Common use of Fair Dealing Clause in Contracts

Fair Dealing. Notwithstanding any other provisions of this Agreement, nothing shall in any way restrict or limit the ability of Member Institutions, Authorized Users or Walk-in Users to engage in or conduct any activity that is otherwise permitted under Canadian copyright laws, including without limitation pursuant to any fair dealing exceptions,. ALTER or MODIFY the Licensed Materials as necessary to provide an equivalent level of service to Authorized Users with appropriately documented print or other disabilities, including providing closed captioning, transcripts, and described video. COURSEPACKS / ELECTRONIC RESERVES / VIRTUAL LEARNING. Member Institutions and Authorized Users may incorporate parts of the Licensed Material in course packs, study packs, resource lists and in any other material (including but not limited to multi-media works) to be used in the course of instruction 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 (only accessible to Authorized Users by Secure Authentication). Each item shall carry appropriate acknowledgement of the source, listing title and copyright owner. Course packs in non-electronic non-print perceptible form, such as Braille, may also be offered to Authorized Users. If the Licensor does not have the right to grant all rights under 3.7 for all Licensed Materials, these rights will apply exclusively to the content for which the Licensor does have such rights, as specified in the attached Schedule(s). FEDERATED SEARCH. Member Institutions and Authorized Users may include the Licensed Material in federated or metasearch services. DATA and TEXT MINING. Member Institutions and Authorized Users may conduct research employing data or text mining of the Licensed Materials and disseminate results publicly for non-commercial purposes. TRAINING AND MARKETING MATERIALS. Member Institutions may display, download (only content designated by Licensor as downloadable) or print the Licensed Materials for the purpose of internal marketing or testing or for training Authorized Users or groups of Authorized Users.