Rights and Obligations of Licensor. 4.1. Licensor may control access to the Content through Internet Protocol (“IP”) authentication or another identification method reasonably determined by Licensor. 4.2. Licensor reserves the right to monitor, investigate and analyze all available data including logfiles to detect misuse of the Content. 4.3. Where feasible, Licensor shall collect data on usage of the Content and process these according to the COUNTER Code of Practice and according to applicable privacy and data protection laws (the “Usage Data”). The Usage Data will be made available for download by Licensee through a secure website, provided that these statistics are strictly for the Licensee’s own internal use and Licensor shall not be required to disclose any information to the Licensee which it is prohibited from disclosing to the Licensee due to any legal or regulatory constraint imposed upon it, including without limitation any applicable privacy or data protection legislation or regulations or contractual obligations. 4.4. Licensor shall use reasonable efforts to provide online access to the Content through the Platforms, subject to periodic unavailability due to (a) unexpected technical issues outside of Licensor’s control, and (b) server and software maintenance; and to restore access to the Content as promptly as possible in the event of an interruption or suspension of access to the Platforms. In the event that Licensor ceases to provide access to Continuing Access and/or Archive Content as a standard offering through the Platforms, Licensor may provide such Content to Licensee on physical media, or through other means, which may include, without limitation, access through the digital preservation services referred to in Section 4.5 below, to the extent Licensor’s rights to the Content permit. 4.5. Licensor cooperates with a number of digital preservation services (e.g. CLOCKSS, and Portico) for the preservation of certain online products of Licensor. In the case of a triggering event set forth in Licensor’s agreements with the digital preservation services, Licensee may be entitled to access the Content pursuant to such agreements. It is in Licensor’s sole discretion to enter into or to continue such agreements. 4.6. Licensor reserves the right to discontinue publication or distribution of any part of the Content and to withdraw, edit, amend or retract any part of the Content to which it no longer retains the right to publish or which it reasonably believes is incorrect or may give rise to a legal claim. 4.7. Licensor and its suppliers retain all right, title, and interest in and to the Content, except as expressly set forth in this License Agreement. Nothing in this License Agreement shall grant Licensee any trademarks, patent rights, copyrights, and rights to any ideas and designs relating to the Content, the Platforms, and all software used to access the same.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Rights and Obligations of Licensor. 4.1. 4.1 Licensor may control access to the Content through Internet Protocol (“IP”) authentication or another identification method reasonably determined by Licensor.
4.2. 4.2 Licensor reserves the right to monitor, investigate and analyze all available data including logfiles to detect misuse of the Content.
4.3. 4.3 Where feasible, Licensor shall collect data on usage of the Content and process these according to the COUNTER Code of Practice and according to applicable privacy and data protection laws (the “Usage Data”). The Usage Data will be made available for download by Licensee through a secure website, provided that these statistics are strictly for the Licensee’s own internal use and Licensor shall not be required to disclose any information to the Licensee which it is prohibited from disclosing to the Licensee due to any legal or regulatory constraint imposed upon it, including without limitation any applicable privacy or data protection legislation or regulations or contractual obligations.
4.4. 4.4 Licensor shall use reasonable efforts to provide online access to the Content through the Platforms, subject to periodic unavailability due to (a) unexpected technical issues outside of Licensor’s control, and (b) server and software maintenance; and to restore access to the Content as promptly as possible in the event of an interruption or suspension of access to the Platforms. In the event that Licensor ceases to provide access to Continuing Access and/or Archive Content as a standard offering through the Platforms, Licensor may provide such Content to Licensee on physical media, or through other means, which may include, without limitation, access through the digital preservation services referred to in Section 4.5 below, to the extent Licensor’s rights to the Content permit.
4.5. 4.5 Licensor cooperates with a number of digital preservation services (e.g. CLOCKSS, and Portico) for the preservation of certain online products of Licensor. In the case of a triggering event set forth in Licensor’s agreements with the digital preservation services, Licensee may be entitled to access the Content pursuant to such agreements. It is in Licensor’s sole discretion to enter into or to continue such agreements.
4.6. 4.6 Licensor reserves the right to discontinue publication or distribution of any part of the Content and to withdraw, edit, amend or retract any part of the Content to which it no longer retains the right to publish or which it reasonably believes is incorrect or may give rise to a legal claim.
4.7. 4.7 Licensor and its suppliers retain all right, title, and interest in and to the Content, except as expressly set forth in this License Agreement. Nothing in this License Agreement shall grant Licensee any trademarks, patent rights, copyrights, and rights to any ideas and designs relating to the Content, the Platforms, and all software used to access the same.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations of Licensor. 4.1. 4.1 Licensor may control access to the Content through Internet Protocol (“IP”) authentication or another identification method reasonably determined by Licensor.
4.2. 4.2 Licensor reserves the right to monitor, investigate and analyze all available data including logfiles to detect misuse of the Content.
4.3. 4.3 Where feasible, Licensor shall collect data on usage of the Content and process these according to the COUNTER Code of Practice and according to applicable privacy and data protection laws (the “Usage Data”). The Usage Data will be made available for download by Licensee through a secure website, provided that these statistics are strictly for the Licensee’s own internal use and Licensor shall not be required to disclose any information to the Licensee which it is prohibited from disclosing to the Licensee due to any legal or regulatory constraint imposed upon it, including without limitation any applicable privacy or data protection legislation or regulations or contractual obligations.
4.4. 4.4 Licensor shall use reasonable efforts to provide online access to the Content through the Platforms, subject to periodic unavailability due to (a) unexpected technical issues outside of Licensor’s control, and (b) server and software maintenance; and to restore access to the Content as promptly as possible in the event of an interruption or suspension of access to the Platforms. In the event that Licensor ceases to provide access to Continuing Access and/or Archive Content as a standard offering through the Platforms, Licensor may provide such Content to Licensee on physical media, or through other means, which may include, without limitation, access through the digital preservation services referred to in Section 4.5 below, to the extent Licensor’s rights to the Content permit.
4.5. 4.5 Licensor cooperates with a number of digital preservation services (e.g. CLOCKSS, CLOCKSS and Portico) for the preservation of certain online products of Licensor. In the case of a triggering event set forth in Licensor’s agreements with the digital preservation services, Licensee may be entitled to access the Content pursuant to such agreements. It is in Licensor’s sole discretion to enter into or to continue such agreements.
4.6. 4.6 Licensor reserves the right to discontinue publication or distribution of any part of the Content and to withdraw, edit, amend or retract any part of the Content to which it no longer retains the right to publish or which it reasonably believes is incorrect or may give rise to a legal claim.
4.7. 4.7 Licensor and its suppliers retain all right, title, and interest in and to the Content, except as expressly set forth in this License Agreement. Nothing in this License Agreement shall grant Licensee any trademarks, patent rights, copyrights, and rights to any ideas and designs relating to the Content, the Platforms, and all software used to access the same.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations of Licensor. 4.1. Licensor may control access to the Content through Internet Protocol (“IP”) authentication or another identification method reasonably determined by Licensor.
4.2. Licensor reserves the right to monitor, investigate and analyze all available data including logfiles to detect misuse of the Content.
4.3. Where feasible, Licensor shall collect data on usage of the Content and process these according to the COUNTER Code of Practice and according to applicable privacy and data protection laws (the “Usage Data”). The Usage Data will be made available for download by Licensee through a secure website, provided that these statistics are strictly for the Licensee’s own internal use and Licensor shall not be required to disclose any information to the Licensee which it is prohibited from disclosing to the Licensee due to any legal or regulatory constraint imposed upon it, including without limitation any applicable privacy or data protection legislation or regulations or contractual obligations.
4.4. Licensor shall use reasonable efforts to provide online access to the Content through the Platforms, subject to periodic unavailability due to (a) unexpected technical issues outside of Licensor’s control, and (b) server and software maintenance; and to restore access to the Content as promptly as possible in the event of an interruption or suspension of access to the Platforms. In the event that Licensor ceases to provide access to Continuing Access and/or Archive Content as a standard offering through the Platforms, Licensor may provide such Content to Licensee on physical media, or through other means, which may include, without limitation, access through the digital preservation services referred to in Section 4.5 below, to the extent Licensor’s rights to the Content permit.
4.5. Licensor cooperates with a number of digital preservation services (e.g. CLOCKSS, and Portico) for the preservation of certain online products of Licensor. In the case of a triggering event set forth in Licensor’s agreements with the digital preservation services, Licensee may be entitled to access the Content pursuant to such agreements. It is in Licensor’s sole discretion to enter into or to continue such agreements.
4.6. Licensor reserves the right to discontinue publication or distribution of any part of the Content and to withdraw, edit, amend or retract any part of the Content to which it no longer retains the right to publish or which it reasonably believes is incorrect or may give rise to a legal claim.
4.7. Licensor and its suppliers retain all right, title, and interest in and to the Content, except as expressly set forth in this License Agreement. Nothing in this License Agreement shall grant Licensee any trademarks, patent rights, copyrights, and rights to any ideas and designs relating to the Content, the Platforms, and all software used to access the same.
4.8. Licensor works with various third-party scholarly platforms to enhance Authorized Users’ access to certain Content. For authentication and authorization purposes only, Licensor may provide Licensee’s institutional IP range and entitlements to such third party providers. Usage restrictions contained in this License Agreement apply to Authorized Users’ access to and use of the Content regardless of the platform on which the Content is accessed.
Appears in 1 contract
Samples: License Agreement