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 If the withdrawn material represents more than ten per cent (10%) of the Licensed Material, the Publisher shall make a pro rata refund of the Fee to the Institution. The refund will take into account the amount of material withdrawn and the length of the subscription period remaining.
Appears in 8 contracts
Samples: Licence Agreement, Licence Agreement, Institution Licence
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;License.
5.1.2 make the Licensed Materials available to the Institution Licensee and its Authorised Users either from the Publisher’s server or the server of a third party;party in the format and time schedule specified in the Offer contained in Schedule 1 of the Consortium Agreement.
5.1.3 provide for customer support services to the Institution Licensee 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 make available to the Institution with fully Licensee COUNTER-compliant usage statistics on at least a quarterly basis;; and
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 Licensee 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 5.1.7 implement the Institution to make cancellations and substitutions of the Licensed Material annually [only applicable for multi-years agreements].industry standards as set out in Annexure A.
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 publishto; or
ii) or for which the Publisher has reasonable grounds to believe it infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. .
5.3 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 Subscription Period remaining.
5.4 The Publisher warrants and undertakes that it shall not process any Personal Information of any Authorised User unless the processing of such Personal Information is reasonably necessary in order to grant access to the Licensed Material. The Publisher warrants and undertakes that any such Personal Information will be dealt with strictly in accordance with the information security requirements of the POPI Act, the ECTA and other applicable South African legislation from time to time. The Publisher will retain Personal Information only for as long as it is necessary to do so in order to enable it to provide access to the Licensed Material to a specific Authorised User in terms of this agreement, whereafter such information will be deleted and de-identified. An Authorised User will be entitled at any time to remove its authorisation to keep its Personal Information by notice in writing to the Publisher and, on receipt of such notice, the Publisher shall delete and de-identify such information as soon as possible. Any Authorised User shall be entitled to request that the Publisher confirm that it holds Personal Information relating to such Authorised User free of charge. An Authorised User is furthermore entitled to request copies or a description of Personal Information held by the Publisher, but subject to the provisions of Section 23 of the POPI Act as read with the applicable provisions of the Promotion of Access to Information Act 2 of 2000, which involves certain prescribed procedures and the potential payment of a fee.
Appears in 5 contracts
Samples: License Agreement, License Agreement, License Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shallagrees to:
5.1.1 provide access and allow use of a. Make the Licensed Material in accordance with the provisions as laid down in this Licence;
5.1.2 make the Licensed Materials perpetually available to the Institution Licensee and its Authorised Contractually Defined Users either from the commencement of this License Agreement and after termination of this agreement at no additional cost on the Publisher’s 's Platform by Secure Authentication as defined in Schedule 5;
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 5;
c. Ensure that the relevant server or servers have adequate capacity and band'Width to support the usage of the Contractually Defined Users at a level commensurate \vith 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 5:
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 partyparty at a nominal cost.
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 alter termination; in other cases within three months after the request has been made; 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 alter termination;
5.1.3 provide for customer support services f. Deliver and make accessible the Licensed Material in a format according to the Institution and to Authorised Users via e-mail or phone, including answering e-mail inquiries relating to the use, functionality and content standards as defined in Schedule 5;
g. The breakdown of the Licensed Material;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:
5.1.4 provide h. Supply the correct and complete Metadata as weil 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 6.
i. Provide electronic product documentation to the Licensee free of charge. The Publisher allows will allow copies of all documentation to be made and distributed by the Licensee to the Contractually Defmed Users provided it is either duplicated in full, or a proper ownership acknowledgement and acknowledgement of Source is included;
5.1.5 provide j. Maintain the Institution with fully COUNTER-compliant confidentiality of any data relating to the 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 Materials by the Licensee and the Contractually Defined Users. Such data may be used solely for multi-years agreements].
5.2 The Publisher reserves the right at any time purposes directly related to withdraw from the Licensed Material any item or part of an item:
i) for which the Publisher no longer retains the right Materials and may only be provided 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 third parties in aggregate form without reference to the InstitutionContractually Defined Users. If the withdrawn material represents more than ten per cent (10%) of the Licensed MaterialRaw usage data, the Publisher shall make a pro rata refund of the Fee including but not limited to information relating to the Institution. The refund will take into account the amount identity of material withdrawn and the length of the subscription period remainingspecific users and/or uses, shall not be provided to any third party.
Appears in 5 contracts
Samples: License Agreement, License Agreement, License Agreement
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 make available to 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.
Appears in 2 contracts
Samples: Imeche Journals Licence Agreement, Sage Premier Licence Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shallagrees to:
5.1.1 provide access and allow use of make 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 start of the Subscription Period;
5.1.2 use all reasonable efforts to 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 server of a third partyservice;
5.1.3 provide for customer support services to the Institution and to Authorised Users via by e-mail or over the phone, including . This includes answering e-mail inquiries relating to queries about the use, functionality and content of the Licensed MaterialMaterial within 24 hours;
5.1.4 use all reasonable efforts to ensure that the relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution;
5.1.5 provide electronic product documentation to the Institution free of charge. The Publisher allows will allow copies of all documentation to be made and distributed by the Institution to Authorised Users 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 publishpublish and for which the Publisher has been unable to secure the provisions as set out in Clauses 8.7 and 8.8; 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 Licence Fee to the Institution. The refund will take into account the amount of material withdrawn and the length of the subscription period Subscription Period remaining.
Appears in 2 contracts
Samples: Licensing Agreements, Big Pharma Journals Collection Licence Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The 7.1 Publisher shall:
5.1.1 provide shall be responsible and accountable for the quality of 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 availability 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 guarantees that the Licensed Material is accessible shall be available for consultation 24 hours a day, seven (7) days a week except in the case of scheduled or control.
7.2 Publisher shall be responsible and accountable for the publishing in Open Access of all articles submitted by Eligible Corresponding Authors and accepted for publication by Publisher, in the journals as specified in Schedule C-c.
7.3 Publisher may temporarily suspend access 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 without announcing this in advance for scheduled or unscheduled maintenance work is necessary. If access is suspended for maintenance for a period of longer than two business days, or for greater than 5% of any single calender year, the event Institution shall be entitled to monetary reimbursement of a force majeure or if the Publisher ceases to exist; and
5.1.9 permit the Institution to make cancellations fair and substitutions reasonable amount of the Licensed Material annually [only applicable for multi-years agreements]total License Fee.
5.2 7.4 Maintenance of the service shall take place outside office hours and during weekends wherever reasonably possible. If announced in good time, availability may be restricted for periodic maintenance for a predetermined period of no longer than 24 hours.
7.5 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item:
i) item for which the Publisher it no longer retains the right to publish; or
ii) 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. In the event of a withdrawal, the The Publisher shall give written notice thereof to the InstitutionInstitution of such withdrawal. If the withdrawn material represents more than ten five per cent (105%) of the Licensed Material, Material the Publisher shall make a pro rata refund of part of the Licence Fee to the Institution. The refund will take , taking into account the amount of material withdrawn and the length remaining term of the subscription period remainingLicence Agreement.
7.6 Publisher undertakes to provide the Institutions with statistics on usage, free of charge, according to the standards of Project Counter (xxxx://xxx.xxxxxxxxxxxxxx.xxx).
7.7 Publisher shall support and allow the systematic harvesting of usage statistics through the SUSHI protocol (xxxxx://xxx.xxxx.xxx/standards-committees/sushi).
7.8 Publisher agrees to use all best efforts to comply with the Code of Practice of Project Transfer relating to the transfer of titles between publishers (xxxxx://xxx.xxxx.xxx/standards- committees/transfer).
7.9 Publisher shall provide link-resolver vendors and other library systems suppliers quarterly with full details of the Licensed Material in an agreed format ); and also with related data of (i) the first and final year, volume, and issue.
7.10 The Publisher agrees to inform SURFmarket and the Institutions once a year of the dark archives (e.g. Portico, LOCKSS, CLOCKKS) that the Publisher uses for the deposit of its content in the event of a force majeure or if the Publisher ceases to exist.
7.11 The Publisher agrees to use all best efforts to comply with the Open URL Standard (xxxx://xxx.xxxx.xxx/publications/ansiniso-z3988-2004-r2010-openurl-framework-context- sensitive-services).
7.12 The Publisher agrees to use all best efforts to comply with the W3C Standard (xxxx://xxx.x0.xxx/WAI/Resources/?#in).
7.13 Publisher agrees to use all best efforts to make the content available for reading on mobile devices, according to the standards of W3C (xxxxx://xxx.x0.xxx/2011/02/mobile-web-app- state.html).
7.14 Unless separately agreed, Publisher shall not be permitted to include third-party advertising in the Licensed Material or in the context of providing the Licensed Material. Publisher shall be permitted to display Licensed Material specifying the publications from which specific portions are taken. Publisher shall be permitted to create a link to the websites of the providers of the said publications on condition that those websites do not contain frame killers.
7.15 Publisher shall use all reasonable efforts to provide relevant information to third party discovery tools (such as Scopus, Summon), in accordance with NISO recommendations (xxxxx://xxxxxx.xxxx.xxx/apps/group_public/download.php/14820/rp-19-2014_ODI.pdf).
7.16 Publisher shall use all reasonable endeavours to implement the FAIR Guiding Principles for scientific data management and stewardship (xxxxx://xxx.xxxxx00.xxx/fairprinciples).
7.17 Publisher shall use reasonable endeavours to conform to all the Plan S technical guidance and requirements. (xxxxx://xxx.xxxxxxxxx-x.xxx/principles-and-implementation/).
Appears in 1 contract
Samples: Intermediary Services Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shallagrees to:
5.1.1 provide access make the Licensed Material available to the Members and allow use Authorised Users for the duration of the Term;
5.1.2 ensure the availability of the Licensed Material 99.98% of the time, 24 hours a day, seven days a week (except when routine maintenance is carried out in accordance with which case the provisions as laid down in this Licence;
5.1.2 make Publisher shall carry out the maintenance at a time that causes least inconvenience to Maynooth University, Members and the Authorised Users), and shall restore access to the Licensed Materials available Material as soon as possible after any interruption or suspension to the Institution and its Authorised Users either from the Publisher’s server or the server of a third partyLicensed Material;
5.1.3 provide for customer support services to the Institution and to Authorised Users via by e-mail or phoneby a telephone help desk, and assist Authorised Users with general enquiries and issues in connection with the Licensed Material, including answering e-mail inquiries relating to the access, use, functionality and content of the Licensed Material, and shall use reasonable endeavours to resolve any such enquiries and issues promptly;
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 the relevant server or servers have adequate capacity and bandwidth to support the usage of the Members and their Authorised Users can discover the Licensed MaterialUsers;
5.1.7 5.1.5 use all reasonable efforts to meet the W3C standards (xxx.X0.xxx) to ensure that the Licensed Material does not contain any viruses or other computer programming routines which are intended to damage or detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal data and it shall take all reasonable precautions to ensure that no known viruses for which detection and antidote software 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 generally available are coded or introduced into 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].Material;
5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item:
i) 5.2.1 for which the Publisher it no longer retains the right to publishpublish and for which the Publisher has been unable to secure the provisions as set out in Clauses 9.10 and 9.11; or
ii) 5.2.2 for which the Publisher has reasonable grounds to believe it infringes copyright or other Intellectual Property Rights or is otherwise defamatory, obscene, unlawful or otherwise objectionable. In the event that the Publisher decides to withdraw any part of a withdrawalthe Licensed Material, the Publisher shall give reasonable prior written notice thereof to the InstitutionMembers. If the withdrawn material represents more than ten per cent (10%) of the Licensed Material, the Publisher shall make promptly refund to the Members on a pro rata refund basis such part of the Fee as relates to the Institution. The refund will take period after the material is withdrawn, taking into account the amount of material withdrawn and the length of the subscription period Initial Subscription Period and any Renewal Period remaining.
5.3 Where articles by Xxxxxxxx Authors are editorially accepted for publication in the Licensed Materials (or Emerald fully open journals or the Emerald Open Research (EOR) platform) on a date during the Term, the Publisher will offer the Eligible Author the option to make article version of record open access as per the terms set out in Schedule 5: Open Access Provision.
Appears in 1 contract
Samples: Publishing Agreement
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 Material 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.
Appears in 1 contract
Samples: Licence Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The During the Subscription Period the Publisher shall:
5.1.1 provide access and allow use of make the Licensed Material in accordance with available through the provisions as laid down in this Licence;Publisher Platform to the Subscribing Institution and Authorised Users for the Permitted Use.
5.1.2 make use commercial best endeavours to provide the Licensed Materials available Material to the Subscribing Institution and its Authorised Users either from Users, with a quality of service consistent with industry standards, specifically, to provide continuous service with an average of 98% up-time per year, with the Publisher’s server 2% down-time including scheduled maintenance and repairs performed at a time to minimize inconvenience and other than a Force Majeure Event as defined in Clause 18, and to restore service as soon as possible in the event of an interruption or suspension of service. If the server Publisher is unable to provide the Subscribing Institution with access to the service, for a period exceeding five (5) consecutive days, then the Publisher will refund to the Subscribing Institution the amount of a third party;the Fees calculated by dividing the number of days of downtime by 365 and multiplied by the amount of the Fees for the current year.
5.1.3 provide for customer support services to the Institution and to Authorised Users via by e-mail or over the phone, including . This includes answering e-mail inquiries relating to queries about the use, functionality and content of the Licensed Material;Material within 24 hours.
5.1.4 provide electronic product documentation to the Subscribing Institution free of charge. The Publisher allows will allow copies of all documentation to be made and distributed by the Subscribing Institution to Authorised Users provided it is either duplicated in full, or a proper ownership acknowledgement is included;.
5.1.5 provide implement 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 industry 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 as set out 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]Schedule 5.
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 publishpublish and for which the Publisher has been unable to secure the provisions as set out in Clause 5.3; 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, .
5.3 If the Publisher shall give written notice thereof withdraws Licensed Material or Licensed Material then the Publisher shall, at the Institution’s option reimburse such part of the Licence Fee attributable to the Institution. If the withdrawn material represents more than ten per cent (10%) Withdrawn Material in respect of the Licensed Material, the Publisher shall make a pro rata refund of the Fee period up to the Institution. The refund will take into account date of withdrawal as is reasonable in the circumstances having regard to the use made of that material compared with other Licensed Material the subject of this Licence; and reduce the Licence Fee attributable to the period following the date of such withdrawal by such amount as is reasonably attributable to the Withdrawn Material in respect of material withdrawn and the length of the subscription period remainingsuch remaining period.
Appears in 1 contract
Samples: Licence Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shallagrees to:
5.1.1 provide access make the Licensed Material available to the Members and allow use Authorised Users for the duration of the Term;
5.1.2 Use all reasonable endeavours to ensure the availability of the Licensed Material 99.98% of the time, 24 hours a day, seven days a week (except when routine maintenance is carried out in accordance which case the Publisher shall provide the Members with seven (7) days advance notice of such work, where possible, and shall carry out the provisions as laid down in this Licence;
5.1.2 make maintenance at a time that causes least inconvenience to Maynooth University, Members and the Authorised Users), and shall restore access to the Licensed Materials available Material as soon as possible after any interruption or suspension to the Institution and its Authorised Users either from the Publisher’s server or the server of a third partyLicensed Material;
5.1.3 provide for customer support services to the Institution and to Authorised Users via by e-mail or phoneby a telephone help desk, and assist Authorised Users with general enquiries and issues in connection with the Licensed Material, including answering e-mail inquiries relating to the access, use, functionality and content of the Licensed Material, and shall use reasonable endeavours to resolve any such enquiries and issues promptly;
5.1.4 provide electronic product documentation free use all reasonable endeavours to ensure that the relevant server or servers have adequate capacity and bandwidth to support the usage 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 includedthe Members and their Authorised Users;
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) endeavours to ensure that the Licensed Material does not contain any viruses or other computer programming routines which are intended to damage or detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal data and it shall take all reasonable precautions to ensure that no known viruses for which detection and antidote software is accessible to all Authorised Usersgenerally available are coded or introduced into the Licensed Material;
5.1.8 inform 5.1.6 make available to the Institution from time Members electronic product documentation relating to time of the dark archives that the Publisher uses for archiving the Licensed Material in which is sufficient to enable Authorised Users to have a full and complete understanding of the event of a force majeure or if the Publisher ceases to exist; and
5.1.9 permit the Institution to make cancellations workings, operation and substitutions functionalities of the Licensed Material annually [only applicable for multi-years agreements].Material, and the Members shall be entitled to copy and distribute such documentation, provided such documentation is copied in full and such copies include an acknowledgement of the Publisher as the Publisher of the Licensed Material; and
5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item:
i) 5.2.1 for which the Publisher it no longer retains the right to publishpublish and for which the Publisher has been unable to secure the provisions as set out in Clauses 10.8 and 10.9; or
ii) 5.2.2 for which the Publisher has reasonable grounds to believe it infringes copyright or other Intellectual Property Rights or is otherwise defamatory, obscene, unlawful or otherwise objectionable. In the event that the Publisher decides to withdraw any part of a withdrawalthe Licensed Material, the Publisher shall give reasonable prior written notice thereof to the InstitutionMembers. If the withdrawn material represents more than ten five per cent (105%) of the Licensed Material, the Publisher shall make either a) promptly refund to the Members on a pro rata refund basis such part of the Licence Fee as relates to the Institution. The refund will take period after the material is withdrawn, taking into account the amount of material withdrawn and the length of the subscription period Initial Subscription Period and any Renewal Period remaining. Or b) provide a substitute for the withdrawn material acceptable to the Consortium
5.3 The Publisher will make all reasonable endeavours to promote availability of this Agreement and the Open Access Publishing benefits included
5.4 The Publisher agrees to inform the Eligible Author that their Eligible Article (Hybrid) may be made Open Access under this Agreement once approved by the Member (as described in Schedule Y)
5.5 The Publisher agrees to inform the Eligible Author that their Eligible Article (Gold) may be published with a discounted APC under this Agreement once approved by the Member (as described in Schedule Y)
5.6 The Publisher agrees to publish the Eligible Articles (Hybrid) as Open Access Material in accordance with the provisions of Licence Schedule Y.
5.7 The Publisher agrees to publish the Eligible Articles (Gold) as Open Access Material in accordance with the provisions of Licence Schedule [Y] and payment of the discounted APC by the Eligible Author or their nominated xxxx-xxxxx.
5.8 The Publisher agrees to offer the Eligible Author a discount of 20% on the list rate APC applicable to the Eligible Article (Gold). For the avoidance of doubt, this discount cannot be combined with any other discount available to the Eligible Author (for example, but not limited to; society membership discounts, introductory offers or APC waivers. In the case of multiple discount rates being available for the Eligible Article (Gold), the Publisher will honor the single greatest discount available to that Eligible Article (Gold)
Appears in 1 contract
Samples: License Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shallagrees to:
5.1.1 provide access make the Licensed Material available to the Members and allow use Authorised Users for the duration of the Term;
5.1.2 ensure the availability of the Licensed Material for an average of 98% of the time, 24 hours a day, seven days a week (except when routine maintenance is carried out in accordance which case the Publisher shall provide the Members with seven (7) days advance notice of such work and shall carry out the provisions as laid down in this Licence;
5.1.2 make maintenance at a time that causes least inconvenience to Maynooth University, Members and the Authorised Users), and shall restore access to the Licensed Materials available Material as soon as possible after any interruption or suspension to the Institution and its Authorised Users either from the Publisher’s server or the server of a third partyLicensed Material;
5.1.3 provide for customer support services to the Institution and to Authorised Users via by e-mail or phoneby a telephone help desk, and assist Authorised Users with general enquiries and issues in connection with the Licensed Material, including answering e-mail inquiries relating to the access, use, functionality and content of the Licensed Material, and shall use reasonable endeavours to resolve any such enquiries and issues promptly;
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 the relevant server or servers have adequate capacity and bandwidth to support the usage of the Members and their Authorised Users can discover the Licensed MaterialUsers;
5.1.7 5.1.5 use all reasonable efforts to meet the W3C standards (xxx.X0.xxx) to ensure that the Licensed Material does not contain any viruses or other computer programming routines which are intended to damage or detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal data and it shall take all reasonable precautions to ensure that no known viruses for which detection and antidote software 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 generally available are coded or introduced into the Licensed Material Material; and
5.1.6 in the event that a title is cancelled, the appropriate Members retain archival access to the content of a force majeure or if that title that was published prior to the Publisher ceases to exist; and
5.1.9 permit the Institution to make cancellations and substitutions year of the Licensed Material annually [only applicable for multi-years agreements]cancellation of such title.
5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item:
i) 5.2.1 for which the Publisher it no longer retains the right to publishpublish and for which the Publisher has been unable to secure the provisions as set out in Clauses 9.8 and 9.9; or
ii) 5.2.2 for which the Publisher has reasonable grounds to believe it infringes copyright or other Intellectual Property Rights or is otherwise defamatory, obscene, unlawful or otherwise objectionable. In the event that the Publisher decides to withdraw any part of a withdrawalthe Licensed Material, the Publisher shall give reasonable prior written notice thereof to the InstitutionMembers. If the withdrawn material represents more than ten five per cent (105%) of the Licensed Material, the Publisher shall make promptly refund to the Members on a pro rata refund basis such part of the Licence Fee as relates to the Institution. The refund will take period after the material is withdrawn, taking into account the amount of material withdrawn and the length of the subscription period Initial Subscription Period and any Renewal Period remaining.
5.3 Where articles by Eligible Authors are accepted for publication in Eligible Journals during the Term, the Publisher will grant the Eligible Author the option to make article version of record open access as per the terms set out in Schedule 5: Open Access Provision.
Appears in 1 contract
Samples: License Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shallagrees to:
5.1.1 provide access make the Licensed Material available to the Members and allow use Authorised Users for the duration of the Term;
5.1.2 ensure the availability of the Licensed Material 99.98% of the time, 24 hours a day, seven days a week (except when routine maintenance is carried out in accordance with which case the provisions as laid down in this Licence;
5.1.2 make Publisher shall carry out the maintenance at a time that causes least inconvenience to Maynooth University, Members and the Authorised Users), and shall restore access to the Licensed Materials available Material as soon as possible after any interruption or suspension to the Institution and its Authorised Users either from the Publisher’s server or the server of a third partyLicensed Material;
5.1.3 provide for customer support services to the Institution and to Authorised Users via by e-mail or phoneby a telephone help desk, and assist Authorised Users with general enquiries and issues in connection with the Licensed Material, including answering e-mail inquiries relating to the access, use, functionality and content of the Licensed Material, and shall use reasonable endeavours to resolve any such enquiries and issues promptly;
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 the relevant server or servers have adequate capacity and bandwidth to support the usage of the Members and their Authorised Users can discover the Licensed MaterialUsers;
5.1.7 5.1.5 use all reasonable efforts to meet the W3C standards (xxx.X0.xxx) to ensure that the Licensed Material does not contain any viruses or other computer programming routines which are intended to damage or detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal data and it shall take all reasonable precautions to ensure that no known viruses for which detection and antidote software 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 generally available are coded or introduced into 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].Material;
5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item:
i) 5.2.1 for which the Publisher it no longer retains the right to publishpublish and for which the Publisher has been unable to secure the provisions as set out in Clauses 9.8 and 9.9; or
ii) 5.2.2 for which the Publisher has reasonable grounds to believe it infringes copyright or other Intellectual Property Rights or is otherwise defamatory, obscene, unlawful or otherwise objectionable. In the event that the Publisher decides to withdraw any part of a withdrawalthe Licensed Material, the Publisher shall give reasonable prior written notice thereof to the InstitutionMembers. If the withdrawn material represents more than ten five per cent (105%) of the Licensed Material, the Publisher shall make promptly refund to the Members on a pro rata refund basis such part of the Fee as relates to the Institution. The refund will take period after the material is withdrawn, taking into account the amount of material withdrawn and the length of the subscription period Initial Subscription Period and any Renewal Period remaining.
5.3 Where articles by Eligible Authors affiliated with Members are accepted for publication in the Licensed Materials (or Emerald fully open journals or the Emerald Open Research (EOR) platform) during the Term, the Publisher will offer the Eligible Author the option to make article version of record open access as per the terms set out in Schedule 5: Open Access Provision.
Appears in 1 contract
Samples: Access Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shallagrees:
5.1.1 provide access and allow use of to make the Licensed Material in accordance with available to the provisions as laid down in this LicenceLicensee, its Members and Authorised Users from the commencement of the Subscription Period;
5.1.2 to use all reasonable endeavours to make the electronic copy of each journal covered by this Agreement available, not later than the start of business hours on 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 the reasons therefore;
5.1.3 to use all reasonable endeavours to make the Licensed Materials Material available to the Institution Licensee and its Authorised Users either from at all times and on a twenty-four hour basis, save for routine maintenance, and to restore access to the Publisher’s server Licensed Material as soon as possible in the event of an interruption or suspension of the server of a third partyservice;
5.1.3 5.1.4 to 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 MaterialMaterial within 24 hrs of request;
5.1.4 5.1.5 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;
5.1.6 to provide electronic product documentation to the Licensee free of charge. The Publisher allows will allow copies of all documentation to be made and distributed by the Licensee to Authorised Users and publishers’ representatives visiting for on-site training, provided it is either duplicated in full, or a proper ownership acknowledgement is included;
5.1.5 5.1.7 to provide the Institution with fully COUNTER-compliant usage statistics on at least a quarterly basis;initial on-site training to users free of charge
5.1.6 5.1.8 to use all reasonable best efforts to meet comply with the Open URL Standard (xxx.xxxx.xxx) xxxx://xxx.xxxx.xxx/committees/committee_ax.html and xxxx://xxx.xxxx- xxxxxxxxxxx.xx.xx/xxxxx_xxxxxxxxxxx/xxxxxxxxx_xxxxxxxxxxx/xxxx_xxxxxxxxxxxx/xxxx_xxxx cards_provlinks.aspx/)
5.1.9 to ensure that Authorised Users can discover the Licensed Material;
5.1.7 use all reasonable best efforts to meet comply with the W3C standards (xxx.X0.xxx) xxxx://xxx.x0.xxx/WAI/Resources/#in and xxxx://xxx.xxxx- xxxxxxxxxxx.xx.xx/xxxxx_xxxxxxxxxxx/xxxxxxxxx_xxxxxxxxxxx/xxxx_xxxxxxxxxxxx/xxxx_xxxxx ards_ws.aspx/)
5.1.10 to ensure that provide the Licensed Material is Licensee with COUNTER-compliant usage statistics, on at least a monthly basis (xxxx://xxx.xxxxxxxxxxxxxx.xxx ); these statistics will be made available at the Licensee and institutional levels. Usage statistics will be either emailed to site administrator or accessible to all Authorised Users;
5.1.8 inform via a logon administration interface hosted by Publisher. Such usage data shall be compiled in a manner consistent with applicable privacy and data protection laws and as may be agreed between the Institution parties from time to time time, and the anonymity of individual users and the dark archives that the Publisher uses for archiving the Licensed Material in the event confidentiality of a force majeure or if the Publisher ceases their searches shall be fully protected
5.1.11 to exist; and
5.1.9 permit the Institution Licensee to make cancellations and substitutions of the Licensed Material annually per annum [only applicable for multi-years agreements].
5.1.12 in the event of termination of this Agreement, the Publisher will provide the Authorised Institutions and their Authorised Users with access to the full text of the Licensed Material which was published and paid for during the term of this Agreement, either through Portico, or by supplying the electronic files in a medium and format mutually agreed between the parties to the Authorised Institutions without charge. The full text of the electronic files may not be resold at any time; this remains in effect in perpetuity. Continuing archival access is subject to the terms and conditions of the use of this Agreement; and
5.1.13 use all best efforts to comply with the Code of Practice of Project Transfer relating to the transfer of titles between publishers xxxx://xxx.xxxxxxxxxxxxxxx.xxx
5.1.14 to provide up-to-date title lists, including accurate date ranges;
5.2 If the publisher wishes to vary the content during the life of the contract, at least six months notice should be given to the Licensee of any such variation. The Licensee may accept this variation at its discretion, but significant variation, which could mean a withdrawal of access of a very small number of significant titles from a bundle of titles, may render the contract void;
5.3 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item:
i) item for which the Publisher it no longer retains the right to publish; or
ii) publish and for which the Publisher has been unable to secure the provisions as set out in Clauses 8.7 and 8.8, 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. In the event of a withdrawal, the The Publisher shall give written notice thereof to the InstitutionLicensee of such withdrawal. If the withdrawn material represents more than ten per cent (10%) of the Licensed Material, Material the Publisher shall make a pro rata refund of part of the Fee to the Institution. The refund will take Licensee, taking into account the amount of material withdrawn and the length remaining unexpired portion of the subscription period remainingSubscription Period.
Appears in 1 contract
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shallagrees to:
5.1.1 provide access make the Licensed Material available to the Members and allow use Authorised Users for the duration of the Term;
5.1.2 ensure the availability of the Licensed Material 99.98% of the time, 24 hours a day, seven days a week (except when routine maintenance is carried out in accordance which case the Publisher shall provide the Members with seven (7) days advance notice of such work and shall carry out the provisions as laid down in this Licence;
5.1.2 make maintenance at a time that causes least inconvenience to Maynooth University, Members and the Authorised Users), and shall restore access to the Licensed Materials available Material as soon as possible after any interruption or suspension to the Institution and its Authorised Users either from the Publisher’s server or the server of a third partyLicensed Material;
5.1.3 provide for customer support services to the Institution and to Authorised Users via by e-mail or phoneby a telephone help desk, and assist Authorised Users with general enquiries and issues in connection with the Licensed Material, including answering e-mail inquiries relating to the access, use, functionality and content of the Licensed Material, and shall use reasonable endeavours to resolve any such enquiries and issues promptly;
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 the relevant server or servers have adequate capacity and bandwidth to support the usage of the Members and their Authorised Users can discover the Licensed MaterialUsers;
5.1.7 5.1.5 use all reasonable efforts to meet the W3C standards (xxx.X0.xxx) to ensure that the Licensed Material does not contain any viruses or other computer programming routines which are intended to damage or detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal data and it shall take all reasonable precautions to ensure that no known viruses for which detection and antidote software is accessible to all Authorised Usersgenerally available are coded or introduced into the Licensed Material;
5.1.8 inform 5.1.6 make available to the Institution from time Members electronic product documentation relating to time of the dark archives that the Publisher uses for archiving the Licensed Material which is sufficient to enable Authorised Users to have a full and complete understanding of the workings, operation and functionalities of the Licensed Material, and the Members shall be entitled to copy and distribute such documentation, provided such documentation is copied in the event full and such copies include an acknowledgement of a force majeure or if the Publisher ceases to existas the licensor of the Licensed Material; and
5.1.9 permit 5.1.7 Where articles by Xxxxxxxx Authors are accepted for publication in Eligible Journals during the Institution Term, the Publisher will grant the Eligible Author the option to make cancellations and substitutions the article version of record open access as per the Licensed Material annually [only applicable for multi-years agreements]terms set out in Schedule 5: Open Access Provision.
5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item:
i) 5.2.1 for which the Publisher it no longer retains the right to publishpublish and for which the Publisher has been unable to secure the provisions as set out in Clauses 9.8 and 9.9; or
ii) 5.2.2 for which the Publisher has reasonable grounds to believe it infringes copyright or other Intellectual Property Rights or is otherwise defamatory, obscene, unlawful or otherwise objectionable. In the event that the Publisher decides to withdraw any part of a withdrawalthe Licensed Material, the Publisher shall give reasonable prior written notice thereof to the InstitutionMembers. If the withdrawn material represents more than ten five per cent (105%) of the Licensed Material, the Publisher shall make promptly refund to the Members on a pro rata refund basis such part of the Licence Fee as relates to the Institution. The refund will take period after the material is withdrawn, taking into account the amount of material withdrawn and the length of the subscription period Initial Subscription Period and any Renewal Period remaining.
Appears in 1 contract
Samples: License Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall:
5.1.1 provide access and allow use 2.1 In consideration of (i) the payment by the Consortium Agent of the Licensed Material Charges and (ii) the Publisher publishing OA Articles in accordance with the provisions as laid down in this Licence;
5.1.2 make terms of Schedule E, the Licensed Materials available Publisher agrees to provide the Customers with access to the Institution Publications for the Subscription Period in accordance with the Customer Terms 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 Conditions and subject to the Institution terms and conditions of this Agreement.
2.2 The Publisher may at any time withdraw access to Authorised Users via e-mail or phone, including answering e-mail inquiries relating to the use, functionality and content any Customer which is in breach of the Licensed Material;
5.1.4 provide electronic product documentation free Customer Terms and Conditions. For the avoidance of charge. The Publisher allows copies doubt any such denial of all documentation access will not entitle the Consortium Agent 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 any rebate 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]Charges.
5.2 2.3 The Publisher reserves the right at any time on 30 days notice to the Consortium Agent to withdraw from any of the Licensed Material any item Publications, provided that, in the Initial Year, 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 defamatoryin each Subsequent Year, obscene, unlawful or otherwise objectionable. In the event of a withdrawal, the Publisher shall give written notice thereof to the Institution. If the if withdrawn material represents more than ten per cent (10%) % of the Licensed Materialtotal Publications, the Publisher shall make a pro rata refund of part of the Fee to the Institution. The refund will take Charges, taking into account the amount of material withdrawn and the length remaining un-expired portion of the relevant Initial Year or Subsequent Year, as applicable.
2.4 Unless expressly stated to the contrary in this Agreement, all amounts referred to in this Agreement will be interpreted as being amounts exclusive of value added tax, goods and services tax and any similar sales or excise tax ("Sales Tax"). Any Sales Tax payable in relation to any such amounts shall be added at the prevailing rate, as applicable, and paid by Consortium Agent following delivery of a valid invoice from Publisher.
2.5 The Consortium Agent shall pay all amounts due to the Publisher without any deduction and/or withholding other than such amount (if any) it is required to deduct and/or withhold by law and/or upon other direction of any tax authority. In the event that the Consortium Agent is required to make such deduction and/or withholding, the Consortium Agent shall notify Publisher before any such deduction and/or withholding is made and paid to the authority concerned and, further, shall, at the written request of the Publisher, do all things in its power that may be necessary to enable or assist the Publisher to claim exemption or preferential rate therefrom under any double taxation and/or similar agreement and/or convention from time to time in force and shall provide the Publisher at the time of payment with such evidence as the Customer may possess and as may be reasonably required by the Publisher as to the deduction and payment of the tax and/or of the sums withheld. The Charges are exclusive of value added tax. Notwithstanding any other provision of this Agreement, no access for the Consortium Agent will be granted, or in the case of Subsequent Years, continued hereunder until the Charges for that period have been received by the Licensor.
2.6 Before the end of the Subscription Period, or in the case of a renewed subscription the end of the period remainingfor which the subscription has been renewed, the Publisher will notify the Consortium Agent of the fees for renewal of this Agreement for a further period ("Renewal Fees"), together with any amendments to Schedule A (list of Journals). These fees may be higher than the Charges.
2.7 Upon payment of the Renewal Fees, this Agreement shall be extended for a further period as specified in the invoice from the end of the current subscription period. If the Consortium Agent does not pay the Renewal Fees by the end of the current subscription period, the Publisher reserves the right to may terminate this Agreement immediately.
Appears in 1 contract
Samples: Consortium Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shallagrees to:
5.1.1 provide access make the Licensed Material available to the Members and allow use Authorised Users for the duration of the Term;
5.1.2 ensure the availability of the Licensed Material 99.98% of the time, 24 hours a day, seven days a week (except when routine maintenance is carried out in accordance which case the Publisher shall provide the Members with seven (7) days advance notice of such work and shall carry out the provisions as laid down in this Licence;
5.1.2 make maintenance at a time that causes least inconvenience to Maynooth University, Members and the Authorised Users), and shall restore access to the Licensed Materials available Material as soon as possible after any interruption or suspension to the Institution and its Authorised Users either from the Publisher’s server or the server of a third partyLicensed Material;
5.1.3 provide for customer support services to the Institution and to Authorised Users via by e-mail or phoneby a telephone help desk, and assist Authorised Users with general enquiries and issues in connection with the Licensed Material, including answering e-mail inquiries relating to the access, use, functionality and content of the Licensed Material, and shall use reasonable endeavours to resolve any such enquiries and issues promptly;
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 the relevant server or servers have adequate capacity and bandwidth to support the usage of the Members and their Authorised Users can discover the Licensed MaterialUsers;
5.1.7 5.1.5 use all reasonable efforts to meet the W3C standards (xxx.X0.xxx) to ensure that the Licensed Material does not contain any viruses or other computer programming routines which are intended to damage or detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal data and it shall take all reasonable precautions to ensure that no known viruses for which detection and antidote software is accessible to all Authorised Usersgenerally available are coded or introduced into the Licensed Material;
5.1.8 inform 5.1.6 make available to the Institution from time Members electronic product documentation relating to time of the dark archives that the Publisher uses for archiving the Licensed Material in which is sufficient to enable Authorised Users to have a full and complete understanding of the event of a force majeure or if the Publisher ceases to exist; and
5.1.9 permit the Institution to make cancellations workings, operation and substitutions functionalities of the Licensed Material annually [only applicable for multi-years agreements].Material, and the Members shall be entitled to copy and distribute such documentation, provided such documentation is copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; and
5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item:
i) 5.2.1 for which the Publisher it no longer retains the right to publishpublish and for which the Publisher has been unable to secure the provisions as set out in Clauses 9.8 and 9.9; or
ii) 5.2.2 for which the Publisher has reasonable grounds to believe it infringes copyright or other Intellectual Property Rights or is otherwise defamatory, obscene, unlawful or otherwise objectionable. In the event that the Publisher decides to withdraw any part of a withdrawalthe Licensed Material, the Publisher shall give reasonable prior written notice thereof to the InstitutionMembers. If the withdrawn material represents more than ten five per cent (105%) of the Licensed Material, the Publisher shall make promptly refund to the Members on a pro rata refund basis such part of the Licence Fee as relates to the Institution. The refund will take period after the material is withdrawn, taking into account the amount of material withdrawn and the length of the subscription period Initial Subscription Period and any Renewal Period remaining.
Appears in 1 contract
Samples: License Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shallagrees to:
5.1.1 provide access make the Licensed Material available to the Members and allow use Authorised Users for the duration of the Term;
5.1.2 Use all reasonable endeavours to ensure the availability of the Licensed Material 99.98% of the time, 24 hours a day, seven days a week (except when routine maintenance is carried out in accordance which case the Publisher shall provide the Members with seven (7) days advance notice of such work, where possible, and shall carry out the provisions as laid down in this Licence;
5.1.2 make maintenance at a time that causes least inconvenience to Maynooth University, Members and the Authorised Users), and shall restore access to the Licensed Materials available Material as soon as possible after any interruption or suspension to the Institution and its Authorised Users either from the Publisher’s server or the server of a third partyLicensed Material;
5.1.3 provide for customer support services to the Institution and to Authorised Users via by e-mail or phoneby a telephone help desk, and assist Authorised Users with general enquiries and issues in connection with the Licensed Material, including answering e-mail inquiries relating to the access, use, functionality and content of the Licensed Material, and shall use reasonable endeavours to resolve any such enquiries and issues promptly;
5.1.4 provide electronic product documentation free use all reasonable endeavours to ensure that the relevant server or servers have adequate capacity and bandwidth to support the usage 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 includedthe Members and their Authorised Users;
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) endeavours to ensure that the Licensed Material does not contain any viruses or other computer programming routines which are intended to damage or detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal data and it shall take all reasonable precautions to ensure that no known viruses for which detection and antidote software is accessible to all Authorised Usersgenerally available are coded or introduced into the Licensed Material;
5.1.8 inform 5.1.6 make available to the Institution from time Members electronic product documentation relating to time of the dark archives that the Publisher uses for archiving the Licensed Material in which is sufficient to enable Authorised Users to have a full and complete understanding of the event of a force majeure or if the Publisher ceases to exist; and
5.1.9 permit the Institution to make cancellations workings, operation and substitutions functionalities of the Licensed Material annually [only applicable for multi-years agreements].Material, and the Members shall be entitled to copy and distribute such documentation, provided such documentation is copied in full and such copies include an acknowledgement of the Publisher as the Publisher of the Licensed Material; and
5.2 The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item:
i) 5.2.1 for which the Publisher it no longer retains the right to publishpublish and for which the Publisher has been unable to secure the provisions as set out in Clauses 10.8 and 10.9; or
ii) 5.2.2 for which the Publisher has reasonable grounds to believe it infringes copyright or other Intellectual Property Rights or is otherwise defamatory, obscene, unlawful or otherwise objectionable. In the event that the Publisher decides to withdraw any part of a withdrawalthe Licensed Material, the Publisher shall give reasonable prior written notice thereof to the InstitutionMembers. If the withdrawn material represents more than ten five per cent (105%) of the Licensed Material, the Publisher shall make either a) promptly refund to the Members on a pro rata refund basis such part of the Licence Fee as relates to the Institution. The refund will take period after the material is withdrawn, taking into account the amount of material withdrawn and the length of the subscription period Initial Subscription Period and any Renewal Period remaining. Or b) provide a substitute for the withdrawn material acceptable to the Consortium
5.3 The Publisher will make all reasonable endeavours to promote availability of this Agreement and the Open Access Publishing benefits included
5.4 The Publisher agrees to inform the Eligible Author that their Eligible Article (Hybrid) may be made Open Access under this Agreement once approved by the Member (as described in Schedule 5)
5.5 The Publisher agrees to inform the Eligible Author that their Eligible Article (Gold) may be published with a discounted APC under this Agreement once approved by the Member (as described in Schedule 5)
5.6 The Publisher agrees to publish an unlimited number of Eligible Articles (Hybrid) as Open Access Material in accordance with the provisions of Licence Schedule 5. The publisher will not charge APCs to the authors, Maynooth University or the Members for this service. All fees for OA publishing of Eligible Articles (Hybrid) are covered by the fees as descried in Schedule 1.
5.7 The Publisher agrees to publish the Eligible Articles (Gold) as Open Access Material in accordance with the provisions of Licence Schedule 5 and payment of the discounted APC by the Eligible Author or their nominated xxxx-xxxxx.
5.8 The Publisher agrees to offer the Eligible Author a discount of 20% on the list rate APC applicable to the Eligible Article (Gold). For the avoidance of doubt, this discount cannot be combined with any other discount available to the Eligible Author (for example, but not limited to; society membership discounts, introductory offers or APC waivers. In the case of multiple discount rates being available for the Eligible Article (Gold), the Publisher will honor the single greatest discount available to that Eligible Article (Gold)
Appears in 1 contract
Samples: License Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Upon payment of the Content and Licence Fee, the Publisher shallshall provide the Institution within 60 days of the commencement of this Licence with 1 complete copy of the Licensed Material in an appropriate format agreed by the Institution and the Publisher, which shall be accompanied by such instructions as the Institution will reasonably require to facilitate access to the Licensed Material. On receipt of the copy pursuant to this Clause 5.1, the Institution shall notify the Publisher of that receipt and shall confirm to the Publisher whether the copy contains content of a size and nature which appears consistent with that of the Licensed Material, provided always that such confirmation as to the size and nature shall on no account prejudice the Institution’s right to assert that the Publisher has failed to fully comply with its obligation under this Clause 5.1 to a complete copy of the Licensed Material to the Institution;
5.2 Upon payment of the Access Fee, the Publisher shall during the Subscription Period:
5.1.1 5.2.1 ensure access and use of the Licensed Material via its platform or a third party’s platform on its behalf in accordance with the provisions as set out in this Licence;
5.2.2 provide access and allow use of the Licensed Material in accordance with the provisions as laid down in this Licence;
5.1.2 make 5.2.3 update and improve the Licensed Materials available quality of the MARC Records from time to time and supply the Institution with such updated and its Authorised Users either from the Publisher’s server or the server of a third partyimproved MARC Records;
5.1.3 5.2.4 during the Subscription Period, 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 5.2.5 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 5.2.6 provide the Institution with fully COUNTER-compliant usage statistics on at least a quarterly basis;
5.1.6 5.2.7 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 5.2.8 use all reasonable efforts to meet the W3C standards (xxx.X0.xxx) to ensure that the Licensed Material is accessible to all Authorised Users;; and
5.1.8 inform the Institution from time 5.2.9 use all reasonable efforts to time provide link-resolver vendors and other library systems suppliers quarterly with full details of the dark archives that the Publisher uses for archiving the Licensed Material in accordance with the event of a force majeure or if the Publisher ceases to existmost current KBART standard (xxxx://xxx.xxxx.xxx/kbart/s5/guidelines); 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:
also with related data of: (i) for which the Publisher no longer retains the right to publishfirst and final year, volume, and issue; or
and (ii) the algorithm or syntax 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 constructing an article-level link from an article’s metadata within 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.
Appears in 1 contract
Samples: Licence Agreement
RESPONSIBILITIES OF THE PUBLISHER. 5.1 5.1. The Publisher shallagrees to:
5.1.1 provide access 5.1.1. make the Licensed Material available to the Members and allow use Authorised Users for the duration of the Term;
5.1.2. ensure the availability of the Licensed Material 99.98% of the time, 24 hours a day, seven days a week (except when routine maintenance is carried out in accordance which case the Publisher shall provide the Members with seven (7) days advance notice of such work and shall carry out the provisions maintenance at a time that causes least inconvenience to Maynooth University, Members and the Authorised Users), and shall restore access to the Licensed Material as laid down in this Licencesoon as possible after any interruption or suspension to the Licensed Material;
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 5.1.3. provide for customer support services to the Institution and to Authorised Users via by e-mail or phoneby a telephone help desk, and assist Authorised Users with general enquiries and issues in connection with the Licensed Material, including answering e-mail inquiries relating to the access, use, functionality and content of the Licensed Material, and shall use reasonable endeavours to resolve any such enquiries and issues promptly;
5.1.4 provide electronic product documentation free of charge5.1.4. 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 the relevant server or servers have adequate capacity and bandwidth to support the usage of the Members and their Authorised Users can discover the Licensed MaterialUsers;
5.1.7 5.1.5. use all reasonable efforts to meet the W3C standards (xxx.X0.xxx) to ensure that the Licensed Material does not contain any viruses or other computer programming routines which are intended to damage or detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal data and it shall take all reasonable precautions to ensure that no known viruses for which detection and antidote software is accessible to all Authorised Usersgenerally available are coded or introduced into the Licensed Material;
5.1.8 inform 5.1.6. make available to the Institution from time Members electronic product documentation relating to time of the dark archives that the Publisher uses for archiving the Licensed Material which is sufficient to enable Authorised Users to have a full and complete understanding of the workings, operation and functionalities of the Licensed Material, and the Members shall be entitled to copy and distribute such documentation, provided such documentation is copied in the event full and such copies include an acknowledgement of a force majeure or if the Publisher ceases to existas the licensor of the Licensed Material; 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 5.1.7. The Publisher reserves the right at any time to withdraw from the Licensed Material any item or part of an item:
i) 5.1.7.1. for which the Publisher it no longer retains the right to publishpublish and for which the Publisher has been unable to secure the provisions as set out in Clauses 9.8 and 9.9; or
ii) 5.1.7.2. for which the Publisher has reasonable grounds to believe it infringes copyright or other Intellectual Property Rights or is otherwise defamatory, obscene, unlawful or otherwise objectionable.
5.1.8. In the event that the Publisher decides to withdraw any part of a withdrawalthe Licensed Material, the Publisher shall give reasonable prior written notice thereof to the InstitutionMembers. If the withdrawn material represents more than ten five per cent (105%) of the Licensed Material, the Publisher shall make promptly refund to the Members on a pro rata refund basis such part of the Licence Fee as relates to the Institution. The refund will take period after the material is withdrawn, taking into account the amount of material withdrawn and the length of the subscription period Initial Subscription Period and any Renewal Period remaining.
5.1.9. Where articles by Verified Authors are accepted for publication in Eligible Journals during the Term, the Publisher will grant the Verified Author the option to make article version of record open access as per the terms set out in Schedule 5: Open Access Provision.
Appears in 1 contract
Samples: License Agreement
