This document serves as a Library License agreement under Malaysian jurisdiction, essential for institutions seeking to provide controlled access to library resources. It is commonly used when establishing relationships between content providers and various organizations requiring access to library materials. The agreement encompasses crucial elements such as access rights, usage permissions, technical specifications, and compliance requirements with Malaysian legislation, including the Copyright Act 1987 and Personal Data Protection Act 2010. This document is particularly relevant in today's digital age where libraries increasingly provide electronic resources alongside traditional materials, requiring careful consideration of both physical and digital access rights, user authentication, and data protection measures.
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1. Parties: Identification of the library/licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, nature of the library resources, and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement including 'Licensed Materials', 'Authorized Users', 'Access Methods', etc.
4. Grant of License: Scope of the license, including permitted uses and access rights
5. Term and Termination: Duration of the license and conditions for termination
6. Access and Authentication: Methods of accessing licensed materials and authentication requirements
7. Permitted Uses: Specific allowed uses of licensed materials including viewing, downloading, and sharing
8. Restrictions: Prohibited uses and limitations on the license
9. Privacy and Data Protection: Obligations regarding user data protection under Malaysian law
10. Technical Requirements: Technical specifications for accessing and using licensed materials
11. Payment Terms: License fees, payment schedule, and related financial terms
12. Warranties and Indemnities: Legal guarantees and protections for both parties
13. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Training and Support: Include when the license includes provision of training or technical support services
2. Content Updates: Include when the licensed materials are subject to regular updates or modifications
3. Consortium Terms: Include for licenses involving library consortiums or multiple institutions
4. Archive Rights: Include when permanent archival rights are being granted post-termination
5. Usage Statistics: Include when usage reporting and analytics are part of the service
6. Text and Data Mining Rights: Include when allowing computational analysis of licensed materials
7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
1. Schedule 1 - Licensed Materials: Detailed list of all materials covered under the license
2. Schedule 2 - Authorized Locations: List of physical locations and IP ranges where access is permitted
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees and payment terms
4. Schedule 4 - Technical Specifications: Detailed technical requirements and access methods
5. Schedule 5 - Service Level Agreement: Performance standards and support levels
6. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of licensed materials
7. Appendix B - Privacy Policy: Detailed privacy and data protection procedures
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