Jorum EducationUK Licence

The Work (defined below) is protected by copyright. This Licence allows You to access and use the Work in UK Education for any non-commercial purposes that are conducive to education, teaching, learning, private study and/or research as long as You are in compliance with the terms and conditions of this Licence.

This offer is conditional on your agreement to all the terms and conditions contained in this Licence. Any use of the Work other than as authorised under this Licence or permitted by copyright law is prohibited. By using the Work You accept and agree to be bound by the terms and conditions of this Licence.

If You do not agree to the terms and conditions of this Licence You should not use the Work and therefore decline this Licence, in which case You are prohibited from using the Work as specified in this Licence.

"The Licensor" – the person(s) legally entitled to offer this Licence for the Work

and

"You"

hereby agree as follows:

1. Definitions:

"Aggregate" means to use any part or parts of the Work as part of a composite work or a collection of works.

"Annotate" means to add notations and/or commentaries to any part or parts of the Work.

"Collective Work" means the Work in its entirety in unmodified form along with other independent works, assembled by You into a collective whole.

"Commercial Use" means use of the Work in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation or reward including, without limitation, by means of the sale, resale, loan, transfer, hire or other form of commercial exploitation of the Work.

"Derivative Work" means a work based upon the Work to which enough original creative work has been added so that the new work represents an original work of authorship.

"Excerpt" means to extract (replicate) unchanged part or parts of the Work for re-use into another work.

"Modify" means to alter, add to, delete from, manipulate and or modify any part or parts of the Work and to adapt any part or parts or the whole of the Work in accordance with section 21 of the Copyright, Designs and Patents Act 1988.

"Modifications" means alterations, additions to, deletion from, manipulations and/or modifications of any part or parts of the Work and adaptations of any part or parts or the whole of the Work in accordance with section 21 of the Copyright, Designs and Patents Act 1988.

"Secure Network" means a network which is only accessible via Secure Authentication.

"Secure Authentication" means access to the Licensed Material by Security Assertion Mark-up Language (SAML) technology based authentication, Internet Protocol (“IP”) ranges or by a username and password or by another means of authentication.

“UK Education” means (i) all educational and research institutions in the UK; (ii) any commercial organisation which provides services to those sectors; and (iii) any public authority (as listed in the Freedom of Information Act 2000 or the Freedom of Information (Scotland) Act 2002) which is undertaking education or research activities. This covers all colleges, universities, schools and research council funded establishments, which are based, or primarily based, in the UK. It also includes local authorities in the UK with responsibility for the schools sector.

"Work" means the work protected by copyright which is offered under the terms and conditions of this Licence.

2. Licence Grant

The Licensor hereby grants to You a non-exclusive, royalty-free perpetual licence to use the Work within UK Education in accordance with the terms and conditions of this Licence. This Licence does not permit use of the work outside UK Education.

3. Permitted Uses

Subject to clauses 3.2 and 4, You may use the Work and any part of it in any way and for any purposes that are conducive to education, teaching, learning, private study and/or academic research as long as You are in compliance with the terms and conditions of this Licence. In particular, you are permitted to:

3.1.1 copy the Work and electronically save the Work and Modifications;

3.1.2 Excerpt, Annotate, Aggregate and Modify the Work;

3.1.3 create Derivative Works;

3.1.4 incorporate any part or parts of the Work and Modifications in virtual learning environments, managed learning environments and in any material to be used in the course of instruction within UK Education. Course and study packs in non-electronic non-print perceptible form, such as Braille, may also be compiled;

3.1.5 incorporate the Work into Collective Works;

3.1.6 distribute, communicate and make available the Work, Modifications, Derivative Works and Collective Works to the public within UK Education in any form and in any media whether now known or hereafter created, for the purposes of education, teaching, learning, private study and/or academic research only; and

3.1.7 deposit the Work or parts of it in any kind or type of repository within UK Education.

You must at all times:

3.2.1 make reference to this Licence on all copies of the Work, Modifications, any Derivative Works and/or the Work as incorporated in a Collective Work communicated, made available or otherwise disseminated to the public by You;

3.2.2 ensure that you clearly label the Work, Modifications, any Derivative Works and/or the Work as incorporated in a Collective Work communicated, made available or otherwise disseminated to the public by You with the phrase “Licensed under the Jorum Education UK Licence and provide a hyperlink to the full text of this Licence on the Jorum website (athttp://vm-jorum-web.mimas.ac.uk/licences/educationuk.html); and

3.2.3 ensure that You credit the Licensor in the Work, Modifications, Derivative Work and Collective Work as appropriate to the media used and acknowledge any other parties who have contributed to or have rights in the Work, Modification, Derivative Work and or Collective Work.

3.3 This Licence does not affect any rights that You might have under the Copyright, Designs and Patents Act 1988 and the Copyright (Visually Impaired Persons) Act 2002 and nothing in this Licence shall constitute a waiver of any statutory rights You may have from time to time under these Acts or any amending legislation.

4. Restrictions

4.1 You may not:

4.1.1 use the Work, Modifications, Collective Work and/or Derivative Work for Commercial Use.

4.1.2 display, distribute, communicate and make available the Work, Modifications, Derivative Works and Collective Works outside the UK in any form and in any media whether now known or hereafter created

4.1.3 distribute, communicate and make available the Work, Modifications, Derivative Works and Collective Works on any electronic network, including without limitation the Internet, and the World Wide Web, and any other distribution medium now in existence or hereinafter created, other than by a Secure Network.

4.1.4 impose any terms on the use to be made of the Work, Modifications, Derivative Works or the Work as incorporated in any Collective Work that alter or restrict the terms of this Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights; and

4.1.5 subject the Work to any derogatory treatment as defined in the Copyright, Designs and Patents Act 1988 (s 80).

4.2 All rights not expressly granted by the Licensor herein are hereby reserved.

5. Third party Use of the Work

5.1 Each time You communicate, distribute or otherwise disseminate the Work, Modifications, any Derivative Work or the Work as incorporated in a Collective Work, the Licensor hereby agrees to offer any third party making use of the Work or any part of it a licence to use the Work or any part of it on the same terms and conditions as granted to You hereunder.

5.2 Each time You communicate, distribute or otherwise disseminate a Derivative Work or a Derivative Work as incorporated in a Collective Work, You hereby agree to offer any third party making use of the Derivative Work a licence to use the Derivative Work on the same terms and conditions as granted to You hereunder.

6. Warranties and Disclaimers

6.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSOR PROVIDES THE WORK AND ANY DERIVATIVE WORK ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE.

7. Limit of Liability

7.1 SUBJECT TO ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY LAW, THE LICENSOR SHALL NOT BE LIABLE AND HEREBY EXPRESSLY EXCLUDES ALL LIABILITY FOR LOSS AND DAMAGES HOWEVER AND WHENEVER CAUSED TO YOU AND/OR YOUR USERS BY USE OF THE WORK, MODIFICATIONS, DERIVATIVE WORK AND/OR THE WORK AS INCORPORATED IN A COLLECTIVE WORK.

8. Termination

8.1 The rights granted to You under this Licence shall terminate automatically upon a breach by You of the terms of this Licence. For the avoidance of doubt, upon termination of this Licence, any person who has received the Work, Modifications, Derivative Works or Collective Works from You will be entitled to use the Work or that part of the Work as incorporated therein as long as the licence that it is provided under is in accordance with Clause 4.1.2 and such person remains in full compliance of such licence.

9. General

9.1 This Agreement shall be governed by and construed in accordance with English law and the parties irrevocably agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the English courts.

9.2 This Licence constitutes the entire agreement between the parties relating to the Work and supersede all prior communications, understandings and agreements (whether written or oral) relating to its subject matter and may not be amended or modified except by agreement of both parties in writing.

9.3 The invalidity or unenforceability of any provision of this Licence shall not affect the continuation in force of the remainder of this Licence.

9.4 The rights of the parties arising under this Licence shall not be waived except in writing. Any waiver of any of a party's rights under this Licence or of any breach of this Licence by the other party shall not be construed as a waiver of any other rights or of any other or further breach. Failure by either party to exercise or enforce any rights conferred upon it by this Licence shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

9.5 Headings contained in this Licence are for reference purposes only and shall not be deemed to be an indication of the meaning of the clause to which they relate.

9.6 Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.

End