It`s easy to get overboard when you`re asking for guarantees and benefits. It is not reasonable for one of the parties to require or pay an iron guarantee allowance that is not determinative of the licensing and necessary use of licensed content. The owner of the content may include certain disclaimers, for example. B it does not guarantee that the content is accessible in a specific hardware or via specific software. The owner of the content may also expressly state that it does not guarantee the accuracy or completeness of the information contained in the content, nor their accessibility or suitability for a specific use. In general, the owner of the content (with the exception of individual owners) will do everything in his power to ensure that his server is available 24 hours a day, with the exception of normal network administration and system downtime, and limits his responsibility for restoring access. Some liability clauses limit the licensee`s liability to no more than the fee paid – something you might want to discuss with your institution`s lawyer. Some publicly funded organizations (for example. B in the United States) are not allowed to sign limited liability agreements, which may affect your license. Museum as a licensee: As a content owner, you want to ensure that only authorized people access authorized content. However, they must also be sensitive to the practicalities of tracking the use of licensed content. Be sure to include certain security precautions to prevent copyright infringement in your licensed content.
In Canada, licensing agreements may restrict rights that would otherwise apply after the application of Canadian copyright and the fair trade principle. If an agreement does not discuss fair trade or expressly recognizes it, it applies. However, the agreement may restrict fair trade. Note that, even if fair trade is restricted, it will be limited only for the licensee and not in relation to third parties, because the contract is only valid between the parties who sign it. It`s a controversial subject. Some licenses specifically related to Fair Dealing allow it to be licensed in a manner consistent with Canadian copyright law. Footnote 5 Duration may be based on a fixed duration (for example. B from January 1, 2011 to December 31, 2015 or for one year from the signing of the license), or may be based on the payment of each annual subscription.
Educational institutions may prefer that the licence cover the school year as opposed to the calendar year or another date. It is important to specify the duration of the agreement. An organization may prefer a period that corresponds to its exercise. The agreement may indicate a specific date on which it ends or a fixed term for which it is maintained. It is also possible that the contract will be automatically renewed under the same conditions and conditions by adding an extension clause to the agreement (see extension below). This would require both parties to the agreement to be satisfied and want it to be automatically renewed. Some sublicensings are processed in a license provision called authorized user, and your license does not contain clauses for both terms. Some sublicensings are media-specific – for example, the sublicensing allows you to publish licensed content on your MyFace page.