I. Grant of Licence for Licensed Materials
The materials that are the subject of this Agreement are described as Trade Catalogues and the American Home [electronic information published or otherwise made available by Licensor] (hereinafter referred to as the "Licensed Materials").
The Licensee and its Authorised Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor and/or its suppliers. Neither the Licensee nor its Authorised Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement.
Licensor hereby grants to the Licensee non-exclusive use of the Licensed Materials and the right to provide the Licensed Materials to Authorised Users in accordance with this Agreement.
II. Authorised Use of Licensed Materials
Authorised Users. "Authorised Users" are: Persons Affiliated with the Licensee. Full and part-time students and employees (including faculty, staff, affiliated researchers and independent contractors) of the Licensee. Any off-campus access shall be provided only for individuals authenticated as affiliated with the Licensee as defined herein.
Walk-ins. Patrons not affiliated with the Licensee who are physically present on the Licensee's premises (“walk-ins”).
Authorised Uses. The Licensee and Authorised Users may make all use of the Licensed Materials as is consistent with US Fair Use Provisions or UK or European or other equivalent. In addition, the Licensed Materials may be used for purposes of research, education or other non-commercial use as follows:
Digitally Copy. The Licensee and Authorised Users may download and digitally copy a reasonable portion of the Licensed Materials.
Print Copy. The Licensee and Authorised Users may print a reasonable portion of the Licensed Materials.
Course Packs. Authorised Users who are members of the Licensee’s faculty or staff may download and print out multiple copies of a reasonable portion of the Licensed Materials for the purpose of making a multi-source collection of information for classroom use (coursepack) to be distributed to students at the Licensee’s institution free of charge.
Electronic Reserve. The Licensee and Authorised Users may store in electronic format in secure electronic data files a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction offered by the Licensee and/or its parent institution.
Distance Education. The Licensee may provide access to students enrolled in distance education programs offered or sponsored by the Licensee.
Scholarly Sharing. Authorised Users may transmit to a third-party colleague in hard copy or electronically, minimal, insubstantial amounts (defined as no more than 5% of the total collection) of the Licensed Materials for personal use or scholarly, educational or scientific research or professional use, but in no case for re-sale. In addition, Authorised Users have the right to use, with appropriate credit and copyright permission from the original source archive in the case of re-publication, figures, tables and brief excerpts from the Licensed Materials in the Authorised User’s own scientific, scholarly and educational works.
Nothing in this Agreement is intended to limit in any way whatsoever the Licensee's or any Authorised User's rights under the Fair Use provisions of international law to use the Licensed Materials.
III. Specific Restrictions on Use of Licensed Materials
Unauthorised Use. The Licensee shall not knowingly permit anyone other than Authorised Users to use the Licensed Materials.
Modification of Licensed Materials. The Licensee shall not modify or create a derivative work of the Licensed Materials without the prior written permission of Licensor.
Removal of Copyright Notice. The Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials.
Commercial Purposes. The Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials or bulk reproduction or distribution of the Licensed Materials in any form.