Withdrawal of Content Clause Samples

Withdrawal of Content. Elsevier reserves the right to withdraw from the Subscribed Products content that it no longer retains the right to provide or that it has reasonable grounds to believe is unlawful, harmful, false or infringing. If the withdrawal represents more than five (5%) percent of the content comprising the Subscribed Products, Elsevier shall refund to the Subscriber the amount of the Fees that is proportional to the amount of content withdrawn and the remaining unexpired portion of the period for which the Fees were paid.

Withdrawal of Content. FilmBuff shall have the right to withdraw the Package from availability via all or any portion of the Licensee’s site or service at any time for any reason, and Licensee must comply with such request within forty-eight (48) hours of receipt thereof. Additionally, Licensee shall immediately (i.e., no later than 24 hours subsequent to receipt of notice from FilmBuff) block, or cause to be blocked, the exhibition of the Package via some or all Licensee sites, services or applications in countries of the Territory specified by FilmBuff, at FilmBuff’s instruction, in the event that FilmBuff determines that there is a bona fide rights or other legal issue (including without limitation contractual obligations to any third party), or that the exhibition of the Package is likely to cause material damage to FilmBuff’s brand and/or the brand of FilmBuff’s client(s) or content provider(s).

Withdrawal of Content. The Licensor reserves the right to withdraw from the Licensed Products content that it no longer retains the right to license or that it has reasonable grounds to believe is unlawful, harmful, false or infringing.

Withdrawal of Content. The Publisher reserves the right at any time to withdraw from the Licensed Titles any Licensed Title or Licensed Material (Withdrawn Material): which the Publisher is no longer entitled to publish; or which has converted to full gold open access and is no longer offered under the subscription model; and/or which the Publisher has reasonable grounds to believe infringes copyright or is unlawful. If the Withdrawn Material constitutes more than five percent (5%) of the Licensed Material, the Publisher will inform the Institution of such withdrawal. Otherwise, the change will be reflected in the annually updated list of Licensed Material. Subject to Clause 6.2, if the Publisher withdraws more than five percent (5%) of the Licensed Material then the Publisher shall, at the Institution’s option: reimburse such part of the Licence Fee attributable to the Withdrawn Material in respect of the period up to the date of withdrawal as is reasonable in the circumstances having regard to the use made of that material compared with other Licensed Material the subject of this Licence; and reduce the Licence Fee attributable to the period following the date of such withdrawal by such amount as is reasonably attributable to the Withdrawn Material in respect of such remaining period; or provide a substitute for the Withdrawn Material acceptable to the Institution. If, in the Institution’s reasonable opinion, the withdrawal of the Withdrawn Material results in all Licensed Material which is the subject of this Licence, or any collection of Licensed Materials which are licensed as a collection under this Licence, or any Licensed Title or part of a Licensed Title no longer being useful to the Institution or the Authorised Users, the Institution may, by notice to the Publisher, terminate this Licence to all the Licensed Material, or its application to such collection, or Licensed Title or part as the case may be, with immediate effect. In such case the Publisher shall, within 60 days after the date of such notice, reimburse to the Institution such part of the Licence Fee as is reasonably attributable to the Licensed Material for period following such withdrawal, or in the case of a collection or Licensed Title or part, reasonably attributable to the collection or Licensed Title or part for such period following such withdrawal.

Withdrawal of Content. Open-SCS reserves the right to withdraw from the Subscribed Products content that Open-SCS no longer retains the right to provide or that it has reasonable grounds to believe is unlawful, harmful, false or infringing.

Withdrawal of Content. Elsevier reserves the right to withdraw from the Subscribed Products content that it no longer retains the right to provide or that it has reasonable grounds to believe is unlawful, harmful, false or infringing. If the withdrawal represents more than five (5%) percent of the content comprising the Subscribed Products, Elsevier shall refund to the Subscriber the amount of the Fees that is proportional to the amount of content withdrawn and the remaining unexpired portion of the period for which the Fees were paid. Elsevier warrants and represents that it shall use reasonable efforts to retain in perpetuity an electronic copy of any Subscribed Product that may be withdrawn during the term of this Agreement and to continue to make such titles available through Science Direct online to the Subscriber. If these efforts are unsuccessful and if a particular withdraw Subscribed Products is demonstrably essential to the activities of an Institution, Elsevier shall ensure an equivalent substitute to the withdrawn of such Subscribed Product unless the parties agree on another solution.

Withdrawal of Content. During the Term, XYZ may cancel all or part of any XYZ Content if (i) such XYZ Content becomes the subject of a claim that such XYZ Content infringes the rights of any third party, (ii) such XYZ Content becomes illegal or contrary to any applicable law or regulation, or (iii) XYZ for any reason discontinues such XYZ Content (or part of it). If XYZ cancels all or part of any XYZ Content, XYZ will notify ABC reasonably promptly (in the case of subsection (iii) above, not less than 30 days in advance) and to refund, pro rata, any fees paid in advance for the affected XYZ Content. On cancellation by XYZ of all or part of the XYZ Content, ABC may at its discretion, terminate this Agreement.

Withdrawal of Content. The Licensor may withdraw from the Licensed Material any item that it no longer retains the right from the publishers to include, or that it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable. The Licensor shall give written notice, including by general announcement or posting at the record of the relevant work, to LYRASIS and the Participating Institutions of such withdrawal. If the withdrawal represents more than 10% of the Licensed Material listed as of January 1 of the subscription (calendar) year, The Licensor shall refund to the Participating Institutions that part of the fee that is in proportion to the amount of content withdrawn. If any modifications render the Licensed Material less useful to the Participating Institutions or their Authorized Users, LYRASIS and the Participating Institutions may treat such modifications as a material breach subject to the early termination provisions of this Agreement.

Withdrawal of Content. The licensor may withdraw parts of the Licensed Material if there is reasonable cause to suspect that the content offends the rights of third parties or is illegal in any other way, for example being defamatory or obscene. The Licensor shall give written notice, including by general announcement or posting at the record of the relevant work, to Lyrasis and the Participating Institutions of such withdrawal. If the withdrawal represents more than 10% of the Licensed Material, the Licensor shall refund to the Participating Institutions that part of the fee that is in proportion to the amount of content withdrawn. If any modifications render the licensed Material less useful to the Participating Institutions or their Authorized Users, Lyrasis and the Participating Institutions may treat such modifications as a material breach subject to the early termination provisions of this Agreement.