Common use of PERPETUAL ACCESS AND USE Clause in Contracts

PERPETUAL ACCESS AND USE. Providing that full payment of the total purchase price is made, per Section 2, a Participating Institution retains the right to Perpetual Access to the digital version of the purchased ebooks on Licensor’s server. [Negotiable] So long as the Participating Institution has purchased access to an ebook collection within the previous 24-month period, Perpetual Access to previously purchased ebooks will be made available on Licensor’s server at no charge. Should a Participating Institution not have purchased any further ebook collections in the previous 24-month period, Licensor reserves the right to charge a reasonable annual fee to that Participating Institution to recover the costs for providing continuing access and customer support on Licensor’s platform. Participating Institutions may participate in the archiving of one complete copy of the Licensed Material, and to use such archived Licensed Material in the event Licensor discontinues or suspends selling or licensing the Licensed Material. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. Licensed Material may be made available to any Participating Institutions who indicate a right to those Licensed Material. Licensor acknowledges that Licensee and Participating Institutions may engage the services of third- party trusted archives and/or participate in collaborative archiving endeavors (Portico, CLOCKSS, LOCKSS, or Scholars Portal) to exercise Licensee and Participating Institutions’ rights under this Agreement. Licensee and Participating Institutions agree to cooperate with such archiving entities and/or initiatives as reasonably necessary to make the Licensed Material available for archiving purposes. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The parties have executed this exhibit by their respective, duly authorized representatives on the dates written below. Name: Position / Title: Signature: Date: FOR THE LICENSEE AND PARTICIPATING INSTITUTIONS: [Full Name] Name: Position / Title: Signature: Date: This Exhibit B is dated to the Agreement dated between [name of Licensor] and Licensee and the Participating Institutions of the Ontario College Library Service, as listed below. Licensor hereby grants to Licensee and Participating Institutions on its own behalf, and on behalf of the Participating Institutions, a Licence pursuant to the terms of this Agreement and this exhibit.

PERPETUAL ACCESS AND USE. Providing that full payment of the total purchase price is made, per Section 2, a Participating Institution Member retains the right to Perpetual Access perpetual access to the digital version of the purchased ebooks on the Licensor’s server. [Negotiable] So long as the Participating Institution Member has purchased access to an ebook collection eBook Collection within the previous 24-month period, Perpetual Access perpetual access to previously purchased ebooks will be made available on the Licensor’s server at no charge. Should a Participating Institution Member not have purchased any further ebook collections eBook Collections in the previous 24-month period, Licensor reserves the right to charge a reasonable annual fee to that Participating Institution Member to recover the costs for providing continuing access and customer support on the Licensor’s platform. Participating Institutions Members may participate in the archiving of one complete copy of the Licensed MaterialMaterials, and to use such archived Licensed Material Materials in the event the Licensor discontinues or suspends selling or licensing the Licensed MaterialMaterials. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. Licensed Material Materials may be made available to any Participating Institutions [CONSORTIUM] participants who indicate a right to those Licensed MaterialMaterials. Licensor acknowledges that Licensee and Participating Institutions may engage the services of third- third-party trusted archives and/or participate in collaborative archiving endeavors (Portico, CLOCKSS, LOCKSS, or Scholars Portal) to exercise Licensee and Participating Institutions’ Licensee’s rights under this Agreement. Licensee and Participating Institutions agree agrees to cooperate with such archiving entities and/or initiatives as reasonably necessary to make the Licensed Material Materials available for archiving purposes. Such Licensee may perpetually use shall be in accordance the third-party trusted system to access or store the Licensed Materials, so long as Licensee's use is otherwise consistent with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The parties Consortium or Member may participate in networks with other Libraries or Consortia for the purposes of ensuring preservation (e.g., LOCKSS networks), but not for providing access to other members of such networks not included in this Agreement. The Parties have executed this exhibit Exhibit by their respective, duly authorized representatives on the dates written below. Name: Position / Title: Signature: Date: FOR THE LICENSEE AND PARTICIPATING INSTITUTIONS: [Full Name] Name: Position / Title: Signature: Date: This Exhibit B is dated to the Agreement dated between [name of Licensor] and Licensee and the Participating Institutions of the Ontario College Library Service, as listed below. LICENSOR FOR BC ELN Name Name Title Title Signature Signature Date Date Licensor hereby grants to Licensee and Participating Institutions the Consortium on its own behalf, and on behalf of the Participating InstitutionsMembers, a Licence License pursuant to the terms of this the Agreement and this exhibitExhibit.

PERPETUAL ACCESS AND USE. Providing that full payment of the total purchase price is made, per Section 2, a Participating Member Institution retains the right to Perpetual Access perpetual access to the digital version of the purchased ebooks on the Licensor’s server. [Negotiable] So long as the Participating Member Institution has purchased access to an ebook collection eBook Collection within the previous 24-month period, Perpetual Access perpetual access to previously purchased ebooks will be made available on the Licensor’s server at no charge. Should a Participating Member Institution not have purchased any further ebook collections eBook Collections in the previous 24-month period, Licensor reserves the right to charge a reasonable annual fee to that Participating Member Institution to recover the costs for providing continuing access and customer support on the Licensor’s platform. Participating Member Institutions may participate in the archiving of one complete copy of the Licensed MaterialMaterials, and to use such archived Licensed Material Materials in the event the Licensor discontinues or suspends selling or licensing the Licensed MaterialMaterials. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. Licensed Material Materials may be made available to any Participating Member Institutions who indicate a right to those Licensed MaterialMaterials. Licensor acknowledges that Licensee and Participating Member Institutions may engage the services of third- third-party trusted archives and/or participate in collaborative archiving endeavors (Porticosuch asPortico, CLOCKSS, LOCKSS, or Scholars Portal) Portal to exercise Licensee and Participating Member Institutions’ rights under this Agreement. Licensee and Participating Member Institutions agree to cooperate with such archiving entities and/or initiatives as reasonably necessary to make the Licensed Material Materials available for archiving purposes. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The parties have executed this exhibit by their respective, duly authorized representatives on the dates written below. Name: Position / Title: Signature: Date: FOR THE LICENSEE AND PARTICIPATING INSTITUTIONS: [Full Name] Name: Position / Title: Signature: Date: This Exhibit B is dated ______________ to the Agreement dated ___________ between [name of Licensor] and Licensee and the Participating Institutions of the Ontario College Library ServiceMember Institutions, as listed below. Licensor hereby grants to Licensee and Participating Member Institutions on its own behalf, and on behalf of the Participating Member Institutions, a Licence License pursuant to the terms of this the Agreement and this exhibitExhibit.

PERPETUAL ACCESS AND USE. Providing that full payment of the total purchase price is made, per Section 2, a Participating Member Institution retains the right to Perpetual Access perpetual access to the digital version of the purchased ebooks eBooks on the Licensor’s server. [Negotiable] So long as the Participating Member Institution has purchased access to an ebook collection eBook Collection within the previous 24-month period, Perpetual Access perpetual access to previously purchased ebooks eBooks will be made available on the Licensor’s server at no charge. Should a Participating Member Institution not have purchased any further ebook collections eBook Collections in the previous 24-month period, Licensor reserves the right to charge a reasonable annual fee to that Participating Member Institution to recover the costs for providing continuing access and customer support on the Licensor’s platform. Participating Member Institutions may participate in the archiving of one complete copy of the Licensed MaterialMaterials, and to use such archived Licensed Material Materials in the event the Licensor discontinues or suspends selling or licensing the Licensed MaterialMaterials. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. Licensed Material Materials may be made available to any Participating Member Institutions who indicate a right to those Licensed MaterialMaterials. Licensor acknowledges that Licensee and Participating Member Institutions may engage the services of third- third-party trusted archives and/or participate in collaborative archiving endeavors (such as Portico, CLOCKSS, LOCKSS, or Scholars Portal) Portal to exercise Licensee and Participating Member Institutions’ rights under this Agreement. Licensee and Participating Member Institutions agree to cooperate with such archiving entities and/or initiatives as reasonably necessary to make the Licensed Material Materials available for archiving purposes. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The parties have executed this exhibit by their respective, duly authorized representatives on the dates written below. Name: Position / Title: Signature: Date: FOR THE LICENSEE AND PARTICIPATING INSTITUTIONS: [Full Name] Name: Position / Title: Signature: Date: This Exhibit B is dated ______________ to the Agreement dated ___________ between [name of Licensor] and Licensee and the Participating Institutions of the Ontario College Library ServiceMember Institutions, as listed below. Licensor hereby grants to Licensee and Participating Member Institutions on its own behalf, and on behalf of the Participating Member Institutions, a Licence License pursuant to the terms of this the Agreement and this exhibitExhibit.