License Terms of Use: ProQuest Terms of Use

ProQuest Databases

This includes:

CBCA Complete	Canadian Major Dailies	Canadian Research Index
eLibrary

 

PERMITTED USES

 

Licensor hereby grants to Provincial Library and Member Institutions the non-exclusive and non-transferable right to permit Authorized Users to access and use the Licensed Materials at the sites of the Provincial Library and Member Institutions or remotely (use of the License Materials by remote access is allowed unless otherwise stated on the Order Form or other documentation), via a Secure Network for the purposes of private study, research, education, distance learning, teaching, administrative use, and other Scholarly and Educational Use consistent with the normal practices and activities of Provincial Library and Member Institutions and consistent with the fair dealing doctrine and exceptions for educational institutions and libraries permitted under the Copyright Act of Canada, subject to the terms and conditions of this Agreement. Nothing in this Agreement shall prevent Authorized Users and Member Institutions from carrying out acts – and the Licensor agrees not to configure the Platform or take any other actions that would have the effect of preventing Authorized Users and Member Institutions from carrying out acts that are permitted under the Copyright Act of Canada.

ACCESS and USE. the Licensed Materials via Secure Networks to search, retrieve, download, display, print, save, and view the Licensed Materials.

ALTER or MODIFY. the Licensed Materials as necessary to provide an equivalent level of access to Authorized Users with disabilities if the Licensed Materials are not already provided in Accessible Formats.

CLASSROOM HANDOUTS. as single copies of individual items of the Licensed Materials, in print or electronic form, may be distributed to Authorized Users. For the avoidance of doubt, classroom handouts shall include the distribution of a copy for teaching purposes to all individual student Authorized Users in a class at a Member Institution. All downloading, printing and/or electronic storage of materials retrieved through the Licensed Materials must be retrieved directly from the on-line system for each and every print or digital copy.

COURSE PACKS/ELECTRONIC RESERVE / VIRTUAL LEARNING. Member Institutions and Authorized Users may incorporate direct article links to parts of the Licensed Material in Course Packs, Electronic Reserves, study packs, resource lists and in any other material (including but not limited to multi-media works) to be used in the course of instruction and/or in Electronic Learning Environments hosted on a Secure Network, but not for Commercial Use. Each item shall carry appropriate acknowledgement of the source, listing title and copyright owner. Course Packs in alternate formats may also be offered to Authorized Users that require Accessible Formats. If the Licensor does not have the right to grant all rights under 4.4 for all Licensed Materials, these rights will apply exclusively to the content for which the Licensor does have such rights, as specified in the attached Schedule(s).

CREATE PERSISTENT LINKS. Licensor will provide a method for Member Institutions to create persistent links to Licensed Materials to ensure that Authorized Users can discover the Licensed Materials and will assist Member Institutions in creating such links effectively.

FAIR DEALING. Notwithstanding any other provisions of this Agreement, nothing shall in any way restrict or limit the ability of Member Institutions, Authorized Users or Walk-in Users to engage in or conduct any activity that is otherwise permitted under applicable copyright laws, including without limitation pursuant to any fair dealing exceptions.

INTERLIBRARY LOAN. Licensor allows Member Institutions to provide to another institution by paper or electronic means, a single copy of an individual document being part of the Licensed Materials, within the guidelines of traditional interlibrary loan practices and applicable copyright laws, provided that (i) loans are not done in a manner or magnitude that would replace the receiving library’s own subscription to the Licensed Materials or purchase of the underlying work (e.g., newspaper, magazine, book), (ii) the Member Institution and its Authorized Users comply with any special terms governing specific content or licensors as described in this Agreement, (iii) with respect to eBooks, copying is limited to small portions of a book, and (iv) the Member Institution and its Authorized Users comply with all laws and regulations regarding ILL.

PUBLIC PERFORMANCE RIGHTS. Subscription to Licensed Materials includes Public Performance Rights for private, educational and research purposes but not for Commercial Use.

SCHOLARLY SHARING. Member Institutions and Authorized Users may transmit to a colleague, in hard copy or electronically, reasonable amounts of the Licensed Materials for Scholarly and Educational Use but in no case for Commercial Use.

TEACHING AND RESEARCH USE. Member Institutions and Authorized Users may (a.) incorporate parts of the Licensed Materials in printed or electronic form in assignments, portfolios, theses, dissertations, teaching, conference presentations, and lectures, with appropriate credit and (b.) make full use, with appropriate credit, of the Licensed Materials in research and publications for personal, scholarly, educational, or professional use  (c.) store a single copy of an individual document being part of the Licensed Materials, including within secure personal Bibliographic Reference Management Systems.

TRAINING AND MARKETING MATERIALS. Member Institutions and Authorized Users may display, download or print the Licensed Materials for the purpose of internal marketing or testing or for training Authorized Users.  For the avoidance of doubt, none of these activities may be undertaken for Commercial Use.

USAGE DATA SHARING. Provincial Library and Member Institutions are permitted to share Usage Data, provided that the disclosure of such data fully protects the anonymity of individual users and the confidentiality of their searches and is not contrary to applicable privacy laws.

The Provincial Library will share any and all financial and usage data from the Licensor with Member Institutions and any other information deemed necessary to ensure the effective administration of the Saskatchewan Electronic Resources Partnership program.

ALL STREAMING VIDEO AND AUDIO PRODUCTS.  Audio and Video files are delivered to the Provincial Library, Member Institution and its Authorized Users via streaming service over the Internet.  The Provincial Library, Member Institution and its Authorized Users shall not download or otherwise copy the streaming videos or audio contained in the Licensed Materials.  In the case of content that can potentially be publicly performed, the Member Institutions and its Authorized Users must secure permission from Licensor’s Licensor and/or the copyright holder for any public performance other than reasonable classroom and educational uses.

 

PROHIBITED USES

COMMERCIAL USE. Provincial Library, Member Institutions, and Authorized Users may not use all or any part of the Licensed Materials for any Commercial Use without the Licensor’s explicit permission. For the avoidance of doubt, recovery of direct costs incurred by the Member Institution in the course of providing access to Authorized Users or Walk-in Users (e.g., printing, photocopying, or administration fee) including interlibrary loan, is not deemed to be Commercial Use.

MODIFYING WORKS. Provincial Library, Member Institutions, and Authorized Users may not abridge, modify, translate, or adapt works in order to publish, distribute or make available the Licensed Materials, other than as permitted in this Agreement.

PUBLIC REDISTRIBUTION. Except as permitted in 4 [Permitted Uses], Provincial Library, Member Institutions, and Authorized Users may not re-distribute, reproduce or transmit to anyone other than Authorized Users the whole or any part of the Licensed Materials by any means including electronic (e.g., via email), nor post it on publicly accessible web sites or networks.

REMOVAL OF COPYRIGHT NOTICE. Provincial Library, Member Institutions, and Authorized Users shall not remove, obscure or alter in any way the authors’ names or the Licensor’s copyright notices, trademark notices, other notices, logos or other means of identification or disclaimers as they appear in the Licensed Materials.

SYSTEMATIC DOWNLOADING. Provincial Library, Member Institutions, and Authorized Users shall not systematically make print or electronic copies of multiple extracts of the Licensed Materials, or use robots, spiders, crawlers or other automated downloading programs, algorithms or devices to search continuously and automatically, scrape, extract, deep-link, index, or disrupt the use of the Licensed Materials for any purpose.

SUBSTITUTION FOR LICENSE. No provision of this Agreement is intended to provide such substantial use as to constitute a substitution for an institutional license by a third-party institution. For example, Walk-In User rights for designed for the provision of services to individuals not blanket rights for all of the users of another institution or organization.

Accessible Formats

Licensor will provide commercially recognized authentication methods for access to Licensed Materials.  Licensor will make every effort to ensure the platforms are accessible and useable for all Authorized Users. The Licensor will provide Accessibility Conformance Reports (https://support.proquest.com/s/article/Accessibility-Directory?language=en_US)  for Licensed Materials. If Licensed Materials are not in Accessible Format, 4.2 [Alter or modify] will apply.