Common use of PERPETUAL ACCESS AND USE Clause in Contracts

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. Providing that full payment of the total purchase price is made, per Section 2, a Member Participating Institution retains the right to perpetual access Perpetual Access to the digital version of the purchased ebooks on the Licensor’s server. [Negotiable] So long as the Member Participating Institution has purchased access to an eBook Collection ebook collection within the previous 24-month period, perpetual access Perpetual Access to previously purchased ebooks will be made available on the Licensor’s server at no charge. Should a Member Participating Institution not have purchased any further eBook Collections ebook collections in the previous 24-month period, Licensor reserves the right to charge a reasonable annual fee to that Member Participating Institution to recover the costs for providing continuing access and customer support on the Licensor’s platform. Member Participating Institutions may participate in the archiving of one complete copy of the Licensed MaterialsMaterial, and to use such archived Licensed Materials Material in the event the Licensor discontinues or suspends selling or licensing the Licensed MaterialsMaterial. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. Licensed Materials Material may be made available to any Member Participating Institutions who indicate a right to those Licensed MaterialsMaterial. Licensor acknowledges that Licensee and Member Participating Institutions may engage the services of third-third- party trusted archives and/or participate in collaborative archiving endeavors such asPortico(Portico, CLOCKSS, LOCKSS, or Scholars Portal Portal) to exercise Licensee and Member Participating Institutions’ rights under this Agreement. Licensee and Member Participating Institutions agree to cooperate with such archiving entities and/or initiatives as reasonably necessary to make the Licensed Materials Material 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. The parties have executed this exhibit by their respective, duly authorized representatives on the dates written below. FOR THE LICENSOR: [Full Name] Name: Position / Title: Signature: Date: FOR THE LICENSEE AND PARTICIPATING INSTITUTIONS: [Full Name] Name: Position / Title: Signature: Date: EXHIBIT B Terms and Conditions of Use for eBooks Subscription Terms and Conditions [Select this Exhibit exhibit for subscription eBooksebooks] This Exhibit B is dated ______________ to the Agreement dated ___________ between [name of Licensor] and Licensee and the Member InstitutionsParticipating Institutions of the Ontario College Library Service, as listed below. Licensor hereby grants to Licensee and Member Participating Institutions on its own behalf, and on behalf of the Member Participating Institutions, a License Licence pursuant to the terms of the this Agreement and this Exhibitexhibit.

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-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. The Parties have executed this Exhibit by their respective, duly authorized representatives on the dates written below. FOR THE LICENSOR: [Full Name] Name: __________________________________________________________________ Position / Title: ___________________________________________________________ Signature: _______________________________________________________________ Date: ___________________________________________________________________ FOR THE LICENSEE AND MEMBER INSTITUTIONS: [Full Name] Name: __________________________________________________________________ Position / Title: ___________________________________________________________ Signature: _______________________________________________________________ Date: ___________________________________________________________________ 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. 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 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 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 asPorticoas Portico, 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. Providing that full payment of the total purchase price is made, per Section 2, a Participating 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 Participating 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 Participating 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 Participating Member Institution to recover the costs for providing continuing access and customer support on the Licensor’s platform. Member Institutions Participating Members 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 [CONSORTIUM] participants 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(Portico, CLOCKSS, LOCKSS, or Scholars Portal Portal) to exercise Licensee and Member Institutions’ Licensee’s rights under this Agreement. Licensee and Member Institutions agree agrees to cooperate with such archiving entities and/or initiatives as reasonably necessary to make the Licensed Materials available for archiving purposes. Such Licensee may perpetually use shall be in accordance the third-party trusted system to access or store the Licensed Materials, so long as Licensee's use is otherwise consistent with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The Consortium or Member may participate in networks with other Libraries or Consortia for the purposes of ensuring preservation (e.g., LOCKSS networks), but not for providing access to other members of such networks not included in this Agreement. The Parties have executed this Exhibit by their respective, duly authorized representatives on the dates written below. FOR LICENSOR FOR BC ELN Name Name Title Title Signature Signature Date Date EXHIBIT B Terms and Conditions of Use for eBooks Subscription Terms and Conditions [Select 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 the Consortium on its own behalf, and on behalf of the Member InstitutionsMembers, a License pursuant to the terms of the Agreement and this Exhibit.