Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/153

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Chapter Seven. Licensing
137
download such large numbers of documents can overload vendors’ servers if they are not given advance warning.

AGREEMENT

The Publisher agrees to grant to the Licensee the non-exclusive and non-transferable right, throughout the world, to give Authorized Users access to the Licensed Materials via a Secure Network [for the purposes of research, teaching and private study], subject to the terms and conditions of this License, and the Licensee agrees to pay the Fée;

Comment: If you can delete the language limiting use to research, teaching and private study, that’s great. But including them is not a deal-breaker.

[This License shall commence at the beginning of the Subscription Period, for each of the Licensed Materials as set out in Schedule 1 or in new Schedules to this License that may be added subsequently; and shall automatically terminate at the end of the Subscription Period, unless the parties have previously agreed to renew it.]

Comment: You have some choices: If you want the license to terminate automatically at the end of the term, use this language. If you don’t, see below.

or

[This License shall commence on [date] and shall remain in effect [until {date}] [for {three} years from that date, and shall continue thereafter to be in effect unless terminated by either party by six months written notice to the other.]

Comment: With this language, the contract renews automatically unless a party gives six months notice in writing. Six months seems a bit long, two or three months is better. You always want notice in writing. Best option is a print letter and e-mail notice.

USAGE RIGHTS

The Licensee, subject to clause 6 below, may:

[Load the Licensed Materials on the Licensee’s server on the Secure Network.]

[Make such back-up copies of the Licensed Materials as are reasonably necessary.]