Common use of Educational Purposes Clause in Contracts

Educational Purposes. The use for the purpose of education, teaching, distance learning, private study and/or research. Institutions: Higher education institutions financed either by public or private funding; national, regional and state libraries; academic specialist libraries mainly financed by public funding (excl. project funds); research institutions mainly financed by public funding (excl. project funds); governmental institutions; including any of such above mentioned types of German institutions abroad, and all to be specified in Schedule 2. Intellectual Property Rights: Patents, trademarks, trade names, design rights, copyright (including rights in computer software and moral rights), database rights. rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world. License Fee: The fee as set out in Schedule 3. The fee shall be in line with the offer agreed between the Licensee and the Publisher. Licensed Material: The material listed in Schedule 4, including corresponding metadata, supplementary content and digital objects. For the avoidance of doubt, in case of Local Hosting the Licensed Material to be delivered by the Licensor means full texts incl. all digital objects, supplementary content and Metadata. Local Hosting: Housing, serving and maintaining files on Licensee's Local Hosting Server in Germany or on the servers of a third party. Metadata: Bibliographical, structural amp; descriptive data of the Licensed Material as defined in Schedule 6. Publisher's Platform: Own or third party server used by Publisher to give access to Licensed Material. Part (of Licensed Material): Any pan, component, fragment of the Licensed Material that is used, separated and/or cited in a self-contained manner. Open Access: This definition is based on the "Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities" which postulates two necessary criteria: The author(s) and right holder(s) of such [open access] contributions grant(s) to all users a free, irrevocable, worldwide, right of access to, and a License to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship (community standards, will continue to provide the mechanism for enforcement of proper attribution and responsible use of the published work, as they do now), as well as the right to make small numbers of printed copies for their personal use.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

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Educational Purposes. The use for the purpose of education, teaching, distance learning, private study and/or research. Institutions: Higher education institutions financed either by public or private funding; national, regional and state libraries; academic specialist libraries mainly financed by public funding (excl. project funds); research institutions mainly financed by public funding (excl. project funds); governmental institutions; including any of such above mentioned types of German institutions abroad, and all to be specified in Schedule 2. Intellectual Property Rights: Patents, trademarks, trade names, design rights, copyright (including rights in computer software and moral rights), database rights. rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world. License Fee: The fee as set out in Schedule 3. The fee shall be in line with the offer agreed between the Licensee and the Publisher. Licensed Material: The material listed in Schedule 4, including corresponding metadata, supplementary content and digital objects. For the avoidance of doubt, in case of Local Hosting the Licensed Material to be delivered by the Licensor means full texts incl. all digital objects, supplementary content and Metadata. Local Hosting: Housing, serving and maintaining files on Licensee's Local Hosting Server in Germany or on the servers of a third party. Metadata: Bibliographical, structural amp; & descriptive data of the Licensed Material as defined in Schedule 6. Publisher's Platform: Own or third party server used by Publisher to give access to Licensed Material. Part (of Licensed Material): Any pan, component, fragment of the Licensed Material that is used, separated and/or cited in a self-contained manner. Open Access: This definition is based on the "Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities" which postulates two necessary criteria: The author(s) and right holder(s) of such [open access] contributions grant(s) to all users a free, irrevocable, worldwide, right of access to, and a License to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship (community standards, will continue to provide the mechanism for enforcement of proper attribution and responsible use of the published work, as they do now), as well as the right to make small numbers of printed copies for their personal use. A complete version of the work and all supplemental materials, including a copy of the permission as stated above, in an appropriate standard electronic format is deposited (and thus published) in at least one online repository using suitable technical standards (such as the Open Archive definitions) that is supposed and maintained by an academic institution, scholarly society, government agency, or other well established organization that seeks to enable open access, unrestricted distribution, interoperability, and long-term archiving (s. § 2.3) Secure Authentication: Method to identify Contractually Defined Users as defined in Schedule 5. Secure Network: A network which is only accessible to Contractually Defined Users by Secure Authentication. Source (of Licensed Material or Parts thereof): Denomination of the origin of, author of, holder of title in the Licensed Material or Part hereof. Subscription Period: The period nominally covered by the volumes and issues of the Licensed Material as identified in Schedule 4, regardless of the actual date of publication. Term: Period of time reflecting the duration since coming into force of this License Agreement. Headings contained in this License Agreement are for reference purposes only and shall not be deemed to be indication of the meaning of the clause to which they relate. Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.

Appears in 1 contract

Samples: License Agreement

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