Common use of Access and Security Clause in Contracts

Access and Security. 3.1 If the Publisher is hosting the Publications: 3.1.1 in order to provide access to Journals, the Publisher shall provide the Customer with a customer to the Journals; and 3.1.2 in order to provide access to Online Products, the Customer shall provide, in the manner requested by the Publisher (which may include entering information in an online registration system), with the information needed to activate and maintain access to the Online Products, including prompt reporting of any additions, deletions or other alterations to the information supplied. Delay in provision of such information will not affect the commencement date of these Customer Terms and Conditions, nor the Publication Term of any Publication. 3.2 The Customer will obtain and maintain during the term of these Customer Terms and Conditions at its cost all telecommunications and other equipment and software (including relevant licenses) needed to access the Publications online via the Customer's Secure Network. 3.3 The Customer shall maintain appropriate and reasonable policies, procedures and technical and organizational measures to ensure that the Publications and Password(s) are at all times used within the scope of the rights granted to the Customer and its Authorised Users in these Customer Terms and Conditions. In particular the Customer shall notify all Authorised Users that the Publications are protected by copyright and the Authorised Users' access to and use of the Publications is subject to the restrictions and obligations contained in these Customer Terms and Conditions. 3.3.1 The Customer shall notify the Publisher immediately upon becoming aware of any of the following: (a) any loss, theft, or unauthorised use of any Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇; (b) any breach of the Secure Network that could compromise the security or integrity of the Publications or Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇; or (c) any breach by an Authorised User of these Customer Terms and Conditions by email to the following address: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ and formal notice to the Group Legal Director. 3.4 The obligations in this Clause 3 are designed to protect the security and authorised use of the Publications. The Publisher is reliant on the Customer fulfilling its obligations under these Customer Terms and Conditions in order to accomplish this goal and, accordingly, upon the Publisher the Customer shall terminate access to the Publications by any Authorised User whose actions or omissions contravene these Customer Terms and Conditions. thereof (in addition to any other available remedies) 3.5 any portion if: 3.5.1 the Publisher reasonably believes that any portion of the Publications is being accessed or used otherwise than in accordance with these Customer Terms and Conditions (including, without limitation, in breach of this Clause 3 or Clause 2.3); provided that the Publisher will restore access when the matter has been resolved to the Publisher's reasonable satisfaction; or 3.5.2 the Customer commits a material breach of these Customer Terms and Conditions. 3.6 The Customer shall not be liable for any breach of these Customer Terms and Conditions by any Authorised User, provided that: 3.6.1 The Customer did not knowingly cause or assist the breach, or condone the continuation of the breach after becoming aware thereof; and 3.6.2 The Customer has complied with all its obligations under these Customer Terms and Conditions, including but not limited to the Access and Security provisions in this Clause 3.

Appears in 1 contract

Sources: Consortium Read and Publish Agreement

Access and Security. 3.1 If the Publisher is hosting the Publications: 3.1.1 in order to provide access to Journals, the Publisher shall provide the Customer with a customer number as necessary to enable the Customer to set up and activate the Customer’s online access to the Journals; and 3.1.2 in order to provide access to Online Products, the Customer shall provide, in the manner requested by the Publisher (which may include entering information in an online registration system), with the information needed to activate and maintain access to the Online Products, including prompt reporting of any additions, deletions or other alterations to the information supplied. Delay in provision of such information will not affect the commencement date of these Customer Terms and Conditionsthis Agreement, nor the Publication Term of any Publication. 3.2 The Customer will obtain and maintain during the term of these Customer Terms and Conditions this Agreement at its cost all telecommunications and other equipment and software (including relevant licenses) needed to access the Publications online via the Customer's Secure Network. 3.3 The Customer shall maintain appropriate and reasonable policies, procedures and technical and organizational measures to ensure that the Publications and Password(s) are at all times used within the scope of the rights granted to the Customer and its Authorised Users in these Customer Terms and Conditionsthis Agreement. In particular the Customer shall notify all Authorised Users that the Publications are protected by copyright and the Authorised Users' access to and use of the Publications is subject to the restrictions and obligations contained in these Customer Terms and Conditions. 3.3.1 this Agreement. The Customer shall notify the Publisher immediately upon becoming aware of any of the following: (a) any loss, theft, or unauthorised use of any Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); (b) any breach of the Secure Secured Network that could compromise the security or integrity of the Publications or Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); or (c) any breach by an Authorised User of these Customer Terms and Conditions by email to the following address: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ and formal notice to the Group Legal Directorterms of this Agreement. 3.4 The obligations in this Clause 3 are designed to protect the security and authorised use of the Publications. The Publisher is reliant on the Customer fulfilling its obligations under these Customer Terms and Conditions this Agreement in order to accomplish this goal and, accordingly, upon the Publisher Publisher’s request, the Customer shall terminate access to the Publications by any Authorised User whose actions or omissions contravene these Customer Terms and Conditions. the terms of this Agreement. 3.5 The Publisher reserves the right to terminate or suspend the Customer’s access to the Publications or any portion thereof (in addition to any other available remedies) 3.5 any portion ) if: 3.5.1 the Publisher reasonably believes that any portion of the Publications is being accessed or used otherwise than in accordance with these Customer Terms and Conditions this Agreement (including, without limitation, in breach of this Clause 3 or Clause 2.32.3.2); provided that the Publisher will restore access when the matter has been resolved to the Publisher's reasonable satisfaction; or 3.5.2 the Customer commits a material breach of these Customer Terms and Conditionsthis Agreement. 3.6 The Customer shall not be liable for any breach of these Customer Terms and Conditions by any Authorised User, provided that: 3.6.1 The Customer did not knowingly cause or assist the breach, or condone the continuation of the breach after becoming aware thereof; and 3.6.2 The Customer has complied with all its obligations under these Customer Terms and Conditions, including but not limited to the Access and Security provisions in this Clause 3.

Appears in 1 contract

Sources: Subscription and Perpetual Access Agreement

Access and Security. 3.1 If the Publisher is hosting the Publications: 3.1.1 in order to provide access to JournalsPublications, the Publisher shall provide the Customer Member with a customer number as necessary to enable the Member to set up and activate the Member’s online access to the JournalsPublications; and 3.1.2 in order to provide access to Online Products, the Customer Consortium Representative shall provide, in the manner requested by the Publisher (which may include entering information in an online registration system), with the information needed to activate and maintain access to the Online Products, including prompt reporting of any additions, deletions or other alterations to the information supplied. Delay in provision of such information will not affect the commencement date of these Customer Member Terms and Conditions, nor the Publication Term of any Publication. 3.2 The Customer Member will obtain and maintain during the term of these Customer Member Terms and Conditions at its cost all telecommunications and other equipment and software (including relevant licenses) needed to access the Publications online via the Customer's Member’s Secure Network. 3.3 The Customer Member shall maintain appropriate and reasonable policies, procedures and technical and organizational measures to ensure that the Publications and Password(s) are at all times used within the scope of the rights granted to the Customer Member and its Authorised Users in these Customer Member Terms and Conditions. In particular the Customer Member shall notify all Authorised Users that the Publications are protected by copyright and the Authorised Users' access to and use of the Publications is subject to the restrictions and obligations contained in these Customer Member Terms and Conditions. 3.3.1 . The Customer Member shall notify the Publisher immediately upon becoming aware of any of the following: (a) any loss, theft, or unauthorised use of any Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); (b) any breach of the Secure Secured Network that could compromise the security or integrity of the Publications or Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); or (c) any breach by an Authorised User of these Customer Member Terms and Conditions by email to the following address: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ and formal notice to the Group Legal DirectorConditions. 3.4 The obligations in this Clause 3 are designed to protect the security and authorised use of the Publications. The Publisher is reliant on the Customer Member fulfilling its obligations under these Customer Member Terms and Conditions in order to accomplish this goal and, accordingly, upon the Publisher Publisher’s request, the Customer Member shall terminate access to the Publications by any Authorised User whose actions or omissions contravene these Customer Member Terms and Conditions. . 3.5 The Publisher reserves the right to terminate or suspend the Member’s access to the Publications or any portion thereof (in addition to any other available remedies) 3.5 any portion ) if: 3.5.1 the Publisher reasonably believes that any portion of the Publications is being accessed or used otherwise than in accordance with these Customer Member Terms and Conditions (including, without limitation, in breach of this Clause 3 or Clause 2.32.4.3); provided that the Publisher will restore access when the matter has been resolved to the Publisher's reasonable satisfaction; or 3.5.2 4.1 If the Customer commits a material breach of these Customer Terms and Conditions. 3.6 The Customer Publisher is hosting the Publications, the Publisher shall not be liable for any breach of these Customer Terms and Conditions by any Authorised User, provided thatuse all reasonable efforts: 3.6.1 The Customer did not knowingly cause 4.1.1 to make each Publication available online to the Member throughout that Publication’s Publication Term; 4.1.2 to ensure that the Server has sufficient capacity and rate of connectivity to provide the Member with a quality of service consistent with current industry standards for publishers publishing materials online; 4.1.3 to restore the Member’s access to the Publications as soon as possible in the event of an interruption or assist the breach, or condone the continuation suspension of the breach after becoming aware thereofservice; and 3.6.2 The Customer has complied with all its obligations under these Customer Terms 4.1.4 to provide, or arrange for a third party to provide, customer support services to Authorised Users. 4.2 To the extent the following monthly usage reports are made available by the party hosting the Publication(s) on behalf of the Publisher (for clarity, this excludes any Publications self-hosted by the Member) and Conditions, including but not limited subject to the Access last sentence of this Clause, the Publisher will make available to the Member monthly usage reports throughout the Publication Term for each Publication, detailing the level of use of each Publication by the Member’s Authorised Users per month. The Publisher shall use reasonable efforts to ensure that such usage reports are compliant with the most recent release of the COUNTER Code of Practice for Journals and Security provisions in this Clause 3Databases (available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/code_practice.html). The Member acknowledges that the Publisher will not be able to provide accurate usage reports if the Member stores the Publication(s) on any cache or proxy server, or accesses the Publications through an agent gateway.

Appears in 1 contract

Sources: Consortium Subscription Access Agreement

Access and Security. 3.1 If the Publisher is hosting the Publications: 3.1.1 in order to provide access to Journals, the Publisher shall provide the Customer with a customer number as necessary to enable the Customer to set up and activate the Customer’s online access to the Journals; and 3.1.2 in order to provide access to Online Products, the Customer shall provide, in the manner requested by the Publisher (which may include entering information in an online registration system), with the information needed to activate and maintain access to the Online Products, including prompt reporting of any additions, deletions or other alterations to the information supplied. Delay in provision of such information will not affect the commencement date of these Customer Terms and Conditionsthis Agreement, nor the Publication Term of any Publication. 3.2 The Customer will obtain and maintain during the term of these Customer Terms and Conditions this Agreement at its cost all telecommunications and other equipment and software (including relevant licenses) needed to access the Publications online via the Customer's Secure Network. 3.3 The Customer shall maintain appropriate and reasonable policies, procedures and technical and organizational measures to ensure that the Publications and Password(s) are at all times used within the scope of the rights granted to the Customer and its Authorised Users in these Customer Terms and Conditionsthis Agreement. In particular the Customer shall notify all Authorised Users that the Publications are protected by copyright and the Authorised Users' access to and use of the Publications is subject to the restrictions and obligations contained in these Customer Terms and Conditions. 3.3.1 this Agreement. The Customer shall notify the Publisher immediately upon becoming aware of any of the following: (a) any loss, theft, or unauthorised use of any Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); (b) any breach of the Secure Secured Network that could compromise the security or integrity of the Publications or Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); or (c) any breach by an Authorised User of these Customer Terms and Conditions by email to the following address: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ and formal notice to the Group Legal Directorterms of this Agreement. 3.4 The obligations in this Clause 3 are designed to protect the security and authorised use of the Publications. The Publisher is reliant on the Customer fulfilling its obligations under these Customer Terms and Conditions this Agreement in order to accomplish this goal and, accordingly, upon the Publisher Publisher’s request, the Customer shall terminate access to the Publications by any Authorised User whose actions or omissions contravene these Customer Terms and Conditions. the terms of this Agreement. 3.5 The Publisher reserves the right to terminate or suspend the Customer’s access to the Publications or any portion thereof (in addition to any other available remedies) 3.5 any portion ) if: 3.5.1 the Publisher reasonably believes that any portion of the Publications is being accessed or used otherwise than in accordance with these Customer Terms and Conditions this Agreement (including, without limitation, in breach of this Clause 3 or Clause 2.32.3.3); provided that the Publisher will restore access when the matter has been resolved to the Publisher's reasonable satisfaction; or 3.5.2 the Customer commits a material breach of these Customer Terms and Conditionsthis Agreement. 3.6 The Customer shall not be liable for any breach of these Customer Terms and Conditions by any Authorised User, provided that: 3.6.1 The Customer did not knowingly cause or assist the breach, or condone the continuation of the breach after becoming aware thereof; and 3.6.2 The Customer has complied with all its obligations under these Customer Terms and Conditions, including but not limited to the Access and Security provisions in this Clause 3.

Appears in 1 contract

Sources: Subscription and Perpetual Access Agreement

Access and Security. 3.1 If the Publisher is hosting the Publications: 3.1.1 in order to provide access to JournalsPublications, the Publisher shall provide the Customer Member with a customer number as necessary to enable the Member to set up and activate the Member’s online access to the JournalsPublications; and 3.1.2 in order to provide access to Online Products, the Customer Consortium Representative shall provide, in the manner requested by the Publisher (which may include entering information in an online registration system), with the information needed to activate and maintain access to the Online Products, including prompt reporting of any additions, deletions or other alterations to the information supplied. Delay in provision of such information will not affect the commencement date of these Customer Member Terms and Conditions, nor the Publication Term of any Publication. 3.2 The Customer Member will obtain and maintain during the term of these Customer Member Terms and Conditions at its cost all telecommunications and other equipment and software (including relevant licenses) needed to access the Publications online via the Customer's Member’s Secure Network. 3.3 The Customer Member shall maintain appropriate and reasonable policies, procedures and technical and organizational measures to ensure that the Publications and Password(s) are at all times used within the scope of the rights granted to the Customer Member and its Authorised Users in these Customer Member Terms and Conditions. In particular the Customer Member shall notify all Authorised Users that the Publications are protected by copyright and the Authorised Users' access to and use of the Publications is subject to the restrictions and obligations contained in these Customer Member Terms and Conditions. 3.3.1 . The Customer Member shall notify the Publisher immediately upon becoming aware of any of the following: (a) any loss, theft, or unauthorised use of any Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); (b) any breach of the Secure Secured Network that could compromise the security or integrity of the Publications or Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); or (c) any breach by an Authorised User of these Customer Member Terms and Conditions by email to the following address: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ and formal notice to the Group Legal DirectorConditions. 3.4 The obligations in this Clause 3 are designed to protect the security and authorised use of the Publications. The Publisher is reliant on the Customer Member fulfilling its obligations under these Customer Member Terms and Conditions in order to accomplish this goal and, accordingly, upon the Publisher Publisher’s request, the Customer Member shall terminate access to the Publications by any Authorised User whose actions or omissions contravene these Customer Member Terms and Conditions. . 3.5 The Publisher reserves the right to terminate or suspend the Member’s access to the Publications or any portion thereof (in addition to any other available remedies) 3.5 any portion ) if: 3.5.1 the Publisher reasonably believes that any portion of the Publications is being accessed or used otherwise than in accordance with these Customer Member Terms and Conditions (including, without limitation, in breach of this Clause 3 or Clause 2.32.4.3); provided that the Publisher will restore access when the matter has been resolved to the Publisher's reasonable satisfaction; or 3.5.2 the Customer Member commits a material breach of these Customer Member Terms and Conditions. 3.6 The Customer 4.1 If the Publisher is hosting the Publications, the Publisher shall not be liable for any breach of these Customer Terms and Conditions by any Authorised User, provided thatuse all reasonable efforts: 3.6.1 The Customer did not knowingly cause 4.1.1 to make each Publication available online to the Member throughout that Publication’s Publication Term; 4.1.2 to ensure that the Server has sufficient capacity and rate of connectivity to provide the Member with a quality of service consistent with current industry standards for publishers publishing materials online; 4.1.3 to restore the Member’s access to the Publications as soon as possible in the event of an interruption or assist the breach, or condone the continuation suspension of the breach after becoming aware thereofservice; and 3.6.2 The Customer has complied with all its obligations under these Customer Terms 4.1.4 to provide, or arrange for a third party to provide, customer support services to Authorised Users. 4.2 To the extent the following monthly usage reports are made available by the party hosting the Publication(s) on behalf of the Publisher (for clarity, this excludes any Publications self-hosted by the Member) and Conditions, including but not limited subject to the Access last sentence of this Clause, the Publisher will make available to the Member monthly usage reports throughout the Publication Term for each Publication, detailing the level of use of each Publication by the Member’s Authorised Users per month. The Publisher shall use reasonable efforts to ensure that such usage reports are compliant with the most recent release of the COUNTER Code of Practice for Journals and Security provisions in this Clause 3Databases (available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/code_practice.html). The Member acknowledges that the Publisher will not be able to provide accurate usage reports if the Member stores the Publication(s) on any cache or proxy server, or accesses the Publications through an agent gateway.

Appears in 1 contract

Sources: Consortium Subscription Access Agreement

Access and Security. 3.1 If the Publisher is hosting the Publications: 3.1.1 in order to provide access to Journals, the Publisher shall provide the Customer with a customer number as necessary to enable the Customer to set up and activate the Customer’s online access to the Journals; and 3.1.2 in order to provide access to Online Products, the Customer shall provide, in the manner requested by the Publisher (which may include entering information in an online registration system), with the information needed to activate and maintain access to the Online Products, including prompt reporting of any additions, deletions or other alterations to the information supplied. Delay in provision of such information will not affect the commencement date of these Customer Terms and Conditionsthis Agreement, nor the Publication Term of any Publication. 3.2 The Customer will obtain and maintain during the term of these Customer Terms and Conditions this Agreement at its cost all telecommunications and other equipment and software (including relevant licenses) needed to access the Publications online via the Customer's Secure Network. 3.3 The Customer shall maintain appropriate and reasonable policies, procedures and technical and organizational measures to ensure that the Publications and Password(s) are at all times used within the scope of the rights granted to the Customer and its Authorised Users in these Customer Terms and Conditionsthis Agreement. In particular the Customer shall notify all Authorised Users that the Publications are protected by copyright and the Authorised Users' access to and use of the Publications is subject to the restrictions and obligations contained in these Customer Terms and Conditions. 3.3.1 this Agreement. The Customer shall notify the Publisher immediately upon becoming aware of any of the following: (a) any loss, theft, or unauthorised use of any Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); (b) any breach of the Secure Secured Network that could compromise the security or integrity of the Publications or Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); or (c) any breach by an Authorised User of these Customer Terms and Conditions by email to the following address: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ and formal notice to the Group Legal Directorterms of this Agreement. 3.4 The obligations in this Clause 3 are designed to protect the security and authorised use of the Publications. The Publisher is reliant on the Customer fulfilling its obligations under these Customer Terms and Conditions this Agreement in order to accomplish this goal and, accordingly, upon the Publisher Publisher’s request, the Customer shall terminate access to the Publications by any Authorised User whose actions or omissions contravene these Customer Terms and Conditions. the terms of this Agreement. 3.5 The Publisher reserves the right to terminate or suspend the Customer’s access to the Publications or any portion thereof (in addition to any other available remedies) 3.5 any portion ) if: 3.5.1 the Publisher reasonably believes that any portion of the Publications is being accessed or used otherwise than in accordance with these Customer Terms and Conditions this Agreement (including, without limitation, in breach of this Clause 3 or Clause 2.32.3.3); provided that the Publisher will restore access when the matter has been resolved to the Publisher's reasonable satisfaction; or 3.5.2 the Customer commits a material breach of these Customer Terms and Conditionsthis Agreement. 3.6 The Customer shall not be liable for any breach of these Customer Terms and Conditions by any Authorised User, provided that: 3.6.1 The Customer did not knowingly cause or assist the breach, or condone the continuation of the breach after becoming aware thereof; and 3.6.2 The Customer has complied with all its obligations under these Customer Terms and Conditions, including but not limited to the Access and Security provisions in this Clause 3.

Appears in 1 contract

Sources: Consortium Subscription and Perpetual Access Agreement

Access and Security. 3.1 If The Customer will provide through the Consortium acting on its behalf a list of valid IP addresses to the Publisher is hosting necessary to enable the Publisher to set up and activate the Customer's subscription to the Publications: 3.1.1 in order to provide access to Journals, and update those lists as and when any IP addresses are updated. For avoidance of doubt, the IP addresses and any updates to them will be provided directly from the Consortium to the Publisher shall provide and neither the Customer with a customer nor the Consortium will be required to use the Journals; and 3.1.2 in order to provide access to Online Products, the Customer shall provide, in the manner requested by the Publisher (which may include entering information in an online registration system), with the information needed to activate and maintain access to the Online Products, including prompt reporting services of any additions, deletions or other alterations third party to the information supplied. Delay in provision of such information will not affect the commencement date of these Customer Terms and Conditions, nor the Publication Term of any Publicationdo this. 3.2 The Customer will obtain and maintain during the term of these Customer Terms and Conditions at its cost all telecommunications and other equipment and software (including relevant licenses) needed to access the Publications online via the Customer's Secure Network. 3.3 The Customer shall maintain appropriate and shall: 3.3.1 use reasonable policies, procedures and technical and organizational measures efforts to ensure that only Authorised Users are permitted access to the Publications and Password(s) are at all times used within the scope by means of the rights granted Customer's Secure Network; and 3.3.2 use reasonable efforts to the Customer and its notify Authorised Users in these Customer Terms and Conditions. In particular the Customer shall notify all Authorised Users that the Publications are protected by copyright and the Authorised Users' access to and use of the Publications is subject to the restrictions permitted and obligations contained in these Customer Terms and Conditions.prohibited uses 3.3.1 3.4 The Customer shall will notify the Publisher immediately upon becoming as soon as practicable if it becomes aware of any of the following: : (a) any loss, theft, or unauthorised use of any of the Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); and (b) any breach of the Secure Network that could compromise the security or integrity of the Publications or Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇; or (c) any breach by an Authorised User of these the terms of this Agreement (and the circumstances surrounding any unauthorised use or breach shall be included in such notification); and (c) on becoming aware of any claim by any third party that the Publications infringes an intellectual property or proprietary right of any third party. 3.5 Upon becoming aware of any breach of the terms of this Agreement by an Authorised User, the Customer Terms and Conditions by email shall promptly initiate disciplinary procedures in accordance with the Customer's standard practice. 3.6 The Publisher reserves the right to suspend access to the following address: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ Publications and/or the OA Account in the event of late payment of the Charges by the National Library and formal the National Library fails to pay the same within 30 (thirty) days of being given written notice to do so by the Group Legal Director. 3.4 Publisher. The obligations Publisher reserves the right to suspend access to the Publications in this Clause 3 are designed to protect the security and authorised event of any unauthorised use of the Publications. The Publisher As far as is reliant on the Customer fulfilling its obligations under these Customer Terms and Conditions in order to accomplish this goal andreasonably possible, accordingly, upon the Publisher shall exercise the Customer shall terminate access right to suspend in a manner that is appropriate to the Publications by any Authorised User whose actions or omissions contravene these Customer Terms unauthorised use, and Conditions. thereof (in addition to any other available remedies) 3.5 any portion if: 3.5.1 the Publisher reasonably believes that any portion of the Publications is being accessed or used otherwise than in accordance with these Customer Terms and Conditions (including, without limitation, in breach of this Clause 3 or Clause 2.3); provided that the Publisher will restore access when the matter has been resolved aim to limit suspension to the Publisher's reasonable satisfaction; or 3.5.2 offending ip-address where this is reasonably and practically possible. For the avoidance of doubt any such denial of access will not entitle the Customer commits a material breach to any rebate of these Customer Terms and ConditionsCharges. 3.6 3.7 The Customer shall not be held liable for any breach of these Customer Terms and Conditions this Agreement by any an Authorised User, User provided that: 3.6.1 The that the Customer did not cause, knowingly cause or assist the breachassist, or condone the continuation of the such breach after becoming aware thereof; andof an actual breach having occurred. 3.6.2 The 3.8 For the avoidance of doubt, each Customer has complied with all will only be liable for its obligations under these Customer Terms and Conditions, including but not limited to the Access and Security provisions in this Clause 3own actions and/or defaults.

Appears in 1 contract

Sources: Consortium Read and Publish Agreement

Access and Security. 3.1 2.1 If the Publisher is hosting the Publications: 3.1.1 2.1.1 in order to provide access to Journals, the Publisher shall provide the Customer with a customer number as necessary to enable the Customer to set up and activate the Customer’s online access to the Journals; and 3.1.2 2.1.2 in order to provide access to Online Products, the Customer shall provide, in the manner requested by the Publisher (which may include entering information in an online registration system), with the information needed to activate and maintain access to the Online Products, including prompt reporting of any additions, deletions or other alterations to the information supplied. Delay in provision of such information will not affect the commencement date of these Customer Terms and Conditions, nor the Publication Term of any Publicationthis Agreement. 3.2 2.2 Once Customer’s access is activated as set forth in Clause 2.1, the Publisher shall make the Publications available to Customers and their Authorised Users through IP authentication. 2.3 The Customer will obtain and maintain during the term of these Customer Terms and Conditions Term at its cost all telecommunications and other equipment and software (including relevant licenseslicences) needed to access the Publications online via the Customer's Secure Network. 3.3 2.4 The Customer shall maintain appropriate and reasonable policies, procedures and technical and organizational measures to ensure that the Publications and Password(s) are at all times used within the scope of the rights granted to the Customer and its Authorised Users in these Customer Terms and Conditionsthis Agreement. In particular the Customer shall take appropriate reasonable steps to notify all Authorised Users that the Publications are protected by copyright and the Authorised Users' access to and use of the Publications is subject to the restrictions and obligations contained in these Customer Terms and Conditionsthis Agreement. 3.3.1 2.5 The Customer shall notify the Publisher immediately upon becoming aware of any of the following: (ai) any loss, theft, or unauthorised use of any Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); (bii) any breach of the Secure Secured Network that could compromise the security or integrity of the Publications or Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); or (ciii) any breach by an Authorised User of these Customer Terms and Conditions by email to the following address: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ and formal notice to the Group Legal Directorterms of this Agreement. 3.4 2.6 The obligations in this Clause 3 2 are designed to protect the security and authorised use of the Publications. The Publisher is reliant on the Customer fulfilling its obligations under these Customer Terms and Conditions this Agreement in order to accomplish this goal and, accordingly, upon the Publisher Publisher’s request, the Customer shall terminate access to the Publications by any Authorised User whose actions or omissions contravene these Customer Terms and Conditions. the terms of this Agreement. 2.7 The Publisher reserves the right to terminate or suspend the Customer’s access to the Publications or any portion thereof (in addition to any other available remedies) 3.5 any portion ) if: 3.5.1 the Publisher reasonably believes that 2.7.1 any portion of the Publications is being accessed or used otherwise than in accordance with these Customer Terms and Conditions this Agreement (including, without limitation, in breach of this Clause 3 2 or Clause 2.31.3.2); provided that the Publisher will restore access when the matter has been resolved to the Publisher's reasonable satisfactionresolved; or 3.5.2 2.7.2 the Customer commits a material breach of these this Agreement. For sake of clarity, any access suspension or termination in accordance with this Clause 2.7 will only affect the individual Customer Terms concerned, and Conditions.not all Customers named in Schedule B. 3.6 The Customer 2.8 Notwithstanding the foregoing, nothing in this Agreement shall not be make the Customers liable for any breach of these Customer Terms and Conditions the terms of the Agreement by any Authorised User, User provided that: 3.6.1 The Customer that the Customers: (i) did not cause, knowingly cause or assist the breach, or condone the continuation of the such breach after becoming aware thereofof an actual breach having occurred; and 3.6.2 The Customer has and (ii) have complied with all its obligations under these Customer Terms the terms and Conditions, including but not limited to the Access and Security provisions in conditions of this Clause 3Agreement.

Appears in 1 contract

Sources: Online Products, Journals and Open Access Agreement

Access and Security. 3.1 If the Publisher is hosting the Publications: 3.1.1 in order to provide access to Journals, the Publisher shall provide the Customer with a customer number as necessary to enable the Customer to set up and activate the Customer’s online access to the Journals; and 3.1.2 in order to provide access to Online Products, the Customer shall provide, in the manner requested by the Publisher (which may include entering information in an online registration system), with the information needed to activate and maintain access to the Online Products, including prompt reporting of any additions, deletions or other alterations to the information supplied. Delay in provision of such information will not affect the commencement date of these Customer Terms and Conditionsthis Agreement, nor the Publication Term of any Publication. 3.2 The Customer will obtain and maintain during the term of these Customer Terms and Conditions this Agreement at its cost all telecommunications and other equipment and software (including relevant licenses) needed to access the Publications online via the Customer's Secure Network. 3.3 The Customer shall maintain appropriate and reasonable policies, procedures and technical and organizational measures to ensure that the Publications and Password(s) are at all times used within the scope of the rights granted to the Customer and its Authorised Authorized Users in these Customer Terms and Conditionsthis Agreement. In particular the Customer shall notify all Authorised Authorized Users that the Publications are protected by copyright and the Authorised Authorized Users' access to and use of the Publications is subject to the restrictions and obligations contained in these Customer Terms and Conditions. 3.3.1 this Agreement. The Customer shall notify the Publisher immediately upon becoming aware of any of the following: (a) any loss, theft, or unauthorised unauthorized use of any Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); (b) any breach of the Secure Secured Network that could compromise the security or integrity of the Publications or Password(s) by email to the following address: ▇▇▇▇▇▇▇@▇▇▇.▇▇▇); or (c) any breach by an Authorised Authorized User of these Customer Terms and Conditions by email to the following address: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ and formal notice to the Group Legal Directorterms of this Agreement. 3.4 The obligations in this Clause 3 are designed to protect the security and authorised authorized use of the Publications. The Publisher is reliant on the Customer fulfilling its obligations under these Customer Terms and Conditions this Agreement in order to accomplish this goal and, accordingly, upon the Publisher Publisher’s request, the Customer shall terminate access to the Publications by any Authorised Authorized User whose actions or omissions contravene these Customer Terms and Conditions. the terms of this Agreement. 3.5 The Publisher reserves the right to terminate or suspend the Customer’s access to the Publications or any portion thereof (in addition to any other available remedies) 3.5 any portion ) if: 3.5.1 the Publisher reasonably believes that any portion of the Publications is being accessed or used otherwise than in accordance with these Customer Terms and Conditions this Agreement (including, without limitation, in breach of this Clause 3 or Clause 2.32.5.2); provided that the Publisher will restore access when the matter has been resolved to the Publisher's reasonable satisfaction; or 3.5.2 the Customer commits a material breach of these Customer Terms and Conditionsthis Agreement. 3.6 The Customer shall not be liable for any breach of these Customer Terms and Conditions by any Authorised User, provided that: 3.6.1 The Customer did not knowingly cause or assist the breach, or condone the continuation of the breach after becoming aware thereof; and 3.6.2 The Customer has complied with all its obligations under these Customer Terms and Conditions, including but not limited to the Access and Security provisions in this Clause 3.

Appears in 1 contract

Sources: Subscription and Perpetual Access Agreement