Licensee's institution, but not for Commercial Use. Each such item shall carry appropriate acknowledgement of the source, listing title and author of the extract, title and author of the work, and the publisher. Copies of such items shall be deleted by the Licensee when they are no longer used for such purpose.
    • 50. Blank
    • 51. Blank
    • 52. Licensing Checklist
      • Interlibrary Loan
        • Does the library use material from electronic resources for interlibrary loan purposes?
        • Are all licensed electronic resources reviewed and negotiated for ILL rights?
        • Are some materials approved for ILL only to specific user groups?
        • Do any licenses require that the electronic materials be transmitted via hard copy only?
    • 53. Licensing Checklist
      • Interlibrary Loan
        • Do any licenses require the ILL Office to track lending activity?
        • Has the ILL Office been notified of such license rights and restrictions?
        • Is the ILL Office willing and able to comply with such restrictions and obligations?
    • 54. Sample License Language
      • Interlibrary Loan
      • Licensee may use the digital form of certain publications .... for the purpose of supplying interlibrary loan requests ... in accordance with the Interlibrary Loan provisions of Section 108 of the US Copyright law and the CONTU Guidelines promulgated thereunder, provided, however, that such requests may only be filled by the licensee printing out a copy of the item to be provided and providing that print copy, or photocopy or fax copy of it, to the requesting party.
    • 55. Identifying Key Rights
      • Archiving
        • To protect library materials of all formats by storing and maintaining them in an accessible form.
        • Initial responsibility for preservation begins with creation of the information and rests with the creator, owner or provider of it.
        • The creator/provider/owner may engage other parties, such as certified digital archives, to take over some or all of the archival responsibility.
    • 56. Identifying Key Rights
      • Archiving cont .
        • Libraries and archival organizations may interact with creators/providers as subcontractors for maintaining digital archives.
        • Libraries and certified digital archives have the right and duty to preserve information that become endangered because the creator or provider or owner does not accept responsibility for the preservation function and does not take steps formally to convey responsibility, or because there is no natural institutional home.
    • 57. Licensing Checklist
      • Archival Rights
        • Are we actually acquiring a product that is ours to keep, forever?
        • Are we acquiring access only? If so, in perpetuity?
        • Do we own any rights to the content?
        • Do we have any archival rights?
        • Do we and/or our users have Fair-Use rights in perpetuity?
    • 58. Blank
    • 59. Blank
    • 60. Terms and Conditions Adding Contractual Commitments
    • 61. Adding Contractual Commitments
      • Changes to the Product
      • Usage Information
      • Confidentiality Clauses
    • 62. Adding Contractual Commitments
      • Changes to the Product
        • Content
        • Frequency of updates
        • Method, hours, format of access
    • 63. Sample License Language
      • Changes to Product Content
      • #1 Should a significant portion of the Licensed Materials be deleted or removed from access, Licensor will notify Licensee immediately. Licensee will have at least ten (10) days from receipt of notification to cancel the Agreement and request a pro-rated refund of the license fee .
    • 64. Sample License Language
      • Changes to the Product:
      • #2 Should a significant portion of the database content be deleted or removed from access, Licensor will notify Licensee at least 10 days in advance of the removal. Licensee will have at least 30 days from such occurrence to review the changes.
      • #3 Should such changes result in a product that is no longer useful to the Licensee, they have the right to cancel the license and request a pro-rated refund of the license fee.
    • 65. Sample License Language
      • Changes to access, search, and retrieval software:
      • #1 Should the Licensee or distribution agent make a significant change to the method of access, search engine, or retrieval options, Licensor will notify Licensee at least 10 days in advance of the change.
      • #2 Licensee will have at least 30 days to review the changes. Should such change(s) render the product less useful, the Licensee has the right to cancel the license and request a pro-rated refund of the license fee.
    • 66. Sample License Language
      • Usage Information
      • ##1 All usage data, such as number of searches or articles downloaded, will be ... reported at least quarterly by the Licensor to the Licensee.
      • 2 Statistical usage data will be summarized for the institution as a whole, and also sorted and listed by individual server access.
    • 67. Standard License Language http://www.licensingmodels.com/
      • Usage Information
      • The Publisher shall provide to the Licensee or facilitate the collection and provision to the Licensee and the Publisher by the Licensee or the Agent of such usage data on the number [of titles] [of abstracts and] of articles downloaded, by journal title, on [a monthly] [a quarterly][an annual] basis for the Publisher's and the Licensee's private internal use only.
    • 68. Blank
    • 69. Adding Contractual Commitments
      • Confidentiality Clauses
        • To protect the identity of users
        • To protect the privacy of user’s activities
        • To assure that information and statistics are used only for approved purposes
        • To assure that information and statistics are used by or distributed only to approved persons or sources.
    • 70. Sample License Language
      • Confidentiality Clauses
      • #1 Any usage data compiled by the Licensor will be collected by a method consistent with applicable privacy laws and written confidentiality requirements of this agreement.
      • #2 The anonymity of individual users and the confidentiality of their searches shall be fully protected by the Licensor.
      • #3 All usage data, such as number of searches or articles downloaded, will be used for the Licensor’s private internal use only.
    • 71. Standard License Language http://www.licensingmodels.com/
      • Such usage data shall be compiled in a manner consistent with applicable privacy [and data protection] laws [and as may be agreed between the parties from time to time], and the anonymity of individual users and the confidentiality of their searches shall be fully protected. In the case that the Publisher assigns its rights to another party under clause 11.3, the Licensee may at its discretion require the assignee either to keep such usage information confidential or to destroy it.
    • 72. Terms and Conditions Reviewing Business Terms and Contractual Obligations
    • 73. Reviewing Business Terms
      • Payment and Renewal
      • Term and Termination
    • 74. Sample License Language
      • Payment and Renewal
      • #1 Licensee agrees to pay Licensor the then current applicable license charges upon receipt of invoice.
      • #2 The annual fee for this subscription may be raised by written notice to the Licensee, given at least three months prior to the next succeeding renewal date.
      • #3 The charges ... are exclusive of any state or local sales, use or similar taxes. If any such taxes are applicable, they shall be charged to Licensee’s account. If Licensee is exempt from any such taxes, the tax shall not be charged to Licensee upon receipt of a certificate of exemption.
    • 75. Sample License Language
      • License Language to be modified or deleted :
      • #1 Licensor may increase the license charges payable hereunder at any time. In the event of such an increase for a reason other than as expressly permitted elsewhere in this agreement, Licensor may give written notification in the Licensee’s invoice or by other written communication to Licensee state the new license charges and the date when the new license charges will become effective.
    • 76. Sample License Language
      • License Language to be modified or deleted :
      • #2 All charges incurred by Licensee, together with applicable taxes, are payable within ten (10) day after receipt of an invoice. Amounts which have not been paid within thirty (30) days after the invoice date are thereafter until paid subject to a late payment charge at a rate equal to fifteen percent (15%) per annum (or, if less, the maximum rate permitted under applicable law).
    • 77. Blank
    • 78. Sample License Language
      • Subscription Period and Renewal Cycle:
      • #1 The term of this agreement shall be the period for which the licensee has paid the initial subscription fee. The term will be extended to all periods for which the licensee has paid the then current renewal fee.
      • #2 This agreement will last through the end of the calendar year in which the subscription first becomes effective.
      • #3 This agreement commences on the date this agreement is accepted by Licensor and terminates at the end of the initial subscription year.
    • 79. Sample License Terms
      • Cancellation Notice and Termination Rights
      • #1 If either party breaches any provision of this agreement, and does not cure breach within 30 days written notice thereof, in addition to any rights or remedies, either party may terminate this agreement and all licenses granted with prior notice.
      • #2 The licensor reserves the right to suspend and/or terminate access to [product] if subscriber violates any term of this agreement and fails to correct the violation within 30 days of notification by licensor.
    • 80. Sample License Language
      • License Language to be modified or deleted:
      • #1 If the licensee breaches any term of this agreement, the licensor may, in addition to its other legal rights and remedies, terminate the license granted hereunder on 7 days’ notice to licensee.
      • #2 The licensor reserves the right to suspend and/or terminate access to [product] without prior notice if subscriber violates any term of this agreement.
    • 81. Contractual Obligations
      • Provide copyright statements on printouts
      • Re-negotiate license if access method changes
      • Security and audit issues
      • Alert licensor to end user breaches
    • 82. Sample License Language
      • Provide copyright statements on printouts
      • #1 No copyright notices, trademark or proprietary notices, author attributions, or other notices or disclaimers included by Publisher in the Licensed materials may be removed, obscured or modified in any way.
      • #2 ... any trademarks, logos and colophons owned by or licensed to Publisher or affiliated Societies, which appear on the Licensed Materials shall be posted as provided therein and may not be deleted or modified by Subscriber or the Authorized Users.
    • 83. Standard License Language http://www.licensingmodels.com/
      • Re-negotiate license if access method changes
      • The Licensee shall:
        • provide the Publisher, within 30 days of the date of this Agreement, with information sufficient to enable the Publisher to provide access to the Licensed Material in accordance with its obligation under clause 7.2.3. Should the Licensee make any significant change to such information, it will notify the Publisher not less than ten (10) days before the change takes effect.
    • 84. Standard License Language http://www.licensingmodels.com/
      • Re-negotiate license if access method changes
      • The Licensee shall:
        • keep full and up-to-date records of all [Authorized Users and their access details][IP addresses] and, of [periodic][quarterly][upon request] lists of additions, deletions or other alterations to such records as agreed between the parties from time to time.
    • 85. Sample License Language
      • Security and Audit Issues
      • #1 The licensee shall take reasonable action to restrict and control all use of the items licensed hereunder and to enforce the restrictions ... .
      • #2 The licensee hereby grants the licensor the right to audit, during regular business hours, use of the database to ensure compliance with this agreement, including without limitation, the number of simultaneous users permitted to access the database.
    • 86. Standard License Language http://www.licensingmodels.com/
      • Security and Audit Issues
      • The Licensee shall:
        • use all reasonable endeavors to ensure that all Authorized Users are appropriately notified of the importance of respecting the intellectual property rights in the Licensed Materials and of the sanctions which the Licensee imposes for failing to do so, as specified ….
        • use all reasonable endeavors to ensure that the Authorized Users are made aware of and undertake to abide by the terms and conditions of this license;
    • 87. Standard License Language http://www.licensingmodels.com/
      • Security and Audit Issues cont.
      • The Licensee shall:
        • use all reasonable endeavors to ensure that only Authorized Users are permitted access to the Licensed Materials.
    • 88. Sample License Language
      • Alert licensor to end user breaches
      • #1 The licensee shall take reasonable steps to ensure that only authorized users have access to the database, and that substantial portions of the data are not copied in violation of the fair use privilege of the U.S. Copyright Act, and shall notify licensor of any actual or attempted violations of these limits.
    • 89. Sample License Language
      • Alert licensor to end user breaches
      • #2 The Subscriber will monitor access to and use of the Licensed Material to detect misuse of the Licensed Material and make its best efforts to take prompt corrective actions, to inform Publisher of any misuse and to cooperate with Publisher to take any other steps Publisher reasonably requests.
    • 90. Sample License Language
      • License Language to be modified or deleted:
      • #1 The licensee is solely responsible for all security, and all use (including unauthorized use), of the licensee’s User-ID and password.
      • #2 The licensee assumes the sole responsibility for all use of the database ... .
    • 91. Standard License Language
      • Alert licensor to end user breaches
      • The Licensee shall:
        • use all reasonable endeavors to monitor compliance and immediately upon becoming aware of any unauthorized 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.
    • 92. Model Licenses
      • http://www.licensingmodels.org/

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