RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall:
5.1.1 provide access and allow use of the Licensed Material in accordance with the provisions as laid down in this Licence;
5.1.2 make the Licensed Materials available to the Institution and its Authorised Users either from the Publisher’s server or the server of a third party;
5.1.3 provide for customer support services to the Institution and to Authorised Users via e-mail or phone, including answering e-mail inquiries relating to the use, functionality and content of the Licensed Material;
5.1.4 provide electronic product documentation free of charge. The Publisher allows copies of all documentation to be made provided it is either duplicated in full, or a proper ownership acknowledgement is included;
5.1.5 provide the Institution with fully COUNTER-compliant usage statistics on at least a quarterly basis;
5.1.6 use all reasonable efforts to meet the Open URL Standard (xxx.xxxx.xxx) to ensure that Authorised Users can discover the Licensed Material;
5.1.7 use all reasonable efforts to meet the W3C standards (xxx.X0.xxx) to ensure that the Licensed Material is accessible to all Authorised Users;
5.1.8 inform the Institution from time to time of the dark archives that the Publisher uses for archiving the Licensed Material in the event of a force majeure or if the Publisher ceases to exist; and
5.1.9 permit the Institution to make cancellations and substitutions of the Licensed Material annually [only applicable for multi-years agreements].
5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item:
i) for which the Publisher no longer retains the right to publish; or
ii) for which the Publisher has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. In the event of a withdrawal, the Publisher shall give written notice thereof to the Institution. If the withdrawn material represents more than ten per cent (10%) of the Licensed Material, the Publisher shall make a pro rata refund of the Fee to the Institution. The refund will take into account the amount of material withdrawn and the length of the subscription period remaining.
RESPONSIBILITIES OF THE PUBLISHER. The Publisher shall: during the Subscription Period make the Licensed Material; and during the Continuing Use Period, subject to Clauses 10.2 and 10.5, make the Continuing Licensed Material available through the Publisher Platform to the Institution and Authorised Users for access, download and Permitted Use. During the Subscription Period and, subject to Clause 10, during the Continuing Use Period, the Publisher shall at all times: ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; and make the Licensed Material available to the Institution and Authorised Users 24 hours a day (except when routine maintenance is carried out), and to restore access to the Licensed Material as soon as possible after any interruption or suspension of the service; in case of prolonged and/or repeated interruption or suspension of the service, the Institution shall be entitled to claim fair damages and/or compensation from the Publisher. During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause 6.1: shall not, without the agreement of the Institution, such agreement not to be unreasonably withheld, implement any digital rights management technologies or access management technologies which have a material adverse impact on the performance or usability of the Licensed Material in accordance with this Licence or on the exercise by the Institution of its rights under this Licence, for example by repeatedly requiring an Authorised User to provide active confirmation in relation to their use of or access to the Licensed Material, which impair the usability of DOIs or other links, or which require the downloading of software onto any platform used for accessing or using the Licensed Material; shall use reasonable efforts to provide support to Authorised Users by e-mail or by a telephone help desk, and assist Authorised Users with general enquiries in connection with the Licensed Material, including relating to access, use, functionality and content of the Licensed Material, and shall use reasonable endeavours to answer any such query within 24 hours of such query being made; shall provide to the Institution electronic product documentation relating to the Licensed Material which is reasonably sufficient to enable Authorised Users to access and make use of the Licensed Material, which the Institution shall be entitled to copy and distribute, ...
RESPONSIBILITIES OF THE PUBLISHER. 3.1 The Publisher agrees to: make the Material available to SANLiC Participants in accordance with the Offer as set out in Schedule 1 and subject to the terms and conditions of the License; provide access and allow use of the Material in accordance with the provisions of the License as attached hereto in Schedule 4; make COUNTER-compliant monthly usage data available to SANLiC Participants. provide for customer support services to SANLiC Participants and to their users via e-mail or phone, including answering e-mail inquiries relating to the use, functionality and content of the Material; provide SANLiC on the first day of January of each subscription year a single invoice in respect of all subscriptions by SANLiC Participants who have taken up the Offer, which invoice shall contain a detailed breakdown of such SANLiC Participants, the option chosen by each of them, the fee payable for such option and details of each subscribing SANLiC Participant’s subscription expenditure. The Publisher hereby warrants and undertakes that it will not, for the duration of this Agreement, approach any SANLiC Participant directly and make any offer to it relating to the subscription to, or licensing of, any Material, on terms that are more favourable than the terms contained in the Offer set out in Schedule 1. The parties agree that, should the Publisher breach this warranty and approach a SANLiC Participant directly as contemplated, any offer made to such SANLiC Participant shall be deemed to constitute an offer made to all SANLiC Participants collectively and SANLiC shall be entitled, on their behalf, to accept or reject such offer. The Publisher hereby agrees that no payments will be due to it by any SANLiC Participant in respect of the Material until such time as the Publisher has returned signed copies of this Agreement and the License to SANLiC.
RESPONSIBILITIES OF THE PUBLISHER. The Publisher agrees to:
a. Make the Licensed Material perpetually available to the Licensee and Contractually Defined Users from the commencement of this License Agreement and after termination of this agreement at no additional cost on the Publisher's Platform by Secure Authentication as defined in Schedule 3 and Schedule 4;
b. Make the Licensed Material available to the Licensee and the Contractually Defined Users at all times and on a twenty-four hour basis (24/7/365), save for routine maintenance, and to restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of the service (the access interruption shall not exceed 1% in total of a calendar year) as defined in Schedule 3 and Schedule 4;
c. Ensure that the relevant server or servers have adequate capacity and bandwidth to support the usage of the Contractually Defined Users 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 Agreement, as defined in Schedule 4;
d. Make the Licensed Material (incl. full-text, all digital objects, Metadata) available on request by Licensee for Local Hosting on the Licensee's Hosting Server or on the server of a third party. Further details are outlined in Schedule 3
e. Deliver the Licensed Material to Licensee as specified below - in case of current content provided for Local Hosting immediately after publication; - in case of post-cancellation archival rights six months after cancellation/publication; - in case of withdrawal of Licensed Material or any part of it before removal from Publisher's Platform; - in case of termination of this agreement immediately after termination; - in other cases within three months after the request has been made;
f. Deliver and make accessible the Licensed Material in a format according to the standards as defined in Schedule 4;
g. The breakdown of the Licensed Material into logical units (e.g. assignment of data records to products or of articles to journals titles) must be reflected by the data delivered;
h. Supply the correct and complete Metadata as well as updates at the same time when the Licensed Material is made available in machine-readable form (preferably UTF-8), both at no additional costs. The Metadata shall be delivered as specified in Schedule 5.
i. i. Provide electronic product documentation to the Licensee free of char...
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher agrees:
5.1.1 to make the Licensed Material available to the Licensee and Authorised Users from the Server via the Internet from the date of this Agreement;
5.1.2 to use all reasonable endeavours to make the Licensed Material available to the Licensee and Authorised Users at all times and on a twenty-four hour basis, save for routine maintenance, and to restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of the service;
5.1.3 to use all reasonable endeavours to ensure that the relevant server or servers have 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 Agreement;
5.1.4 to provide or to make arrangements for a third party to provide an archive of the Licensed Material for the purposes of long term preservation of the Licensed Material, and to permit Authorised Users to access such archive after termination of this licence
5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item for which it no longer retains the right to publish or any item or part of an item for which the Publisher has reasonable grounds to believe it infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. The Publisher shall give written notice to the Licensee of such withdrawal. If the withdrawn material represents more than ten per cent (10%) of the Licensed Material, the Publisher shall make a pro rata refund of part of the Fee to the Licensee, taking into account the amount of material withdrawn.
RESPONSIBILITIES OF THE PUBLISHER. The Publisher shall:
RESPONSIBILITIES OF THE PUBLISHER. 1. The Publisher agrees to:
a. Make the Licensed Material perpetually available to the Licensee and Authorised Users from the commencement of this Licence Agreement and after termination of this agreement at no additional cost on the Publisher's Platform by Secure Authentication as defined in Schedule 4;
b. Make the Licensed Material available to the Licensee, the Institutions and Authorised Users at all times and on a twenty-four hour basis, save for routine maintenance, and to restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of the service (the access interruption shall not exceed 1% in total of a calendar year), as defined in Schedule 4;
c. Ensure that the relevant server or servers have adequate capacity and bandwidth to support the usage of the Institutions 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 Agreement, as defined in Schedule 4;
a. Provide electronic product documentation to the Licensee free of charge. The Publisher will allow copies of all documentation to be made and distributed by the Licensee to the Institutions and Authorised Users provided it is either duplicated in full, or a proper ownership acknowledgement and acknowledgement of Source is included;
b. Provide the standards, services and statistics set out in Schedule 4.
c. Maintain the confidentiality of any data relating to the usage of the Licensed Materials by the Institutions and its Authorised Users. Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate form without reference to Authorised Users or Institutions. Raw usage data, including but not limited to information relating to the identity of specific users and/or uses, shall not be provided to any third party.
RESPONSIBILITIES OF THE PUBLISHER. The Publisher agrees to:
1. Make the Licensed Material perpetually available to the Licensee, Participating Institutions and Authorised Users from the commencement of this Licence Agreement and after termination of this agreement at no additional cost on the Publisher'ss Platform by Secure Authentication;
2. Make the Licensed Material available to the Licensee, Participating Institutions and Authorised Users at all times and on a twenty-four hour basis, save for routine maintenance, and to restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of the service (the access interruption shall not exceed 1% in total of a calendar year)
3. Ensure that the relevant server or servers have adequate capacity and bandwidth to support the usage 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 Agreement
4. Make the Licensed Material available on request by Licensee for Local Hosting on the Licensee's Hosting Server or on the server of a third party at no additional costs;
5. Deliver the Licensed Material to Licensee as specified below - in case of current content provided for Local Hosting immediately after publication; - in case of post-cancellation archival rights six months after cancellation/publication; - in case of withdrawal of Licensed Material or any part of it before removal from Publisher'ss Platform; - in case of termination of this agreement immediately after termination; - in other cases within three months after the request has been made; [...]
RESPONSIBILITIES OF THE PUBLISHER. The Publisher agrees to publish Eligible Articles, under the conditions outlined in the Clause 10. The Version of Record of all Eligible Articles that follow the terms of this Licence shall be: made immediately Open Access, as the Version of Record in a Licensed Title on the Publisher website with no embargo period; published under the terms of the CC-BY licence; deposited by the Publisher on acceptance in PubMed Central. The Publisher will provide the Institution (either directly or via Jisc Collections) with a report every six months detailing the Eligible Articles published, containing the following information: Journal Title Article Title Corresponding Author Institution Name DOI
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall:
5.1.1 provide access and allow use of ACS Database in accordance with the provisions as laid down in this Licence;
5.1.2 make ACS Database available to the Institution and its Authorised Users either from the Publisher’s server or the server of a third party;
5.1.3 provide for customer support services to the Institution and to Authorised Users via e-mail or phone, including answering e-mail inquiries relating to the use, functionality and content of ACS Database;
5.1.4 provide electronic product documentation free of charge. The Publisher allows copies of all documentation to be made provided it is either duplicated in full, or a proper ownership acknowledgement is included;
5.1.5 provide the Institution with fully COUNTER-compliant usage statistics;
5.1.6 use all reasonable efforts to meet the Open URL Standard (xxx.xxxx.xxx) to ensure that Authorised Users can discover ACS Database;
5.1.7 use all reasonable efforts to meet the W3C standards (xxx.X0.xxx) to ensure that ACS Database is accessible to all Authorised Users;
5.1.8 permit the Institution to make cancellations and substitutions of ACS Database annually [only applicable for multi-years agreements].
5.2 The Publisher reserves the right at any time to withdraw from ACS Database any item or part of an item:
i) for which the Publisher no longer retains the right to publish; or
ii) for which the Publisher has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
