tion Period] [results in the Licensed Materials being no longer useful to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under clause 10.1.2 and 10.4].
| Comment: Vendors often do not own the content, but rather license it from other authors or publishers. A vendor may lose permission to publish or distribute the works, and thus must remove the content from the database. This helpful clause provides for refunds to the library for withdrawn materials. The bracketed text, which we like, permits the library to treat withdrawals as a breach if the remainder is “no longer useful.” |
[The Publisher undertakes to [use reasonable endeavours to] provide or to make arrangements for a third party to provide an archive of the Licensed Materials for the purposes of long term preservation of the Licensed Materials, and to permit Authorized Users to access such archive after termination of this License.]
| Comment: This is a helpful clause, but language like “undertakes to provide” or “undertakes to use reasonable endeavours to provide” is not the same as saying “the publisher shall provide.” |
Collection and analysis of data on the usage of the Licensed Materials will assist both the Publisher and the Licensee to understand the impact of this License. The Publisher shall provide to the Licensee or facilitate the collection and provision to the Licensee and the Publisher by the Licensee of such usage data on the number [of titles] [of abstracts and] of articles downloaded, by journal title, on [a monthly] [a quarterly] [an annual] basis for the Publisher’s and the Licensee’s private internal use only. Such usage data shall be compiled in a manner consistent with applicable privacy [and data protection] laws [and as may be agreed between the parties from time to time], and the anonymity of individual users and the confidentiality of their searches shall be fully protected. In the case that the Publisher assigns its rights to another party under clause 11.3, the Licensee may at its discretion require the assignee either to keep such usage information confidential or to destroy it.
| Comment: Collecting data helps you know how much the database is being used, which will help you determine whether to renew the contract. You may want monthly reports, but quarterly ones should suffice. The license must preserve the privacy of users and comply with applicable laws. |
