Users. For the avoidance of doubt, no alteration of the words or their order is permitted.
| | Comment: We would delete this. You should be able to “alter, abridge, adapt, or modify” the materials as long as you are not creating a derivative work that requires the copyright owner’s permission. This broad prohibition may be more important in Europe, where there has been longstanding protection of authors’ moral rights. We can understand an author’s concerns about her words being altered such that the intended meaning is lost. |
PUBLISHER’S UNDERTAKINGS
The Publisher warrants to the Licensee that the Licensed Materials used as contemplated by this License do not infringe the copyright or any other proprietary or intellectual property rights of any person. The Publisher shall indemnify and hold the Licensee harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the Licensee claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this License for any reason. This indemnity shall not apply if the Licensee has amended the Licensed Materials in any way not permitted by this License.
| | Comment: This “hold harmless” ciause is important for the licensee. Indemnification means that the licensor will protect or compensate the library if the database contains infringing content. |
The Publisher shall:
make the Licensed Materials available to the Licensee from the Server via the Internet access to which is authenticated by [Internet Protocol Address] [Athens] [Shibboleth] as specified in Schedule 1. The Publisher will notify the Licensee at least [ninety (90)] [sixty (60)] days in advance of any anticipated specification change applicable to the Licensed Materials. If the changes render the Licensed Materials less useful in a material respect to the Licensee, the Licensee may within thirty days of such notice treat such changes as a breach of this License under clause 10.1.2 and 10.4.
| | Comment: This important clause requires the publisher to notify you of changes well in advance, and permits the library to terminate the contract if the changes make the licensed materials less useful. The more notice you have, the better. |
