The Library License agreement is a specialized contract used in the German legal framework to establish and govern the relationship between content providers/publishers and library institutions. This document is essential when libraries seek to acquire and provide access to digital resources, databases, or other content for their users. The agreement must comply with German contract law, copyright regulations, and data protection requirements (GDPR), while addressing practical aspects of modern library operations. A Library License typically includes detailed provisions for user authentication, permitted uses, technical specifications, and service levels, making it suitable for academic, research, and public libraries operating under German jurisdiction. The document serves as a crucial tool for ensuring legal compliance while facilitating access to knowledge and information resources.
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1. Parties: Identification of the contracting parties - the licensor and the library institution
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, including permitted uses and access rights
5. Access and Authentication: Technical specifications for accessing licensed materials and authentication methods
6. Usage Rights and Restrictions: Detailed permissions and prohibited uses of licensed materials
7. Term and Termination: Duration of the agreement and conditions for termination
8. Fees and Payment Terms: License fees, payment schedule, and related financial terms
9. Service Levels: Availability requirements and technical support obligations
10. Data Protection: GDPR compliance and data processing terms
11. Warranties and Indemnities: Legal guarantees and liability provisions
12. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices
1. Consortium Terms: Additional terms for consortium-wide licensing - include when the library is part of a purchasing consortium
2. Text and Data Mining Rights: Specific provisions for computational analysis - include for academic/research libraries
3. Open Access Provisions: Terms related to open access publishing - include when the license includes publishing rights
4. Accessibility Requirements: Specific provisions for ensuring accessibility - include for public libraries or when required by law
5. Archive and Preservation Rights: Terms for long-term preservation - include for research/academic libraries
6. Inter-Library Loan Rights: Terms governing sharing between libraries - include when ILL is permitted
7. Training and Support: Detailed support services - include for complex digital resources
1. Schedule A - Licensed Materials: Detailed list of licensed content, databases, or materials covered by the agreement
2. Schedule B - Authorized Users: Definition and categories of permitted users
3. Schedule C - Technical Specifications: Detailed technical requirements, formats, and access methods
4. Schedule D - Service Level Agreement: Detailed performance metrics and support requirements
5. Schedule E - Fee Schedule: Detailed breakdown of fees and payment terms
6. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms and specifications
7. Appendix 2 - Authentication Methods: Technical details of approved authentication systems and processes
Relevant legal definitions
Agreement
Authorized Users
Authentication
Access Credentials
Bibliographic Data
Commercial Use
Concurrent Users
Content Provider
Course Packs
Database
Digital Rights Management (DRM)
Electronic Resources
Fair Use
Host Institution
IP Authentication
Licensed Materials
License Fee
Library Premises
Metadata
Password
Permitted Uses
Platform
Print Version
Publisher
Remote Access
Secure Network
Service Level
Subscription Period
Technical Documentation
Text and Data Mining
Third Party Content
Usage Data
User Interface
Walk-in Users
Working Day
Archive Copy
Authorized Site
Confidential Information
Digital Copy
Force Majeure
Inter-library Loan
Perpetual Access Rights
Personal Data
Service Provider
Territory
Authorized Users
Authentication
Access Credentials
Bibliographic Data
Commercial Use
Concurrent Users
Content Provider
Course Packs
Database
Digital Rights Management (DRM)
Electronic Resources
Fair Use
Host Institution
IP Authentication
Licensed Materials
License Fee
Library Premises
Metadata
Password
Permitted Uses
Platform
Print Version
Publisher
Remote Access
Secure Network
Service Level
Subscription Period
Technical Documentation
Text and Data Mining
Third Party Content
Usage Data
User Interface
Walk-in Users
Working Day
Archive Copy
Authorized Site
Confidential Information
Digital Copy
Force Majeure
Inter-library Loan
Perpetual Access Rights
Personal Data
Service Provider
Territory
Clauses
License Grant
Access Rights
Authentication
Usage Restrictions
Technical Requirements
Service Levels
Data Protection
Confidentiality
Intellectual Property
Payment Terms
Warranties
Liability
Force Majeure
Term and Termination
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Indemnification
Performance Obligations
Reporting
Audit Rights
Insurance
Archive Rights
Updates and Maintenance
Training and Support
Security Requirements
Compliance with Laws
Access Rights
Authentication
Usage Restrictions
Technical Requirements
Service Levels
Data Protection
Confidentiality
Intellectual Property
Payment Terms
Warranties
Liability
Force Majeure
Term and Termination
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Indemnification
Performance Obligations
Reporting
Audit Rights
Insurance
Archive Rights
Updates and Maintenance
Training and Support
Security Requirements
Compliance with Laws
Relevant Industries
Education
Research and Development
Public Services
Publishing
Information Technology
Digital Content
Academic Libraries
Public Libraries
Legal Services
Cultural Heritage
Relevant Teams
Legal
Library Operations
Digital Resources
Information Technology
Procurement
Compliance
Content Management
Systems Administration
User Services
Relevant Roles
Library Director
Head of Collections
Digital Resources Manager
Legal Counsel
Procurement Manager
Information Technology Director
Electronic Resources Librarian
Licensing Manager
Content Acquisition Specialist
Library Systems Administrator
Data Protection Officer
Copyright Officer
Library Operations Manager
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