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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; shall notify the Institution of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause 6.1.2 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription model; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause 6.7, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 5 contracts

Samples: Transformative Journals Licence Agreement, Transformative Journals Licence Agreement, Transformative Journals Licence Agreement

RESPONSIBILITIES OF THE PUBLISHER. The Publisher ~~shall:~~ 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~~ allocate and use sufficient resources (including servers and communications and network equipment) to provide the Access Services in accordance with the terms of this Licence; and subject to routine maintenance (which the Publisher ~~Platform or relevant server or servers have adequate capacity~~ shall use reasonable endeavours to conduct outside Access Support Hours and ~~bandwidth~~ which the Publisher shall in any event conduct in such a manner to ~~support the usage~~ minimise disruption 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~~Access Services), provide the Access Services on a continuous and ~~to restore access to the Licensed Material as soon as possible after~~ uninterrupted basis and shall, on any interruption or suspension of the ~~service; in case of prolonged and/or repeated interruption or suspension of~~ Access Services occurring, restore the ~~service~~Access Services as soon as reasonably practicable. At all times during the Subscription Period, the ~~Institution~~ Publisher shall ~~be entitled to claim fair damages and/or compensation from~~ ensure that the ~~Publisher~~Access Services meet the Service Levels, and that they comply with the Service Level Requirements. During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1~~11.1.38: 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, during the Access Support Hours, 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; and shall ~~notify~~ provide the Institution ~~of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher~~ with a monthly report detailing its performance in respect of the ~~Continuing Licensed Material made available under Clause 6.1.2 shall not implement any digital rights management technologies~~Service Levels. Withdrawal of ~~publications~~ content The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed ~~Title~~ Product or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription model; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause ~~6.7~~12.1.46, if the ~~Withdrawn Material represents more than five per cent (5%) of the~~ Publisher withdraws Licensed Material or Licensed Content then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or ~~if possible,~~ provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed ~~Title~~ Product or part of a Licensed Product no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed ~~Title~~ Product or part as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed ~~Title~~Product or part, reasonably attributable to the collection or Licensed ~~Title~~ Product or part for such period following such withdrawal.

Appears in 2 contracts

Samples: Dataset Licence Agreement, Dataset Licence Agreement

RESPONSIBILITIES OF THE PUBLISHER. The Publisher ~~shall~~agrees to: ~~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 Institutions in accordance with the ~~Institution and Authorised Users 24 hours a day (except when routine maintenance is carried out), and to restore~~ Offer as set out in Schedule 1; provide access to ~~the Licensed Material as soon as possible after any interruption or suspension~~ and allow use 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~~ the provisions of the Licence ~~or on~~ in Schedule 4; comply with the ~~exercise by~~ requirements of the ~~Institution of its rights under this Licence, for example by repeatedly requiring an Authorised User to provide active confirmation~~ Licence in relation to open access publication of Eligible Articles; allow Jisc Collections to announce any changes to the Material available to Institutions via the closed section on the Jisc Collections website; The Publisher agrees to make reasonable efforts to: provide customer support services to Subscribing Institutions and their ~~use~~ authorised users in accordance with the provisions of the Licence in Schedule 4; implement the industry standards as set out in, and comply with the terms of Schedule 5; subject to securing any necessary permissions, licences or consents (including, without limitation, any necessary permissions, licences or consents in respect of intellectual property rights), and without prejudice to any other means of authentication agreed in writing between the Publisher and Jisc Collections from time to time, take steps to implementing access to the ~~Licensed Material~~Material by UK Access Management Federation for Education and Research compliant technologies as a member of the UK Access Management Federation for Education and Research (which the Publisher shall join). (More information on the UK Access Management Federation for Education and Research can be found at xxxx://xxx.xxxxxxxxxxxx.xxx.xx); provide Jisc Collections by March of each Calendar Year with a list of Subscribing Institutions which have accepted the Offer, ~~which impair~~ the ~~usability~~ option chosen by each such Subscribing Institution, the fee paid for such option and details of ~~DOIs or other links~~each Subscribing Institution’s subscription expenditure; provide Jisc Collections annually with a complete list of the Material (including comprehensive title information, ~~or which require~~ structured where possible in the ~~downloading of software onto~~ most current KBART format as referred to in Schedule 5, with 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~~amendments highlighted), and ~~assist Authorised Users with general enquiries~~ of any amendments in ~~connection~~ comparison to the list of Material as set out in Schedule 2; correct any Metadata promptly on becoming aware of any errors in the same; comply with the ~~Licensed Material, including relating~~ requirements of Schedule 6 in relation to ~~access, use, functionality~~ Open Access Articles; notify and ~~content~~ keep Jisc Collections informed 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, provided such documents are copied in full and such copies include an ~~acknowledgement of the Publisher as the licensor of the Licensed Material; shall notify the Institution of any Licensed Material that is~~ Open Access Material. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause 6.1.2 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription model; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause 6.7, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawalArticle.

Appears in 2 contracts

Samples: Journals Framework Agreement, Journals Framework Agreement

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~~ 15.1.4 and ~~10.5~~17.1.3, 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 1014, during the Continuing Use Period, the Publisher shall at all times: ~~ensure that~~ allocate and use sufficient resources (including servers and communications and network equipment) to provide the Access Services in accordance with the terms of this Licence; and subject to routine maintenance (which the Publisher ~~Platform or relevant server or servers have adequate capacity~~ shall use reasonable endeavours to conduct outside Access Support Hours and ~~bandwidth~~ which the Publisher shall in any event conduct in such a manner to ~~support the usage~~ minimise disruption 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~~Access Services), provide the Access Services on a continuous and ~~to restore access to the Licensed Material as soon as possible after~~ uninterrupted basis and shall, on any interruption or suspension of the ~~service; in case of prolonged and/or repeated interruption or suspension of~~ Access Services occurring, restore the ~~service~~Access Services as soon as reasonably practicable. At all times during the Subscription Period, the ~~Institution~~ Publisher shall ~~be entitled to claim fair damages and/or compensation from~~ ensure that the ~~Publisher~~Access Services meet the Service Levels, and that they comply with the Service Level Requirements. During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1~~11.1.39: 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, during the Access Support Hours, 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; shall provide the Institution with a monthly report detailing its performance in respect of the Service Levels; and shall notify the Institution of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 11.1.41 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription ~~model~~model ; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause ~~6.7~~13.1.4, if the ~~Withdrawn Material represents more than five per cent (5%) of the~~ Publisher withdraws Licensed Material or Licensed Content then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or ~~if possible,~~ provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 2 contracts

Samples: Journals Licence Agreement, Journals Licence Agreement

RESPONSIBILITIES OF THE PUBLISHER. 6.1 The Publisher shall: : 6.1.1 during the Subscription Period make the Licensed Material; ~~and~~ and 6.1.2 during the Continuing Use Period, subject to ~~Clauses 10.2 and 10.5~~Clause 10, make the Continuing Licensed ~~Material~~ Material 6.1.3 available through the Publisher Platform to the Institution and Authorised Users for access, download and Permitted Use. . 6.2 During the Subscription Period and, subject to Clause 10, during the Continuing Use Period, the Publisher shall use all reasonable efforts at all ~~times:~~ times to: 6.2.1 ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; ~~and~~ and 6.2.2 make the Licensed Material or Continuing Licensed Material (as the case may be) 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 or Continuing Licensed Material (as the case may be) 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.~~ . 6.3 During the Subscription Period, the Publisher, in respect of the Licensed ~~Material made available under Clause 6.1:~~ Material, shall use all reasonable efforts: 6.3.1 not, without the agreement of the Institution, such agreement not to be unreasonably withheld, to 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~~ 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~~ his/her use of or access to the Licensed Material, or 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~~ ; 6.3.2 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~~ one (1) Working Day of such query being made~~; shall~~ ; 6.3.3 to 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material~~; shall notify the Institution of~~ ; 6.3.4 to clearly label any Licensed Material that is consists of Open Access ~~Material.~~ Articles. 6.4 During the Continuing Use Period, the Publisher shall use all reasonable efforts not, without the agreement of the Institution, such agreement not to be unreasonably withheld, to implement any digital rights management technologies or access management technologies which have a material adverse impact in respect of the Continuing Licensed Material ~~made available under~~ of the types specified in Clause ~~6.1.2 shall not implement any digital rights management technologies. Withdrawal of publications~~ 6.3.1. 6.5 The Publisher reserves the right at any time during the Term to ~~withdraw~~ remove the Withdrawn Material from the Licensed Material ~~any~~ or Continuing Licensed Material (~~including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which~~ as the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription model; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. case may be). 6.6 The Publisher shall promptly give written notice of such ~~withdrawal~~ removal to the Institution. . 6.7 Subject to Clause ~~6.7~~6.8, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option~~: reimburse such~~ : 6.7.1 make a refund for the period from the date of removal to the end of the Subscription Period of that part of the Licence Fee which the Publisher considers reasonably attributable to the Withdrawn ~~Material in respect of the period up to the date of withdrawal as is reasonable in the circumstances~~ Material, 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~~ by the Institution compared with its use of ~~such remaining period~~the remainder of the Licensed Material during the period prior to removal; or or 6.7.2 if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. . 6.8 If, in the Institution’s reasonable opinion, the ~~withdrawal~~ Withdrawn Material comprises all or a material and substantial part of the ~~Withdrawn Material results in all~~ Licensed Material ~~which is the subject~~ (including all or a material and substantial part of ~~this Licence, or~~ any collection of the Licensed ~~Materials which are~~ Material licensed as a collection under this ~~Licence,~~ Licence or ~~any~~ a material Licensed ~~Title~~ Title) and the remainder of the Licensed Material is no longer ~~being~~ useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence ~~to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty~~ on giving not less than 60 (60sixty) ~~days after the date of such notice, reimburse~~ days’ written notice to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawalPublisher.

Appears in 1 contract

Samples: Transformative Licence Agreement

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall: : 5.1.1 during the Subscription Period make the Licensed ~~Material~~Material (subject to any carve outs set out in this Licence) ; ~~and~~ and 5.1.2 during the Continuing Use Period, subject to ~~Clauses 10.2 and 10.5~~any carve outs in Clause 9.2, make available the Continuing Licensed ~~Material~~ Content available through the Publisher Platform to the Institution and Authorised Users for ~~access, download and~~ the Permitted ~~Use.~~ Uses. 5.2 During the Subscription Period and, subject to Clause 109 and Clause 15, during the Continuing Use Period, the Publisher shall at all times~~: ensure that~~ : 5.2.1 allocate and use sufficient resources (including servers and communications and network equipment) to provide the Access Services in accordance with the terms of this Licence; and 5.2.2 subject to routine maintenance (which the Publisher ~~Platform or relevant server or servers have adequate capacity~~ shall use reasonable endeavours to conduct outside Access Support Hours and ~~bandwidth~~ which the Publisher shall in any event conduct in such a manner to ~~support the usage~~ minimise disruption 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~~Access Services), provide the Access Services on a continuous and ~~to restore access to the Licensed Material as soon as possible after~~ uninterrupted basis and shall, on any interruption or suspension of the ~~service; in case of prolonged and/or repeated interruption or suspension of~~ Access Services occurring, restore the ~~service~~Access Services as soon reasonably practicable. 5.3 At all times during the Subscription Period, the ~~Institution~~ Publisher shall ~~be entitled to claim fair damages and/or compensation from~~ ensure that the ~~Publisher.~~ Access Services meet the Service Levels, and that they comply with the Service Level Requirements. 5.4 During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1:~~ 5.1: 5.4.1 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; ; 5.4.2 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, during the Access Support Hours, and shall use reasonable endeavours to answer any such query which significantly is impacting on an Authorised Users access to the Licensed Materials within 24 48 hours (excluding the periods between 5pm Friday and Monday 9am UK time) of such query being made; ; 5.4.3 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; ; 5.4.4 shall ~~notify~~ provide the Institution ~~of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher~~ with a quarterly report detailing its performance in respect of the ~~Continuing Licensed Material made available under Clause 6.1.2~~ Service Levels; and 5.4.5 shall ~~not implement any digital rights management technologies. Withdrawal~~ use reasonable efforts to notify the Institution with annual statistics of ~~publications The Publisher reserves~~ the ~~right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part~~ number Open Access Articles authored by Authorised Users of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription model; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause 6.7, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Licence Agreement

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~~ 9.2 and ~~10.5~~9.5, 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 1013, during the Continuing Use Period, the Publisher shall at all times: use all reasonable efforts to ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; and 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 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~~5.1: 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; shall notify the Institution of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Open Access Green Route The Publisher shall permit all funded authors to deposit their accepted manuscripts in Institutional Systems and approved repositories under licence terms and with an Embargo Period that comply with their Funders’ policies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which ~~has converted to full open access and is no longer offered under the subscription model; or which~~ the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause ~~6.7~~5.7, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the ~~Licence~~ Reading Fee attributable to the Withdrawn Material in respect of the period up to the 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~~ Reading 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the ~~Licence~~ Reading Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Framework Agreement

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall: : 5.1.1 during the Subscription Period make the Licensed Material; ~~and~~ and 5.1.2 during the Continuing Use Period, subject to Clauses ~~10.2~~ 13.2 and ~~10.5~~13.5, make the Continuing Licensed Material available through the Publisher Platform to the Institution and Authorised Users for access, download and Permitted Use. . 5.2 During the Subscription Period and, subject to Clause 1013, during the Continuing Use Period, the Publisher shall at all times: : 5.2.1 use all reasonable efforts to ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; ~~and~~ and 5.2.2 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 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.~~ ; 5.3 During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1:~~ 5.1: 5.3.1 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; ; 5.3.2 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; ; 5.3.3 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; ; 5.3.4 shall notify the Institution of any Licensed Material that is Open Access Material. . 5.4 During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Withdrawal of ~~publications~~ publications 5.5 The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): ): 5.5.1 which the Publisher is no longer entitled to publish; or or 5.5.2 which has converted to full open access and is no longer offered under the subscription ~~model~~model ; or or 5.5.3 which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. . 5.6 The Publisher shall promptly give written notice of such withdrawal to the Institution. . 5.7 Subject to Clause ~~6.7~~5.6, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: : 5.7.1 reimburse such part of the ~~Licence~~ Reading Fee attributable to the Withdrawn Material in respect of the period up to the 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~~ Reading 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 such remaining period; or or 5.7.2 if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. . 5.8 If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution (via Jisc Collections) such part of the ~~Licence~~ Reading Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Licence Agreement

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~~ Authorized 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~~ Authorized Users 24 hours a day (except when routine or emergency 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~~5.1: shall not, without the agreement of the Institution, such agreement not to be unreasonably withheld, conditioned or delayed, 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~~ License or on the exercise by the Institution of its rights under this ~~Licence~~License, for example by repeatedly requiring an ~~Authorised~~ Authorized 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~~ Authorized Users by ~~e-mail~~ email or by a telephone help desk, and assist ~~Authorised~~ Authorized 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~~ endeavors to answer any such query within ~~24 hours~~ one working day 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~~ Authorized Users to access and make use of the Licensed Material, which the Institution shall be entitled to copy and distribute, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; ~~shall notify the Institution of any Licensed Material that is Open Access Material.~~ During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2, shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of the Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish~~; or which has converted to full open access and is no longer offered under the subscription model~~; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause 6.7, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Open Access Journals License Agreement

RESPONSIBILITIES OF THE PUBLISHER. ~~The Publisher shall: during~~ During the Subscription Period the Publisher shall 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~~ allocate and use sufficient resources (including servers and communications and network equipment) to provide the Access Services in accordance with the terms of this Sub-Licence; and subject to routine maintenance (which the Publisher ~~Platform or relevant server or servers have adequate capacity~~ shall use reasonable endeavours to conduct outside Access Support Hours and ~~bandwidth~~ which the Publisher shall in any event conduct in such a manner to ~~support the usage~~ minimise disruption 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~~Access Services), provide the Access Services on a continuous and ~~to restore access to the Licensed Material as soon as possible after~~ uninterrupted basis and shall, on any interruption or suspension of the ~~service; in case of prolonged and/or repeated interruption or suspension of~~ Access Services occurring, restore the ~~service~~Access Services as soon as reasonably practicable. At all times during the Subscription Period, the ~~Institution~~ Publisher shall ~~be entitled to claim fair damages and/or compensation from~~ ensure that the ~~Publisher~~Access Services meet the Service Levels, and that they comply with the Service Level Requirements. During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1~~11.1.38: 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 Sub-Licence or on the exercise by the Institution of its rights under this Sub-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, during the Access Support Hours, 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; and shall ~~notify~~ provide the Institution ~~of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher~~ with a monthly report detailing its performance in respect of the ~~Continuing Licensed Material made available under Clause 6.1.2 shall not implement any digital rights management technologies.~~ Service Levels; Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed ~~Title~~ Product or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription model; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause ~~6.7~~12.1.46, if the ~~Withdrawn Material represents more than five per cent (5%) of the~~ Publisher withdraws Licensed Material or Licensed Content then the Publisher shall, at the Institution’s option: reimburse such part of the Sub-Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 Sub-Licence; and reduce the Sub-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 such remaining period; or ~~if possible,~~ provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material ~~which is~~ the subject of this Sub-Licence, or any collection of Licensed Materials which are licensed as a collection under this Sub-Licence, or any Licensed ~~Title~~ Product or part of a Licensed Product no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to ~~the Publisher~~Jisc Collections, terminate this Sub-Licence to all the Licensed Material, or its application to such collection, or Licensed ~~Title~~ Product or part as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Sub-Licence Fee as is reasonably attributable to the Licensed Material for such period following such withdrawal, or in the case of a collection or Licensed ~~Title~~Product or part, reasonably attributable to the collection or Licensed ~~Title~~ Product or part for such period following such withdrawal.

Appears in 1 contract

Samples: Sub Licence Agreement

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall: : 5.1.1 during the Subscription Period make the Licensed Material~~; and~~ 5.1.2 during the Continuing Use Period, subject to ~~Clauses 10.2 and 10.5~~Clause 13.3, make the Continuing Licensed Material available through the Publisher Platform to ~~the~~ an Institution and Authorised Users for access, download and Permitted Use. . 5.2 During the Subscription Period and, subject to Clause 1014, during the Continuing Use Period, the Publisher shall at all times: : 5.2.1 use all reasonable efforts to ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of ~~the~~ an Institution; ~~and~~ and 5.2.2 use all reasonable efforts to make the Licensed Material available to ~~the~~ an 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.~~ ; 5.3 During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1:~~ 5.1: 5.3.1 shall not, without the agreement of ~~the~~ an 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~~ an 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; ; 5.3.2 shall use reasonable efforts to provide support to ~~Authorised Users~~ an Institution by e-mail or by a telephone help ~~desk~~desk during Business Hours on Working Days, and assist ~~Authorised Users~~ an Institution 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 made, within 24 hours of such query being made; , provided that a response shall not be required to be made outside Business Hours and on any day other than Working Days; 5.3.3 shall provide to ~~the~~ an Institution electronic product documentation relating to the Licensed ~~Material~~ Material, as relevant, which is reasonably sufficient to enable Authorised Users to access and make use of the Licensed Material, which ~~the~~ an Institution shall be entitled to copy and distribute, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; and 5.3.4 shall notify ~~the~~ an Institution of any Licensed Material that is Open Access ~~Material.~~ Material pursuant to Schedule 5 . 5.4 During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies~~. Withdrawal of publications~~ . 5.5 The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): ): 5.5.1 which the Publisher is no longer entitled to publish; or or 5.5.2 which has converted to full open access and is no longer offered under the subscription ~~model~~model ; or or 5.5.3 which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. . 5.6 The Publisher shall promptly give written notice of such withdrawal to the ~~Institution.~~ Consortium. 5.7 Subject to Clause ~~6.7~~5.6, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall~~, at the Institution’s option:~~ : 5.7.1 reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the date of withdrawal as stated in the notice in Clause 5.6 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 such remaining period; or or 5.7.2 if possible, provide a substitute for the Withdrawn Material ~~acceptable~~ to the ~~Institution.~~ Institutions. 5.8 If, in ~~the Institution~~Consortium’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Consortium, Institution or the Authorised Users, ~~the Institution~~ Consortium may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, in accordance with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawalClause 14.2.

Appears in 1 contract

Samples: Consortium Licence

RESPONSIBILITIES OF THE PUBLISHER. The Publisher shall: during the ~~Subscription~~ Participation Period make the Licensed Material; and during the Continuing Use Period, subject to Clauses ~~10.2~~ 13.2 and ~~10.5~~13.5, 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~~ Participation Period and, subject to Clause 109, during the Continuing Use Period, the Publisher shall at all times: use all reasonable efforts to ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; and 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 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~~ Participation Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1~~5.1: 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; shall notify the Institution of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which ~~has converted to full open access and is no longer offered under the subscription model; or which~~ the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause ~~6.7~~5.6, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse (via Jisc Collections) such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. The Publisher reserves the right to convert hybrid subscription journals to full open access journals during the Term. Any Licensed Material converted to full open access through the transformation of a hybrid journal to open access will not be considered as Withdrawn Material if such journal remains a Licensed Title under this Licence. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution (via Jisc Collections) such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Framework Agreement

RESPONSIBILITIES OF THE PUBLISHER. 5.1 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. . 5.2 During the Subscription Period ~~and, subject to Clause 10, during the Continuing Use Period,~~ the Publisher shall at all times: : 5.2.1 use all reasonable efforts to ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; ~~and~~ and 5.2.2 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 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.~~ ; 5.3 During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1:~~ 5.1: 5.3.1 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; ; 5.3.2 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; ; 5.3.3 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; ; 5.3.4 shall notify the Institution of any Licensed Material that is Open Access Material. ~~During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause 6.1.2 shall not implement any digital rights management technologies.~~ Withdrawal of ~~publications~~ publications 5.4 The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): ): 5.4.1 which the Publisher is no longer entitled to publish; or or 5.4.2 which has converted to full open access and is no longer offered under the subscription ~~model~~model ; or or 5.4.3 which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. . 5.5 The Publisher shall promptly give written notice of such withdrawal to the Institution. . 5.6 Subject to Clause ~~6.7~~5.6, if the Withdrawn Material represents more than ~~five~~ ten per cent (510%) of the Licensed Material then the Publisher shall, at the Institution’s option: : 5.6.1 reimburse such part of the ~~Licence~~ Reading Fee attributable to the Withdrawn Material in respect of the period up to the 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~~ Reading 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 such remaining period; or or 5.6.2 if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. . 5.7 If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the ~~Licence~~ Reading Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Licence Agreement

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall: : 5.1.1 during the ~~Subscription~~ Participation Period make the Licensed Material; ~~and~~ and 5.1.2 during the Continuing Use Period, subject to Clauses ~~10.2~~ 13.2 and ~~10.5~~13.5, make the Continuing Licensed Material available through the Publisher Platform to the Institution and Authorised Users for access, download and Permitted Use. . 5.2 During the ~~Subscription~~ Participation Period and, subject to Clause 1013, during the Continuing Use Period, the Publisher shall at all times: : 5.2.1 use all reasonable efforts to ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; ~~and~~ and 5.2.2 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 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.~~ ; 5.3 During the ~~Subscription~~ Participation Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1:~~ 5.1: 5.3.1 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; ; 5.3.2 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; ; 5.3.3 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; ; 5.3.4 shall notify the Institution of any Licensed Material that is Open Access Material. . 5.4 During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Withdrawal of ~~publications~~ publications 5.5 The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): ): 5.5.1 which the Publisher is no longer entitled to publish; ~~or which has converted to full open access and is no longer offered under the subscription model; or~~ or 5.5.2 which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. . 5.6 The Publisher shall promptly give written notice of such withdrawal to the Institution. . 5.7 Subject to Clause ~~6.7~~5.6, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: : 5.7.1 reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or or 5.7.2 if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. . 5.8 If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Framework Agreement

RESPONSIBILITIES OF THE PUBLISHER. The Publisher ~~shall~~agrees to: ~~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 Institutions in accordance with the ~~Institution and Authorised Users 24 hours a day (except when routine maintenance is carried out), and to restore~~ Offer as set out in Schedule 1; provide access to ~~the Licensed Material as soon as possible after any interruption or suspension~~ and allow use 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~~ the provisions of the Licence ~~or on~~ in Schedule 4; comply with the ~~exercise by~~ requirements of the ~~Institution of its rights under this Licence, for example by repeatedly requiring an Authorised User to provide active confirmation~~ Licence in relation to open access publication of Eligible Articles; allow Jisc Collections to announce any changes to the Material available to Institutions via the closed section on the Jisc Collections website; The Publisher agrees to make reasonable efforts to: provide customer support services to Subscribing Institutions and their ~~use~~ authorised users in accordance with the provisions of the Licence in Schedule 4; implement the industry standards as set out in, and comply with the terms of Schedule 5; subject to securing any necessary permissions, licences or consents (including, without limitation, any necessary permissions, licences or consents in respect of intellectual property rights), and without prejudice to any other means of authentication agreed in writing between the Publisher and Jisc Collections from time to time, take steps to implementing 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~~ Material by UK Access Management Federation for ~~accessing or using the Licensed Material; shall use reasonable efforts to provide support to Authorised Users by e-mail or by~~ Education and Research compliant technologies as 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~~ member of the ~~Licensed Material~~UK Access Management Federation for Education and Research (which the Publisher shall join). (More information on the UK Access Management Federation for Education and Research can be found at xxxx://xxx.xxxxxxxxxxxx.xxx.xx); provide Jisc Collections by March of each Calendar Year with a list of Subscribing Institutions which have accepted the Offer, the option chosen by each such Subscribing Institution, the fee paid for such option and ~~shall use reasonable endeavours to answer any such query within 24 hours~~ details of ~~such query being made~~each Subscribing Institution’s subscription expenditure; ~~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~~ Jisc Collections annually with a complete list of the Licensed Material, which the Institution shall be entitled to copy and distribute, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; shall notify the Institution of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause 6.1.2 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including comprehensive title information, structured where possible in the most current KBART format as referred to in Schedule 5, with any ~~Licensed Title or Licensed Content or part~~ amendments highlighted), and of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription model; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal any amendments in comparison to the ~~Institution. Subject to Clause 6.7, if the Withdrawn~~ list of Material ~~represents more than five per cent (5%)~~ as set out in Schedule 2; correct any Metadata promptly on becoming aware of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the date of withdrawal as is reasonable any errors in the ~~circumstances having regard~~ same; comply with the requirements of Schedule 6 in relation 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.Open Access Articles;

Appears in 1 contract

Samples: Journals Framework Agreement

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall: : 5.1.1 during the Subscription Period make the Licensed Material; ~~and~~ and 5.1.2 during the Continuing Use Period, subject to Clauses ~~10.2~~ 13.2 and ~~10.5~~13.5, make the Continuing Licensed Material available through the Publisher Platform to the Institution and Authorised Users for access, download and Permitted Use. . 5.2 During the Subscription Period and, subject to Clause 100, during the Continuing Use Period, the Publisher shall at all times~~: ensure that~~ : 5.2.1 allocate and use sufficient resources (including servers and communications and network equipment) to provide the Access Services in accordance with the terms of this Licence; and 5.2.2 subject to routine maintenance (which the Publisher ~~Platform or relevant server or servers have adequate capacity~~ shall use reasonable endeavours to conduct outside Access Support Hours and ~~bandwidth~~ which the Publisher shall in any event conduct in such a manner to ~~support the usage~~ minimise disruption 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~~Access Services), provide the Access Services on a continuous and ~~to restore access to the Licensed Material as soon as possible after~~ uninterrupted basis and shall, on any interruption or suspension of the ~~service; in case of prolonged and/or repeated interruption or suspension of~~ Access Services occurring, restore the ~~service, the Institution shall be entitled to claim fair damages and/or compensation from the Publisher.~~ Access Services as soon as reasonably practicable. 5.3 During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1:~~ 5.1: 5.3.1 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; ; 5.3.2 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, during the Access Support Hours, and shall use reasonable endeavours to answer any such query within 24 48 hours of such query being made; ; 5.3.3 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material~~; shall notify the Institution of any Licensed Material that is Open Access Material.~~ ; 5.4 During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies, unless the Publisher ensures at the same time that Authorised Users will retain full access as under this Licence to the Continuing Licensed Material. Withdrawal of ~~publications~~ publications 5.5 The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): ): 5.5.1 which the Publisher is no longer entitled to publish; or or 5.5.2 which has converted to full open access and is no longer offered under the subscription ~~model~~model ; or or 5.5.3 which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. . 5.6 The Publisher shall promptly give written notice of such withdrawal to the Institution. . 5.7 Subject to Clause ~~6.7~~5.6, if the ~~Withdrawn Material represents more than five per cent (5%) of the~~ Publisher withdraws Licensed Material or Licensed Content then the Publisher shall, at the Institution’s option: : 5.7.1 reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; ~~or if possible,~~ or 5.7.2 provide a substitute for the Withdrawn Material acceptable to the Institution. . 5.8 If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Licence Agreement

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall: : 5.1.1 during the Subscription Period make the Licensed ~~Material~~Material available through the Publisher Platform; ~~and~~ and 5.1.2 during the Continuing Use Period, subject to ~~Clauses 10.2 and 10.5~~Clause 13.2, make the Continuing Licensed Material available through ~~the Publisher Platform~~ Portico (for institutions that subscribe to Portico) to the Institution and Authorised Users for access, download and Permitted Use. . 5.2 During the Subscription Period and, subject to Clause 1013, during the Continuing Use Period, the Publisher shall at all times: : 5.2.1 use all reasonable efforts to ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; ~~and~~ and 5.2.2 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 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.~~ ; 5.3 During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1:~~ 5.1: 5.3.1 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; ; 5.3.2 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; ; 5.3.3 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; ; 5.3.4 shall notify the Institution of any Licensed Material that is Open Access Material. . 5.4 During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 through Portico (for institutions that subscribe to Portico) shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription model; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause 6.7, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Licence Agreement

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~~ 16.1.4 and ~~10.5~~18.1.3, make the Continuing Licensed Material available through the Publisher Platform to the Institution and Authorised Users for access, download and Permitted Use. ~~During~~ during the Subscription Period and, subject to Clause 1015, during the Continuing Use Period, the Publisher shall at all times: ~~ensure that~~ allocate and use sufficient resources (including servers and communications and network equipment) to provide the Access Services in accordance with the terms of this Sub-Licence; and subject to routine maintenance (which the Publisher ~~Platform or relevant server or servers have adequate capacity~~ shall use reasonable endeavours to conduct outside Access Support Hours and ~~bandwidth~~ which the Publisher shall in any event conduct in such a manner to ~~support the usage~~ minimise disruption 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~~Access Services), provide the Access Services on a continuous and ~~to restore access to the Licensed Material as soon as possible after~~ uninterrupted basis and shall, on any interruption or suspension of the ~~service; in case of prolonged and/or repeated interruption or suspension of~~ Access Services occurring, restore the ~~service~~Access Services as soon as reasonably practicable. At all times during the Subscription Period, the ~~Institution~~ Publisher shall ~~be entitled to claim fair damages and/or compensation from~~ ensure that the ~~Publisher~~Access Services meet the Service Levels, and that they comply with the Service Level Requirements. During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1~~11.1.39: 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 Sub-Licence or on the exercise by the Institution of its rights under this Sub-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, during the Access Support Hours, 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; shall provide the Institution with a monthly report detailing its performance in respect of the Service Levels; and shall notify the Institution of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 11.1.41 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription model; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause ~~6.7~~13.1.4, if the ~~Withdrawn Material represents more than five per cent (5%) of the~~ Publisher withdraws Licensed Material or Licensed Content then the Publisher shall, at the Institution’s option: reimburse such part of the Sub-Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 Sub-Licence; and reduce the Sub-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 such remaining period; or ~~if possible,~~ provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material ~~which is~~ the subject of this Sub-Licence, or any collection of Licensed Materials which are licensed as a collection under this Sub-Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to ~~the Publisher~~Jisc Collections, terminate this Sub-Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Sub-Licence Fee as is reasonably attributable to the Licensed Material for such period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Sub Licence Agreement

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~~ 13.2 and ~~10.5~~13.5, 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 1013, during the Continuing Use Period, the Publisher shall at all times: ~~ensure that~~ allocate and use sufficient resources (including servers and communications and network equipment) to provide the Access Services in accordance with the terms of this Licence; and subject to routine maintenance (which the Publisher ~~Platform or relevant server or servers have adequate capacity~~ shall use reasonable endeavours to conduct outside Access Support Hours and ~~bandwidth~~ which the Publisher shall in any event conduct in such a manner to ~~support the usage~~ minimise disruption 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~~Access Services), provide the Access Services on a continuous and ~~to restore access to the Licensed Material as soon as possible after~~ uninterrupted basis and shall, on any interruption or suspension of the ~~service; in case of prolonged and/or repeated interruption or suspension of~~ Access Services occurring, restore the ~~service~~Access Services as soon as reasonably practicable. At all times during the Subscription Period, the ~~Institution~~ Publisher shall ~~be entitled to claim fair damages and/or compensation from~~ ensure that the ~~Publisher~~Access Services meet the Service Levels, and that they comply with the Service Level Requirements. During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1~~5.1: 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, during the Access Support Hours, 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; shall provide the Institution with a monthly report detailing its performance in respect of the Service Levels; and shall notify the Institution of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription ~~model~~model ; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause ~~6.7~~5.7, if the ~~Withdrawn Material represents more than five per cent (5%) of the~~ Publisher withdraws Licensed Material or Licensed Content then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or ~~if possible,~~ provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Licence Agreement

RESPONSIBILITIES OF THE PUBLISHER. The Publisher shall: during the ~~Subscription~~ Participation Period make the Licensed Material; and during the Continuing Use Period, subject to Clauses ~~10.2~~ 13.2 and ~~10.5~~13.5, 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~~ Participation Period and, subject to Clause 109, during the Continuing Use Period, the Publisher shall at all times: use all reasonable efforts to ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; and 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 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~~ Participation Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1~~5.1: 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; shall notify the Institution of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which ~~has converted to full open access and is no longer offered under the subscription model; or which~~ the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause ~~6.7~~5.7, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse (via Jisc Collections) such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution (via Jisc Collections) such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Framework Agreement

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~~ 13.2 and ~~10.5~~13.5, 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 1013, during the Continuing Use Period, the Publisher shall at all times: use all reasonable efforts to ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; and 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 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~~5.1: 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; shall notify the Institution of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription ~~model~~model ; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause ~~6.7~~5.6, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Framework Agreement

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~~ Authorized 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~~ Authorized Users 24 hours a day (except when routine or emergency 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, conditioned or delayed, 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~~ License or on the exercise by the Institution of its rights under this ~~Licence~~License, for example by repeatedly requiring an ~~Authorised~~ Authorized 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~~ Authorized Users by ~~e-mail~~ email or by a telephone help desk, and assist ~~Authorised~~ Authorized 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~~ endeavors to answer any such query within ~~24 hours~~ one working day 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~~ Authorized Users to access and make use of the Licensed Material, which the Institution shall be entitled to copy and distribute, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; ~~shall notify the Institution of any Licensed Material that is Open Access Material.~~ During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 6.1.2, shall not implement any digital rights management technologies. ~~Withdrawal of publications~~ The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of the Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish~~; or which has converted to full open access and is no longer offered under the subscription model~~; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause 6.7, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the ~~Licence~~ License Fee attributable to the Withdrawn Material in respect of the period up to the 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~~License; and reduce the ~~Licence~~ License 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this ~~Licence~~License, or any collection of Licensed Materials which are licensed as a collection under this ~~Licence~~License, or any Licensed Title no longer being useful to the Institution or the ~~Authorised~~ Authorized Users, the Institution may, by notice to the Publisher, terminate this ~~Licence~~ License to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the ~~Licence~~ License Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Open Access Journals License Agreement

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~~ 13.2 and ~~10.5~~13.5, 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 1013, during the Continuing Use Period, the Publisher shall at all times: use all reasonable efforts to ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; and 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 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~~5.1: 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; shall notify the Institution of any Licensed Material that is Open Access Material. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription ~~model~~model ; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause ~~6.7~~5.6, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the ~~Licence~~ Reading Fee attributable to the Withdrawn Material in respect of the period up to the 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~~ Reading 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the ~~Licence~~ Reading Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Framework Agreement

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall: : 5.1.1 during the Subscription Period make the Licensed Material; ~~and~~ and 5.1.2 during the Continuing Use Period, subject to Clauses ~~10.2~~ 13.2 and ~~10.5~~13.5, make the Continuing Licensed Material available through the Publisher Platform to the Institution and Authorised Users for access, download and Permitted Use. . 5.2 During the Subscription Period and, subject to Clause 1013, during the Continuing Use Period, the Publisher shall at all times~~: ensure that~~ : 5.2.1 allocate and use sufficient resources (including servers and communications and network equipment) to provide the Access Services in accordance with the terms of this Licence; and 5.2.2 subject to routine maintenance (which the Publisher ~~Platform or relevant server or servers have adequate capacity~~ shall use reasonable endeavours to conduct outside Access Support Hours and ~~bandwidth~~ which the Publisher shall in any event conduct in such a manner to ~~support the usage~~ minimise disruption 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~~Access Services), provide the Access Services on a continuous and ~~to restore access to the Licensed Material as soon as possible after~~ uninterrupted basis and shall, on any interruption or suspension of the ~~service; in case of prolonged and/or repeated interruption or suspension of~~ Access Services occurring, restore the ~~service~~Access Services as soon as reasonably practicable. 5.3 At all times during the Subscription Period, the ~~Institution~~ Publisher shall ~~be entitled to claim fair damages and/or compensation from~~ ensure that the ~~Publisher.~~ Access Services meet the Service Levels, and that they comply with the Service Level Requirements. 5.4 During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1:~~ 5.1: 5.4.1 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; ; 5.4.2 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, during the Access Support Hours, and shall use reasonable endeavours to answer any such query within 24 hours of such query being made; ; 5.4.3 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; 5.4.4 shall provide the Institution with a monthly report detailing its performance in respect of the Service Levels; and 5.4.5 shall notify the Institution of any Licensed Material that is Open Access Material. . 5.5 During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Withdrawal of ~~publications~~ publications 5.6 The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): ): 5.6.1 which the Publisher is no longer entitled to publish; or or 5.6.2 which has converted to full open access and is no longer offered under the subscription ~~model~~model ; or or 5.6.3 which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. . 5.7 The Publisher shall promptly give written notice of such withdrawal to the Institution. . 5.8 Subject to Clause ~~6.7~~5.7, if the ~~Withdrawn Material represents more than five per cent (5%) of the~~ Publisher withdraws Licensed Material or Licensed Content then the Publisher shall, at the Institution’s option: : 5.8.1 reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; ~~or if possible,~~ or 5.8.2 provide a substitute for the Withdrawn Material acceptable to the Institution. . 5.9 If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Licence Agreement

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall: : 5.1.1 during the Subscription Period make the Licensed Material; ~~and~~ and 5.1.2 during the Continuing Use Period, subject to Clauses ~~10.2~~ 9.2 and ~~10.5~~9.5, make the Continuing Licensed Material available through the Publisher Platform to the Institution and Authorised Users for access, download and Permitted Use. . 5.2 During the Subscription Period and, subject to Clause 109, during the Continuing Use Period, the Publisher shall at all times~~: ensure that~~ : 5.2.1 allocate and use sufficient resources (including servers and communications and network equipment) to provide the Access Services in accordance with the terms of this Licence; and 5.2.2 subject to routine maintenance (which the Publisher ~~Platform or relevant server or servers have adequate capacity~~ shall use reasonable endeavours to conduct outside Access Support Hours and ~~bandwidth~~ which the Publisher shall in any event conduct in such a manner to ~~support the usage~~ minimise disruption 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~~Access Services), provide the Access Services on a continuous and ~~to restore access to the Licensed Material as soon as possible after~~ uninterrupted basis and shall, on any interruption or suspension of the ~~service; in case of prolonged and/or repeated interruption or suspension of~~ Access Services occurring, restore the ~~service~~Access Services as soon as reasonably practicable. 5.3 At all times during the Subscription Period, the ~~Institution~~ Publisher shall ~~be entitled to claim fair damages and/or compensation from~~ ensure that the ~~Publisher.~~ Access Services meet the Service Levels, and that they comply with the Service Level Requirements. 5.4 During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1:~~ 5.1: 5.4.1 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; ; 5.4.2 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, during the Access Support Hours, and shall use reasonable endeavours to answer any such query within 24 hours of such query being made; ; 5.4.3 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material; and 5.4.4 shall notify the Institution of any Licensed Material that is Open Access Material. . 5.5 During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Withdrawal of ~~publications~~ publications 5.6 The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): ): 5.6.1 which the Publisher is no longer entitled to publish; or or 5.6.2 which has converted to full open access and is no longer offered under the subscription ~~model~~model ; or or 5.6.3 which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. . 5.7 The Publisher shall promptly give written notice of such withdrawal to the Institution. . 5.8 Subject to Clause ~~6.7~~5.7, if the ~~Withdrawn Material represents more than five per cent (5%) of the~~ Publisher withdraws Licensed Material or Licensed Content then the Publisher ~~shall, at the Institution’s option:~~ shall reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period~~; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution.~~ . 5.9 If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Licence Agreement

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~~ 13.2 and ~~10.5~~13.5, 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 1013, during the Continuing Use Period, the Publisher shall at all times: use all reasonable efforts to ensure that the Publisher Platform or relevant server or servers have adequate capacity and bandwidth to support the usage of the Institution; and 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 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~~5.1: 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material~~; shall notify the Institution of any Licensed Material that is Open Access Material~~. During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription ~~model~~model ; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause 6.7, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution (via Jisc Collections) such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Read and Publish Licence Agreement

RESPONSIBILITIES OF THE PUBLISHER. 5.1 The Publisher shall: : 5.1.1 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. . 5.2 During the Subscription Period and, subject to Clause 109, during the Continuing Use Period, the Publisher shall at all times~~: ensure that~~ : 5.2.1 allocate and use sufficient resources (including servers and communications and network equipment) to provide the Access Services in accordance with the terms of this Licence; and 5.2.2 subject to routine maintenance (which the Publisher ~~Platform or relevant server or servers have adequate capacity~~ shall use reasonable endeavours to conduct outside Access Support Hours and ~~bandwidth~~ which the Publisher shall in any event conduct in such a manner to ~~support the usage~~ minimise disruption 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~~Access Services), provide the Access Services on a continuous and ~~to restore access to the Licensed Material as soon as possible after~~ uninterrupted basis and shall, on any interruption or suspension of the ~~service; in case of prolonged and/or repeated interruption or suspension of~~ Access Services occurring, restore the ~~service, the Institution shall be entitled to claim fair damages and/or compensation from the Publisher.~~ Access Services as soon as reasonably practicable. 5.3 During the Subscription Period, the Publisher, in respect of the Licensed Material made available under Clause ~~6.1:~~ 5.1: 5.3.1 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~~ digital object identifiers (DOIs) or other links, or which require the downloading of software onto any platform used for accessing or using the Licensed Material; ; 5.3.2 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, during the Access Support Hours, and shall use reasonable endeavours to answer any such query within ~~24 hours~~ one Business Day of such query being made; ; 5.3.3 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, provided such documents are copied in full and such copies include an acknowledgement of the Publisher as the licensor of the Licensed Material~~; shall notify the Institution of any Licensed Material that is Open Access Material.~~ . 5.4 During the Continuing Use Period, the Publisher in respect of the Continuing Licensed Material made available under Clause ~~6.1.2~~ 5.1.2 shall not implement any digital rights management technologies. Withdrawal of publications The Publisher reserves the right at any time to withdraw from the Licensed Material any Licensed Material (including any Licensed Title or Licensed Content or part of Licensed Content) (“Withdrawn Material”): which the Publisher is no longer entitled to publish; or which has converted to full open access and is no longer offered under the subscription model; or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. The Publisher shall promptly give written notice of such withdrawal to the Institution. Subject to Clause 6.7, if the Withdrawn Material represents more than five per cent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the 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 such remaining period; or if possible, provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title as the case may be, with immediate effect. In such case the Publisher shall, within sixty (60) days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title, reasonably attributable to the collection or Licensed Title for such period following such withdrawal.

Appears in 1 contract

Samples: Journals Licence Agreement

Common use of RESPONSIBILITIES OF THE PUBLISHER Clause in Contracts