Licence Agreement for the Use of Purchased CD-ROMs and Other Electronic Materials

This agreement is between the NATIONAL LIBRARY OF AUSTRALIA of Canberra, ACT 2600, herein after called the 'Library' and . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . , herein after called the 'Vendor'.

The agreement concerns a product known as . . . . . . . . . . . . . . . . . . . . . . . . , herein after called the 'Product'.

1. The Product

1 The Product 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")

This Product consists of the following components:
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2. Commencement and Duration

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

3. Conditions of Access and Use

1 The Library may provide its users ("Users") with access to the Product via (Circle whichever option/s are applicable) (a) a single stand-alone terminal only, or (b) a local area network accessible within the National Library building 2 The Users who may have access to the Product (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 #_________ networked terminals at any one time 3 Use of the Product by means of searching and viewing the Database or portions thereof on a visual display unit (VDU) and similar uses involving the functionality of the product, but not involving the creation of permanent copies of the Product or any part or derivative thereof is, subject to this clause and clause 6, 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 the Product (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 simlar form of storage is permitted. For the purpose of this clause "reasonable portion" shall have the same meaning as it has in Section 10 (2) of the Copyright Act. 5 The Product may not be used for purposes associated with the creation of another database or similar product intended for commercial exploitation, nor may it be used in a manner that threatens to supersede the market for the Product. 6 The Library may not decompile, disassemble, reverse engineer or otherwise alter the Product except to an extent necessary to ensure the proper functioning or interoperability of the Product with the computer systems and networks of the Library or to ensure the preservation of the Product. 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 Product available to other libraries or institutions.

4. Responsibilities of the Library

1 The Library will take all reasonable steps to ensure the Product is not used otherwise than in accordance with the terms and conditions of this agreement. 2 The Library will ensure the physical security of the Product. Handling will be permitted only by Library staff (including contractors or those under Library management control) 3 The Library will ensure that a notice containing appropriate warnings about copyright and other constraints on the use of the Product is brought to the attention of Users. 4 The Library will make copies of this agreement available to Users in the Library if requested.

5. Ownership of the Product

1 Ownership of copyright and any related intellectual property rights subsisting in the Product is not affected by this agreement.

6. Backup and Working Copies

1 The Library may copy the Product for the sole purpose of guarding against the risk that the originals may be lost, destroyed or rendered unusable ('Backup copies'). 2 Subject to clause 3 above, the Library may make and keep electronic working copies of the Product where this is necessary to the normal use and preservation of the Product ("Working copies")

7. Customer Support

1 The Vendor will ensure that the Library is provided with support services and advice necessary to ensure the proper installation and functioning of the Product and, without limiting the generality of the foregoing, will replace any part of the Product found to be defective or containing database or software errors within 30 days of return of same.

8. General

1 This agreement 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 agreement in order that all remaining terms and conditions continue in full force and effect. 3 This agreement is to be governed by the laws of the Australian Capital Territory. 4 This agreement contains the entire agreement and understanding of the Parties.


Signed for and on behalf of the National Library of Australia by

Name:.
Title:
Date:

Signed for and on behalf of . . . . . . . . . . . . . . . . . . . . . . . . by

Name:
Title:
Date:

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