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This deed is between the NATIONAL LIBRARY OF AUSTRALIA of Canberra,
ACT 2600,
herein after called the 'Library' and . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . of
. . . . . . . . . . . . .
. . . . . . . . . . . . . . . ., herein after called the
'Depositor'.
The deed concerns all titles in CD-ROM or electronic format produced
by the Depositor
herein after called the 'Products'.
Individual titles subject to this deed will be listed using the attached schedule.
1. The Products may comprise any or all of the following components
(a) a database ("Database")
(b) database search software ("Software")
(c) instruction manuals ("Manuals")
(d) CD ROM disc(s) ("CD ROM")
(e) computer disk(s) ("Disks")
(f) videodisc(s) ("Videodiscs")
The components of each individual product are detailed on the attached
schedule.
2. This deed will commence on the date it is signed by both parties and will continue indefinitely.
1. The Depositor agrees to deposit all components of the Products with the Library on a voluntary basis in order to assist the Library to serve the needs of the Australian people through the maintenance of Australia's documentary heritage. 2. The Depositor agrees to deposit all updates or cumulations of a particular title unless otherwise negotiated with the Library. For the purposes of this deed, updates comprise changes in the informational content of the Products.
1. The Library may provide its users ("Users") with access to
the Products via: (Circle one or both options below which are applicable)
(a) a single stand-alone terminal only, or
(b) a local area network within the National Library building
2. The Users who may have access to the Products
(a) must be employees of the Library (including contractors and those under
Library management control) and any other person authorised by the
Library
(b) are limited in number to one person at any one time
3. Use of the Products by means of searching and viewing the Database or
portions thereof on a visual display unit (VDU) and similar uses
involving the visual display unit (VDU) and similar uses involving
the functionality of visual display unit (VDU) and similar uses
involving the functionality of the Products, not involving the
creation of permanent copies of the Products or any other part of
derivative thereof is, subject to this clause and clause 7,
unlimited.
4. Where the purpose of the User is
(a) research or study; and
(b) not commercial
use of the Products by means of downloading reasonable portions of the
information contained in any of the Products (which does not include
Software, provided subclause 7 is not breached) or derivatives
thereof into
(c) printed form; or
(d) an electronic, magnetic, optical or similar form of storage is
permitted.
For the purpose of this clause "reasonable portion" shall have
the same meaning as it has in Section
10(a) of the Copyright Act, 1968.
5. The Products may not be used for purposes associated with the creation of
another database or similar product intended for commercial exploitation,
nor may they be used in a manner that threatens to supersede the market
for the Products.
6. The Library may not decompile, disassemble, reverse engineer or otherwise
alter the Products except to an extent necessary to ensure the proper
functioning or interoperability of the Products with the computer systems
and networks of the Library or to ensure the preservation of the Products.
7. The Library will take measures to prohibit Users from downloading
installation and search or operating software.
8. The Library will not lend or otherwise make the Products available to
other libraries or institutions.
1. The Library will take all reasonable steps to ensure the Products are not used otherwise than in accordance with the terms and conditions of this deed. 2. The Library will ensure that the Products are identified as having been received by voluntary deposit. 3. The Library will ensure the physical security of the Products. Handling will be permitted only by Library staff (including contractors or those under Library management control) 4. The Library will ensure that a notice containing appropriate warnings about copyright and other constraints on the use of the Products is brought to the attention of Users. 5. The Library will make copies of depositor deeds available to Users in the Library if requested.
1. Ownership of copyright and any related intellectual property rights subsisting in the Products are not affected by this deed. 2. Physical ownership of copies of the Products deposited remains with the Library.
1. The Library may copy the Products for the sole purpose of guarding against
the risk that the originals may be lost, destroyed or rendered unusable
("Backup copies"). In the event of Backup copies being made,
the Library undertakes to store the original with due care and security.
2. Subject to clause 4 above, the Library may make and keep
electronic working copies of the Products where this is necessary to the
normal use and preservation of the Products ("Working copies")
1. The Depositor will ensure that the Library is provided with support services and advice necessary to ensure the proper installation and functioning of the Products and, without limiting the generality of the foregoing, will replace any part of the Products found to be defective or containing database or software errors within 30 days of return of same.
1. This deed and the licence contained in it may not be assigned by either party. 2. Any term or condition found to be void or unenforceable shall be modified or severed from this deed in order that all remaining terms and conditions continue in full force and effect. 3. This deed is to be governed by the laws of the Australian Capital Territory. 4. This deed contains the entire agreement and understanding of the Parties.
Signed, sealed and delivered for and on behalf of the National
Library of Australia
by
Name:
Title:
Date:
Signed, sealed and delivered for and on behalf of . . . . . . . . . . . . . . . . . . . . . . . . by
Name:
Title:
Date:
NATIONAL LIBRARY OF AUSTRALIA, Canberra, ACT 2600,
AUSTRALIA, ABN: 28 346 858 075
Telephone + 61 2 6262 1111; Facsimile +61 2
6257 1703; TTY: 1800 026 372