Common use of Authorised Use of Licensed Materials Clause in Contracts

Authorised Use of Licensed Materials. 2.1 The Licensee may permit Authorised Users to use the Licensed Materials on the terms set out herein and on condition that such Authorised Users do not grant any further sub-licence. 2.2 The Licensee may only use the Licensed Materials for the purposes of research, education, teaching or other non-commercial use and subject to the foregoing, the Licensee (for 2.2 (4) by support of the Institutions) may: (1) download unlimited portions of the Licensed Materials and make such local temporary copies of the Licensed Materials as are necessary to ensure efficient use of the Licensed Materials by the Authorised Users, provided that such use is subject to all the terms and conditions of this Agreement; (2) store in electronic format in secure electronic data files or print a reasonable portion of the Licensed Materials for use only in connection with specific courses of instruction offered by the Licensee; (3) provide Authorised Users with an integrated access and index to the Licensed Materials and all other similar material acquired from other sources. The Licensed Materials or Parts thereof may be compiled, indexed and/or catalogued (including, without limitation, the header data and abstracts) by the Licensee and the Institutions. Anything thereby created or compiled may be integrated into the products and services of the Licensee and the Institutions. Metadata may be integrated by links into local catalogue systems, regional or nationwide union catalogue systems, other library services and information systems operated by third parties (including but not limited to search engines of commercial corporations provided that the Metadata is not sold, lent, re-licensed, or distributed in any manner that violates the terms and conditions of the Licence Agreement). The Licensed Materials can be integrated by the licensee or a third party authorised by the licensee without restriction (including, but not limited to) in digital course reserve collections, in virtual research environments in which Licensee participate as well as in the virtual specialised libraries operated by Licensee; (4) engage in text mining/data mining activities in relation to the Licensed Materials, subject to obtaining the Licensor's prior written consent as set out in section 3.2 if such activities involve automated extraction of data directly from the Licensed Materials; (5) supply to a user of another library (whether by post, fax or secure electronic transmission) a single copy of an electronic original of an individual document including any supplementary content published in connection to the document, a practice commonly known as Interlibrary Loan; (6) allow Authorised Users to: - Make such local temporary copies of the Licensed Materials as are necessary to ensure efficient use of the Licensed Materials, provided that such use is subject to all the terms and conditions of this Licence Agreement; - Access the Licensed Materials by Secure Authentication in order to search, retrieve, display and view the Licensed Materials; - Electronically save Parts of the Licensed Materials; - Print out single copies of Parts of the Licensed Materials; - Incorporate Parts of the Licensed Materials in printed and electronic course packs, study packs, resource lists and in any other material (including but not limited to multi-media works) and/or in virtual and managed environments (including but not limited to virtual learning environments, managed learning environments, virtual research environments and library environments) hosted on a Secure Network. Each item has to carry appropriate acknowledgement of the source, listing title and author. - Incorporate Parts of the Licensed Materials in printed or electronic form in assignments and portfolios, theses and in dissertations ("the Academic Works"), including reproductions of the Academic Works for personal use and library deposit. Reproductions in printed or electronic form of Academic Works may be provided to sponsors of such Academic Works. Each item has to carry appropriate acknowledgement of the source; (7) Course packs in non-electronic, non-print perceptible form, such as Braille, may also be offered to Authorised Users; (8) store in electronic format in secure electronic data files all or any portion of the Licensed Materials for the sole purpose of data mining; and (9) permit its Authorised Users to transmit to a third-party colleague in hard copy or electronically, minimal, insubstantial amounts (defined as no more than 5% [five percent] of the total collection of the Licensed Materials) of the Licensed Materials for personal use or scholarly, educational or scientific research. (10) commission a third party with support for any permission stated in this License Agreement. Save for video content which is excluded for the purposes of downloading, storing, printing and transmitting. 2.3 The Licensee shall comply with all applicable laws in performing its obligations and exercising its rights under this Agreement and in particular the Licensee shall not License Agreement infringe any moral rights (such as German Act on Copyright and Related Rights - "Urheberrechtsgesetz", "UrhG") that subsist in respect of the Licensed Materials. 2.4 For the avoidance of doubt, nothing in this Agreement is intended to limit in any way whatsoever the Licensee rights under the fair dealing provisions set out in the Copyright Designs and Patents Xxx 0000 (as may be re-enacted or modified) or if such acts take place outside the UK, in accordance with any equivalent legislation applicable in that territory (for example under the US Copyright Act of 1976, 17 U.S.C. § 107 and uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with copyright protection under German copyright law).

Authorised Use of Licensed Materials. 2.1 The Licensee may permit Authorised Users to use the Licensed Materials on the terms set out herein and on condition that such Authorised Users do not grant any further sub-licence. 2.2 The Licensee may only use the Licensed Materials for the purposes of research, education, teaching or other non-commercial use and subject to the foregoing, the Licensee (for 2.2 (4) by support of the Institutions) may: (1) download unlimited portions of the Licensed Materials and make such local temporary copies of the Licensed Materials as are necessary to ensure efficient use of the Licensed Materials by the Authorised Users, provided that such use is subject to all the terms and conditions of this Agreement; (2) store in electronic format in secure electronic data files or print a reasonable portion of the Licensed Materials for use only in connection with specific courses of instruction offered by the Licensee; (3) provide Authorised Users with an integrated access and index to the Licensed Materials and all other similar material acquired from other sources. The Licensed Materials or Parts thereof may be compiled, indexed and/or catalogued (including, without limitation, the header data and abstracts) by the Licensee and the Institutions. Anything thereby created or compiled may be integrated into the products and services of the Licensee and the Institutions. Metadata may be integrated by links into local catalogue systems, regional or nationwide union catalogue systems, other library services and information systems operated by third parties (including but not limited to search engines of commercial corporations provided that the Metadata is not sold, lent, re-licensed, or distributed in any manner that violates the terms and conditions of the Licence Agreement). The Licensed Materials can be integrated by the licensee or a third party authorised by the licensee without restriction (including, but not limited to) in digital course reserve collections, in virtual research environments in which Licensee participate as well as in the virtual specialised libraries operated by Licensee; (4) engage in text mining/data mining activities in relation to the Licensed Materials, subject to obtaining the Licensor's prior written consent as set out in section 3.2 if such activities involve automated extraction of data directly from the Licensed Materials; (5) supply to a user of another library (whether by post, fax or secure electronic transmission) a single copy of an electronic original of an individual document including any supplementary content published in connection to the document, a practice commonly known as Interlibrary Loan; (6) allow Authorised Users to: - Make such local temporary copies of the Licensed Materials as are necessary to ensure efficient use of the Licensed Materials, provided that such use is subject to all the terms and conditions of this Licence Agreement; - Access the Licensed Materials by Secure Authentication in order to search, retrieve, display and view the Licensed Materials; - Electronically save Parts of the Licensed Materials; - Print out single copies of Parts of the Licensed Materials; - Incorporate Parts of the Licensed Materials in printed and electronic course packs, study packs, resource lists and in any other material (including but not limited to multi-media works) and/or in virtual and managed environments (including but not limited to virtual learning environments, managed learning environments, virtual research environments and library environments) hosted on a Secure Network. Each item has to carry appropriate acknowledgement of the source, listing title and author. - Incorporate Parts of the Licensed Materials in printed or electronic form in assignments and portfolios, theses and in dissertations ("the Academic Works"), including reproductions of the Academic Works for personal use and library deposit. Reproductions in printed or electronic form of Academic Works may be provided to sponsors of such Academic Works. Each item has to carry appropriate acknowledgement of the source; (7) Course packs in non-electronic, non-print perceptible form, such as Braille, may also be offered to Authorised Users; (8) store in electronic format in secure electronic data files all or any portion of the Licensed Materials for the sole purpose of data mining; and (9) permit its Authorised Users to transmit to a third-party colleague in hard copy or electronically, minimal, insubstantial amounts (defined as no more than 5% [five percent] of the total collection of the Licensed Materials) of the Licensed Materials for personal use or scholarly, educational or scientific research. (10) commission a third party with support for any permission stated in this License Agreement. Save for video content which is excluded for the purposes of downloading, storing, printing and transmitting. 2.3 The Licensee shall comply with all applicable laws in performing its obligations and exercising its rights under this Agreement and in particular the Licensee shall not License Agreement infringe any moral rights (such as German Act on Copyright and Related Rights - "Urheberrechtsgesetz", "UrhG") that subsist in respect of the Licensed Materials. 2.4 For the avoidance of doubt, nothing in this Agreement is intended to limit in any way whatsoever the Licensee rights under the fair dealing provisions set out in the Copyright Designs and Patents Xxx 0000 Act 1988 (as may be re-enacted or modified) or if such acts take place outside the UK, in accordance with any equivalent legislation applicable in that territory (for example under the US Copyright Act of 1976, 17 U.S.C. § 107 and uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with copyright protection under German copyright law).

Authorised Use of Licensed Materials. 2.1 The Licensee may permit Authorised Users to use the Licensed Materials on the terms set out herein and on condition that such Authorised Users do not grant any further sub-licence. 2.2 The For the purposes of this Agreement "Authorised Users" are: (1) full and part time students (including students enrolled in distance education programs offered or sponsored by the Licensee) and employees (including faculty, staff, alumni, affiliated researchers and independent contractors) of the Licensee who in all cases need access to the Licensed Materials for the purposes of their research, education, teaching or other non-commercial use. Any off-campus access shall be provided only for individuals authenticated as an Authorized User of Licensee; and (2) Walk-ins, namely guests or patrons who are not affiliated with the Licensees but who are members of the public and physically present on Licensee’s campus, may also have access to the Licensed Materials. 2.3 Authorised Users may only use the Licensed Materials for the purposes of research, education, teaching or other non-commercial use and and, subject to the foregoing, the Licensee (for 2.2 (4) by support of the Institutions) may: (1) download unlimited portions no more than 10% of the total Licensed Materials and make such local temporary copies of the Licensed Materials as are necessary to ensure efficient use of the Licensed Materials by the Authorised Usersper 12-month subscription, provided that such use is subject to all the terms and conditions of this Agreementor 25% per individual title; (2) store in electronic format in secure electronic data files or print a reasonable portion of the Licensed Materials for use only in connection with specific courses of instruction offered by the Licensee; (3) provide Authorised Users with an integrated access and index to the Licensed Materials and all other similar material acquired from other sources. The Licensed Materials or Parts thereof may be compiled, indexed and/or catalogued (including, without limitation, the header data and abstracts) by the Licensee and the Institutions. Anything thereby created or compiled may be integrated into the products and services of the Licensee and the Institutions. Metadata may be integrated by links into local catalogue systems, regional or nationwide union catalogue systems, other library services and information systems operated by third parties (including but not limited to search engines of commercial corporations provided that the Metadata is not sold, lent, re-licensed, or distributed in any manner that violates the terms and conditions of the Licence Agreement). The Licensed Materials can be integrated by the licensee or a third party authorised by the licensee without restriction (including, but not limited to) in digital course reserve collections, in virtual research environments in which Licensee participate as well as in the virtual specialised libraries operated by Licensee; (4) engage in text mining/data mining activities in relation to the Licensed Materials, subject to obtaining the Licensor's ’s prior written consent as set out in section Section 3.2 herein if such activities involve automated extraction of data directly from the Licensed Materials; (5) supply to a user of another library (whether by post, fax or secure electronic transmission) a single copy of an electronic original of an individual document including any supplementary content published in connection to the document, a practice commonly known as Interlibrary Loan; (6) allow Authorised Users to: - Make such local temporary copies of the Licensed Materials as are necessary to ensure efficient use of the Licensed Materials, provided that such use is subject to all the terms and conditions of this Licence Agreement; - Access the Licensed Materials by Secure Authentication in order to search, retrieve, display and view the Licensed Materials; - Electronically save Parts of the Licensed Materials; - Print out single copies of Parts of the Licensed Materials; - Incorporate Parts of the Licensed Materials in printed and electronic course packs, study packs, resource lists and in any other material (including but not limited to multi-media works) and/or in virtual and managed environments (including but not limited to virtual learning environments, managed learning environments, virtual research environments and library environments) hosted on a Secure Network. Each item has to carry appropriate acknowledgement of the source, listing title and author. - Incorporate Parts of the Licensed Materials in printed or electronic form in assignments and portfolios, theses and in dissertations ("the Academic Works"), including reproductions of the Academic Works for personal use and library deposit. Reproductions in printed or electronic form of Academic Works may be provided to sponsors of such Academic Works. Each item has to carry appropriate acknowledgement of the source; (7) Course packs in non-electronic, non-print perceptible form, such as Braille, may also be offered to Authorised Users; (8) store in electronic format in secure electronic data files all or any portion of the Licensed Materials for the sole purpose of data mining; and (94) permit its Authorised Users to transmit to a third-third party colleague collaborator in hard copy or electronically, minimal, insubstantial amounts (defined as no more than 5% [five percent] of the total collection each individual title of the Licensed Materials) of the Licensed Materials for personal use or scholarly, educational or scientific research. (10) commission a third party with support for any permission stated in this License Agreement. Save for video Video content which is excluded for the purposes of downloading, storing, printing printing, and transmittingtransmitting Licensed Materials under this Section 2.3. 2.3 The 2.4 Licensor and Licensee shall comply with all applicable laws in performing its their obligations and exercising its their rights under this Agreement Agreement, including without limitation, all applicable data privacy and information-security related laws, rules, and regulations (collectively, “Applicable Law”) and in particular the Licensee Licensees shall not License Agreement infringe any moral rights (as defined in Chapter IV of the Copyright, Designs and Patents Act 1988 or if such as German Act on Copyright and Related Rights - "Urheberrechtsgesetz"acts take place outside the UK, "UrhG"in accordance with any equivalent legislation applicable in that territory) that subsist in respect of the Licensed Materials. 2.4 2.5 For the avoidance of doubt, nothing in this Agreement is intended to limit in any way whatsoever the Licensee Licensee’s rights under the fair dealing provisions set out in the Copyright Designs and Patents Xxx 0000 Act 1988 (as may be re-enacted or modified) or if such acts take place outside the UK, in accordance with any equivalent legislation applicable in that territory (for example under the US Copyright Act of 1976, 17 U.S.C. § 107 and uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with copyright protection under German copyright law107).