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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.
COURSE PACKS / ELECTRONIC RESERVE / VIRTUAL LEARNING. Member Institutions and Authorized Users may incorporate 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. If available, Licensor will use commercially reasonable efforts to provide a method for Member Institutions to create persistent links to Licensed Materials to ensure that Authorized Users can discover the Licensed Materials during the Subscription Period and will use commercially reasonable efforts to assist Member Institutions in creating such links effectively, if available.
FAIR DEALING / CREATIVE COMMONS. 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 Canadian copyright laws, including without limitation pursuant to any fair dealing exceptions, or as permitted under Creative Commons licensing.
TEXT AND DATA MINING; FEDERATED SEARCH. Subject to reasonable download limits as controlled and decided by Licensor, Member Institutions and their Authorized Users may conduct research employing Text and Data Mining (“TDM”) of the Licensed Materials Content (as hereinafter defined) contained therein and disseminate results publicly for non-commercial purposes. For purposes of conducting TDM on the Licensed Materials, Member Institutions and their Authorized Users are permitted to load and technically format Content from the Licensed Materials on their servers to enable use of such Content for TDM purposes, provided the results: (1) do not make the full text, or substantial portions, of the underlying Content publicly available; (2) are used solely for the purpose of non-commercial research; (3) are accompanied by sufficient copyright acknowledgment (unless this practically impossible); and (4) are not sold. For purposes hereof, TDM includes (1) mounting, loading and integrating the results on a server used for Member Institution’s or their Authorized User’s website's text-mining system (each a “Site”); and (2) evaluating and interpreting the TDM output for access and use by their users. Member Institutions and their Authorized Users shall ensure any TDM efforts and activities permitted hereunder comply with applicable copyright laws and the Member Institution's obligations in this Agreement, including but not limited to security and technical access requirements that may be applicable to the Sites. In no event shall Member Institutions or Authorized Users:
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.
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; (b.) make full use, with appropriate credit, of Content from 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.
For the avoidance of doubt, reproductions of portions of the Licensed Material for library deposit, such as in institutional repositories, and other non-commercial uses, with appropriate credit, are permitted.
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.
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.
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.
DATA AND TEXT MINING.Subject to compliance with 4.7, Member Institutions and Authorized Users may apply automated tools and processes to the Licensed Materials for the purposes of textual analysis and visual mapping of textual and/or statistical relationships within the context of scholarship, research, and other educational purposes.
Subject to 4.7, Member Institutions and Authorized Users may make the results available for use by others, so long as the purpose is not to create a product for use by third parties that would substitute for the Licensed Materials.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. Except as permitted in 4.7 [Text and Data Mining], 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.
INTELLECTUAL PROPERTY RIGHTS. Licensor does not convey to the Provincial Library or Authorized Users any other intellectual property rights to the Licensed Materials than the subscription and Licenses specifically conveyed in this Agreement and in particular does not transfer or assign any ownership of copyright by this Agreement, which ownership shall remain in the Licensor or the original copyright owner.
TEXT AND DATA MINING. Subject to compliance with 4.7, Member Institutions and Authorized Users may apply automated tools and processes to the Licensed Materials for the purposes of textual analysis and visual mapping of textual and/or statistical relationships within the context of scholarship, research, and other educational purposes.
Subject to 4.7, Member Institutions and Authorized Users may make the results available for use by others, so long as the purpose is not to create a product for use by third parties that would substitute for the Licensed Materials.
Licensor shall conform to the ISO Standard (ISO/IEC 40500:2012) and any subsequent updates based on the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 and comply with applicable Canadian laws relating to accessibility to ensure that the Licensed Materials are accessible to all Authorized Users. if Licensed Materials are not in Accessible Format, 4.2 [Alter or modify] will apply.
It is recognized that the interoperability of the Licensed Materials with new types of format delivery and accessible formats, will enhance the usability and value of the content for all types of users. Licensor will provide the Member Institutions and their Authorized Users with access to content in all available formats, including any newly developed and available delivery format during the term of this Agreement, for no additional fee. The Licensor will make reasonable efforts to ensure the content and metadata provided complies with current recognized international standards. Licensor agrees to make reasonable efforts to comply with the Web Consortium Web Content Guidelines (http://www.w3.org/Consortium). If Licensor develops new delivery or download formats that are accessible by mobile devices during the term of this Agreement, this service shall be made able available to Member Institutions and Authorized Users at no additional charge.
| Accessible Formats |
Content in a format that is perceivable and operable by persons with visual, perceptual, physical, or other print disabilities, and is usable with assistive devices and software. |
| Authorized Users |
Authorized Users include individual members of the public (walk-in users) while they are physically on the premises of a Member Institution. For the avoidance of doubt, walk-in use is intended for individual users, not as a substitution for a License by another institution. The term Authorized Users excludes persons associated with corporate affiliates of the Customer unless those users are expressly identified in this Agreement. Academic Institutions: All full and part time students, faculty and employees (including permanent, temporary, contract, or visiting), and researchers associated with the Member Institutions, regardless of physical location of such persons; retired faculty and staff; alumni; all registered patrons of the Member Institution; and other persons affiliated with the Member Institution or otherwise permitted to use the facilities of the Member Institution and authorized to access the Licensed Materials. Public Libraries and Special Libraries: Employees (whether on a permanent, temporary, contract, or visiting basis), researchers, students, teachers, registered patrons, or other persons affiliated with the consortium’s Member Institutions, regardless of the physical location of such persons K-12 Schools: Faculty, students or staff (whether on a permanent, temporary, contract, or visiting basis) of a Saskatchewan school division, First Nation or Métis school, the Conseil des écoles fransaskoises, registered independent school as defined by The Education Act, 1995 or the Saskatchewan Distance Learning Centre. |
| Bibliographic Reference Management Systems |
Bibliographic Reference Management Systems, also referred to as reference management, citation management, or personal bibliographic management software, are tools used by scholars and authors for storing, organizing, and sharing bibliographic citations or references, and for formatting bibliographies useful for authors’ articles. |
| Commercial Use | Use of the Licensed Materials for the purposes of monetary reward (whether by Member Institutions or Authorized Users) by means of sale, resale, loan, transfer, hire or other form of commerce. For the avoidance of doubt, neither recovery of direct costs exclusive of the Fee by the Member Institution from Authorized Users, nor use of the Licensed Materials by the Member Institution or by an Authorized User in the course of research funded by a commercial organization, nor the payment of a fee by a person to be registered with the Member Institution, is deemed to be Commercial Use. |
| Course Packs | A collection or compilation, in print or electronic form, of scholarly materials (e.g., book chapters, journal articles) assembled by staff of a Member Institution for use by students in a class for the purpose of instruction. |
| Discovery Services | User interface and search systems for discovering and displaying content from local, database, and web-based sources. |
| Electronic Learning Environments | Use of parts of or linking to the Licensed Material in virtual and managed environments (including but not limited to virtual learning environments, managed learning environments, virtual research environments, library environments, and courseware technologies) hosted on a Member Institution’s Secure Network for use by its faculty, students and staff in connection with specific courses of instruction offered by a Member Institution. |
| Electronic Reserve | Electronic copies of Licensed Materials (e.g., book chapters, journal articles, abstracts) made and stored on the Member Institution’s Secure Network for use by Authorized Users in connection with specific courses of instruction offered by Member Institutions to such Authorized Users. |
| Open Access Repository Services | Online services designed to preserve and provide open access to journal article reprints or preprints, audio, video and other media, and/or digital data. Repositories may be maintained by, but not limited to, author’s employing institution, an academic consortium, a discipline- based entity, or a governmental funding agency. |
| Scholarly and Educational Use | Use of the Licensed Materials for the purpose of academic research, scholarship, education, and other related purposes, including extraction and manipulation for the purpose of illustration, explanation, example, comment, criticism, teaching, research, and analysis. |
| Text and Data Mining | A machine process by which information may be derived from the Licensed Materials by identifying patterns and trends within natural language through methods such as text categorization, statistical pattern recognition, concept or sentiment extraction, and the association of natural language with indexing terms. |
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