Terms and Conditions for Library Use of Canadian Electronic Library Content
This Agreement constitutes a non-exclusive, non-transferable license to use the content, data and platform available at www.deslibris.ca. This includes the content as made available under the "Canadian Electronic Library" tradename on the ebrary platform.
1. THE PARTIES: “Customer” means the person(s) and/or organization (s) that desire to license desLibris for the benefit of its“Authorized Users.” “Site” means the website at www.deslibris.ca. “CEL” means Canadian Electronic Library, which is a tradename owned by Gibson Publishing Connections, a corporation registered in Ontario, Canada.
2. CONTENT: ”Content” means the entire desLibris site, which includes “Copyright Titles” owned by copyright holders, “Metadata” owned by CEL, and software licensed by CEL to host and present the Content. “Public Documents” are monographs which have been made publicly available on other websites by their owners or which have been declared by their owners as available under a Creative Commons license.
3. GRANT OF LICENSE: Subject to the restrictions contained in Article 5 below, the Customer is hereby granted a non-exclusive license to use desLibris in ways that are consistent with Canadian copyright, U.S. Fair Use Provisions and international law.
4. PERMITTED USES: Copyright Titles are protected by the Canada Copyright Act. Subject to the restrictions set out in Section 5. Authorized Users may make limited noncommercial use of portions of the Content; may copy and print portions of the Content using the copy and print features provided on the desLibris site to the extent permitted under Canadian law pursuant to the doctrine of fair dealing. Links to the Content are permitted without restriction. Access or use of the Content as delivered by desLibris on a web-enabled portable device is permitted. Any other use of a Copyright Title requires written permission from the copyright holder. Public Document Titles may be downloaded, stored in local storage devices and shared freely under the terms of the CreativeCommons Attribution-NonCommercial-NoDerivs 3.0 Unported License.
5. RESTRICTED USES: Customer and its Authorized Users may not: modify or create a derivative work from the Content; remove, obscure, or modify copyright notices; sell, distribute or commercially exploit the Content; make electronic copies of any portion of any Title for the purpose of any form of electronic redistribution, including coursepacks, reserve or inter-library loan systems.
For greater clarity:
You may not make copies (print or electronic) of any portion of Copyright Titles for inclusion in course packs. Links may be shared with anyone, but only those with IP-authenticated access will be able to read full text of Copyright Titles. Open Access Titles may be used without restriction.
Because the Content is licensed only to a specific system or institution, paper or electronic copies of Copyright Titles may not be made for purposes of e-reserve. Links maybe shared with anyone, but only those with IP-authenticated access will be able to read full text of Copyright Titles.
Because the Content is licensed only to a specific system or institution, paper or electronic copies of any portion of copyright titles may not be made for purposes of inter-library loan. Links maybe shared with anyone, but only those with IP-authenticated access will be able to read full text of Copyright Titles.
6. AUTHORIZED USERS: Authorized Users are the Customer’s currently enrolled full- or part-time students, employees, faculty, staff,affiliated researchers, distance learners, and visiting scholars. Authorized use includes remote access through an authentication (proxy) server that guarantees access only by Authorized Users. Walk-in patrons are also authorized to access desLibris while physically present at the Site.
7. DELIVERY / ACCESS: desLibris will be stored by CEL at one or more locations in digital form. If the Customer has paid for a Web subscription, Authorized Users will be granted access to the location(s).
8. CUSTOMER SUPPORT: CEL will offer reasonable levels of continuing support via email, phone or fax, during normal business hours, for feedback, problem-solving, or general questions. Any technical assistance that CEL may provide to the Customer is provided at the sole risk of the Customer.
10. POPULATION SERVED: desLibris and CEL pricing is based on population served, which is defined as follows:
Academic libraries: FTE. The definition and calculation of FTE includes all current students, staff, and faculty of the Member, whether part-time, full-time, permanent, contract, adjunct, or Visiting; and retired faculty and staff with Emeritus, or equivalent status. Although not included in the above calculation, authorized users may include walk-in users, who are other individuals who have been issued a password or other authentication to use library resources from computer terminals within the library premises. Alumnae are not included in this license, although special arrangements may be made to include related authenticated individuals.
Public libraries: Cardholders. Population served includes only authorized cardholders, not general population.
Special libraries: Knowledge workers. These are individuals within the organization who would reasonably be expected to use library resources.
CEL reserves the right to cease offering the Customer the opportunity to renew a subscription.
11. PRODUCT UPDATES: The Customer will have online access to updates to desLibris for which the appropriate fee has been paid.
CEL provides no guarantee that any specific content or Title will be available through desLibris. Access rights on copyright Titles, which are controlled by Publishers, can change without notice, so Titles may be removed without penalty or notice. Therefore there is no warranty offered to Customers that any Title will be available on the site.
13. PERFORMANCE: CEL will use reasonable efforts to ensure that its servers have sufficient capacity and rate of connectivity to provide the Customer with a quality of service comparable to current standards in the online information industry. CEL will use reasonable efforts to provide continuous service with an average of 28 days of up-time per month and will attempt to perform scheduled downtime at low-usage times.
14. LIMITATION OF WARRANTIES AND LIABILITY: CEL and the Content Owners warrant and represent that they have the right to enter into this Agreement and to deliver desLibris "as is." This warranty is in lieu of any and all other warranties, written or oral, express or implied, including without limitation, warranties of merchant ability of fitness for a particular purpose, all of which CEL disclaims. In no event will CEL be liable for more than the license fee paid, whether such liability arises from breach of warranty, breach of this contract, or otherwise, and whether in contract or in tort, including negligence and strict liability.
15. TERMINATION: If the Customer materially and seriously breaches any term of this Agreement, CEL may, in addition to its other legal rights and remedies, terminate this license 30 days after written notice to Customer, if Customer has not remedied the breach within the 30 days. Upon any termination, the Customer will erase all electronic storage of copies of desLibris made by the Customer. Any termination, whether or not pursuant to this Article 13, will not affect any obligation or liability of a party arising prior to termination, and the provisions of Articles 13 will survive any termination. If there is a significant loss in the content of a collection during the term of a subscription, the Customer may terminate either the package or the license as a whole from the time of the loss. In this event CEL agrees to refund Customer for the remainder of the subscription term from the date of termination.
16. FORCE MAJEURE: Neither CEL nor the Content Owners will be responsible for any delay or failure in performance resulting from any cause beyond their control.
17. APPLICABLE LAW: This Agreement will be governed by and construed in accordance with the laws of the province of Ontario without giving effect to the principles of conflict of laws thereof, and to the extent permitted by applicable law, the Customer and CEL consent
s to the jurisdiction of courts situated in Ontario in any action arising under this Agreement.
18. DISPUTE RESOLUTION: If any differences arise between the Customer and CEL relating to the meaning of this Agreement, the parties agree to resolve such differences through Arbitration or by any other means to which the two parties may agree.
19. ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding of the parties and supersedes all prior communications, understandings, and agreements relating to the subject matter hereof, whether oral or written.
20. AMENDMENT: No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of the Customer and CEL.
21. RIGHTS OF CONTENT OWNERS: The rights granted by CEL in this Agreement do not supersede any existing rights belonging to the content owners.
22. SEVERABILITY: If a term or condition of this Agreement is invalid or unenforceable, the remaining terms and conditions here of shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law.