Licence Agreement

Licence Agreement between Maney Publishing and users of the electronic versions of its online journals

This Licence Agreement (Licence) is made with W.S. Maney & Son Ltd of Hudson Road, Leeds, LS9 7DL, UK (the Publisher)

The Publisher will licence the electronic access to its online journals ('Licensed Content'), on the terms and conditions set out in this Licence subject to payment of the Fee. The rights granted under this Licence apply only to the Licensed Content for which the Licensee has a current paid subscription (the Fee), or to those parts of the Licensed Content that the Licensee has paid for by credit card (the Fee). 

In this licence, the following terms shall have the following meanings:

Agent:  A third party appointed by the Licensee to act on its behalf and undertake any or all of the Licensee's obligations hereunder (if applicable)

Authorised Users:  current members of the staff of the Licensee (whether on a permanent or temporary, contract or visiting basis) and individuals who are currently studying at the Licensee's institution, who are permitted to access the institution's Secure Network from within the Library Premises or from such other places where Authorized Users work or study (including but not limited to Authorized Users' offices and homes, halls of residence and student dormitories) and who have been issued by the Licensee with password together with guest users who are permitted to use the Licensee's library or information service and access the Secure Network but only from computer terminals within the Library Premises.

Commercial Use:  Use by or for the Licensee or an Authorised User for the purpose of monetary reward other than the recovery of direct costs incurred by the Licensee by means of sale, resale, loan, transfer, hire or other form of exploitation of the Licensed Materials.

Course Packs:  A collection or compilation of materials assembled by Authorised Users for use by students in a class for the purpose of instruction

Electronic Reserve:  Electronic copies of materials made and stored on the Secure Network by the Licensee for use by registered students of the Licensee in connection with specific courses of instruction offered to its students.

Fee:  The Fee set out in this Licence.

Library Premises:  The physical premises of the library or libraries operated by the Licensee as specified in this Licence.

Licensed Content:  The electronic material as set out in this Licence, or for which the Licensee has a current paid subscription (the Fee), or in any duly agreed variation thereof.

Licensee:  The party contracting with the Publisher, being a university, other educational institution or research organization.

Single Institution:  An institution located within one metropolitan boundary with a single billing address for all subscription purchases.

Secure Network:  A network that is only accessible to Authorised Users whose identity is authenticated at the time of log-in and whose conduct is subject to regulation by the Licensee.

Server:  The server, either the Publisher's server or a third party server designated by the Publisher, on which the Licensed Materials are mounted and may be accessed.

1.        Copyright 

1.1         All copyright in the Licensed Content and the documents contained in the Licensed Content is owned by the Publisher and/or its respective licensors. All rights not expressly granted in this Licence are reserved to the copyright owners.

1.2        Subject to the Copyright, Designs and Patents Act 1988, the use of Licensed Content supplied by the Publisher is limited to viewing, downloading, temporary storage and printing a single copy of the Licensed Content by Authorized Users for personal use only, as detailed in the terms set out below. 

2.        Access 

2.1        Online access is currently available to:

2.1.1        subscribers as an adjunct to the print subscription to the same title, where such titles exist in both print and electronic media;

2.1.2        subscribers of those titles that exist in electronic media only;

2.1.3        non-subscribers on payment of a fee to the Publisher through Ingenta's "Pay-per-View" and HighWire Press' “Pay-per-Article” services.        

2.2        Rights granted under this Licence cannot be transferred, sold or rented to another party. 

2.3        Where the Licensee is a non-subscriber accessing documents through Ingenta's "Pay-per-View" or HighWire Press' “Pay-per-Article” services, that individual is an Authorized User once credit card payment has been accepted.

2.4        Access is granted to individuals and to single institutions only, as defined. Consortia licensing would require a separate agreement. 

2.5        All Authorised Users may browse tables of contents and abstracts regardless of which journal(s) their institution subscribes to. 

2.6        All Authorised Users may register to receive new issue alerts for selected online journals. To do this, Authorised Users must register by selecting a username and password which must be kept confidential and not disclosed or shared with anyone else.

2.7        On termination of this Licence, the Publisher shall provide continuing access to the Licensee to that part of the Licensed Content which was published and paid for within the subscription period except where such termination is due to breach of the Licence.

3.        Licensee's responsibilities

3.1        The Licensee may

3.1.1    Make single copies of the Licensed Content for use in temporary Electronic Reserves.

3.1.2     Make such temporary local electronic copies by means of caching or mirrored storage of the Licensed Content as are solely necessary to ensure efficient use by Authorized Users and not to make available to Authorized Users duplicate copies of the Licensed Content.

3.1.3    Provide single printed or electronic copies of single articles at the request of individual Authorized Users.

3.1.4    Display, download or print the Licensed Content for the purpose of internal marketing, or testing, or for teaching Authorized Users.

3.2        The Licensee is responsible for all charges associated with accessing the Licensed Content 

such as computer equipment and internet access.

3.3        The Licensee or the Licensee's Agent shall, in consideration for the rights granted under this Licence, pay the Fee within 30 days of signature, and if applicable, within 30 days of receipt of invoices relating to each subsequent subscription period.  The Fee shall be exclusive of any sales, use, value-added or similar taxes, for which the Licensee shall be solely responsible.

3.4        Subject to applicable law, the Licensee agrees to indemnify, defend and hold the Publisher harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against the Publisher related to any use of the Licensed Content by the Licensee or Authorised Users or any failure by the Licensee to perform its obligations hereunder.  Nothing in this Licence shall make the Licensee liable for breach of the terms of the Licence by any Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred.

3.5        The Licensee agrees not to disclose the details of the content of this Licence to anyone 

            other than Authorized Users.

3.6        Authorized Users may:

3.6.1     Search, view, retrieve and display the Licensed Content.

3.6.2     Save individual articles or items of content electronically on the Licensee's secure network for personal use or scholarly, educational or scientific research but not for Commercial Use. 

3.6.3     Print off a single copy of individual articles or items from the Licensed Content for personal use or scholarly, educational or scientific research but not for Commercial Use.

4.        Supply of copies to other institutions

4.1        The Licensee may supply a single printed copy of an electronic original of an individual 

document from the Licensed Content to an Authorized User of another library within the same Country by post or fax, for personal use or scholarly, educational or scientific research but not for Commercial Use.

4.2        Neither the Licensee nor Authorized Users may provide, by electronic means, to any user at another institution a copy or any part of the Licensed Content for research or otherwise.

5.        Course packs and electronic collections

5.1        The Licensee may not incorporate any part of the Licensed Content in Course Packs or electronic collections without the prior written permission of the Publisher, who may set out further terms and conditions for such usage.

5.2        This Licence does not cover use of the Licensed Content for use in distance learning packages.  Such uses will require a separate agreement with the Publisher.

6.        Prohibited uses

6.1        Neither the Licensee nor Authorized Users may:

6.1.1     Remove or alter the authors' or Publishers' names or the Publishers licensors' copyright notices or other means of identification or disclaimers as they appear in the Licensed Content.

6.1.2     Systematically make print or electronic copies of multiple extracts of the Licensed Content for any purpose.

6.1.3    Mount or distribute any part of the Licensed Content on any electronic network other than the secure network.

6.2        Explicit written permission must be obtained from the Publisher in order to:

6.2.1        Use all or any part of the Licensed Content for resale or any Commercial Use.

6.2.2        Distribute systematically the whole or any part of the Licensed Content to anyone other than Authorized Users.

6.2.3     Publish, distribute, or make available the Licensed Content, works based on the Licensed Content, or works which combine them with any other material, other than as permitted in this Licence.

6.2.4     Alter, abridge, adapt, or modify the Licensed Content, except to the extent necessary to make them perceptible on a computer screen to Authorized Users. For the avoidance of doubt, no alteration of the words or their order is permitted.

7.        Licensee's undertakings

7.1        The Licensee shall:

7.1.1        Use all reasonable endeavours to ensure that all Authorized Users are appropriately notified of the importance of respecting the intellectual property rights in the Licensed Content and of the sanctions which the Licensee imposes for failing to do so.

7.1.2     Use all reasonable endeavours to notify Authorized Users of the terms and conditions of this Licence and take steps to protect the Licensed Content from unauthorized use or other breach of this Licence.

7.1.3    Use all reasonable endeavours to notify Authorized Users not to disclose the details of the content of this Licence to anyone other than other Authorized Users.

7.1.4     Use all reasonable endeavours to monitor compliance and immediately on becoming aware of any unauthorized use or other breach, inform the Publisher and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence.

7.1.5     Issue passwords or other access information only to Authorized Users and use all reasonable endeavours to ensure that Authorized Users do not divulge their passwords or other access information to any third party.

7.1.6     Provide the Publisher with information sufficient to enable the Publisher to provide access to the Licensed Content. Should the Licensee make any significant change to such information, it will notify the Publisher not less than ten (10) days before such changes take effect.

7.1.7     Keep full and up-to-date records of all Authorized Users and their access details and provide the Publisher, upon request, with details of such additions, deletions or other alterations to such records as are necessary to provide Authorized Users with access to Licensed Content as contemplated by this Licence.

7.1.8     Use all reasonable endeavours to ensure that only Authorized Users are permitted access to the Licensed Content.

7.2        Nothing in this Licence shall make the Licensee liable for breach of the terms of the Licence by any Authorized User provided that the Licensee did not cause, knowingly assist, or condone the continuation of such breach to continue after becoming aware of an actual breach having occurred.

8.        Liability

8.1        The Publisher has taken reasonable care to ensure that data in the Licensed Content available through this service is error-free and up to date. However, the Publisher accepts no responsibility for corruption to the data including, but not limited to, any defects caused by the transmission of the data.

8.2        The Publisher is currently using a third-party service to provide electronic access to its Licensed Content. The Publisher accepts no responsibility for any defect, failure in or non-availability of the service.

8.3        The Publisher reserves the right to withdraw from the Licensed Content any item or part of an item for which it no longer retains the right to publish, or which on reasonable grounds it believes infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable, and shall give written notice to the Licensee of such withdrawl.

8.4        The Publisher shall facilitate the collection and provision to the Licensee of usage data for private internal use only, in a manner consistent with applicable privacy and data protection laws and as may be agreed between the parties from time to time.

8.5        The Publisher will not be liable to the Licensee or any Authorized User or any other person, for any special, exemplary, incidental or consequential damages arising out of the inability to use, or the use of the Licensed Content.

9.        Termination 

9.1        In addition to automatic termination upon the expiry of the subscription period (unless renewed), this Licence shall be terminated:

9.1.1        for breach of this Licence by the Licensee or any Authorized User. 

9.1.2        If the Publisher's agreement with the third-party service terminates for any reason. However, the Publisher will use reasonable endeavours to find an alternative third-party service. 

9.1.3        If the Licensee defaults in making payment of the Fee and fails to remedy such default within 30 days of notification in writing by the Publisher.

9.1.4     If either party commits a material or persistent breach of any term of this Licence and fails to remedy the breach (if capable of remedy) within 30 days of notification in writing by the other party.

9.1.5     If either party becomes insolvent or becomes subject to receivership, liquidation or similar external administration.

9.2        On termination all rights and obligations of the parties automatically terminate except for obligations in respect of Licensed Content to which access continues to be permitted.  On termination by the Publisher for the Licensee's breach or default as specified in this clause, the Licensee shall immediately cease to distribute or make available the Licensed Content to Authorised Users and shall return to the Publisher or destroy all Licensed Content locally mounted.  

9.3        This Licence constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter of this Licence, whether oral or written.  Alternations to this Licence are only valid if they are recording in writing and signed by both parties.

10.        General

10.1        This Licence shall be governed by and construed in accordance with the laws of the United Kingdom. Both parties agree to submit to the non-exclusive jurisdiction of the United Kingdom Courts.

10.2        Neither party's delay nor failure to perform any provision of this Licence, as a result of circumstances beyond its control (including, without limitation, war, strikes, floods, governmental restrictions, power, telecommunications or Internet failures, or damage or destruction of any network facilities) shall be deemed to be, or give rise to, a breach of this Licence.

10.3        The invalidity or un-enforceability of any provision of this Licence shall not affect the continuation or enforceability of the remainder of this Licence.

11.        Acceptance 

11.1     In downloading a document, the Licensee agrees to abide by the terms of this licence. The Publisher reserves the right to vary this Licence from time to time. Such changes shall be posted on the relevant Publisher's web page. Changes made in this manner shall be deemed to have been accepted by users who download, store or print any document after a period of 14 days following the day the changes have been posted on the Publisher's web page.