Authorised users affiliated to organisations granted access to this resource are governed by the user license agreement signed by their organisation. The template of this agreement can be found by clicking here. The key terms of use are outlined below:
The material that is the subject of this Agreement is electronic information published or otherwise made available by the Licensor and is described as Archives Direct (hereinafter referred to as the "Licensed Materials" (where such term shall include any part of the Licensed Materials, and any data or information extracted from the Licensed Materials).
The Licensee and its Authorised Users (as defined below) acknowledge that the copyright and title to the Licensed Materials and any trade marks, design rights, database rights, domain names or any other intellectual property rights subsisting therein or relating thereto remain with the Licensor and/or its suppliers. Neither the Licensee nor its Authorised Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement.
In consideration of the payment by the Licensee to the Licensor of the licence fee set out on the Licensor’s invoice (the “Licence Fee”) and, if applicable, payment of the Hosting Fee or Hosting Renewal Fee according to the terms of Section IV and Section VII of this Agreement, the Licensor hereby grants to the Licensee a non-transferable non-exclusive licence to use the Licensed Materials (including the right for the Authorised Users to use the Licensed Materials) for the purposes set out in and in accordance with this Agreement.
The Licensee shall not grant sub-licences, in whole or in part, of any of the rights granted under this Agreement, or sub-contract any aspects of exploitation of the rights licensed to it, without the Licensor's prior written consent. However, the Licensee may permit Authorised Users to use the Licensed Materials on the terms set out in this Agreement and on condition that such Authorised Users do not grant any further sub-licence.
"Authorised Users" are:
(1) Persons Affiliated with the Licensee: Full and part time students (including students enrolled in distance education programs offered or sponsored by the Licensee) and employees (including faculty, staff, alumni, affiliated researchers and independent contractors) of the Licensee who in all cases need access to the Licensed Materials for the purposes of their research, education or other non-commercial use. Any off-campus access shall be provided only for individuals authenticated as affiliated as members of the Licensee’s University, Institution or Organisation as defined as the Licensee herein; and
(2) Walk-ins: Patrons not affiliated with the Licensee who are physically present on the Licensee's premises.
The Licensee and Authorised Users may use the Licensed Materials for the purposes of research, education or other non-commercial use as set out below:
Downloads: The Licensee and Authorised Users may download, retain, store and use unlimited portions of the Licensed Materials.
Print Copy: The Licensee and Authorised Users may print a reasonable portion of the Licensed Materials.
Archival Copy. Upon request of the Licensee and not less than 60 days before the expiration date of the current term of this Agreement, the Licensee may request and receive from Licensor and/or create one (1) copy of the entire set of metadata from the Licensed Materials (including but not limited to PDF images, text files, XML, XML schema) to be maintained as an “Archival Copy” or as required to exercise the Licensee’s rights under Section IX, “Permanent Archival Access/Dark Archiving”, of this Agreement. The Licensee may use the metadata to develop its own locally-hosted version of the Licensed Materials on the condition that the use of that local copy continues to comply with this Agreement.
Data/Text Mining: Subject to all other provisions of this Agreement and save for the circumstances (as set out in section III of this Agreement) in which the Licensor’s prior written consent is required, the Licensee and the Authorised Users may use the Licensed Materials to perform and engage in text mining /data mining activities in relation to the Licensed Materials for legitimate academic research and other non-commercial educational purposes, without obtaining the Licensor’s prior written consent.
Dark Archiving: The Licensor uses the services of Portico (www.portico.org/digital-preservation) to enable Dark Archiving to be provided in respect of all of the Licensed Materials for the benefit of all Licensees and their Authorised Users. See Section IX.
Course Packs: The Licensee may permit Authorised Users who are members of the Licensee’s faculty or staff to download and print and use for teaching purposes copies of a reasonable portion of the Licensed Materials for the purpose of making a multi-source collection of information for classroom use (course-pack) to be distributed to students at the Licensee’s institution free of charge.
Electronic Reserve: The Licensee and Authorised Users may store in electronic format in secure electronic data files a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction offered by the Licensee and/or its parent institution. The Licensee and Authorised Users may store in electronic format in secure electronic data files all or any portion of the Licensed Materials for the sole purpose of automated extraction of data (data mining).
Scholarly Sharing: Authorised Users may transmit to a third party colleague in hard copy or electronically, minimal, insubstantial amounts (defined as no more than 5% [five percent] of the total collection of the Licensed Materials) of the Licensed Materials for personal use or scholarly, educational or scientific research but in no case for re-sale.
Re-publication: Authorised Users do not have the right to re-publish any items from the Licensed Materials, unless the Authorised User has first obtained copyright permission from the appropriate copyright holder or archive. Permission from the original source archive/copyright holder in the case of re-publication of figures, tables and brief excerpts from the Licensed Materials in the Authorised User’s own scientific, scholarly and educational works is always necessary and Authorised Users should also obtain correct wording for all citations and credits from the original source archive/copyholder.
Nothing in this Agreement is intended to limit in any way whatsoever the Licensee's or any Authorised User's rights under the fair dealing provisions set out in the Copyright Designs and Patents Act 1988 (as may be re-enacted or modified) or if such acts take place outside the UK, in accordance with any equivalent legislation applicable in that territory (for example under the US Copyright Act of 1976, 17 U.S.C. § 107).
III. Specific Restrictions on Use of and automated extraction of data from Licensed Materials
Unauthorised Use: The Licensee shall not knowingly permit anyone other than Authorised Users to use the Licensed Materials and the Licensed Materials shall not be distributed to any unauthorised users, third parties, or used for any purpose which is not permitted pursuant to this Agreement (including without limitation any commercial purpose or commercially sponsored research).
Modification of Licensed Materials: The Licensee shall not modify, change or develop the Licensed Materials in any way or create a derivative work of the Licensed Materials without the prior written permission of Licensor.
Removal of Copyright Notice: The Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials.
Commercial Purposes: The Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials or bulk reproduction or distribution of the Licensed Materials in any form.
Data Mining: In order to protect the integrity of server performance for the Licensee’s customers, automated extraction of data directly from the Licensed Materials online (for example only, by the use of data mining software) is only permitted subject to obtaining the Licensor’s prior written consent, via completed form outlined in Appendix A, and if such automatic extraction of data does not affect the performance of the Licensor’s servers. In the event that the Licensor’s servers are negatively impacted, the Licensor reserves the right to decline and prevent access to the Licensed Materials to stop any disruption to the Licensor’s business.
On submission to the Licensor of completed form outlined in Appendix A, an offline copy of data from the Licensed Materials for Data/Text Mining purposes can be made available to be securely hosted locally and accessed by Authorised Users. Local hosting for each Data/ Text Mining purpose must not exceed five years unless further written consent is provided by Licensor; after which agreed period the data must be returned or confirmed as destroyed within 15 days.
Licensor and copyright holder of Licensed Materials must be acknowledged in published text analysis research results derived from the Licensed Materials.