PERPETUAL ACCESS AND USE. Providing that full payment of the total purchase price is made, per Section 2, a Member Institution retains the right to perpetual access to the digital version of the purchased ebooks on the Licensor’s server. [Negotiable] So long as the Member Institution has purchased access to an eBook Collection within the previous 24-month period, perpetual access to previously purchased ebooks will be made available on the Licensor’s server at no charge. Should a Member Institution not have purchased any further eBook Collections in the previous 24-month period, Licensor reserves the right to charge a reasonable annual fee to that Member Institution to recover the costs for providing continuing access and customer support on the Licensor’s platform. Member Institutions may participate in the archiving of one complete copy of the Licensed Materials, and to use such archived Licensed Materials in the event the Licensor discontinues or suspends selling or licensing the Licensed Materials. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. Licensed Materials may be made available to any Member Institutions who indicate a right to those Licensed Materials. Licensor acknowledges that Licensee and Member Institutions may engage the services of third-party trusted archives and/or participate in collaborative archiving endeavors such asPortico, CLOCKSS, LOCKSS, or Scholars Portal to exercise Licensee and Member Institutions’ rights under this Agreement. Licensee and Member Institutions agree to cooperate with such archiving entities and/or initiatives as reasonably necessary to make the Licensed Materials available for archiving purposes. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. EXHIBIT B Terms and Conditions of Use for eBooks Subscription Terms and Conditions [Select this Exhibit for subscription eBooks] This Exhibit B is dated ______________ to the Agreement dated ___________ between [name of Licensor] and Licensee and the Member Institutions, as listed below. Licensor hereby grants to Licensee and Member Institutions on its own behalf, and on behalf of the Member Institutions, a License pursuant to the terms of the Agreement and this Exhibit.
PERPETUAL ACCESS AND USE. For as long as SAGE provides a service of hosting the Product(s) on its platform, and subject to payment by Customer of all Fees due under the Agreement and this Exhibit, Customer, the Institutions (if applicable) and Authorized Users shall have unlimited perpetual access to the Product(s), 24 hours/day, seven days/week subject to the terms of the Agreement and this Exhibit (the “Hosting Service”). Notwithstanding the foregoing, SAGE reserves the right to interrupt the Hosting Service without prior notice to resolve any technical issues that may arise at any time as determined in SAGE’s sole and absolute discretion. Customer’s use of the Product(s) shall be subject to the terms of the Agreement and this Exhibit. SAGE shall have the right at any time as determined in its sole discretion to cease providing the Hosting Service. In the event SAGE elects to cease providing the Hosting Service, Customer shall have the right to self-host the Product(s) or engage a third party at no cost to SAGE to host the Product(s) in which case upon written request by Customer, SAGE shall supply Customer with a digital copy of the Product(s)’ content in a form and format designated by SAGE. Customer acknowledges and agrees that in the event of such self-hosting or third-party hosting, Customer’s perpetual use of the Product(s) shall continue to be governed by the terms of the Agreement.
