Online LIJ Terms and Conditions of Use
These terms and conditions of use apply to you. By accessing or using the Law Institute Journal ("LIJ") online you agree to be bound by these terms. Between Law Institute of Victoria Limited ("LIV") ABN 32 075 475 731 of 470 Bourke Street and You ("the Licensee").
It is agreed as follows:
1. Key definitions
In this Licence, the following terms shall have the following meanings:
Agent: A third party appointed from time to time by the Licensee to act on the Licensee´s behalf, who may undertake any or all of the obligations of the Licensee under this Licence, as agreed between the Licensee and the Agent.
Commercial Use: Use for the purposes of monetary reward by means of sale, resale, loan, transfer, hire or other form of exploitation.
Fee: The Fee as set down in subscription invoices or renewal notices as adjusted and issued from time to time.
Library Premises: The physical premises of the Library or Libraries operated by the Licensee.
Library: The library operated by Licensee.
Library Staff: Staff of the Licensee (whether on a permanent, temporary or contract basis) who are permitted to access the Secure Network from within the Library Premises or from such other places where Library Staff undertake their work for the Licensee, and who have been issued by the Licensee with a password or other authentication.
Licensed Materials: The electronic material located at and under http://www.liv.asn.au/News-and-Publications/Law-Institute-Journal and http://www.liv.asn.au/News-and-Publications/Law-Institute-Journal/Archived-Issues
Patrons: Members of the public or other authorised persons who are from time to time permitted to use the Library and permitted to access the Secure Network but only from computer terminals within the Library Premises.
Secure Network A network (whether a stand-alone network or a virtual network within the Internet) which is only accessible to Library Staff or Patrons whose:
(a) access is permitted only from computer terminals within the Library Premises; and
(b) conduct is subject to regulation by the Licensee.
Server: LIV´s server or a third party server designated by LIV on which the Licensed Materials are mounted and may be accessed.
Subscription Period: A period of 12 months commencing in the date specified in the tax invoice for the Fee.
User: Library Staff and Patrons.
2. Agreement
2.1 LIV grants the Licensee a non-exclusive and non-transferable right to access the Licensed Materials via a Secure Network for the purposes of research, retrieving information and private study, subject to the terms and conditions of this Licence.
2.2 This Licence shall commence at the beginning of the Subscription Period, and will terminate at the end of the Subscription Period.
2.3 On termination of this Licence, LIV may discontinue access to the Licensed Materials.
3. Usage rights
3.1 The Licensee, subject to clause 5 below, may:
3.1.1 make such temporary local electronic copies by means of temporary caching or mirrored storage of all or part of the Licensed Materials as are necessary solely to ensure efficient use by Library Staff and Patrons and not to make available to Library Staff or Patrons duplicate copies of the Licensed Material.
3.1.2 allow Library Staff to have access to the Licensed Materials from the Server via the Secure Network;
3.1.3 allow Patrons to have access to the Licensed Materials from the Server via the Secure Networks, but only from public work stations/terminals within the Library Premises. (For the avoidance of doubt, remote access by Patrons to the Licensed Materials is strictly prohibited);
3.1.4 provide single printed copies of single articles at the request of individual Library Staff or Patrons; and
3.1.5 display, download or print not more than 10 per cent of an individual issue of the Licensed Materials for the purpose of internal marketing or testing or for training Library Staff.
3.2 Library Staff and Patrons may, in accordance with the copyright law of Australia and subject to clause 5 below:
3.2.1 search, view, retrieve and display the Licensed Materials; and
3.2.2 print off portions of individual issues of the Licensed Materials.
4. Supply of copies to other libraries
4.1 The Licensee acknowledges and agrees that it may not provide, by electronic or other means, a copy of any part of the Licensed Materials for research or private study or otherwise to any person other than Library Staff and Patrons.
5. Prohibited uses
5.1 The Licensee may not, and will procure that neither the Library Staff nor any Patron may:
5.1.1 remove or alter the authors´ names or LIV´s copyright notices or other means of identification or disclaimers as they appear in the Licensed Materials;
5.1.2 systematically make print or electronic copies of multiple extracts of the Licensed Materials for any purpose; or
5.1.3 mount or distribute any part of the Licensed Material on any electronic network, including without limitation the Internet and the world wide web, other than as is necessary to provide access to Authorised Users via the Secure Network during the Subscription Period.
5.2 The LIV´s express written permission must be obtained in order to:
5.2.1 use all or any part of the Licensed Materials for any Commercial Use;
5.2.2 systematically distribute the whole or any part of the Licensed Materials to anyone other than Library Staff;
5.2.3 publish, distribute or make available the Licensed Materials, works based on the Licensed Materials or works which combine them with any other material;
5.2.4 alter, abridge, adapt or modify the Licensed Materials, except to the extent necessary to make them perceptible on a computer screen or as otherwise permitted in this Licence, to Library Staff and Patrons. For the avoidance of doubt, no alteration of the words or their order is permitted.
6. Publisher´s undertakings
6.1 The LIV does not guarantee continued and uninterrupted access to the Licensed Materials, however, the LIV will use reasonable endeavours during the Subscription Period to:
6.1.1 make the Licensed Materials available to the Licensee online;
6.1.2 make the electronic version of each journal issue in the Licensed Materials available during the month of publication of the printed version;
6.1.3 where password authentication is required, provide the Licensee with information sufficient to enable the Licensee to access the Licensed Material; and
6.1.4 make the Licensed Materials available to the Licensee at all times, save for routine maintenance (which shall be notified online in advance whenever possible), and to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of service.
6.2 LIV reserves the right at any time and without notice to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
6.3 The Licensee acknowledges that LIV will collect and analyse data on the usage of the Licensed Materials for its private internal use. LIV will compile such data in a manner consistent with applicable privacy laws, and the anonymity of individual users and the confidentiality of searches will be fully protected. If LIV assigns its rights to another party under clause 10.3 the Licensee may, at its discretion, require the assignee either to keep such usage information confidential or to destroy it.
6.4 LIV makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the Licensed Materials, merchantability or fitness of use for a particular purpose. The Licensed Materials are supplied ´as is´. Views expressed by contributors are not necessarily endorsed by LIV. No responsibility is accepted by the LIV for the accuracy of information contained in the text and advertisements.
6.5 Where legislation implies in this Licence any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be included in this Licence. However, the liability of the LIV for any breach of such term shall be limited, at the option of the LIV, to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again.
6.6 To the extent permitted by law and except as expressly provided to the contrary in this Licence, LIV shall not be under any liability (contractual, tortious or otherwise) to the Licence in respect of any loss or damage (including, without limitation, consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly:
6.6.1 in respect to the supply of goods or services pursuant to this Licence; or
6.6.2 due to any act, failure to act or other omission of LIV.
7. Licensee´s undertakings
7.1 The Licensee shall:
7.1.1 use all reasonable endeavours to ensure that all Library Staff and Patrons are appropriately notified of the importance of respecting the intellectual property rights in the Licensed Materials;
7.1.2 use all reasonable endeavours to ensure that the Library Staff are made aware of and undertake to abide by the terms and conditions of this Licence and take steps to protect the Licensed Materials from unauthorised use or other breach of this License;
7.1.3 use all reasonable endeavours to monitor compliance and immediately on becoming aware of any unauthorised use or other breach of the terms and conditions of this Licence, inform LIV and take all reasonable and appropriate steps, to ensure that such activity ceases and to prevent any recurrence;
7.1.4 issue passwords or other access information only to Library Staff and use all reasonable endeavours to ensure that Library Staff do not divulge passwords or other access information to any third party; and
7.1.5 use all reasonable endeavours to ensure that only Library Staff and Patrons are permitted access to the Licensed Materials.
7.2 The Licensee agrees to indemnify, and hold LIV harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or action taken against LIV related to or in any way connected with any use of the Licensed Materials by the Licensee or its Library Staff and Patrons or any failure by the Licensee to perform its obligations in relation to this Licence.
7.3 The Licensee shall pay the required Fee and if the Licensee wishes to continue to access the Licensed Materials beyond the initial Subscription Period then this Licence or a similar License must be renewed and the corresponding license fees paid. Receipt of such payment shall be a condition of access to the Licensed Materials.
7.4 Where applicable an Agent may be responsible for processing payment of the Fee (and will be entitled to receive any refund of the Fee) on behalf of the Licensee, unless notified otherwise, in which case the Fee will be paid by the Licensee direct to LIV
8. Undertakings by both parties
8.1 Each party shall use its best endeavours to safeguard the intellectual property, confidential information and proprietary rights of the other party.
9. Term and termination
9.1 In addition to automatic termination (unless renewed) under clause 2.2, this Licence shall be terminated:
9.1.1 if the Licensee defaults in making payment of the Fee and fails to remedy such default within thirty (30) days of notification by LIV or authorised Agent;
9.1.2 if either party commits a material or persistent breach of any term of this Licence and fails to remedy the breach within thirty (30) days of notification in writing by the other party;
9.1.3 if either party becomes insolvent or becomes subject to receivership, liquidation or similar external administration.
9.2 On termination all rights and obligations of the parties automatically terminate.
9.3 On termination of this Licence the Licensee shall immediately cease to distribute or make available the Licensed Materials to Library Staff and Patrons and shall destroy all electronic copies of Licensed Materials made pursuant to clause 3.1.1 and 3.1.2.
10. General
10.1 This Licence constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter of this Licence, whether oral or written.
10.2 This Licence may not be assigned by the Licensee.
10.3 LIV may assign its rights to all or any part of the Licensed Materials are assigned to another publisher, LIV shall use its best endeavours to ensure that the terms and conditions of this Licence are maintained.
10.4 Neither party´s delay or failure to perform any provision of this Licence, as result of circumstances beyond its control (including, without limitation, war, strikes, floods, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall be deemed to be, or to give rise to, a breach of this Licence.
10.5 The invalidity or un-enforceability of any provision of this Licence shall not affect the continuation or enforceability of the remainder of this Licence.
10.6 A waiver of a provision of this Licence will only be effective if in writing.
10.7 This License shall be governed by and construed according to the law of the State of Victoria. The Parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from such courts.
Multi-user license and conditions of use for Companies and Organisations
These terms and conditions of use apply to you. By accessing or using the Law Institute Journal ("LIJ") online you agree to be bound by these terms. Between Law Institute of Victoria Limited ("LIV") ABN 32 075 475 731 of 470 Bourke Street and You ("the Licensee").
It is agreed as follows:-
1. Key definitions
In this Licence, the following terms shall have the following meanings: -
Agent: A third party appointed from time to time by the Licensee to act on the Licensee´s behalf, who may undertake any or all of the obligations of the Licensee under this Licence, as agreed between the Licensee and the Agent.
Commercial Use: Use for the purposes of monetary reward by means of sale, resale, loan, transfer, hire or other form of exploitation.
Fee: The Fee as set down in subscription invoices or renewal notices as adjusted and issued from time to time.
Premises: The singular physical premises of the Company or Organisation employing the Licensee.
Company/Organisation: The Company or Organisation employing the Licensee.
Company/Organisation Staff: Staff of the Licensee (whether on a permanent, temporary or contract basis) who are permitted to access the Secure Network from within the Premises or from such other places where Company/Organisation Staff undertake their work for the Licensee, and who have been issued by the Licensee with a password or other authentication.
Licensed Materials: The electronic material located at and under http://www.liv.asn.au/News-and-Publications/Law-Institute-Journal and http://www.liv.asn.au/News-and-Publications/Law-Institute-Journal/Archived-Issues
Secure Network A network (whether a stand-alone network or a virtual network within the Internet) which is only accessible to Company/Organisation Staff whose:
(a) access is permitted only from computer terminals within the Premises; and
(b) conduct is subject to regulation by the Licensee.
Server: LIV´s server or a third party server designated by LIV on which the Licensed Materials are mounted and may be accessed.
Subscription Period: A period of 12 months commencing in the date specified in the tax invoice for the Fee.
User: Company/Organisation Staff.
2. Agreement
2.1 LIV grants the Licensee a non-exclusive and non-transferable right to access the Licensed Materials via a Secure Network for the purposes of research, retrieving information and private study, subject to the terms and conditions of this Licence.
2.2 This Licence shall commence at the beginning of the Subscription Period, and will terminate at the end of the Subscription Period.
2.3 On termination of this Licence, LIV may discontinue access to the Licensed Materials.
3. Usage rights
3.1 The Licensee, subject to clause 5 below, may:
3.1.1 make such temporary local electronic copies by means of temporary caching or mirrored storage of all or part of the Licensed Materials as are necessary solely to ensure efficient use by Company/Organisation Staff and not to make available to Company/Organisation Staff duplicate copies of the Licensed Material.
3.1.2 allow Company/Organisation Staff to have access to the Licensed Materials from the Server via the Secure Network;
3.1.3 provide single printed copies of single articles at the request of individual Company/Organisation Staff; and
3.1.4 display, download or print not more than 10 per cent of an individual issue of the Licensed Materials for the purpose of internal marketing or testing or for training Company/Organisation Staff.
3.2 Company/Organisation Staff may, in accordance with the copyright law of Australia and subject to clause 5 below:
3.2.1 search, view, retrieve and display the Licensed Materials; and
3.2.2 print off portions of individual issues of the Licensed Materials.
4. Supply of copies to other Companys/Organisations
4.1 The Licensee acknowledges and agrees that it may not provide, by electronic or other means, a copy of any part of the Licensed Materials for research or private study or otherwise to any person other than Company/Organisation Staff.
5. Prohibited uses
5.1 The Licensee may not, and will procure that neither Company/Organisation Staff may:
5.1.1 remove or alter the authors´ names or LIV´s copyright notices or other means of identification or disclaimers as they appear in the Licensed Materials;
5.1.2 systematically make print or electronic copies of multiple extracts of the Licensed Materials for any purpose; or
5.1.3 mount or distribute any part of the Licensed Material on any electronic network, including without limitation the Internet and the world wide web, other than as is necessary to provide access to authorised Users via the Secure Network during the Subscription Period.
5.2 The LIV´s express written permission must be obtained in order to:
5.2.1 use all or any part of the Licensed Materials for any Commercial Use;
5.2.2 systematically distribute the whole or any part of the Licensed Materials to anyone other than Company/Organisation Staff;
5.2.3 publish, distribute or make available the Licensed Materials, works based on the Licensed Materials or works which combine them with any other material;
5.2.4 alter, abridge, adapt or modify the Licensed Materials, except to the extent necessary to make them perceptible on a computer screen or as otherwise permitted in this Licence, to Company/Organisation Staff. For the avoidance of doubt, no alteration of the words or their order is permitted.
6. Publisher´s undertakings
6.1 The LIV does not guarantee continued and uninterrupted access to the Licensed Materials, however, the LIV will use reasonable endeavours during the Subscription Period to:
6.1.1 make the Licensed Materials available to the Licensee online;
6.1.2 make the electronic version of each journal issue in the Licensed Materials available during the month of publication of the printed version;
6.1.3 where password authentication is required, provide the Licensee with information sufficient to enable the Licensee to access the Licensed Material; and
6.1.4 make the Licensed Materials available to the Licensee at all times, save for routine maintenance (which shall be notified online in advance whenever possible), and to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of service.
6.2 LIV reserves the right at any time and without notice to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
6.3 The Licensee acknowledges that LIV will collect and analyse data on the usage of the Licensed Materials for its private internal use. LIV will compile such data in a manner consistent with applicable privacy laws, and the anonymity of individual users and the confidentiality of searches will be fully protected. If LIV assigns its rights to another party under clause 10.3 the Licensee may, at its discretion, require the assignee either to keep such usage information confidential or to destroy it.
6.4 LIV makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the Licensed Materials, merchantability or fitness of use for a particular purpose. The Licensed Materials are supplied ´as is´. Views expressed by contributors are not necessarily endorsed by LIV. No responsibility is accepted by the LIV for the accuracy of information contained in the text and advertisements.
6.5 Where legislation implies in this Licence any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be included in this Licence. However, the liability of the LIV for any breach of such term shall be limited, at the option of the LIV, to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again.
6.6 To the extent permitted by law and except as expressly provided to the contrary in this Licence, LIV shall not be under any liability (contractual, tortious or otherwise) to the Licence in respect of any loss or damage (including, without limitation, consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly:
6.6.1 in respect to the supply of goods or services pursuant to this Licence; or
6.6.2 due to any act, failure to act or other omission of LIV.
7. Licensee´s undertakings
7.1 The Licensee shall:
7.1.1 use all reasonable endeavours to ensure that all Company/Organisation Staff are appropriately notified of the importance of respecting the intellectual property rights in the Licensed Materials;
7.1.2 use all reasonable endeavours to ensure that Company/Organisation Staff are made aware of and undertake to abide by the terms and conditions of this Licence and take steps to protect the Licensed Materials from unauthorised use or other breach of this License;
7.1.3 use all reasonable endeavours to monitor compliance and immediately on becoming aware of any unauthorised use or other breach of the terms and conditions of this Licence, inform LIV and take all reasonable and appropriate steps, to ensure that such activity ceases and to prevent any recurrence;
7.1.4 issue passwords or other access information only to Company/Organisation Staff and use all reasonable endeavours to ensure that Company/Organisation Staff do not divulge passwords or other access information to any third party; and
7.1.5 use all reasonable endeavours to ensure that only Company/Organisation Staff are permitted access to the Licensed Materials.
7.2 The Licensee agrees to indemnify, and hold LIV harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or action taken against LIV related to or in any way connected with any use of the Licensed Materials by the Licensee or its Staff or any failure by the Licensee to perform its obligations in relation to this Licence.
7.3 The Licensee shall pay the required Fee and if the Licensee wishes to continue to access the Licensed Materials beyond the initial Subscription Period then this Licence or a similar License must be renewed and the corresponding license fees paid. Receipt of such payment shall be a condition of access to the Licensed Materials.
7.4 Where applicable an Agent may be responsible for processing payment of the Fee (and will be entitled to receive any refund of the Fee) on behalf of the Licensee, unless notified otherwise, in which case the Fee will be paid by the Licensee direct to LIV
8. Undertakings by both parties
8.1 Each party shall use its best endeavours to safeguard the intellectual property, confidential information and proprietary rights of the other party.
9. Term and termination
9.1 In addition to automatic termination (unless renewed) under clause 2.2, this Licence shall be terminated:
9.1.1 if the Licensee defaults in making payment of the Fee and fails to remedy such default within thirty (30) days of notification by LIV or authorised Agent;
9.1.2 if either party commits a material or persistent breach of any term of this Licence and fails to remedy the breach within thirty (30) days of notification in writing by the other party;
9.1.3 if either party becomes insolvent or becomes subject to receivership, liquidation or similar external administration.
9.2 On termination all rights and obligations of the parties automatically terminate.
9.3 On termination of this Licence the Licensee shall immediately cease to distribute or make available the Licensed Materials to Company/Organisation Staff and shall destroy all electronic copies of Licensed Materials made pursuant to clause 3.1.1 and 3.1.2.
10. General
10.1 This Licence constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter of this Licence, whether oral or written.
10.2 This Licence may not be assigned by the Licensee.
10.3 LIV may assign its rights to all or any part of the Licensed Materials are assigned to another publisher, LIV shall use its best endeavours to ensure that the terms and conditions of this Licence are maintained.
10.4 Neither party´s delay or failure to perform any provision of this Licence, as result of circumstances beyond its control (including, without limitation, war, strikes, floods, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall be deemed to be, or to give rise to, a breach of this Licence.
10.5 The invalidity or un-enforceability of any provision of this Licence shall not affect the continuation or enforceability of the remainder of this Licence.
10.6 A waiver of a provision of this Licence will only be effective if in writing.
10.7 This License shall be governed by and construed according to the law of the State of Victoria. The Parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from such courts.
Terms and conditions of use for individual subscribers
These terms and conditions of use apply to you. By accessing or using the Law Institute Journal ("LIJ") online you agree to be bound by these terms. Between Law Institute of Victoria Limited ("LIV") ABN 32 075 475 731 of 470 Bourke Street and You ("the Licensee").
It is agreed as follows:-
1. Key definitions
In this Licence, the following terms shall have the following meanings:
Commercial Use: Use for the purposes of monetary reward by means of sale, resale, loan, transfer, hire or other form of exploitation.
Fee: The Fee as set down in subscription invoices or renewal notices as adjusted and issued from time to time.
Licensed Materials: The electronic material located at and under http://www.liv.asn.au/News-and-Publications/Law-Institute-Journal and http://www.liv.asn.au/News-and-Publications/Law-Institute-Journal/Archived-Issues
User: You, the licensee
Secure Intenet Enabled Workstation A computer workstation or terminal which is operating such that:
(a) direct access to internet content is possible and in such a way that user names and passwords are not readily intercepted or disclosed; and
(b) your user name and password are not permanently stored by the workstation, its software or operating system.
Server: LIV´s server or a third party server designated by LIV on which the Licensed Materials are mounted and may be accessed.
Subscription Period: A period of 12 months commencing in the date specified in the tax invoice for the Fee.
2. Agreement
2.1 LIV grants the Licensee a non-exclusive and non-transferable right to access the Licensed Materials via a Secure Intenet Enabled Workstation for the purposes of research, retrieving information and private study, subject to the terms and conditions of this Licence.
2.2 This Licence shall commence at the beginning of the Subscription Period, and will terminate at the end of the Subscription Period.
2.3 On termination of this Licence, LIV may discontinue access to the Licensed Materials.
3. Usage rights
3.1 The Licensee, subject to clause 5 below, may:
3.1.1 make such temporary local electronic copies by means of temporary caching or mirrored storage of all or part of the Licensed Materials as are necessary solely to ensure efficient individual use and not to make available duplicate copies of the Licensed Material.
3.1.2 produce single printed copies of single articles; and
3.1.3 display, download or print not more than 10 per cent of an individual issue of the Licensed Materials.
3.2 The Licensee may, in accordance with the copyright law of Australia and subject to clause 5 below:
3.2.1 search, view, retrieve and display the Licensed Materials; and
3.2.2 print off portions of individual issues of the Licensed Materials.
4. Supply of copies to other parties
4.1 The Licensee acknowledges and agrees that it may not provide, by electronic or other means, a copy of any part of the Licensed Materials for research or private study or otherwise to any person who is not also a current subscriber to the LIJ.
5. Prohibited uses
5.1 The Licensee may not:
5.1.1 remove or alter the authors´ names or LIV´s copyright notices or other means of identification or disclaimers as they appear in the Licensed Materials;
5.1.2 systematically make print or electronic copies of multiple extracts of the Licensed Materials for any purpose; or
5.1.3 mount or distribute any part of the Licensed Material on any electronic network, including without limitation the Internet and the world wide web, other than as is necessary to individually access the Licensed Materials during the Subscription Period.
5.2 The LIV´s express written permission must be obtained in order to:
5.2.1 use all or any part of the Licensed Materials for any Commercial Use;
5.2.2 systematically distribute the whole or any part of the Licensed Materials to anyone;
5.2.3 publish, distribute or make available the Licensed Materials, works based on the Licensed Materials or works which combine them with any other material;
5.2.4 alter, abridge, adapt or modify the Licensed Materials, except to the extent necessary to make them perceptible on a computer screen.. For the avoidance of doubt, no alteration of the words or their order is permitted.
6. Publisher´s undertakings
6.1 The LIV does not guarantee continued and uninterrupted access to the Licensed Materials, however, the LIV will use reasonable endeavours during the Subscription Period to:
6.1.1 make the Licensed Materials available to the Licensee online;
6.1.2 make the electronic version of each journal issue in the Licensed Materials available during the month of publication of the printed version;
6.1.3 where password authentication is required, provide the Licensee with information sufficient to enable the Licensee to access the Licensed Material; and
6.1.4 make the Licensed Materials available to the Licensee at all times, save for routine maintenance (which shall be notified online in advance whenever possible), and to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of service.
6.2 LIV reserves the right at any time and without notice to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
6.3 The Licensee acknowledges that LIV will collect and analyse data on the usage of the Licensed Materials for its private internal use. LIV will compile such data in a manner consistent with applicable privacy laws, and the anonymity of individual users and the confidentiality of searches will be fully protected. If LIV assigns its rights to another party under clause 10.3 the Licensee may, at its discretion, require the assignee either to keep such usage information confidential or to destroy it.
6.4 LIV makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the Licensed Materials, merchantability or fitness of use for a particular purpose. The Licensed Materials are supplied ´as is´. Views expressed by contributors are not necessarily endorsed by LIV. No responsibility is accepted by the LIV for the accuracy of information contained in the text and advertisements.
6.5 Where legislation implies in this Licence any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be included in this Licence. However, the liability of the LIV for any breach of such term shall be limited, at the option of the LIV, to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again.
6.6 To the extent permitted by law and except as expressly provided to the contrary in this Licence, LIV shall not be under any liability (contractual, tortious or otherwise) to the Licence in respect of any loss or damage (including, without limitation, consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly:
6.6.1 in respect to the supply of goods or services pursuant to this Licence; or
6.6.2 due to any act, failure to act or other omission of LIV.
7. Licensee´s undertakings
7.1 The Licensee shall:
7.1.1 use all reasonable endeavours to understand the importance of respecting the intellectual property rights in the Licensed Materials;
7.1.2 use all reasonable endeavours to abide by the terms and conditions of this Licence and take steps to protect the Licensed Materials from unauthorised use or other breach of this License;
7.1.3 maintain the confidentiality of passwords or other access information associated with accessing the Licensed Materials.
7.2 The Licensee agrees to indemnify, and hold LIV harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or action taken against LIV related to or in any way connected with any use of the Licensed Materials by the Licensee or any failure by the Licensee to perform its obligations in relation to this Licence.
7.3 The Licensee shall pay the required Fee and if the Licensee wishes to continue to access the Licensed Materials beyond the initial Subscription Period then this Licence or a similar License must be renewed and the corresponding license fees paid. Receipt of such payment shall be a condition of access to the Licensed Materials.
8. Undertakings by both parties
8.1 Each party shall use its best endeavours to safeguard the intellectual property, confidential information and proprietary rights of the other party.
9. Term and termination
9.1 In addition to automatic termination (unless renewed) under clause 2.2, this Licence shall be terminated:
9.1.1 if the Licensee defaults in making payment of the Fee and fails to remedy such default within thirty (30) days of notification by LIV or authorised Agent;
9.1.2 if either party commits a material or persistent breach of any term of this Licence and fails to remedy the breach within thirty (30) days of notification in writing by the other party;
9.1.3 if either party becomes insolvent or becomes subject to receivership, liquidation or similar external administration.
9.2 On termination all rights and obligations of the parties automatically terminate.
9.3 On termination of this Licence the Licensee shall immediately destroy all electronic copies of Licensed Materials made pursuant to clause 3.1.1 and 3.1.2.
10. General
10.1 This Licence constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter of this Licence, whether oral or written.
10.2 This Licence may not be assigned by the Licensee.
10.3 LIV may assign its rights to all or any part of the Licensed Materials are assigned to another publisher, LIV shall use its best endeavours to ensure that the terms and conditions of this Licence are maintained.
10.4 Neither party´s delay or failure to perform any provision of this Licence, as result of circumstances beyond its control (including, without limitation, war, strikes, floods, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall be deemed to be, or to give rise to, a breach of this Licence.
10.5 The invalidity or un-enforceability of any provision of this Licence shall not affect the continuation or enforceability of the remainder of this Licence.
10.6 A waiver of a provision of this Licence will only be effective if in writing.
10.7 This License shall be governed by and construed according to the law of the State of Victoria. The Parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from such courts.