Restrictions on Use of Licensed Materials. 3.1 Save as set out in this Agreement, the Licensee and the Authorized Users shall not: (1) permit any third party or individual to use the Licensed Materials and the Licensed Materials shall not be distributed to any unauthorised users, third parties, or used for any purpose which is not permitted pursuant to this Agreement (including without limitation any commercial purpose, sale of the Licensed Materials, bulk reproduction or distribution of the Licensed Materials or commercially sponsored research); (2) modify, change or develop the Licensed Materials in any way or create a derivative work of the Licensed Materials (3) remove, obscure or modify any copyright, trade xxxx or other notices included in the Licensed Materials; (4) re-publish any items from the Licensed Materials, unless the Licensee has first obtained copyright permission from the appropriate copyright holder or archive. Permission from the original source archive/copyright holder in the case of re-publication of figures, tables and brief excerpts from the Licensed Materials in an Authorised User's own scientific, scholarly and educational works is always necessary and the Licensee should also obtain correct wording for all citations and credits from the original source archive/copyholder; or (5) remove, bypass, circumvent, neutralise, or modify any of the technological protection measures used for the Licensed Materials. 3.2 Raw data may be extracted from the Licensed Materials. In order to protect the integrity of server performance for the Licensor's customers, Licencee and Licensor intend on finding a consent concerning the best process for the automated extraction of data directly from the Licensed Materials (for example only, by the use of data mining software). Notwithstanding the above, the Licensed Material may be used to set up value-added services, such as text and data mining, to enhance services, to encourage scholarship, teaching and learning and to conduct research by the Licensee and Authorised Users according to the following principles, as long as the purpose is not to create a product for use by third parties that would substitute the Licenses Materials. Text and data mining may be performed on the unchanged Licensed Materials or on extracted data (including but not limited to reproducing, storing, adapting, assembling large collections or extracting substantial portions of data and analysing them). The raw data is research data and may be stored, published and distributed in any medium or form under any licence in order to ensure reproducibility and sustainability, as long as the Licensed Materials cannot be reconstructed in its original, human readable form. The Licensor will cooperate with Licensee, Institutions and Authorised Users as reasonably necessary in making the Licensed Materials available in a manner and form most useful to the Licensee, Institutions and Authorised Users. Attribution must be made to the Licensor in an appropriate manner and form. 3.3 Before the Licensee makes available any of the Licensed Materials to the Authorised Users, the Licensee shall require that all Authorised Users accept end user terms and conditions of use of the Licensed Materials that: (1) require Authorised Users to comply with all applicable laws in using the Licensed Materials; (2) state that the Licensed Materials being supplied are only for the Authorised User's personal use; (3) prohibit reproduction or distribution of Licensed Materials that violates applicable law; (4) contain a reservation for the Licensor of all Intellectual Property and other rights in the Licensed Materials; and (5) Set out the limitations on access and use of the Licensed Materials as set forth in this Agreement,
Appears in 4 contracts
Samples: License Agreement, License Agreement, License Agreement
Restrictions on Use of Licensed Materials. 3.1 Save as set out in this Agreement, the Licensee and the Authorized Users shall not:
(1) permit any third party or individual to use the Licensed Materials and the Licensed Materials shall not be distributed to any unauthorised users, third parties, or used for any purpose which is not permitted pursuant to this Agreement (including without limitation any commercial purpose, sale of the Licensed Materials, bulk reproduction or distribution of the Licensed Materials or commercially sponsored research);
(2) modify, change or develop the Licensed Materials in any way or create a derivative work of the Licensed Materials
(3) remove, obscure or modify any copyright, trade xxxx mark or other notices included in the Licensed Materials;
(4) re-publish any items from the Licensed Materials, unless the Licensee has first obtained copyright permission from the appropriate copyright holder or archive. Permission from the original source archive/copyright holder in the case of re-publication of figures, tables and brief excerpts from the Licensed Materials in an Authorised User's own scientific, scholarly and educational works is always necessary and the Licensee should also obtain correct wording for all citations and credits from the original source archive/copyholder; or
(5) remove, bypass, circumvent, neutralise, or modify any of the technological protection measures used for the Licensed Materials.
3.2 Raw data may be extracted from the Licensed Materials. In order to protect the integrity of server performance for the Licensor's customers, Licencee and Licensor intend on finding a consent concerning the best process for the automated extraction of data directly from the Licensed Materials (for example only, by the use of data mining software). Notwithstanding the above, the Licensed Material may be used to set up value-added services, such as text and data mining, to enhance services, to encourage scholarship, teaching and learning and to conduct research by the Licensee and Authorised Users according to the following principles, as long as the purpose is not to create a product for use by third parties that would substitute the Licenses Materials. Text and data mining may be performed on the unchanged Licensed Materials or on extracted data (including but not limited to reproducing, storing, adapting, assembling large collections or extracting substantial portions of data and analysing them). The raw data is research data and may be stored, published and distributed in any medium or form under any licence in order to ensure reproducibility and sustainability, as long as the Licensed Materials cannot be reconstructed in its original, human readable form. The Licensor will cooperate with Licensee, Institutions and Authorised Users as reasonably necessary in making the Licensed Materials available in a manner and form most useful to the Licensee, Institutions and Authorised Users. Attribution must be made to the Licensor in an appropriate manner and form.
3.3 Before the Licensee makes available any of the Licensed Materials to the Authorised Users, the Licensee shall require that all Authorised Users accept end user terms and conditions of use of the Licensed Materials that:
(1) require Authorised Users to comply with all applicable laws in using the Licensed Materials;
(2) state that the Licensed Materials being supplied are only for the Authorised User's personal use;
(3) prohibit reproduction or distribution of Licensed Materials that violates applicable law;
(4) contain a reservation for the Licensor of all Intellectual Property and other rights in the Licensed Materials; and
(5) Set out the limitations on access and use of the Licensed Materials as set forth in this Agreement,
Appears in 2 contracts
Samples: License Agreement, License Agreement
Restrictions on Use of Licensed Materials. 3.1 Save as set out in this Agreement, the Licensee and the Authorized Users shall not:
(1) 3.1.1 permit any third party or individual to use the Licensed Materials and the Licensed Materials shall not be distributed to any unauthorised users, third parties, or used for any purpose which is not permitted pursuant to this Agreement (including without limitation any commercial purpose, sale of the Licensed Materials, bulk reproduction or distribution of the Licensed Materials or commercially sponsored research);
(2) 3.1.2 modify, change or develop the Licensed Materials in any way or create a derivative work of the Licensed Materials;
(3) 3.1.3 remove, obscure or modify any copyright, trade xxxx or other notices included in the Licensed Materials;
(4) 3.1.4 re-publish any items from the Licensed Materials, unless the Licensee has first obtained copyright permission from the appropriate copyright holder or archive. Permission from the original source archive/copyright holder in the case of re-re- publication of figures, tables and brief excerpts from the Licensed Materials in an Authorised User's ’s own scientific, scholarly and educational works is always necessary and the Licensee should also obtain correct wording for all citations and credits from the original source archive/copyholder; or
(5) 3.1.5 remove, bypass, circumvent, neutralise, or modify any of the technological protection measures used for the Licensed Materials.
3.2 Raw data may be extracted from the Licensed Materials. In order to protect the integrity of server performance for the Licensor's customers, Licencee and Licensor intend on finding a consent concerning the best process for the automated extraction of data directly from the Licensed Materials (for example only, by the use of data mining software). Notwithstanding the above, the Licensed Material may be used to set up value-added services, such as text and data mining, to enhance services, to encourage scholarship, teaching and learning and to conduct research by the Licensee and Authorised Users according to the following principles, as long as the purpose is not to create a product for use by third parties that would substitute the Licenses Materials. Text and data mining may be performed on the unchanged Licensed Materials or on extracted data (including but not limited to reproducing, storing, adapting, assembling large collections or extracting substantial portions of data and analysing them). The raw data is research data and may be stored, published and distributed in any medium or form under any licence in order to ensure reproducibility and sustainability, as long as the Licensed Materials cannot be reconstructed in its original, human readable form. The Licensor will cooperate with Licensee, Institutions and Authorised Users as reasonably necessary in making the Licensed Materials available in a manner and form most useful to the Licensee, Institutions and Authorised Users. Attribution must be made to the Licensor in an appropriate manner and form.
3.3 Before the Licensee makes available any of the Licensed Materials to the Authorised Users, the Licensee shall require that all Authorised Users accept end user terms and conditions of use of the Licensed Materials that:
(1) require Authorised Users to comply with all applicable laws in using the Licensed Materials;
(2) state that the Licensed Materials being supplied are only for the Authorised User's personal use;
(3) prohibit reproduction or distribution of Licensed Materials that violates applicable law;
(4) contain a reservation for the Licensor of all Intellectual Property and other rights in the Licensed Materials; and
(5) Set out the limitations on access and use of the Licensed Materials as set forth in this Agreement,, (collectively, the “Terms of Use”). The Licensee shall provide a copy of such Terms of Use to the Licensor should this be requested by the Licensor.
Appears in 2 contracts
Samples: Online User License Agreement, Online User License Agreement
Restrictions on Use of Licensed Materials. 3.1 Save as set out in this Agreement, the Licensee and the Authorized Users shall not:
(1) permit any third party or individual to use the Licensed Materials and the Licensed Materials shall not be distributed to any unauthorised users, third parties, or used for any purpose which is not permitted pursuant to this Agreement (including without limitation any commercial purpose, sale of the Licensed Materials, bulk reproduction or distribution of the Licensed Materials or commercially sponsored research);
(2) modify, change or develop the Licensed Materials in any way or create a derivative work of the Licensed Materials
(3) remove, obscure or modify any copyright, trade xxxx mark or other notices included in the Licensed Materials;
(4) re-publish any items from the Licensed Materials, unless the Licensee has first obtained copyright permission from the appropriate copyright holder or archivearchive or statutory permission upon which it may rely. Permission from the original source archive/copyright archive /copyright holder in the case of re-publication of figures, tables and brief excerpts from the Licensed Materials in an Authorised User's own scientific, scholarly and educational works is always necessary and the Licensee should also obtain correct wording for all citations and credits from the original source archive/copyholdercopyholder to the extent required by applicable law; or
(5) remove, bypass, circumvent, neutralise, or modify any of the technological protection measures used for the Licensed Materials.
3.2 Raw data may be extracted from the Licensed Materials. In order to protect the integrity of server performance for the Licensor's customers, Licencee and Licensor intend on finding a consent concerning the best process for the automated extraction of data directly from the Licensed Materials (for example only, by the use of data mining software)) is only permitted subject to obtaining the Licensor's prior written consent in order to agree the best process for the extraction. Notwithstanding the aboveOnce this process has been agreed, the Licensed Material Materials may be used to set up value-added services, such as text and data mining, to enhance services, to encourage scholarship, teaching and learning and to conduct research by the Licensee and Authorised Users according to the following principles, as long as the purpose is not to create a product for use by third parties that would substitute the Licenses Materials. Text and data mining may be performed on the unchanged Licensed Materials or on extracted data (including but not limited to reproducing, storing, adapting, assembling large collections or extracting substantial portions of data and analysing them). The raw data is research data and may be stored, published and distributed in any medium or form under any licence in order to ensure reproducibility and sustainability, as long as the Licensed Materials cannot be reconstructed in its original, human readable form. The Licensor will cooperate with Licensee, Institutions and Authorised Users as reasonably necessary in making the Licensed Materials available in a manner and form most useful to the Licensee, Institutions and Authorised Users. Attribution must be made to the Licensor in an appropriate manner and form.
3.3 Before the Licensee makes available any of the Licensed Materials to the Authorised Users, the Licensee shall require that all Authorised Users accept end user terms and conditions of use of the Licensed Materials that:
(1) require Authorised Users to comply with all applicable laws in using the Licensed Materials;
(2) state that the Licensed Materials being supplied are only for the Authorised User's personal use;
(3) prohibit reproduction or distribution of Licensed Materials that violates applicable law;
(4) contain a reservation for the Licensor of all Intellectual Property and other rights in the Licensed Materials; and
(5) Set out the limitations on access and use of the Licensed Materials as set forth in this Agreement,, (collectively, the "Terms of Use"). The Licensee shall provide a copy of such Terms of Use to the Licensor should this be requested by the Licensor.
3.4 For the avoidance of doubt, nothing in this Agreement is intended to limit in any way whatsoever the rights of Licensee and Authorised Users under the fair dealing provisions set out in the Copyright Designs and Patents Act 1988 (as may be re-enacted or modified)Â or if such acts take place outside the UK, in accordance with any equivalent legislation applicable in that territory (for example under the US Copyright Act of 1976, 17 U.S.C. § 107), and nothing in this Agreement is intended to limit in any way whatsoever the rights of Licensee and Authorised Users under German copyright law (uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with copyright protection).
Appears in 1 contract
Samples: Digital Usage Terms
Restrictions on Use of Licensed Materials. 3.1 Save as set out in this Agreement, the Licensee and the Authorized Users shall not:
(1) 3.1.1 permit any third party or individual to use the Licensed Materials and the Licensed Materials shall not be distributed to any unauthorised users, third parties, or used for any purpose which is not permitted pursuant to this Agreement (including without limitation any commercial purpose, sale of the Licensed Materials, bulk reproduction or distribution of the Licensed Materials or commercially sponsored research);
(2) 3.1.2 modify, change or develop the Licensed Materials in any way or create a derivative work of the Licensed Materials;
(3) 3.1.3 remove, obscure or modify any copyright, trade xxxx or other notices included in the Licensed Materials;
(4) 3.1.4 re-publish any items from the Licensed Materials, unless the Licensee has first obtained copyright permission from the appropriate copyright holder or archive. Permission from the original source archive/copyright holder in the case of re-re- publication of figures, tables and brief excerpts from the Licensed Materials in an Authorised User's ’s own scientific, scholarly and educational works is always necessary and the Licensee should also obtain correct wording for all citations and credits from the original source archive/copyholder; or
(5) 3.1.5 remove, bypass, circumvent, neutralise, or modify any of the technological protection measures used for the Licensed Materials.
3.2 Raw data may be extracted from the Licensed Materials. In order to protect the integrity of server performance for the Licensor's Licensee’s customers, Licencee and Licensor intend on finding a consent concerning the best process for the automated extraction of data directly from the Licensed Materials (for example only, by the use of data mining software)) is only permitted subject to obtaining the Licensor’s prior written consent and if such automatic extraction of data does not affect the performance of the Licensor’s servers. Notwithstanding In the aboveevent that the Licensor’s servers are negatively impacted, the Licensed Material may be used Licensor reserves the right to set up value-added services, such as text decline and data mining, prevent access to enhance services, to encourage scholarship, teaching and learning and to conduct research by the Licensee and Authorised Users according to the following principles, as long as the purpose is not to create a product for use by third parties that would substitute the Licenses Materials. Text and data mining may be performed on the unchanged Licensed Materials or on extracted data (including but not limited to reproducing, storing, adapting, assembling large collections or extracting substantial portions of data and analysing them). The raw data is research data and may be stored, published and distributed in any medium or form under any licence in order to ensure reproducibility and sustainability, as long as the Licensed Materials cannot be reconstructed in its original, human readable form. The Licensor will cooperate with Licensee, Institutions and Authorised Users as reasonably necessary in making the Licensed Materials available in a manner and form most useful to stop any disruption to the Licensee, Institutions and Authorised Users. Attribution must be made to the Licensor in an appropriate manner and formLicensor’s business.
3.3 Before the Licensee makes available any of the Licensed Materials to the Authorised Users, the Licensee shall require that all Authorised Users accept end user terms and conditions of use of the Licensed Materials that:
(1) require Authorised Users to comply with all applicable laws in using the Licensed Materials;
(2) state that the Licensed Materials being supplied are only for the Authorised User's personal use;
(3) prohibit reproduction or distribution of Licensed Materials that violates applicable law;
(4) contain a reservation for the Licensor of all Intellectual Property and other rights in the Licensed Materials; and
(5) Set out the limitations on access and use of the Licensed Materials as set forth in this Agreement,, (collectively, the “Terms of Use”). The Licensee shall provide a copy of such Terms of Use to the Licensor should this be requested by the Licensor.
Appears in 1 contract
Samples: Licence Agreement
Restrictions on Use of Licensed Materials. 3.1 Save as set out in this Agreement, the Licensee and the Authorized Users shall not:
(1) 3.1.1 permit any third party or individual to use the Licensed Materials and the Licensed Materials shall not be distributed to any unauthorised users, third parties, or used for any purpose which is not permitted pursuant to this Agreement (including without limitation any commercial purpose, sale of the Licensed Materials, bulk reproduction or distribution of the Licensed Materials or commercially sponsored research);
(2) 3.1.2 modify, change or develop the Licensed Materials in any way or create a derivative work of the Licensed Materials;
(3) 3.1.3 remove, obscure or modify any copyright, trade xxxx mark or other notices included in the Licensed Materials;
(4) 3.1.4 re-publish any items from the Licensed Materials, unless the Licensee has first obtained copyright permission from the appropriate copyright holder or archive. Permission from the original source archive/copyright holder in the case of re-publication of figures, tables and brief excerpts from the Licensed Materials in an Authorised User's own scientific, scholarly and educational works is always necessary and the Licensee should also obtain correct wording for all citations and credits from the original source archive/copyholder; or
(5) 3.1.5 remove, bypass, circumvent, neutralise, or modify any of the technological protection measures used for the Licensed Materials.
3.2 Raw data may be extracted from the Licensed Materials. In order to protect the integrity of server performance for the LicensorLicensee's customers, Licencee and Licensor intend on finding a consent concerning the best process for the automated extraction of data directly from the Licensed Materials (for example only, by the use of data mining software)) is only permitted subject to obtaining the Licensor's prior written consent and if such automatic extraction of data does not affect the performance of the Licensor's servers. Notwithstanding In the aboveevent that the Licensor's servers are negatively impacted, the Licensor reserves the right to decline and prevent access to the Licensed Materials to stop any disruption to the Licensor's business. The Licensed Material may be used to set up value-added services, such as for text and data mining, mining to enhance services, to encourage scholarship, teaching and learning and to conduct research by the Licensee and Authorised Users according to the following principles, as long as the purpose is not to create a product for use by third parties that would substitute the Licenses MaterialsLicensed Material: Raw data may be extracted from the Licensed Material. Text and data mining may be performed on the unchanged Licensed Materials Material or on extracted data (including but not limited to reproducing, storing, adapting, assembling large collections or extracting substantial portions of data and analysing them). The raw data is research data and may be stored, published and distributed in any medium or form under any licence in order to ensure reproducibility and sustainability, as long as the Licensed Materials Material cannot be reconstructed in its original, human readable form. The Licensor will cooperate with Licensee, Institutions Licensee and Authorised Users as reasonably necessary in making the Licensed Materials Material available in a manner and form most useful to the Licensee, Institutions Licensee and Authorised Users. Attribution must be made to the Licensor in an appropriate manner and form.
3.3 Before the Licensee makes Institutionmakes available any of the Licensed Materials to the Authorised Users, the Licensee theInsitiution shall require use industry standard practices and systems available to ensure that all Authorised Users accept are aware of end user terms and conditions of use of the Licensed Materials that:
(1) require Authorised Users to comply with all applicable laws in using the Licensed Materials;
(2) state that the Licensed Materials being supplied are only for the Authorised User's personal use;
(3) prohibit reproduction or distribution of Licensed Materials that violates applicable law;
(4) contain a reservation for the Licensor of all Intellectual Property and other rights in the Licensed Materials; and
(5) Set out the limitations on access and use of the Licensed Materials as set forth in this Agreement,, (collectively, the "Terms of Use"). The Licensee shall provide a copy of such Terms of Use to the Licensor should this be requested by the Licensor.
Appears in 1 contract
Samples: License Agreement
Restrictions on Use of Licensed Materials. 3.1 Save as set out in this Agreement, the Licensee and the Authorized Users shall not:
(1) 3.1.1 permit any third party or individual other than the Authorized Users to use the Licensed Materials Materials, and the Licensed Materials shall not be distributed to any unauthorised users, third partiesparties or individuals other than the Authorized Users, or used for any purpose which is not permitted pursuant to this Agreement (including without limitation limitation, any commercial purpose, sale of the Licensed Materials, or bulk reproduction or distribution of the Licensed Materials or commercially sponsored researchMaterials);
(2) 3.1.2 modify, change or develop the Licensed Materials in any way or create a derivative work of the Licensed Materials;
(3) 3.1.3 remove, obscure or modify any copyright, trade xxxx mark or other notices included in the Licensed Materials;
(4) 3.1.4 re-publish any items from the Licensed Materials, unless the Licensee copyright permission has first been obtained copyright permission from the appropriate copyright holder or archive. Permission from the original source archive/copyright holder in the case of re-publication of figures, tables and brief excerpts from the Licensed Materials in an Authorised User's ’s own scientific, scholarly and educational works is always necessary and, as between Licensor and Licensee, the Licensee should also obtain will be responsible for obtaining correct wording for all citations and credits from the original source archive/copyholder; or
(5) 3.1.5 remove, bypass, circumvent, neutralise, or modify any of the technological protection measures used for the Licensed Materials.
3.2 Raw data may be extracted from the Licensed Materials. In order to protect the integrity of server performance for the Licensor's customersLicensee’s Authorised Users, Licencee and Licensor intend on finding a consent concerning the best process for the automated extraction of data directly from the Licensed Materials (for example only, by the use of data mining software)) is only permitted subject to obtaining the Licensor’s prior written consent and if such automatic extraction of data does not affect the performance of the Licensor’s servers. Notwithstanding In the aboveevent that the Licensor’s servers are negatively impacted, the Licensed Material may be used Licensor reserves the right to set up value-added services, such as text decline and data mining, prevent access to enhance services, to encourage scholarship, teaching and learning and to conduct research by the Licensee and Authorised Users according to the following principles, as long as the purpose is not to create a product for use by third parties that would substitute the Licenses Materials. Text and data mining may be performed on the unchanged Licensed Materials or on extracted data (including but not limited to reproducing, storing, adapting, assembling large collections or extracting substantial portions of data and analysing them). The raw data is research data and may be stored, published and distributed in any medium or form under any licence in order to ensure reproducibility and sustainability, as long as the Licensed Materials cannot be reconstructed in its original, human readable form. The Licensor will cooperate with Licensee, Institutions and Authorised Users as reasonably necessary in making the Licensed Materials available in a manner and form most useful to stop any disruption to the Licensee, Institutions and Authorised Users. Attribution must be made to the Licensor in an appropriate manner and formLicensor’s business.
3.3 Before the Licensee makes available any of the Licensed Materials to the Authorised Users, the Licensee shall require that all will use best efforts to instruct its Authorised Users accept end user terms and conditions of use of the Licensed Materials that:
(1) require Authorised Users to should comply with all applicable laws in using the Licensed Materials;
(2) state that the Licensed Materials being supplied are only for the Authorised User's personal use;
(3) prohibit reproduction or distribution of the Licensed Materials that violates may not be reproduced or distributed in violation of applicable law;
(4) contain a reservation for the Licensor of reserves all Intellectual Property and other rights in the Licensed Materials; and
(5) Set out the there are limitations on the access and use of the Licensed Materials as set forth in Sections 2-4 of this Agreement,. (collectively, the “Terms of Use”). The Licensee shall provide a copy of such Terms of Use to the Licensor (e.g. xxxxx://xxxxx-xxxx.xxxx.xxx/PDFs/29.01.03.M0.02.pdf) should this be requested by the Licensor. For the avoidance of doubt, Authorised Users are not a party to this Agreement.
Appears in 1 contract
Samples: Am Explorer Licence Agreement
Restrictions on Use of Licensed Materials. 3.1 Save as set out in this Agreement, the Licensee and the Authorized Users shall not:
(1) 3.1.1 permit any third party or individual to use the Licensed Materials and the Licensed Materials shall not be distributed to any unauthorised users, third parties, or used for any purpose which is not permitted pursuant to this Agreement (including without limitation any commercial purpose, sale of the Licensed Materials, bulk reproduction or distribution of the Licensed Materials or commercially sponsored research);
(2) 3.1.2 modify, change or develop the Licensed Materials in any way or create a derivative work of the Licensed Materials;
(3) 3.1.3 remove, obscure or modify any copyright, trade xxxx mark or other notices included in the Licensed Materials;
(4) 3.1.4 re-publish any items from the Licensed Materials, unless the Licensee has first obtained copyright permission from the appropriate copyright holder or archive. Permission from the original source archive/copyright holder in the case of re-publication of figures, tables and brief excerpts from the Licensed Materials in an Authorised User's own scientific, scholarly and educational works is always necessary and the Licensee should also obtain correct wording for all citations and credits from the original source archive/copyholder; or
(5) 3.1.5 remove, bypass, circumvent, neutralise, or modify any of the technological protection measures used for the Licensed Materials.
3.2 Raw data may be extracted from the Licensed Materials. In order to protect the integrity of server performance for the LicensorLicensee's customers, Licencee and Licensor intend on finding a consent concerning the best process for the automated extraction of data directly from the Licensed Materials (for example only, by the use of data mining software)) is only permitted subject to obtaining the Licensor's prior written consent and if such automatic extraction of data does not affect the performance of the Licensor's servers. Notwithstanding In the aboveevent that the Licensor's servers are negatively impacted, the Licensor reserves the right to decline and prevent access to the Licensed Materials to stop any disruption to the Licensor's business. The Licensed Material may be used to set up value-added services, such as for text and data mining, mining to enhance services, to encourage scholarship, teaching and learning and to conduct research by the Licensee and Authorised Users according to the following principles, as long as the purpose is not to create a product for use by third parties that would substitute the Licenses MaterialsLicensed Material: Raw data may be extracted from the Licensed Material. Text and data mining may be performed on the unchanged Licensed Materials Material or on extracted data (including but not limited to reproducing, storing, adapting, assembling large collections or extracting substantial portions of data and analysing them). The raw data is research data and may be stored, published and distributed in any medium or form under any licence in order to ensure reproducibility and sustainability, as long as the Licensed Materials Material cannot be reconstructed in its original, human readable form. The Licensor will cooperate with Licensee, Institutions Licensee and Authorised Users as reasonably necessary in making the Licensed Materials Material available in a manner and form most useful to the Licensee, Institutions Licensee and Authorised Users. Attribution must be made to the Licensor in an appropriate manner and form.
3.3 Before the Licensee makes available any of the Licensed Materials to the Authorised Users, the Licensee shall require that all Authorised Users accept end user terms and conditions of use of the Licensed Materials that:
(1) require Authorised Users to comply with all applicable laws in using the Licensed Materials;
(2) state that the Licensed Materials being supplied are only for the Authorised User's personal use;
(3) prohibit reproduction or distribution of Licensed Materials that violates applicable law;
(4) contain a reservation for the Licensor of all Intellectual Property and other rights in the Licensed Materials; and
(5) Set out the limitations on access and use of the Licensed Materials as set forth in this Agreement,, (collectively, the "Terms of Use"). The Licensee shall provide a copy of such Terms of Use to the Licensor should this be requested by the Licensor.
Appears in 1 contract
Samples: Licensing Agreement