Licensing
SAGE License Agreement Language: Terms and Conditions
The following terms and conditions are standard throughout the SAGE License Agreements:
DEFINITIONS
The following terms shall have the following meanings:
Licensed Material shall mean the materials that are subject to this Agreement and shall consist solely of the electronic information published by SAGE as set forth on an attached Exhibit attached hereto and incorporated herein by reference. “Licensed Materials” does not include any additional journals, publications, or other content not identified on an attached Exhibit.
License shall mean the non-exclusive, non-transferable license to access and use the Licensed Material and all updates related thereto via the SAGE online delivery platform.
Authorized Users shall mean individuals who are authorized by the Licensee to access the Licensee's information services whether on-site or off-site via Secure Authentication and who are affiliated to the Licensee as a current student (undergraduates and postgraduates), member of staff (whether on a permanent or temporary basis) or contractor of the Licensee. Persons who are not a current student, member of staff or a contractor of the Licensee, but who are permitted to access the Licensee’s information services from computer terminals within the physical premises of the Licensee ["Walk-In Users"] are also deemed to be Authorized Users, only for the time they are within the physical premises of the Licensee. Walk-In Users may not be given means to access the Licensed Material when they are not within the physical premises of the Licensee.
Intellectual Property Rights shall mean patents, trademarks, trade names, design rights, copyright (including rights in computer software and moral rights), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world.
Reasonable Amount shall mean not more than 10% of the content contained in the Licensed Materials.
Institutions shall mean the participating Institutions identified on Exhibit 2 attached hereto and incorporated herein by reference.
Commercial Use shall mean use for the purpose 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 Licensed Work. For the avoidance of doubt, neither recovery of direct cost by the Licensee from Authorized Users, nor use by the Licensee or Authorized Users of the Licensed Materials in the course of research funded by a commercial organization is deemed to constitute Commercial Use.
Educational Purposes shall mean for the purpose of education, teaching, distance learning, private study and/or research.
Fees shall mean the fees as set out in Exhibit 3.
Secure Authentication shall mean access to the Licensed Material by Internet Protocol (“IP”) ranges or by another means of authentication agreed between the Publisher and Institution from time to time.
Authorized Use of Licensed Materials
Licensee and Authorized users may use the Licensed Materials for purposes of research, education or other non-commercial use as follows:
Display. Licensee and Authorized Users shall have the right to electronically display the Licensed Materials.
Digitally Copy. Licensee and Authorized Users may download and digitally copy a Reasonable Amount of the Licensed Materials.
Print Copy. Licensee and Authorized Users may print a Reasonable Amount of the Licensed Materials.
Recover Copying Costs. Licensee may charge a reasonable fee to cover costs of copying or printing portions of Licensed Materials for Authorized Users.
Course Packs. Licensee and Authorized Users may use a Reasonable Amount of the Licensed Materials in the preparation of Course Packs or other educational materials.
Electronic Reserve. Licensee and Authorized Users may use a Reasonable Amount of the Licensed Materials for use in connection with specific courses of instruction offered by Licensee.
Analysis. Licensee and Authorized Users shall be permitted to extract or use information contained in the Licensed Materials for educational, scientific, or research purposes, including but not limited to extraction and manipulation of information for the purposes of illustration, explanation, example, comment, criticism, teaching, research, or analysis.
Scholarly Sharing. Licensee and Authorized Users may transmit to a third party colleague in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercial purposes. In addition, Authorized Users have the right to use, with appropriate credit, figures, tables and brief excerpts from the Licensed Materials in the Authorized User’s own scientific, scholarly and educational works.
Inter-Library Loan (“ILL”). Licensee shall be permitted to use Reasonable Amounts of the Licensed Materials to fulfill occasional requests from other, non participating institutions, a practice commonly called Inter-Library Loan. Customer agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC §108, “Limitations on exclusive rights: Reproduction by libraries and archives”) and the Guidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works (CONTU).
The electronic form of the Licensed Materials may be used as a source for ILL. Secure electronic transmission as used by Ariel or Prospero to fulfill ILL requests is permitted. Participating Libraries agree that copyright notices will be sent on all ILL transmissions. Fulfillment of Loansome DocR service requests is permitted. Non-secure electronic transmission of files is not permitted.
RESTRICTIONS
The Licensee and Authorized Users shall not use the Licensed Materials as follows:Commercial Use. Sell or resell the Licensed Material unless the Licensee or an Authorized User has been granted prior written consent by the Publisher. Use all or any part of the Licensed Material for any Commercial Use or for any purpose other than Educational Purposes.
Alter Identification. Remove, obscure or modify copyright notices, text acknowledging, attributions or other means of identification or disclaimers as they appear.
Alter Licensed Materials. Alter, adapt or modify the Licensed Material, except to the extent necessary to make it perceptible on a computer screen, or as otherwise permitted in this Agreement. Alteration of words or their order is strictly prohibited.
Distribution. Display or distribute any part of the Licensed Material on any electronic network, including without limitation the Internet and the World Wide Web, and any other distribution medium now in existence or hereinafter created, other than by a Secure Network.
For multi-site or consortia quotes, please contact your regional Library/Consortia Sales Manager.
For further information about the SAGE agreements or licenses, please contact Carol Richman, Director of Licensing.
