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Deed for the Use of CD-ROMs & Other Electronic Materials Received by Voluntary Deposit

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
  2. Commencement and Duration
  3. Voluntary Deposit
  4. Conditions of Access and Use
  5. Responsibilities of the Library
  6. Ownership of the Product
  7. Backup and Working Copies
  8. Customer Support
  9. General

1. The Products

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. Commencement and Duration

2. This deed will commence on the date it is signed by both parties 
and will continue indefinitely.

3. Voluntary Deposit

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.

4. Conditions of Access and Use

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. 

5. Responsibilities of the Library

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.

6. Ownership of the Product

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.

7. Backup and Working Copies

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") 

8. Customer Support

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.

9. General

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:

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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