Library License Agreements have become increasingly important with the rise of digital content and remote access to library resources. These agreements serve to protect both the interests of content providers and libraries while ensuring broad access to information resources. A Library License Agreement is essential when a library wishes to provide access to copyrighted materials, databases, or digital resources to its patrons. The document must comply with U.S. federal and state regulations, including copyright law, privacy requirements, and accessibility standards. It typically covers various scenarios of use, from on-site access to remote learning, and can be adapted for different types of libraries and content formats.
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1. Parties: Identification of the library and licensor, including full legal names and addresses
2. Background: Context of the agreement and purpose of the license
3. Definitions: Key terms used throughout the agreement including 'Licensed Materials', 'Authorized Users', 'Library Premises'
4. Grant of License: Scope of the license, including permitted uses and restrictions
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment: License fees, payment terms, and any renewal costs
7. Access and Authentication: Methods of accessing licensed materials and authentication requirements
8. Usage Rights and Restrictions: Detailed permissions and prohibited uses
9. Privacy and Data Protection: Handling of user data and privacy requirements
10. Warranties and Indemnities: Legal guarantees and protections provided by each party
1. Service Levels: Technical performance requirements and support services - used for digital resources requiring specific availability or performance standards
2. Text and Data Mining Rights: Rights to perform computational analysis on licensed materials - used for research libraries or when content may be used for analysis
3. Preservation Rights: Rights to create archival copies - used for long-term preservation needs
4. Consortia Provisions: Terms specific to library consortia - used when license is for multiple institutions
5. Walk-In User Access: Terms for non-affiliated library visitors - used for public or academic libraries allowing public access
1. Schedule A - Licensed Materials: Detailed list of licensed content or databases
2. Schedule B - Authorized Sites: List of physical locations where access is permitted
3. Schedule C - Fee Schedule: Detailed breakdown of fees and payment terms
4. Schedule D - Technical Specifications: Technical requirements for access and use
5. Schedule E - Service Level Agreement: Detailed performance metrics and support requirements
6. Schedule F - Authorized Users: Definition and categories of authorized users
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