1.1

Normal copyright and fair dealing principles should apply. Users should be able to make a copy of at least 10% of a document for the purpose of study or teaching. It should be possible to make the copy in print or electronic format.

1.2

The intellectual property rights of both the university and the licensor should be recognised.

1.3

The ability to provide traditional library services such as document delivery is preferred.

1.4

The ability to provide information on a fee-for-service basis is desirable.

2.1

Type of users must be clearly defined. Access for UWA staff and students is essential. For other categories see Definitions below

2.2

Site must be clearly defined. Institution-wide access is preferred. Remote access for authorised users should be allowed.

2.3

The authentication of authorised users should be as transparent as possible to both end users and library staff. The use of a UWA IP address is the preferred option until superseded by a better method. Library wide applications are preferred. The library network precludes confining access to a subject library or individual terminals.

2.4

The Library must take reasonable and appropriate methods to enforce the terms of access to a licensed resource. Placing notices on appropriate computer screens, utilisation of the UWA internet provider service, and observant staff are some examples.

2.5

Privacy and confidentiality of authorised users must be observed.

3.1

A licence agreement should not make the university liable for unauthorised uses of the licensed resources so long as we have implemented reasonable and appropriate methods to notify the user community of use restrictions. The university does not normally indemnify the software provider against claims arising from use of the product by students and the public.

3.2

A licence agreement should require the licensor to give the Library notice of any suspected or alleged licence violations that come to the attention of the licensor and allow a reasonable time for the Library to investigate and take corrective action, if appropriate.

4.1

When the licensed materials are to be stored or cached locally, the license agreement should state clearly that the licensor will provide full documentation for the installation and upgrading of data and software.

4.2

The publisher must use reasonable endeavours to ensure that the licensed materials are available to the Library at all times and on a twenty-four hour basis, save for routine maintenance and to restore access to the licensed materials as soon as possible in the event of an interruption or suspension of the service.

4.3

A Help Desk or an online communication facility must be provided by the publisher or agent.

5.1

A licence agreement should state clearly the term/period of the subscription that is required by the Library.

5.2

Start date should coincide with availability of software required for installation/use.

5.3

Termination date should be specified.

5.4

Conditions for early termination should be appropriate to each party and state a given time for serving a written notice if either party defaults by failing to perform any obligation on its part. The recommended term of notice is thirty days. For situations where the supplier defaults, include a statement that refund of the rateable proportion of the licence fee as represented by the unexpired term shall by paid by the vendor to the Library.

6. Delivery, access and archiving (preservation)

6.1

The license should specify the media, format and frequency for delivery.

6.2

Contingency arrangements to cover delays in providing initial access should be specified.
For example, if the product/data is found to be faulty then an extension to the subscription period should be possible to compensate for the lost time.

6.3

The access rights required by the Library should be clearly stated.
Permanent use of the content, or access rights for a defined period of time only.

6.4

When permanent use of a resource has been agreed, the licence agreement should allow the Library to copy data for the purposes of preservation. Alternately, the licence agreement should specify who has permanent archival responsibility for the resource and under what conditions and for what period the Library may access or refer users to the archival copy.

7.1

Services provided to support the product should be clearly described including term, frequency and delivery. Services might include:
training; increased access during training sessions for library staff and/or end users; documentation; help desk support; usage statistics.

7.2

The routine collection of usage statistics by either party to the agreement should be predicated upon disclosure of the data to the other party and must respect laws and institutional policies regarding confidentiality and privacy.

8.1

The licence fee and payment options should be appended to the licence agreement.
Include any agreements relating to discounted prices; credit for failure to supply; the period of time allowed for re-negotiation of subscription and licence terms.

9.1

The terms of a licence should be considered fixed at the time the licence is signed by both parties. If the terms are subject to change (for example, scope of coverage or method of access), the agreement should require the licensor or licensee to notify the other party in a timely and reasonable fashion of any such changes before they are implemented, and permit either party to terminate the agreement if the changes are not acceptable.

10.1

The licence agreement should define clearly the terms used and those terms should be used consistently throughout the document.

10.2

Ambiguous terms such as 'best efforts', 'reasonable time' should be avoided.

10.3