PEP will sign a license agreement with those universities participating. Its terms are as follows:
This license agreement is made effective as of (“Effective date”) between Psychoanalytic Electronic Publishing, publisher of the PEP-Web Archive, located at PO Box 6358, Laguna Niguel, CA 92607, United States (“Licensor”) and XYZ University Libraries, (“The Licensee”).
Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and the right to provide the Licensed Materials to Authorized Users in accordance with this agreement.
The materials that are the subject of this agreement shall consist of the PEP-Web Archive in its most up-to-date Archive version (hereinafter referred to as the “Licensed Materials”).
“Authorized Users” are full and part time students and employees, including faculty, staff, affiliated researchers, and independent contractors of the institution, and patrons not affiliated with institution who are physically present at institution’s sites (“walk-ins”). Alumni are not considered Authorized Users.
Access is subject to the conditions set out below:
- PEP-Web is only available on a site license basis by IP range and, where agreed, via a secure proxy server – so that any authorized user may access it at any time without limitation. It is the duty of the institution to ensure that only authorized users have access.
- The cost of the site license is based on the total of faculty and registered students (FTE) at the Institution (using standard methods of compiling full time equivalents of faculty and students combined). All distance learning programs, the participating faculty, and students must be included in the FTE count.
- An agreed initial purchase fee is paid for the first year’s access.
- To renew the subscription, an annual recurrent access fee is due every year on the anniversary of the first payment and every year thereafter so long as access is required. In the event the recurrent access fee is not paid access to PEP-Web will cease immediately.
- In subsequent years, PEP aims to keep the annual increase to the recurrent fee at 2%, inflation expected. It automatically includes access to the most recent Archive version — i.e. to all updates as they become available.
- The fees are designed to give access without limitation to all those with IP ranges on a campus. The pricing is based on the complete FTE profile because this is convenient administratively and means a library administrator is free of additional organization. PEP is well aware that the proportion of individuals using this resource on a multi-faculty campus will be low.
- Those institutions with a well-developed and secure system to allow off campus use to electronic resources (e.g. for distance learning programs or to allow faculty and students to log on from an off campus address) can be accommodated provided they undertake to ensure the restriction of access to current faculty teaching at the university and registered students contained within the FTE counts.
- PEP has contracted with its suppliers for PEP-Web to be available from a link 24 hours a day 7 days a week in all reasonable circumstances and has taken steps to ensure full backup of its database in perpetuity. In that form it could be mounted almost anywhere.
- COPYRIGHT. The PEP-Web Archive is owned by PEP or its suppliers and is protected by United States copyright laws and international treaty provisions.
- All copyright (electronic and other) of the text, images, photographs, and videos of the publications appearing on the ARCHIVE is retained by the original publishers of the Journals, Books, or Videos. Saving the exceptions noted below, no portion of any of the text, images, photographs, or videos may be reproduced or stored in any form without prior permission of the Copyright owners.
- Authorized Uses. Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with the Fair Use Provisions of United States and international law. Nothing in this Agreement is intended to limit in any way whatsoever Licensee’s or any Authorized User’s rights under the Fair Use provisions of United States or international law to use the Licensed Materials.
- The Licensed Materials may be used for purposes of research, education, or other non-commercial use as follows:
- Display. Licensee and Authorized Users shall have the right to electronically display the Licensed Materials.
- Digitally Copy. Licensee and Authorized Users may download and digitally copy a reasonable portion of the Licensed Materials.
- Print Copy. Licensee and Authorized Users may print (one copy per user) reasonable portions of the Licensed Materials.
- Recover Copying Costs. Licensee may charge a fee to cover costs of copying or printing portions of Licensed Materials for Authorized Users.
- Electronic Reserve. Licensee and Authorized Users may use a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction
offered by Licensee and/or its parent institution.
- Databases. If the Licensed Materials are a database, compilation, or collection of information, Authorized Users shall be permitted to extract or use information
contained in the database for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis.
- Electronic Links. Licensee may provide electronic links to the Licensed Materials from Licensee’s web page(s), and is encouraged to do so in ways that will increase the usefulness of the Licensed Materials to Authorized Users. Licensor staff will assist Licensee upon request in creating such links effectively. Licensee may make changes in the appearance of such links and/or in statements accompanying such links as reasonably requested by Licensor.
- Caching. Licensee and Authorized Users may make such local digital copies of the Licensed Materials as are necessary to ensure efficient use by Authorized Users by appropriate browser or other software.
- Indices. Licensee may use the Licensed Materials in connection with the preparation of or access to integrated indices to the Licensed Materials, including author, article, abstract, and keyword indices.
- Scholarly Sharing. Authorized Users may transmit to a third party colleague in hard copy or electronically, minimal, insubstantial amounts 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, Authorized Users have the right to use, with appropriate credit, figures, tables and brief excerpts from the Licensed Materials in the Authorized User’s own scientific, scholarly, and educational works.
- No purchaser or user shall use any portion of the contents of PEP-Web in any form of commercial exploitation, including, but not limited to, commercial print or broadcast media, and no purchaser or user shall reproduce it as its own any material contained herein.
- LIMITATION OF LIABILITY. The publishers of the publications appearing on the PEP-Web Archive and PEP disclaim any liability to any party for the accuracy, completeness or availability of any of the material herein, or for any damages arising out of the use or non-use of said material or any information contained therein.
- Copyright Warranty. Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials, that it has obtained any and all necessary permissions from third parties to license the Licensed Materials, and that use of the Licensed Materials by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party. The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney’s fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User in accordance with the terms of this Agreement. This indemnity shall survive the termination of this agreement. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION.
- Exhibit A (see below) is expressly made a part of this Agreement.
Neither party will discriminate on the basis of race, color, national origin, religion, sex, age, disability, or veteran/Reserve/National Guard status in performing its obligations under this Agreement.
Should you have any questions concerning this Agreement, or if you desire to contact PEP for any reason, please contact PEP Sales at email@example.com.