Common use of Restrictions and Obligations Clause in Contracts

Restrictions and Obligations. 3.1 The Licensee shall not make and use Copies of the Licensed Materials for preparation of Course Packs other than for the following purposes: (a) instruction by the Licensee's instructors in relation to any Course of Study provided by the Licensee; or (b) distribution to the Licensee's students for teaching, learning, discussion or classroom use in relation to any Course of Study provided by the Licensee. For the avoidance of doubt, subject to compliance with the terms set out in this Agreement, the Licensee may allow its instructors and students to retain the Course Packs for subsequent reference. 3.2 The Licensee must ensure that: (a) all Copies of the Licensed Materials and Course Packs are only made by: (i) the instructors or staff of the Licensee; (ii) staff of organizations owned or financed by the Licensee; or (iii) staff of any organizations authorized by the Licensor; (b) all Copies of the Licensed Materials and Course Packs are only made within the premises of the Licensee, organizations owned or financed by the Licensee, or any organizations authorized by the Licensor; (c) all Copies of the Licensed Materials and Course Packs are made on the initiative of the Licensee's instructors. No Copies of the Licensed Materials or Course Packs may be made upon request by any other persons; (d) no more than one (1) Course Pack, plus sufficient Copies of that Course Pack for distribution to the Licensee's instructors and students, shall be made in relation to the same Course of Study. The Licensee shall obtain a unique reference number from the Licensor for each Course Pack ("Reference Number"); and (e) with respect to a Course Pack, it shall not include Copies of extracts from more than thirty (30) Works. 3.3 The Licensee shall observe and comply with the following limits when making Copies of the Licensed Materials: (a) subject to the limits set out in clauses 3.3 (b) to (c) below, each of the Licensee's instructors and students may receive no more than one (1) set with respect to the same Course Pack; (b) with respect to each issue of newspaper, journal or periodical, the Licensee shall not, in any one academic year, copy more than one complete article of any length from that issue of newspaper, journal or periodical for inclusion in any one single Course Pack; and (c) with respect to any other Licensed Materials other than newspapers, journals or periodicals, the Licensee shall not, in any one academic year, copy more than ten percent (10%) or a chapter of that Licensed Material, whichever covers the smaller portion of the Licensed Material, for inclusion in any one single Course Pack. 3.4 The Licensee may apply in writing to the Licensor for consent to make Copies of the Licensed Materials in excess of the limits set out in clauses 3.2(e) and 3.3 of this Agreement. The Licensor shall make all reasonable efforts to deal with all such applications for consent submitted by the Licensee within ten (10) business days after their submission. The relevant copyright owners shall have the absolute discretion in deciding: (a) whether to grant the permission to the Licensee; and (b) as to the appropriate fee with respect to the permission. The Licensee shall not make Copies of the Licensed Materials in excess of the limits set out in clauses 3.2(e) and 3.3 without prior written approval from the Licensor. 3.5 The Licensee agrees to exhibit on the first page of every Course Pack made by compilation of Copies of the Licensed Materials a notice setting out the date of making the Copies, the names of the authors, the names of the publishers, the titles of the Licensed Materials and the publication year, together with the following words: “This material (insert the Reference Number) has been copied in accordance with the terms of the licence issued by The Hong Kong Reprographic Rights Licensing Society Limited. You are not permitted to make any further copy of this material, or to make it available to others. No re-sale is permitted.” 3.6 The Licensee agrees to exercise reasonable diligence in cooperating with the Licensor in any educational programmes designed to propagate among the Licensee's instructors, staff and students knowledge of laws and policy relating to the protection of intellectual property.

Restrictions and Obligations. 3.1 The Licensee shall not make and use Paper Copies of the Licensed Materials and/or Scan Copies for preparation of Course Packs other than for the following purposes: (a) instruction by the Licensee's instructors in relation to any Course of Study provided by the Licensee; or (b) distribution make available via a network which is only accessible by those Authorized Persons by means of Secure Authentication to the Licensee's students for teaching, learning, discussion or classroom use in relation to any Course of Study provided by the Licensee. For the avoidance of doubt, subject to compliance with the terms set out in this Agreement, the Licensee is prohibited from distributing Paper Copies to Course Users but may allow its instructors and students Course Users to retain the Course Packs Paper Copies for subsequent reference. 3.2 The Subject to clause 3.4 below, the Licensee must ensure that: (a) all Scan Copies of the Licensed Materials and Course Packs are only made by: (i) the instructors or staff of the Licensee; (ii) staff of organizations owned or financed by the Licensee; or (iii) staff of any organizations authorized by the Licensor; (b) all Copies of the Licensed Materials and Course Packs are only made within the premises of the Licensee, organizations owned or financed by the Licensee, or any organizations authorized by the Licensor; (c) all Copies of the Licensed Materials and Course Packs are made on the initiative of the Licensee's instructors. No Scan Copies of the Licensed Materials or Course Packs may be made upon request by any other persons; (db) no more than one (1) Course Pack, plus sufficient Copies of that Course Pack for distribution to the Licensee's instructors and students, shall be made in relation to the same Course of Study. The Licensee shall obtain a unique reference number from the Licensor for each Course Pack ("Reference Number"); and (ec) with respect to a Course Pack, it shall not include Scan Copies of extracts from more than thirty (30) Works. 3.3 The Licensee shall observe and comply with the following limits when making Paper Copies of the Licensed Materialsand/or Scan Copies: (a) subject to the limits set out in clauses 3.3 (b) to (c) below, each of the Licensee's instructors and students may receive have no more than one (1) set with respect to the same Course Pack; (b) with respect to each issue of newspaper, journal or periodical, the Licensee shall not, in any one academic year, copy make Paper Copies and/or Scan Copies of more than one complete article of any length from that issue of newspaper, journal or periodical for inclusion in any one single Course Pack; and (c) with respect to any other Licensed Materials for Scanning, other than newspapers, journals or periodicals, the Licensee shall not, in any one academic year, copy make Paper Copies and/or Scan Copies of more than ten percent (10%) or a chapter of that Licensed MaterialMaterials for Scanning, whichever covers the smaller portion of the Licensed MaterialMaterials for Scanning, for inclusion in any one single Course Pack. 3.4 The Licensee may apply in writing to the Licensor for consent to make Copies of the Licensed Materials in excess of the limits set out in clauses 3.2(e) and 3.3 of this Agreement. The Licensor shall make all reasonable efforts to deal with all such applications for consent submitted by the Licensee within ten (10) business days after their submission. The relevant copyright owners shall have the absolute discretion in deciding: (a) whether to grant the permission to the Licensee; and (b) as to the appropriate fee with respect to the permission. The Licensee shall not make Copies of the Licensed Materials in excess of the limits set out in clauses 3.2(e) and 3.3 without prior written approval from the Licensor. 3.5 The Licensee agrees to exhibit on the first page of every Course Pack made by compilation of Copies of the Licensed Materials a notice setting out the date of making the Copies, the names of the authors, the names of the publishers, the titles of the Licensed Materials and the publication year, together with the following words: “This material (insert the Reference Number) has been copied in accordance with the terms of the licence issued by The Hong Kong Reprographic Rights Licensing Society Limited. You are not permitted to make any further copy of this material, or to make it available to others. No re-sale is permitted.” 3.6 The Licensee agrees to exercise reasonable diligence in cooperating with the Licensor in any educational programmes designed to propagate among the Licensee's instructors, staff and students knowledge of laws and policy relating to the protection of intellectual property.