When evaluating licenses the library maintains a list of preferred license terms outline below (Updated April 26, 2022):
Authorized Users should include:
- All current full-time and part-time students, faculty and staff of IU Indianapolis regardless of location and including geographical locations of Columbus and Fort Wayne.
- Access for remote users through EZ Proxy (or alternative proxy server) is preferred.
- Users who are not affiliated with IU Indianapolis but who are physically present in the library (i.e. walk-in users).
Authorized Uses should include:
- Displaying, printing, copying, downloading, mobile access, electronic reserves, electronic linking, use in course management systems, scholarly sharing and interlibrary loan (including full eBooks or portions thereof)
- Text Mining – Authorized users may use the licensed materials to perform and engage in text mining/data mining activities for legitimate academic research and other educational purposes.
Legal Language to include:
- Licensor should indemnify the IU Indianapolis University Library (i.e. The Library).
- Any breach / cure period should be at least 30 days
- Any obligations on the part of The Library with regard to notifying, monitoring or otherwise ensuring the compliance of authorized users must be subject to The Library’s best or reasonable efforts.
Legal Language to strike:
- Language indicating governing law/jurisdiction is anything other than Marion County, Indianapolis, Indiana
- Language indicating nondisclosure of terms of license
- Language requiring The Library to indemnify the licensor
- Language limiting the scope of ILL to only domestic locations
- Language requiring binding arbitration or the decision of an “independent” expert for dispute resolution
Performance: General
- Licensor should provide persistent URLs to resource and, preferably, to individual titles / modules within the resource.
- Licensor shall provide necessary information and support for resource activation or installation.
- Licensor should give The Library adequate notice of upgrades and scheduled downtime.
Performance: Accessibility
Licensor shall comply with the Americans with Disability Act (ADA), by supporting assistive software or devices such as large print interfaces, text-to-speech output, voice-activated input, refreshable braille displays, and alternate keyboard or pointer interfaces, in a manner consistent with the Web Accessibility Initiative Web Content Accessibility Guidelines 2.1 AA (http://www.w3.org/WAI/guide-tech.html). Licensor shall ensure that product maintenance and upgrades are implemented in a manner that does not compromise product accessibility. Licensor shall provide to The Library a current, accurate completed Voluntary Product Accessibility Template (VPAT) to demonstrate compliance with the federal Section 508 standards (http://www.state.gov/m/irm/impact/126343.htm). If the product does not comply, the Licensor shall adapt the Licensed Materials in a timely manner and at no cost to The Library in order to comply with applicable law.
Terms of License:
License should include specific pricing, and start and end dates of license. Also, licensor should have no more than a 30-day obligation to notify licensor of intentions to cancel.
Licensor grants to The Library a perpetual license to use any Licensed Materials that The Library was able to access throughout the duration of the Agreement. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The Library shall have access to such Licensed materials in a manner and form equivalent or comparable to the means by which to access is provided under the Agreement.
Licensor shall notify The Library in writing of any changes to the content, design and delivery of the licensed content, and of any changes to the Terms and Conditions of the service.
Licensor shall provide to The Library usage statistics for The Licensed Materials. Statistics shall meet or exceed the most recent COUNTER standard. Licensor shall not provide The Library’s usage statistics in any form to any third party without The Library’s written authorization, unless the Third Party owns rights to the Licensed Materials.
Archiving
If any portion of the Licensed materials are transferred to or acquired from another party, Licensor shall use best efforts to ensure that The Library does not lose access to content as a result of the transfer or acquisition and that any archival and perpetual access rights that have been granted shall be honored whether the Licensor is acting as the transferring or acquiring party Licensor agrees to communicate with the other party to exchange such relevant payment and rights information. For journal titles, Licensor will use best efforts to comply with the current version of the Transfer Code of Practice.
Confidentiality
Licensor agrees to maintain the confidentiality of any data relating to the usage of the Licensed Materials by The Library and its Authorized Users. The Library agrees to maintain the confidentiality of any data relating to the usage of the Licensed Materials by individual Authorized Users. Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate form. Raw usage data, including but not limited to information relating to the identity of specific users and/or uses, shall not be provided to any third party.
The Licensor agrees that no user data will be shared/sold to any third party without the expressed approval of The Library. This data encompasses any and all data gathered from library users’ interactions with the licensee’s resource(s). Examples of such user data are, but not limited to, search histories, any data gathered by cookies, IP addresses, logins recorded in system logs, saved searches, usernames and passwords. If Licensor is compelled by law or court order to disclose personally identifiable information of Authorized Users, Licensor shall provide The Library with adequate prior written notice, so that Licensee or Authorized Users may seek protective orders or other remedies. Licensor will notify The Library and Authorized Users as soon as is practicable if the Licensor’s systems are breached and the confidentiality of personally identifiable information is compromised. The Library and Licensor shall cooperate in the implementation of security and control protocols and procedures as they are developed during the term of this Agreement.
Institutional Repository Deposit
IU Indianapolis University Library will download or otherwise capture receive from publisher PDF versions of articles written by their corresponding university faculty or students, including those-co-authored with researchers from other institutions, and make them available in a public section of an institutional repository service. These downloads will include accompanying metadata to facilitate organization and access. These downloads will be available in perpetuity.
Future downloads, for the purpose of keeping the holdings of IU Indianapolis papers current, will happen on the first of January, April, July and October each year.
Open Access Option
If the Licensor offers an open access option to its authors, Licensor agrees to annually review the number of open access articles published in the Licensed Materials under the open access option. For all Licensed Materials in which such articles are published, Licensor will share with the IU Indianapolis University Library the number of articles published under the open access option by all authors, and number of articles and citations by authors at IU Indianapolis, listed by journal title. Licensor will enter into good faith discussions with The Library concerning mechanisms by which open access publication fees can offset the subscription fees paid by The Library and other subscribers of Licensed Materials, with a goal of reducing subscription fees in proportion to the revenue received through such open access publication fees.