JISC Collections Open Education User Licence version 1.0
This Licence will enable You to use the Work in any way and for any such 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.
By using the Work You accept and agree to be bound by the terms and conditions of this
Licence. The Licensor only grants you the rights contained in this Licence in
consideration of your acceptance of 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.
The Licensor offers You access and use of the Work (as defined below) under the terms
and conditions of this Licence. Any use of the Work other than as authorised under this
Licence or permitted by copyright law is prohibited. This offer is conditional on your
agreement to all the terms and conditions contained 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 for the purpose of
monetary reward by means of the sale,
jisc_collections_open_educational_user_licence_v1.0.doc
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.
"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 worldwide in accordance with the terms and conditions of this Licence.
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 such 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, including but not limited to:
3.1.1
copy the Work and electronically save the Work and Modifications;
3.1.2
Excerpt, Annotate, Aggregate and Modify the Work;
jisc_collections_open_educational_user_licence_v1.0.doc
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. 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 in any form and in
any media whether now known or hereafter created; and
3.1.7
deposit the Work or parts of it in any kind or type of repository.
You must at all times:
3.3
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; and
3.2.2
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, Derivative Work and or Collective Work.
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
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
jisc_collections_open_educational_user_licence_v1.0.doc
has the effect or intent of restricting the ability to exercise those rights;
and
4.1.3
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
Except as required by law, the Work and any Derivative Work is licensed by the
Licensor on an ‘as is’ and ‘as available’ basis and without any warranties of any
kind, either express or implied.
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.
jisc_collections_open_educational_user_licence_v1.0.doc
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.
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End –
JISC COLLECTIONS PROVIDES THIS INFORMATION ON AN AS IS BASIS. JISC
COLLECTIONS MAKES NO WARRANTIES REGARDING THE INFORMATION
PROVIDED AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM
ITS USE.
jisc_collections_open_educational_user_licence_v1.0.doc