TEACHERS COLLEGE RECORD INSTITUTIONAL SITE LICENSE AGREEMENT
WHEREAS Teachers College Record holds the rights granted under this License
AND WHEREAS the Licensee desires to use the rights and Teachers College Record desires to grant to the Licensee the license to use the rights for the Fee
IT IS AGREED AS FOLLOWS
1. Key definitions
In the License, the following terms shall have the following meanings:
1.1 Authorized users
Current members of the staff of the Licensee (whether on a permanent, temporary, contract or visiting basis) and individuals who are currently studying at the Licensee’s institution, who are permitted to access the Secure Network from within the premises of the Licensee and from such other places where Authorized Users work or study, including without limitation halls of residence and lodgings and homes of Authorized Users, and who have been issued by the Licensee with a password or other authentication.
1.2 Commercial Use
Use for the purposes of monetary reward (whether by or for the Licensee or an Authorized User) by means of the sale, resale, loan, transfer, hire or other form of exploitation of the Licensed Materials. For the avoidance of doubt, neither recovery of direct costs by the Licensee from Authorized Users, nor use by the Licensee or by an Authorized User of the Licensed Material in the course of research funded by a commercial organization, is deemed to constitute Commercial Use.
The fee agreed by the Licensee and the Publisher for access to the Licensed Material.
1.4 Library Premises
The physical premises of the Library or Libraries operated by the Licensee.
1.5 Licensed Material
The online journal of the Publisher to which the Licensee has a fully paid current subscription provided that material ceases to be Licensed Material once the Licensee ceases to pay the Fee in respect of the said journals.
1.6 Secure Network
A network (whether a standalone network or a virtual network within the Internet) which is only accessible to Authorized Users and Walk-in Users approved by the Licensee whose identity is authenticated at the time of login and periodically thereafter consistent with current best practice, and whose conduct is subject to regulation by the Licensee.
1.7 Subscription Period
That period nominally covered by the volumes and issues of the
Licensed Material, regardless of the actual date of publication.
1.8 Walk-in Users
Persons who are not Authorized Users but who are registered as permitted users of the Licensee’s library or information service and who are permitted to access the Secure Network from computer terminals within the Library Premises. For the avoidance of doubt, the payment of a fee in order to be registered as a Walk-in User is deemed not to constitute Commercial Use under Clause 1.2 above.
2.1 Teachers College Record agrees to grant the Licensee the non-exclusive and non-transferable right to give Authorized Users access to the Licensed Material on the Licensee’s Premises for the purposes of research, teaching and private study, subject to the terms and conditions of this License.
2.2 This License shall commence at the beginning of the Subscription Period, and remain in effect until the end of the Subscription Period, when the License shall automatically terminate unless the parties have previously agreed to renew it
3. Permitted uses
3.1 The Licensee may, subject to Clause 4 below:
3.1.1 Allow Authorized Users to have access to the Licensed Material, from the Publisher’s server or from another server designated by the Publisher via the Secure Network
3.1.2 Allow Walk-in Users to have access to the Licensed Material, from computer terminals within the Library Premises from the Publisher’s server or from another server designated by the Publisher
3.1.5 Provide single printed or electronic copies of single articles at the request of individual Authorized Users
3.1.7 Display, download or print the Licensed Material for the purpose of internal marketing or testing, or for training Authorized Users.
3.2 Authorized Users and Walk-in Users may, subject to Clause 4 below:
3.2.1 Search, view, retrieve and display the Licensed Material
3.2.2 Electronically save parts of the Licensed Material for personal use
3.2.3 Print off single copies of parts of the Licensed Material
3.2.4 Distribute single copies of parts of the Licensed Material in print or electronic form to other Authorized Users
4. Prohibited uses
4.1 Neither the Licensee nor Authorized or Walk-in Users may remove or alter the authors’ names or Teachers College Record’s copyright notices or other means of identification or disclaimers as they appear in the Licensed Material.
4.2 Neither the Licensee nor Authorized or Walk-in Users may systematically make print or electronic copies of multiple extracts of the Licensed Material for any purpose.
4.3 Neither the Licensee nor Authorized or Walk-in Users may provide, by electronic means, to a user at another library or elsewhere, a retained electronic copy of any part of the Licensed Material.
4.4 Neither the Licensee nor Authorized or Walk-in Users may mount or distribute any part of the Licensed Material on any electronic network, including without limitation the Internet and the World Wide Web, without Teachers College Record's explicit written permission.
4.5 Teachers College Record’s explicit written permission must be obtained in order to:
4.5.1 Use the whole or any part of the Licensed Material for any Commercial Use
4.5.2 Systematically distribute the whole or part of the Licensed Material to anyone other than Authorized Users
4.5.3 Publish, distribute or make available the Licensed Material, works based on the Licensed Material or works which combine it with any other material, other than as permitted in this License
4.5.4 Alter, abridge, adapt or modify the Licensed Material, except to the extent necessary to make it perceptible on a computer screen, or as otherwise permitted in this License, to Authorized and Walk-in Users. For the avoidance of doubt, no alteration of the words or their order is permitted
4.6 This agreement does NOT permit use of the Licensed Material on more than one campus or sharing of this resource among a regional consortium. If the Teachers College Record at any time determines in its sole discretion that the range of IP addresses claimed by the Institution represents more than one campus, it may terminate this Agreement forthwith pursuant to Paragraph 6 below.
5.1 Teachers College Record reserves the right at any time to withdraw from the Licensed Material any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
5.2 The Licensee shall:
5.2.1 Use all reasonable endeavors to ensure that all Authorized Users are appropriately notified of the importance of respecting the intellectual property rights in the Licensed Material and of the sanctions which the Licensee imposes for failing to do so
5.2.2 Use all reasonable endeavors to ensure that Authorized Users are made aware of and undertake to abide by the terms and conditions of this License; use all reasonable endeavors to monitor compliance and immediately on becoming aware of any unauthorized use or other breach, inform Teachers College Record and take all reasonable steps, including appropriate disciplinary action, both to ensure that such activity ceases and to prevent any recurrence
5.2.3 Keep full and up-to-date records of all Authorized Users and their access details, and if appropriate provide the Teachers College Record with periodic lists of additions, deletions or other alterations to such records as agreed between the parties from time to time
5.2.3 Use all reasonable endeavors to ensure that only Authorized Users are permitted access to the Licensed Material
5.3 Each party shall use its best endeavors to safeguard the intellectual property, confidential information and proprietary rights of the other party.
6.1 In addition to the automatic termination (unless renewed) under Clause 2, this License is terminated if either party gives written notice to the other in the following circumstances:
6.1.1 Either party commits a material or persistent breach of any term of this License and fails to remedy the breach (if capable of remedy) within thirty days of notification in writing by the other party
6.1.2 Either party becomes insolvent or becomes subject to receivership, liquidation or similar external administration
6.2 On termination all rights and obligations of the parties automatically terminate except for those specified in 5.3 above
6.3 On termination of this License for cause, the Licensee shall immediately cease to distribute or make available the Licensed Material to Authorized Users.
7.1 Any notices to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post to the address of the addressee as recorded by the subscription management office of the Teachers College Record or to such other address as notified by either party to the other as its address for the service of notices and all such notices shall be deemed to have been received within 14 days of posting.
7.2 This agreement shall be governed by and construed in accordance with United States Law and shall be subject to the non-exclusive jurisdiction of the United States courts, but Teachers College Record may bring any action against the Licensee in the courts of the Licensee's state.