The Library License Agreement is a crucial document used when establishing a formal relationship between content providers/publishers and libraries or similar institutions in Australia. It sets out the terms under which licensed materials (such as digital resources, databases, or print materials) can be accessed and used by the library's authorized users. This agreement type is essential for managing digital collections, ensuring copyright compliance, and protecting both parties' interests under Australian law. The document addresses key aspects including access rights, usage permissions, technical requirements, authentication methods, and commercial terms, while ensuring compliance with relevant Australian legislation including the Copyright Act 1968, Privacy Act 1988, and state-specific library regulations. It's particularly relevant for academic institutions, public libraries, research organizations, and library consortia seeking to provide their users with access to published content.
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1. Parties: Identifies the licensor (content provider/publisher) and licensee (library/institution)
2. Background: Contextual information about the purpose of the agreement and the parties' relationship
3. Definitions: Defines key terms used throughout the agreement, including 'Licensed Materials', 'Authorized Users', 'Library Premises', etc.
4. License Grant: Specifies the scope of the license, including access rights, usage permissions, and restrictions
5. Authorized Use: Details permitted uses of licensed materials, including viewing, downloading, and sharing rights
6. Access and Authentication: Specifies how authorized users will access the licensed materials and authentication methods
7. Library Obligations: Outlines the library's responsibilities regarding user management, security, and usage monitoring
8. Provider Obligations: Details the provider's commitments regarding content delivery, maintenance, and support
9. Term and Termination: Specifies agreement duration, renewal terms, and termination conditions
10. Fees and Payment: Details the license fees, payment terms, and any additional charges
11. Warranties and Indemnities: Covers warranties regarding content, services, and related indemnification provisions
12. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement
1. Inter-Library Loan Rights: Include when the library needs rights to share materials with other institutions
2. Text and Data Mining Rights: Include when the library requires rights for computational analysis of licensed materials
3. Archive and Perpetual Access: Include when permanent access rights after subscription termination are needed
4. Accessibility Compliance: Include detailed accessibility requirements for materials when serving users with disabilities
5. Consortia Provisions: Include when the agreement is part of a library consortium arrangement
6. Privacy and Data Protection: Include detailed privacy terms when significant user data processing is involved
7. Open Access Provisions: Include when the agreement includes terms for open access publishing
1. Schedule 1 - Licensed Materials: Detailed list of licensed content, databases, or collections covered by the agreement
2. Schedule 2 - Pricing Schedule: Detailed breakdown of fees, including any tiered pricing or user-based calculations
3. Schedule 3 - Service Levels: Technical specifications, availability requirements, and support service levels
4. Schedule 4 - Authorized Locations: List of physical locations and IP ranges covered by the license
5. Schedule 5 - Implementation Plan: Timeline and process for implementing access to licensed materials
6. Appendix A - Usage Guidelines: Detailed guidelines for authorized users regarding permitted uses and restrictions
7. Appendix B - Technical Requirements: Specific technical requirements for accessing and using the licensed materials
Relevant legal definitions
Licensed Materials
Authorized Users
Library Premises
Authentication
Access Period
Commercial Use
Course Packs
Digital Rights Management (DRM)
Electronic Reserve
Fair Dealing
IP Address
Library Staff
Login Credentials
Metadata
Password
Perpetual Access
Publisher Platform
Remote Access
Secure Network
Subscription Period
Terms of Use
Text and Data Mining
Usage Data
User Interface
Walk-in Users
Working Day
Concurrent Users
Institutional Network
Inter-Library Loan
Licensed Site
Permitted Uses
Service Level Requirements
Subscription Fee
Technical Specifications
Authorized Institution
Confidential Information
Content Updates
Force Majeure Event
Implementation Date
Intellectual Property Rights
Authorized Users
Library Premises
Authentication
Access Period
Commercial Use
Course Packs
Digital Rights Management (DRM)
Electronic Reserve
Fair Dealing
IP Address
Library Staff
Login Credentials
Metadata
Password
Perpetual Access
Publisher Platform
Remote Access
Secure Network
Subscription Period
Terms of Use
Text and Data Mining
Usage Data
User Interface
Walk-in Users
Working Day
Concurrent Users
Institutional Network
Inter-Library Loan
Licensed Site
Permitted Uses
Service Level Requirements
Subscription Fee
Technical Specifications
Authorized Institution
Confidential Information
Content Updates
Force Majeure Event
Implementation Date
Intellectual Property Rights
Clauses
License Grant
Authorized Use
Access Rights
Usage Restrictions
Authentication
Service Levels
Content Delivery
Technical Requirements
Payment Terms
Fee Adjustments
Term and Duration
Termination
Renewal
Warranties
Indemnification
Limitation of Liability
Force Majeure
Confidentiality
Data Protection
Privacy
Copyright Compliance
Fair Dealing
Inter-Library Loan
Archive Rights
Perpetual Access
Text and Data Mining
Course Materials
Electronic Reserve
User Support
Content Updates
Quality Assurance
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Amendment
Severability
Third Party Rights
Compliance with Laws
Security Requirements
Performance Monitoring
Reporting
Audit Rights
Authorized Use
Access Rights
Usage Restrictions
Authentication
Service Levels
Content Delivery
Technical Requirements
Payment Terms
Fee Adjustments
Term and Duration
Termination
Renewal
Warranties
Indemnification
Limitation of Liability
Force Majeure
Confidentiality
Data Protection
Privacy
Copyright Compliance
Fair Dealing
Inter-Library Loan
Archive Rights
Perpetual Access
Text and Data Mining
Course Materials
Electronic Reserve
User Support
Content Updates
Quality Assurance
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Amendment
Severability
Third Party Rights
Compliance with Laws
Security Requirements
Performance Monitoring
Reporting
Audit Rights
Relevant Industries
Education
Research & Development
Public Sector
Publishing
Information Services
Cultural Heritage
Legal Services
Healthcare
Technology
Media & Entertainment
Relevant Teams
Legal
Procurement
Information Services
Digital Resources
Library Operations
Content Management
IT Systems
Finance
Compliance
Academic Resources
Relevant Roles
Library Director
Content Licensing Manager
Digital Resources Coordinator
Legal Counsel
Procurement Manager
Information Services Manager
Library Systems Administrator
Collections Manager
Academic Resources Director
Copyright Officer
Chief Librarian
Digital Services Librarian
Contract Manager
Library Operations Manager
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