Terms & Conditions of Institutional Online Access
Key definitions
In this License, the following terms shall have the following meanings:
1.1 Authorized Users Current members of the staff of the Licensee (whether on a permanent, temporary, contract or visiting basis) and individuals who are currently studying at the Licensee’s institution, who are permitted to access the Secure Network from within the premises of the Licensee and from such other places where Authorized Users work or study, including without limitation halls of residence and lodgings and homes of Authorized Users, and who have been issued by the Licensee with a password or other authentication.
1.2 Commercial Use Use for the purposes of monetary reward (whether by or for the Licensee or an Authorized User) by means of the sale, resale, loan, transfer, hire or other form of exploitation of the electronic version of the Canadian Journal of Dietetic Practice and Research (CJDPR).
1.3 Fee Payment for the use of the electronic version of CJDPR in the form of an annual subscription.
1.4 Library Premises The physical premises of the Library or Libraries operated by the Licensee.
1.5 Secure Network A network (whether a standalone network or a virtual network within the Internet) which is accessible only to Authorized Users and Walk-in Users approved by the Licensee, whose identity is authenticated at the time of login and periodically thereafter consistent with current best practice, and whose conduct is subject to regulation by the Licensee.
1.6 Walk-in Users Persons who are not Authorized Users but who are registered as permitted users of the Licensee’s library or information service and who are permitted to access the Secure Network from designated computer terminals within the Library Premises, and who have been issued by the Licensee with a password or other authentication.
2. Agreement
2.1 The Publisher agrees to grant the Licensee the non-exclusive and non-transferable right to give Authorized and Walk-in Users access to the electronic version of CJDPR from the Site via a Secure Network, subject to the terms and conditions of this License, and the Licensee agrees to pay the Fee to the Publisher.
2.2 This License shall commence on the date of entry of a confirmed subscription to the electronic version of CJDPR and shall remain in effect until the subscription expires on December 31st of the current calendar year, unless renewed.
2.3 The right specified in subclause 2.1 is granted in all countries of the world.
3. Permitted uses
3.1 The Licensee may, subject to the provisions of clause 4:
3.1.1. Allow Authorized Users to have access to the electronic version of CJDPR via the Secure Network.
3.1.2. Allow Walk-in Users to have access to the electronic version of CJDPR from computer terminals within the Library Premises.
3.1.3. Supply to an Authorized User of another library (whether by post, fax or secure intermediate electronic transmission, whereby the electronic file is deleted immediately after printing), for the purposes of research or private study, a single paper copy or an electronic original of an individual document.
3.1.4. Display, download or print individual document(s) from the electronic version of CJDPR for the purpose of internal marketing or testing, or for training Authorized Users.
3.2 Authorized Users and Walk-in Users may, subject to the provisions of clause 4:
3.2.1. Search, view, retrieve and display the electronic version of CJDPR.
3.2.2. Electronically save parts of the electronic version of CJDPR for personal use.
3.2.3 Print off single copies of parts of the electronic version of CJDPR.
3.3 Nothing in this License shall in any way exclude, modify or affect anything the Licensee or Authorized and Walk-in Users are allowed to do in respect of the Electronic version of CJDPR under any statutory rights granted under the Copyright Board of Canada: Copyright Act or any statutory instruments made thereunder or any amending legislation.
4. Prohibited uses
4.1. Neither the Licensee nor Authorized or Walk-in Users may remove or alter the authors’ names or the Publisher’s copyright notices or other means of identification or disclaimers as they appear in the electronic version of CJDPR.
4.2. Neither the Licensee nor Authorized or Walk-in Users may systematically make print or electronic copies of multiple extracts of the electronic version of CJDPR for any purpose.
4.3. Neither the Licensee nor Authorized or Walk-in Users may provide, by electronic means, to a user at another library or elsewhere, a retained electronic copy of any part of the electronic version of CJDPR.
4.4. Neither the Licensee nor Authorized or Walk-in Users may mount or distribute any part of the electronic version of CJDPR on any electronic network, including without limitation the Internet and the World Wide Web, other than the Secure Network.
4.5. The Publisher’s explicit written permission must be obtained in order to:
4.5.1. Use the whole or any part of the electronic version of CJDPR for any Commercial Use.
4.5.2. Systematically distribute the whole or part of the electronic version of CJDPR to anyone other than Authorized Users.
4.5.3. Publish, distribute or make available the electronic version of CJDPR, works based on the electronic version of CJDPR or works which combine it with any other material, other than as permitted in this License.
4.5.4. Alter, abridge, adapt or modify the electronic version of CJDPR, except to the extent necessary to make it perceptible on a computer screen to Authorized and Walk-in Users. For the avoidance of doubt, no alteration of the words or their order is permitted.
5. Undertakings
5.1. The Publisher warrants to the Licensee that, to the best of its belief, it is the owner of the copyright in the electronic version of CJDPR or that it is duly licensed to use the copyright material contained in the electronic version of CJDPR and that the electronic version of CJDPR used as contemplated in this License does not infringe any copyright or other proprietary or intellectual property rights of any natural or legal person. The Publisher shall indemnify and hold the Licensee harmless from and against any direct loss, damage, cost, liability or expense (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 for any reason of this License. This indemnity shall not apply if the Licensee has amended the electronic version of CJDPR in any way not permitted by this License.
5.2. The Publisher shall:
5.2.1. Notify the Licensee at least 60 (sixty) days in advance of any anticipated specification change applicable to the electronic version of CJDPR.
5.2.2. Provide the Licensee, within 7 (seven) days of payment of the initial Fee, with information sufficient to enable access to the electronic version of CJDPR.
5.3. The Publisher reserves the right at any time to withdraw from the electronic version of CJDPR any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. The Publisher shall give written notice to the Licensee of such withdrawal.
5.4. The Licensee shall:
5.4.1. Use all reasonable endeavours to ensure that all Authorized and Walk-in Users are appropriately notified of the importance of respecting the intellectual property rights in the electronic version of CJDPR.
5.4.2. Use all reasonable endeavours to ensure that Authorized and Walk-in Users are made aware of and agree to abide by the terms and conditions of this License; use all reasonable endeavours to monitor compliance and immediately on becoming aware of any unauthorized use or other breach, inform the Publisher and take all reasonable steps both to ensure that such activity ceases and to prevent any recurrence.
5.4.3. Issue passwords or other access information only to Authorized Users and use all reasonable endeavours to ensure that Authorized Users do not divulge their passwords or other access information to any third party.
5.6. Nothing in this License shall make the Licensee liable for breach of the terms of the License by any Authorized or Walkin User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred.
5.7. The Licensee shall be solely responsible for any sales, use, value added or similar taxes charged in their country in addition to the Fee.
5.8. Each party shall use its best endeavours to safeguard the intellectual property, confidential information and proprietary rights of the other party.
6. Termination
6.1. In addition to the automatic termination (unless renewed) specified in clause 2, this License is terminated if either party gives written notice to the other in the following circumstances:
6.1.1. The Licensee defaults in making payment of the Fee.
6.1.2. Either party commits a material or persistent breach of any term of this License and fails to remedy the breach (if capable of remedy) within 30 (thirty) days of notification in writing by the other party.
6.1.3. Either party becomes insolvent or becomes subject to receivership, liquidation or similar external administration.
6.2. On termination, all rights and obligations of the parties automatically terminate.
6.3. On termination of this License due to breach of any term thereof by the Licensee, the Licensee shall immediately cease to distribute or make available the electronic version of CJDPR to Authorized and Walk-in Users.
6.4. On termination of this License due to breach of any term thereof by the Publisher, the Publisher shall forthwith repay to the Licensee a pro rata refund of the unexpired portion of the Fee.
6.5. On termination of this License for any cause other than breach by the Licensee, the Publisher shall continue to provide access to the Electronic version of CJDPR made available prior to the date of termination.
7. Assignation
7.1. This License may not be assigned by either party to any other person or organization, nor may either party subcontract any of its obligations, without the prior written consent of the other party, which consent shall not be unreasonably withheld.
7.1.1. If rights in all or any part of the electronic version of CJDPR are assigned to another publisher, the Publisher shall use its best endeavours to ensure that the terms and conditions of this License are maintained.1
7.1.2. Any notices to be served on either of the parties by the other shall be sent by prepaid recorded delivery, registered mail, or courier to the address of the addressee or to such other address as notified by either party to the other as its address for the service of notices and all such notices shall be deemed to have been received within 14 days of posting. The address of the Publisher is 99 Yorkville Avenue, Second Floor, Toronto, ON M5R 1C1; the address of the Licensee is the latest address recorded by the Publisher in its subscriber database.
7.3. Neither party shall be liable in any way for failure or delay in performing its obligations under this License if the failure or delay is due to causes outside the reasonable control of the party in default.
7.4. The failure of any party to enforce any provision on any one occasion shall not affect its right to enforce another provision or the same provision on another occasion.
7.5. In the event that any provision of this License is held to be invalid, the remainder of the provisions shall continue in full force and effect.
7.6. This License shall be governed by and construed according to the laws of Ontario, Canada and the parties irrevocably agree to submit to the jurisdiction of the Ontario Courts.
7.7. This License constitutes the entire agreement of the parties and supersedes click-through agreements or generic contracts posted on the Web, all prior communications, understandings and agreements relating to the subject matter of this agreement, whether oral or written.
