A person designated in a Licensing
Agreement as having permission to access or
otherwise use the digital information that is the subject
matter of the agreement.
Backup Copy
A temporary copy of digital information made for recovery
purposes.
The treating of information as private and not for distribution
beyond specifically identified individuals or organizations, nor used
other than for specifically identified purposes.
Contract
A formal, legally binding agreement between two or more
parties.
Reproductions of all or a portion of digital information
onto any one of a number of media, including computer diskette,
hard-copy printout, or by exact quotation.
Copyright
Legally granted property rights in intellectual works embodied
in a some
physical means of expression, such as print, musical score or
electronic
image.
Access to digital materials through connection with a
remote Server
through a modem or other remote access device.
Disclaimer
A statement denying responsibility for a particular action.
Display
Information that appears on the screen of a computer Terminal.
Distributor
An individual or organization that re-sells, sublicenses or
otherwise
makes digital information available from the owner to
end-users.
Domain
A group of computers linked to the Internet whose host names
share a
common suffix, such as ".com" (commercial),
".edu"
(educational), or ".net" (communications
network).
To copy digital information onto a hard drive, diskette
or other electronic storage media.
End-user
An individual or organization that accesses digital information
for
their own use.
Fair Use
The right set forth in Section 107 of the United States
Copyright Act, to use copyrighted materials for certain
purposes,
such as criticism, comment, news reporting, teaching,
scholarship, and research. Section 107 sets out four
factors to be considered in determining whether or not a
particular use is fair: (1) the purpose and character of
the use, including whether such use is of commercial
nature or is for nonprofit educational purposes; (2) the nature
of the copyrighted work; (3) the amount and
substantiality of the portion used in relation to the
copyrighted work as a whole; and (4) the effect of the
use upon the potential market for or value of the
copyrighted work.
Literally, "greater force"; a clause designed
to protect against failures to perform contractual
obligations caused by unavoidable events beyond the
party's control, such as natural disasters or wars.
Governing Law
The jurisdiction whose law will be applied in the event of a
dispute
relating to an agreement.
Host Name
A unique name used to identify a computer on a network.
Permission to do something which, without such
permission, would be illegal. For example, a license to
use digital information gives the Licensee
permission to access and use the information under the
terms and conditions described in the agreement between
the Licensor
and the Licensee.
A group of computers linked together to share
information. Networks can consist of a number of linked
computers
in a specific physical location, a Local Area Network
("LAN"), or they may consist of computers located
at different physical sites linked together by means of
phone lines and modems or other forms of long distance
communications.
The licensing agreement and/or the rights, obligations and terms
thereof may not be assigned to any party who is not a signatory
to
the agreement. For example, a library licensee may not assign
the
right to access licensed materials to another library. See also
Non-transferable.
Nondisclosure
An agreement to treat specific information confidentially.
See Confidentiality.
Non-exclusive
The rights granted to the licensee under the licensing agreement
are not given just to that licensee; the licensor reserves the
right to give the same or similar rights to use the licensed
materials to other parties.
The licensing agreement and/or the rights, obligations and terms
thereof may not be sold, given, assigned or otherwise conveyed
to
any party who is not a signatory to the agreement. For example,
a
library licensee may not sell or give the right to access
licensed
materials to another library. See alsoNon-assignable.
Penalty
A specific cost to be assessed against a party for breach
of a term of an agreement.
Perpetual License
The continuing right to access digital information after the
termination
of a license agreement.
Public Access Terminals
Terminalsare
made available to the patrons of a library or other
research institution for use by the general public.
The special rights a party has when another party
defaults or breaches an agreement. Remedies include
lawsuits or injunctions to stop an action that may harm a
party.
Remote Access
The ability to access and use digital information from a
location
off-site from where the information is physically located.
Rights
Powers or privileges granted by an agreement or law.
Security
Means used to protect against the unauthorized use of and
prevent
unauthorized access to digital information.
A clause which provides that in the event that one or
more provisions of the agreement are declared void or
unenforceable
the balance of the agreement remains in force. Such
provisons may also be referred to as Separability
clauses.
The method by which electronic information providers
establish the terms under which users may gain access to the
information without any negotiation with the user. The term
developed in connection with the purchase of software.
Ordinarily, software is provided in a box enclosed
in a plastic wrap known as "shrinkwrap". The box would state that
by removing the shrinkwrap from the box, the purchaser of the
software was agreeing to the terms of a licensing agreement
included inside the box. The term has been expanded to include the
presentation of licensing agreements to software buyers and
information users before the program will permit use of the
product or information. Known also as "click-on" or
"click-through" licenses, this process
requires users to affirmatively click on a button indicating their
acceptance of the licensing agreement before they can install the
software or view the information.
While the issue is not settled in all jurisdictions, the trend in
the law has been to consider such agreements enforceable and
binding, provided that the user has the opportunity to return the
product for a full refund in the event that he or she does not
wish to be bound by the terms of the agreement.=20
As used in a Licensing
Agreement, a site is a physical location affiliated with the Licensee where the Licensee may permit
access
to digital information to Authorized
Users.
Site License
A particular type of Licensing
Agreementthat permits access and use of digital
information at a
specific site.
Subscription
A type of Licensing
Agreement
by which a Licenseepays for
access to
digital information by payment of a periodic fee.
A computer Workstation
linked to a Server
or other computer over a Networkon
which a user may display information. When
it is merely a video display, it may be referred to as a
"Dumb Terminal".
Third Party
A party who is not a signatory to an agreement but who may nevertheless
have rights and obligations relating to that agreement.
A person designated in the Licensing
Agreement as not having permission to access
or otherwise use the digital information that is the
subject matter of the agreement or, more often, any
person who is not an Authorized
User,
as that term is defined.
Venue
The particular jurisdiction where a legal dispute is tried.
The intentional or voluntary relinquishment of a known
right or privilege granted under an agreement, or the
failure to take advantage of some failure of performance
or other wrong. For example, if a Licensee
fails to complain about a series of interruptions in
connecting to a Licensor's database,
the Licensor may
later claim that the Licensee
has Waived any claim that the service
interruptions constituted a breach of the License
Agreement.
A statement or representation that the goods and/or
services will perform as promised in the agreement; a guaranty.
For example, a License
Agreement relating
to a database of samples of musical compositions may contain
a Warranty that the Licensorhas
obtained permission from the composers and performers of
the individual musical works to provide access to the
database to the Licensee.
