Common use of PUBLISHER’S UNDERTAKINGS Clause in Contracts

PUBLISHER’S UNDERTAKINGS. 6.1 The Publisher shall: 6.1.1 Make the Licensed Materials available to the Licensee from the Server in the media, format and time schedule. The Publisher will notify the Licensee at sixty (60) days in advance of any anticipated specification change applicable to the Licensed Materials. If the changes render the Licensed Materials less useful in a material respect to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4. 6.1.2 Provide the Licensee within 30 days of commencement, with information sufficient to enable the Licensee to access the Licensed Material. 6.2 The Publisher reserves the right at any time to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. The Publisher shall give written notice to the Licensee of such withdrawal. If the withdrawal results in the Licensed Materials being no longer useful to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4. 6.3 Except as expressly provided in this License, the Publisher makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the Licensed Materials, merchantability or fitness of use for a particular purpose. The Licensed Materials are supplied ‘as is’. 6.4 Except as provided in Clause 6.1, under no circumstances shall the Publisher be liable to the Licensee or any other person, including but not limited to Authorised Users, for any special, exemplary, incidental or consequential damages of any character arising out of the inability to use, or the use of, the Licensed Materials. Irrespective of the cause or form of action, the Publisher’s aggregate liability for any claims, losses, or damages arising out of any breach of this Licence shall in no circumstances exceed the Fee paid by Licensee to the Publisher under this Licence in respect of the Subscription Period during which such claim, loss or damage occurred. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. Regardless of the cause or form of action, the Licensee may bring no action arising from this Licence more than twelve (12) months after the cause of action arises.

PUBLISHER’S UNDERTAKINGS. 6.1 8.1 The Publisher warrants to the Licensee that the Licensed Materials used as contemplated by this Licence do not infringe the copyright or any other proprietary or intellectual property rights of any person. The Publisher shall indemnify and hold the Licensee harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the Licensee claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this Licence for any reason. This indemnity shall not apply if the Licensee has amended the Licensed Materials in any way not permitted by this Licence. 8.2 The Publisher shall: 6.1.1 Make 8.2.1 make the Licensed Materials available to the Licensee from the Server via the Internet. Access shall be authenticated by Internet Protocol Address, OpenAthens or Shibboleth as specified in the media, format and time scheduleSchedule 1. The Publisher will notify the Licensee at least sixty (60) days in advance of any anticipated specification change applicable to the Licensed Materials. If the changes render the Licensed Materials less useful in a material respect to the Licensee, the Licensee may within thirty (30) days of such notice treat such changes as a breach of this License Licence under Clauses 9.1.2 and 9.4clause 11.1.2. 6.1.2 Provide 8.2.2 use reasonable endeavours to make available the Licensee electronic copy of each journal issue in the Licensed Materials not later than the day of publication of the printed version. In the event that for technical reasons this is not possible for any particular journal, as a matter of course, such journal shall be identified at the time of licensing, together with such reasons. 8.2.3 provide the Licensee, within 30 thirty (30) days of commencementthe date of this Licence, with information sufficient to enable the Licensee to access the Licensed Material. 6.2 8.2.4 use reasonable endeavours to ensure that the Server has adequate capacity and bandwidth to support the usage of the Licensee at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, as such standards evolve from time to time over the term of this Licence. 8.2.5 use reasonable endeavours to make the Licensed Materials available to the Licensee and to Authorised Users at all times and on a twenty-four hour basis, save for routine maintenance (which shall be notified to the Licensee in advance wherever possible), and to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of the service. 8.3 The Publisher reserves the right at any time time: 8.3.1 to make changes or correction and to alter, update or upgrade any aspect of the Licensed Materials; 8.3.2 to vary the technical specification of any of the Licensed Materials or of any software included therein; and 8.3.3 to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. 8.4 Where the Publisher exercises its rights to withdraw any substantial part of the Licensed Materials under clause 8.3, if the withdrawal represents more than ten per cent (10%) of the book, journal or other publication in which it appeared, the Publisher shall refund to the Licensee that part of the Fee that is in proportion to the amount of material withdrawn and the remaining un-expired portion of the Subscription Period. 8.5 The Publisher undertakes to use reasonable endeavours to provide or to make arrangements for a third party (via LOCKSS and CLOCKSS) to provide an archive of the Licensed Materials for the purposes of long term preservation of the Licensed Materials, and to permit Authorised Users to access such archive after termination of this Licence. 8.6 Collection and analysis of data on the usage of the Licensed Materials will assist both the Publisher and the Licensee to understand the impact of this Licence. The Publisher shall give written notice provide to the Licensee or facilitate the collection and provision to the Licensee and the Publisher by the Licensee of such withdrawal. If usage data on the withdrawal results in number of articles downloaded, by journal title, on an annual basis for the Licensed Materials being no longer useful to Publisher’s and the Licensee’s private internal use only. Such usage data shall be compiled in a manner consistent with applicable privacy and data protection laws and as may be agreed between the parties from time to time, and the anonymity of individual users and the confidentiality of their searches shall be fully protected. In the case that the Publisher assigns its rights to another party under clause 12.3, the Licensee may within thirty days of at its discretion require the assignee either to keep such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4usage information confidential or to destroy it. 6.3 Except as expressly provided in this License8.7 EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENCE, the Publisher makes no representations or warranties of any kindTHE PUBLISHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, express or impliedEXPRESS OR IMPLIED, includingINCLUDING, but not limited toBUT NOT LIMITED TO, warranties of designWARRANTIES OF DESIGN, accuracy of the information contained in the Licensed MaterialsACCURACY OF THE INFORMATION CONTAINED IN THE LICENSED MATERIALS, merchantability or fitness of use for a particular purposeMERCHANTABILITY OR FITNESS OF USE FOR A PARTICULAR PURPOSE. The Licensed Materials are supplied THE LICENSED MATERIALS ARE SUPPLIED ‘as isAS IS’. 6.4 Except as provided in Clause 6.18.8 EXCEPT AS PROVIDED IN CLAUSE 8.1, under no circumstances shall the Publisher be liable to the Licensee or any other personUNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE TO THE LICENSEE OR ANY OTHER PERSON, including but not limited to Authorised UsersINCLUDING BUT NOT LIMITED TO AUTHORISED USERS, for any specialFOR ANY SPECIAL, exemplaryEXEMPLARY, incidental or consequential damages of any character arising out of the inability to useINCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE INABILITY TO USE, or the use ofOR THE USE OF, the Licensed MaterialsTHE LICENSED MATERIALS. Irrespective of the cause or form of actionIRRESPECTIVE OF THE CAUSE OR FORM OF ACTION, the Publisher’s aggregate liability for any claimsTHE PUBLISHER’S AGGREGATE LIABILITY FOR ANY CLAIMS, lossesLOSSES, or damages arising out of any breach of this Licence shall in no circumstances exceed the Fee paid by Licensee to the Publisher under this Licence in respect of the Subscription Period during which such claimOR DAMAGES ARISING OUT OF ANY BREACH OF THIS LICENCE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAID BY LICENSEE TO THE PUBLISHER UNDER THIS LICENCE IN RESPECT OF THE SUBSCRIPTION PERIOD DURING WHICH SUCH CLAIM, loss or damage occurredLOSS OR DAMAGE OCCURRED. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remediesTHE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. Regardless of the cause or form of actionREGARDLESS OF THE CAUSE OR FORM OF ACTION, the Licensee may bring no action arising from this Licence more than twelve THE LICENSEE MAY BRING NO ACTION ARISING FROM THIS LICENCE MORE THAN SIX (126) months after the cause of action arisesMONTHS AFTER THE CAUSE OF ACTION ARISES.

PUBLISHER’S UNDERTAKINGS. 6.1 The Publisher warrants to the Licensee that the Licensed Materials do not infringe the copyright or any other proprietary or intellectual property rights of any person. The Publisher shall indemnify and hold the Licensee harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the Licensee claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this Licence for any reason. This indemnity shall not apply if the Licensee has amended the Licensed Materials in any way not permitted by this Licence. 6.2 The information contained in the Licensed Materials, including any expression of opinion and any projection or forecast, has been obtained from or is based upon sources believed by the Publisher to be reliable but is not guaranteed as to accuracy or completeness. The information is supplied without obligation and on the understanding that any person who acts upon it or otherwise changes his/her position in reliance thereon does so entirely as his/her own risk. The Licensed Materials have been created by digitising content originally published between 1930 and 2003, and as such may contain terminology or expressions no longer considered acceptable or desirable by modern standards. In no circumstances will the Publisher be liable for damages arising out of the inclusion of such content. The Licensed Materials are provided "as is". 6.3 The Publisher shall: 6.1.1 6.3.1 Make the Licensed Materials available to the Licensee from the Server or in the media, format and time scheduleschedule specified in Schedule 2. The Publisher will notify the Licensee at sixty thirty (6030) days in advance of any major anticipated specification change applicable to the Licensed Materials. If . 6.3.2 Upon receipt of the changes render the Licensed Materials less useful in a material respect to the Licenseesigned Licence, provide the Licensee may within thirty days of such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4. 6.1.2 Provide the Licensee within 30 days of commencement, promptly with information sufficient to enable the Licensee to access the Licensed Material. 6.2 6.3.3 Use reasonable endeavours to ensure that the Server has adequate capacity and bandwidth to support the usage of the Licensee at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, as such standards evolve from time to time over the term of this Licence. 6.3.4 Use reasonable endeavours to make the Licensed Materials available to the Licensee and to Authorised Users at all times and on a twenty-four hour basis, save for routine maintenance and to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of the service. 6.4 The Publisher reserves the right at any time to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. 6.5 Collection and analysis of data on the usage of the Licensed Materials will assist both the Publisher and the Licensee to understand the impact of this Licence. The If required by the Licensee, the Publisher shall give written notice facilitate the collection and provision to the Licensee of such withdrawal. If usage data on the withdrawal results in number of user sessions on a monthly basis for the Licensed Materials being no longer useful to Publisher’s and the Licensee’s private internal use only. Such usage data shall be compiled in a manner consistent with applicable privacy and data protection laws, and in accordance with accepted industry standards, and the anonymity of individual users and the confidentiality of their searches shall be fully protected. Instructions on how access to such usage data can be enabled can be found on the Publisher's website at xxxx://xxx.xxxx.xxx/Statistics/stindex.asp. In the case that the Publisher assigns its rights to another party under clause 10.3, the Licensee may within thirty days of at its discretion require the assignee either to keep such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4usage information confidential or to destroy it. 6.3 Except as expressly provided in this License6.6 UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE TO THE LICENSEE OR ANY OTHER PERSON, the Publisher makes no representations or warranties of any kindINCLUDING BUT NOT LIMITED TO AUTHORISED USERS, express or impliedFOR ANY SPECIAL, includingEXEMPLARY, but not limited toINCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE INABILITY TO USE, warranties of designOR THE USE OF, accuracy of the information contained in the Licensed MaterialsTHE LICENSED MATERIALS. IRRESPECTIVE OF THE CAUSE OR FORM OF ACTION, merchantability or fitness of use for a particular purposeTHE PUBLISHER'S AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OF THIS LICENCE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAID BY LICENSEE TO THE PUBLISHER UNDER THIS LICENCE. The Licensed Materials are supplied ‘as is’THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. 6.4 Except as provided in Clause 6.1, under no circumstances shall the Publisher be liable to the Licensee or any other person, including but not limited to Authorised Users, for any special, exemplary, incidental or consequential damages of any character arising out of the inability to use, or the use of, the Licensed Materials. Irrespective of the cause or form of action, the Publisher’s aggregate liability for any claims, losses, or damages arising out of any breach of this Licence shall in no circumstances exceed the Fee paid by Licensee to the Publisher under this Licence in respect of the Subscription Period during which such claim, loss or damage occurred. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. Regardless of the cause or form of action, the Licensee may bring no action arising from this Licence more than twelve (12) months after the cause of action arises.

PUBLISHER’S UNDERTAKINGS. 6.1 5.1 The Publisher warrants to the Subscriber that the Licensed Material used as contemplated by this Licence does not infringe the copyright or any other proprietary or intellectual property rights of any person. The Publisher shall indemnify and hold the Subscriber harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the Subscriber claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this Licence for any reason. This indemnity shall not apply if the Subscriber has amended the Licensed Material in any way not permitted by this Licence. 5.2 The Publisher shall: 6.1.1 Make 5.2.1 make the Licensed Materials Material available to the Licensee from Subscriber via the Publisher’s server or the server of a third party during the period for which the print subscription of the Licensed Material is purchased by the Subscriber as specified in Schedule 1. 5.2.2 use reasonable endeavours to ensure that the Server in has adequate capacity and bandwidth to support the mediausage of the Subscriber at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, format as such standards evolve from time to time over the term of this Licence. 5.2.3 use reasonable endeavours to make the Licensed Material available to the Subscriber and time schedule. The Publisher will notify the Licensee to Authorised Users at sixty (60) days in advance of any anticipated specification change applicable all times and on a twenty-four hour basis, save for routine maintenance and to restore access to the Licensed Materials. If Material as soon as possible in the changes render event of an interruption or suspension of the Licensed Materials less useful in a material respect to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4service. 6.1.2 Provide 5.2.4 provide the Licensee Subscriber within 30 days of commencementthe conclusion of this Licence, with information sufficient to enable the Licensee Subscriber to access the Licensed Material. 6.2 5.3 The Publisher reserves the right at any time to withdraw from the Licensed Materials Material any item or part of an item for which it no longer retains the right to publishpublish or make it available to third parties, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. The Publisher shall give written notice . 5.4 Under present policy, the Subscriber is also given access to issues published prior to the Licensee of such withdrawalsubscription period. If Such access is given on an ex gratia basis and no right is hereby created for the withdrawal results in the Licensed Materials being no longer useful Subscriber to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4use or access any material other than that for which an institutional print subscription has been purchased. 6.3 Except as expressly provided in this License, 5.5 The online access service offered by the Publisher makes no representations or warranties of any kindis based on the currently valid technical, express or implied, including, but not limited to, warranties of design, accuracy of legal and economic outline conditions for the information contained in the Licensed Materials, merchantability or fitness of use for a particular purpose. The Licensed Materials are supplied ‘as is’. 6.4 Except as provided in Clause 6.1, under no circumstances shall the Publisher be liable to the Licensee or any other person, including but not limited to Authorised Users, for any special, exemplary, incidental or consequential damages of any character arising out of the inability to use, or the use of, the Licensed Materials. Irrespective of the cause or form of action, the Publisher’s aggregate liability for any claims, losses, or damages arising out of any breach of this Licence shall in no circumstances exceed the Fee paid by Licensee to the Publisher under this Licence in respect of the Subscription Period during which such claim, loss or damage occurred. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. Regardless of the cause or form of action, the Licensee may bring no action arising from this Licence more than twelve (12) months after the cause of action arises.data

PUBLISHER’S UNDERTAKINGS. 6.1 The Publisher shall: 6.1.1 Make the Licensed Materials available to the Licensee from the Server in the media, format and time schedule. The Publisher will notify the Licensee at sixty (60) days in advance of any anticipated specification change applicable to the Licensed Materials. If the changes render the Licensed Materials less useful in a material respect to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4. 6.1.2 Provide the Licensee within 30 days of commencement, with information sufficient to enable the Licensee to access the Licensed Material. 6.2 The Publisher reserves the right at any time to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. The Publisher shall give written notice to the Licensee of such withdrawal. If the withdrawal results in the Licensed Materials being no longer useful to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4. 6.3 Except as expressly provided in this License, the Publisher makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the Licensed Materials, merchantability or fitness of use for a particular purpose. The Licensed Materials are supplied ‘as is’. 6.4 Except as provided in Clause 6.1, under no circumstances shall the Publisher be liable to the Licensee or any other person, including but not limited to Authorised Users, for any special, exemplary, incidental or consequential damages of any character arising out of the inability to use, or the use of, the Licensed Materials. Irrespective of the cause or form of action, the Publisher’s aggregate liability for any claims, losses, or damages arising out of any breach of this Licence shall in no circumstances exceed the Fee paid by Licensee to the Publisher under this Licence in respect of the Subscription Period during which such claim, loss or damage occurred. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. Regardless of the cause or form of action, the Licensee may bring no action arising from this Licence more than twelve (12) months after the cause of action arises.foregoing

PUBLISHER’S UNDERTAKINGS. 6.1 5.1 The Publisher warrants to the Subscriber that the Licensed Material used as contemplated by this Licence does not infringe the copyright or any other proprietary or intellectual property rights of any person. The Publisher shall indemnify and hold the Subscriber harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the Subscriber claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this Licence for any reason. This indemnity shall not apply if the Subscriber has amended the Licensed Material in any way not permitted by this Licence. 5.2 The Publisher shall: 6.1.1 Make 5.2.1 make the Licensed Materials Material available to the Licensee from Subscriber via the Publisher’s server or the server of a third party during the period for which the print subscription of the Licensed Material is purchased by the Subscriber as specified in Schedule 1. 5.2.2 use reasonable endeavours to ensure that the Server in has adequate capacity and bandwidth to support the mediausage of the Subscriber at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, format as such standards evolve from time to time over the term of this Licence. 5.2.3 use reasonable endeavours to make the Licensed Material available to the Subscriber and time schedule. The Publisher will notify the Licensee to Authorised Users at sixty (60) days in advance of any anticipated specification change applicable all times and on a twenty-four hour basis, save for routine maintenance and to restore access to the Licensed Materials. If Material as soon as possible in the changes render event of an interruption or suspension of the Licensed Materials less useful in a material respect to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4service. 6.1.2 Provide 5.2.4 provide the Licensee Subscriber within 30 days of commencementthe conclusion of this Licence, with information sufficient to enable the Licensee Subscriber to access the Licensed Material. 6.2 5.3 The Publisher reserves the right at any time to withdraw from the Licensed Materials Material any item or part of an item for which it no longer retains the right to publishpublish or make it available to third parties, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. 5.4 Under present policy, the Subscriber is also given access to issues published prior to the subscription period. Such access is given on an ex gratia basis and no right is hereby created for the Subscriber to use or access any material other than that for which an institutional print subscription has been purchased. 5.5 The online access service offered by the Publisher is based on the currently valid technical, legal and economic outline conditions for the data networks used. The Publisher shall give written notice to place of data transfer is the Licensee of such withdrawal. If the withdrawal results in the Licensed Materials being no longer useful to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4. 6.3 Except as expressly provided in this License, the Publisher makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the Licensed Materials, merchantability or fitness of use for a particular purpose. The Licensed Materials are supplied ‘as is’. 6.4 Except as provided in Clause 6.1, under no circumstances shall the Publisher be liable to the Licensee or any other person, including but not limited to Authorised Users, for any special, exemplary, incidental or consequential damages of any character arising out of the inability to use, or the use of, the Licensed Materials. Irrespective of the cause or form of action, interface between the Publisher’s aggregate liability for any claims, losses, or damages arising out of any breach of this Licence shall in no circumstances exceed third party’s server and the Fee paid by Licensee to the Publisher under this Licence in respect of the Subscription Period during which such claim, loss Internet or damage occurredother data networks. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. Regardless of the cause or form of action, the Licensee may bring no action arising from this Licence more than twelve (12) months after the cause of action arises.Publisher’s responsibility for data transfer ends at

PUBLISHER’S UNDERTAKINGS. 6.1 8.1 The Publisher shall: 6.1.1 Make warrants to the Licensee that the Licensed Materials available to used as in accordance with the Licensee from terms of this Licence, do not infringe the Server in the media, format and time schedule. The Publisher will notify the Licensee at sixty (60) days in advance copyright or any other proprietary or Intellectual Property Rights of any anticipated specification change applicable to the Licensed Materials. If the changes render the Licensed Materials less useful in a material respect to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4third party. 6.1.2 Provide the Licensee within 30 days of commencement, with information sufficient to enable the Licensee to access the Licensed Material. 6.2 8.2 The Publisher reserves the right at any time to withdraw from any or any part of the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright the Intellectual Property Rights of any third party or is defamatory, obscene, unlawful or otherwise objectionable. The In the event of any such withdrawal the Publisher shall give written notice to the Licensee of such withdrawal. If the withdrawal results in same and the Licensed Materials being no longer useful Publisher will provide the Licensee with a prorated monetary refund of the Fees attributable to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under Clauses 9.1.2 and 9.4withdrawn Licensed Materials. 6.3 8.3 Except as expressly provided in this LicenseLicence, the Publisher makes no representations or warranties of any kind, express or implied, including, including but not limited to, warranties of design, accuracy of the information contained in the Licensed Materials, merchantability or fitness of use for a particular purpose. The Licensed Materials are supplied ‘as is’. 6.4 Except as provided in Clause 6.18.4 The Publisher: 8.4.1 does not warrant that the Licensee's use of the Secure Network will be uninterrupted or error-free; or that the Online Services or any Licensed Material obtained through the Secure Network will meet the Licensee's requirements; and 8.4.2 is not responsible for any delays, under no circumstances shall the Publisher be liable to the Licensee delivery failures, or any other person, including but not limited to Authorised Users, for any special, exemplary, incidental or consequential damages of any character arising out of the inability to use, or the use of, the Licensed Materials. Irrespective of the cause or form of action, the Publisher’s aggregate liability for any claims, losses, or damages arising out of any breach of this Licence shall in no circumstances exceed the Fee paid by Licensee to the Publisher under this Licence in respect of the Subscription Period during which such claim, loss or damage occurred. resulting from the transfer of data over communications networks and facilities, including the internet, and the Licensee acknowledges that the Secure Network may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 8.5 This Licence shall not prevent the Publisher from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Licence. 8.6 The foregoing limitation Publisher warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of liability and exclusion of certain damages its obligations under this Licence. 8.7 The Publisher shall apply regardless for the duration of the success or effectiveness of other remedies. Regardless provision of the cause or form Online Services as part of action, the same provide a website for Licensee may bring no action arising from this Licence more than twelve to run usage reports which are COUNTER (12Counting Online Usage of Networked Electronic Resources) months after the cause of action arisescompliant on a periodic basis.