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Licence Terms Document - JISC Collections

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					                     DE GRUYTER ONLINE JOURNAL ARCHIVE LICENCE AGREEMENT

WALTER DE GRUYTER GMBH & Co. a company having its registered office at Genthiner Strasse 13, 10785
Berlin, Germany ("Publisher").

OFFERS to you, the Licensee, the permission to access and use the Licensed Material on the terms and conditions as
set out in this Licence. Upon completion of the Subscription Order and Acceptance Form (as hereafter defined) as
part of the JISC Collections Online Ordering Service your institution will become a non-exclusive Licensee of
Walter de Gruyter GMBH & Co.

Acceptance of this Licence will be by receipt of the Order Confirmation Email (JISC Collections) (as hereafter
defined) by JISC Collections as part of the JISC Collections Online Ordering Service. Acceptance shall be
acceptance of all terms of this Licence and no variation or counter offer will be accepted by JISC Collections. In the
event that no or partial compliance is made as to the manner or form described for acceptance, no licence will be
granted and this offer is deemed withdrawn.




BACKGROUND

1. De Gruyter Online Journal Archive is a digital archive of de Gruyter journals published between 1826 and 2010.


2. De Gruyter Online Journal Archive and all Intellectual Property Rights (as hereafter defined) therein are owned
by or licensed to the Publisher;


3. JISC Collections is a company limited by guarantee set up in 2006 by the UK funding bodies to: (1) carry on from
the UK funding bodies all or any of the businesses of establishing, managing and providing access to the UK
learning community and to acquire and grant licences for access and use of learning material for the advancement
and benefit of the UK learning community; and (2) acquire and grant licences for access and use of electronic
resources for the community of bodies and institutions engaged in the provision or support of education, learning
and/or research in the UK and elsewhere in the world;

4. The Publisher has agreed with JISC Collections in the De Gruyter Online Journal Archive Agreement between
JISC Collections and the Publisher to use this Agreement as the model for any agreement between the Publisher and
a subscribing institution in relation to the offer agreed between JISC Collections and the Publisher as attached to this
Agreement in Annex 1;

WALTER DE GRUYTER GMBH & Co. AND THE LICENSEE AGREE AS FOLLOWS:

1.        DEFINITIONS

1.1       In this Agreement, the following expressions shall have the following meanings:




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              "Access Fee"                means the fee for access and use of the Licensed Material via the
                                          Publisher‟s platform or via a third party appointed by the Publisher as
                                          set out in Schedule 1.

              "Authorised Users"          means individuals who are authorised by the Licensee to have access
                                          to its information services (whether on-site or off-site) via Secure
                                          Authentication and who is:

                                                 a current        student    (including   undergraduates    and
                                          postgraduates);

                                                  a member of staff (whether permanent or temporary
                                          including retired members of staff and any teacher who teaches
                                          Authorised Users registered in the United Kingdom);

                                                  a contractor of the Institution; or

                                                  a Walk-In User.


                                          Walk-In Users are persons who are allowed by the Licensee to access
                                          its information services from computer terminals or otherwise within
                                          the physical premises of the Licensee. For the avoidance of doubt,
                                          Walk-In Users may be given access to the Licensed Material by any
                                          wireless Secure Network. Walk-In Users are not allowed off-site
                                          access to the Licensed Material.


              "Content and Licence Fee"   means the fee for the purchase of the content of the Licensed Material
                                          and the perpetual licence for access and use of such content via local
                                          or third party mounting.

              "Commercial Use"            means use of the Licensed Material for the purpose of monetary
                                          reward (whether by or for the Institution or an Authorised User) by
                                          means of the sale, resale, loan, transfer, hire or other form of
                                          exploitation of the Licensed Material. For the avoidance of doubt,
                                          neither the recovery of direct cost by the Institution from Authorised
                                          Users, nor use by the Institution or Authorised Users of the Licensed
                                          Material in the course of research funded by a commercial
                                          organisation is deemed to constitute Commercial Use.



              "Delivery Date"             Means the date six weeks after the start date as set out in the
                                          Subscription Order and Acceptance Form, or such earlier date as the
                                          parties may agree for the delivery of the Licensed Material pursuant to
                                          Clause 7.1.

              "Educational Purposes"      means for the purpose of education, teaching, distance learning,
                                          private study and/or research.




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              "Fee"                       means the fee as set out in Schedule 1.

              "HEFCE"                     means the Higher Education Funding Council for England.

              "Intellectual Property      means patents, trademarks, trade names, design rights, copyright
              Rights"                     (including rights in computer software and moral rights), database
                                          rights, rights in know-how and other intellectual property rights, in
                                          each case whether registered or unregistered and including
                                          applications for the grant of any of the foregoing and all rights or
                                          forms of protection having equivalent or similar effect to any of the
                                          foregoing which may subsist anywhere in the world.



              "JISC Collections Online    means the online subscription ordering service developed by JISC
              Ordering Service"           Collections The JISC Collections Online Ordering Service can be
                                          found at www.jisc-collections.ac.uk.




              "Licensed Material"         means the material licensed in this Agreement known to the parties as
                                          „De Gruyter Online Journal Archive‟, being a digital archive of de
                                          Gruyter journals published between 1826 and 2010, as further
                                          described in Schedule 2.

              "Offer"                     means the offer as agreed between JISC Collections and the Publisher
                                          in the De Gruyter Online Journal Archive Agreement which is
                                          attached in Annex 1 hereto.


              "Order Confirmation         means the email to the Licensee, automatically generated by the JISC
              Email (Institution)"        Online Ordering Service after the Licensee has completed the
                                          Subscription Order and Acceptance Form, confirming that the
                                          Licensee has placed the order, the start and end date of the
                                          subscription period and that the JISC Collections has agreed to the
                                          terms and conditions of the Licence.

              "Order Confirmation         means the email to JISC Collections, automatically generated by the
              Email (JISC Collections)"   JISC Online Ordering Service after the Licensee has completed the
                                          Subscription Order and Acceptance Form, confirming that the
                                          Licensee has placed the order, the start and end date of the
                                          subscription period and that the Licensee has agreed to the terms and
                                          conditions of the Licence.

              "Order Confirmation         means the email to the publisher, automatically generated by the JISC
              Email (Publisher)"          Online Ordering Service after the Licensee has completed the
                                          Subscription Order and Acceptance Form, confirming that the




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                                             Licensee has placed the order, the start and end date of the
                                             subscription period and that the Licensee has agreed to the terms and
                                             conditions of the Licence.

              "Secure Authentication"       means access to the Licensed Material by Athens authentication or
                                            Security Assertion Mark-up Language (SAML) technology based
                                            authentication, Internet Protocol (“IP”) ranges or by another means of
                                            authentication agreed in writing between the Publisher and the
                                            Institution from time to time.


              "Secure Network"              means a network which is only accessible by Secure Authentication.


              "Subscription Order and       means the form used by JISC Collections as part of the JISC
              Acceptance Form"              Collections Online Ordering Service. A sample copy of the form is
                                            attached hereto in Annex 2 Once the completed form has been
                                            received by the JISC Collections Online Ordering Service, the system
                                            automatically generates an Order Confirmation Email (Institution) to
                                            the Licensee, Order Confirmation Email (JISC Collection) to JISC
                                            Collections and an Order Confirmation Email (Publisher) to the
                                            Publisher repeating the information on the form regarding the name of
                                            the Licensee, the resource, the start and end date of the subscription
                                            period and confirming the date on which the Licensee accepted the
                                            terms and conditions of the Licence.


1.2        Headings contained in this Agreement are for reference purposes only and shall not be deemed to be an
           indication of the meaning of the clause to which they relate.

1.3        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.




2.         AGREEMENT

2.1        By means of this Agreement the Publisher agrees (a) to provide the Institution with a copy of the Licensed
           Material as provided for in Clause 7; (b) to grant the Institution the licences to the Licensed Material on the
           terms set out in Clause 3; (c) to provide on-line access and allow on-line use of the Licensed Material by
           Authorised Users upon payment of an Access Free by the Institution;.


2.2        In consideration for receipt of the Licensed Material and the Publisher‟s licensing of the Licensed Material
           pursuant to Clause 3, the Institution undertakes to pay to the Publisher the Fee(s) in accordance with the
           provisions of Schedule 1.




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3.         LICENCE GRANT

3.1        The Publisher hereby grants to the Institution upon payment of the Content and Licence Fee a perpetual
           irrevocable non-exclusive licence:

           a) to mount the Licensed Material, to communicate the Licensed Material via a Secure Network, to make
           the Licensed Material available, to use and allow Authorised Users to access and use the Licensed Material
           all in accordance with the terms and conditions of this Agreement.

           b) to make available the Licensed Material to Authorised Users through any un-networked electronic
           means (e.g. FTP, CD-Rom) for use in accordance with the terms and conditions consistent with this
           Agreement.

3.2        The Publisher hereby grants to the Institution upon payment of the Access Fee a non-exclusive licence to
           access the Licensed Material on-line via the Publisher‟s platform or via a third party‟s platform on behalf of
           the Publisher and use the Licensed Material in accordance with the terms and conditions of this Agreement

3.3        The Publisher hereby grants to the Institution the right to appoint third parties to act on behalf of the
           Institution to mount the Licensed Material, to communicate the Licensed Material via a Secure Network, to
           make the Licensed Material available and to provide access to the Licensed Material in accordance with
           this Agreement so as to enable the Institution to exercise its rights under Clause 3.1. This arrangement shall
           be subject to an agreement between the Institution and the third party which is consistent with the terms of
           this Agreement where relevant.




4.         USE OF THE LICENSED MATERIAL

4.1        Throughout the term of this Agreement, the Institution may for Educational Purposes only:

           4.1.1      mount the Licensed Material on a stand-alone and/or a Secure Network or appoint a third party to
                      do this on its behalf, communicate, make available and provide access via a Secure Network to
                      Authorised Users in accordance with this Agreement. The right in this Clause 4.1.1 includes the
                      right to link the Licensed Material to a search engine or other facility developed to enable
                      Authorised Users to undertake full cross searching of the Licensed Material and the use of the
                      Licensed Material as necessary for the development of such a search engine or facility;

           4.1.2      make such copies or re-format the Licensed Material in any way to ensure its future preservation
                      and accessibility in accordance with this Agreement, provided such copying or re-formatting does
                      not alter the content of the Licensed Material in any way;

           4.1.3      access the Licensed Material and allow Authorised Users to access the Licensed Material via the
                      Publishers‟ platform if so requested and upon payment of the Access Fee to the Publisher. The
                      access and use of the Licensed Material shall be in accordance with this Agreement.

           4.1.4      make such temporary local electronic copies of all or part of the Licensed Material as are
                      necessary to ensure efficient use by Authorised Users, provided that such use is subject to all the
                      terms and conditions of this Agreement;



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           4.1.5      allow Authorised Users to access the Licensed Material by Secure Authentication in order to
                      search, retrieve, display and view, and otherwise use portions thereof;

           4.1.6      allow Authorised Users to electronically save parts of the Licensed Material;

           4.1.7      allow Authorised Users to print out copies of parts of the Licensed Material;


           4.1.8      provide single printed or electronic copies of parts of the Licensed Material at the request of
                      individual Authorised Users;


           4.1.9      supply to an authorised user of another library (whether by post, fax or secure electronic
                      transmission, using Ariel software or its equivalent, whereby the electronic file is deleted
                      immediately after printing) a single paper copy of an electronic original of parts of the Licensed
                      Material;


           4.1.10     incorporate parts of the Licensed Material for use by Authorised Users in printed and electronic
                      course packs, study packs, resource lists and in any other material (including but not limited to
                      multi-media works) to be used in the course of instruction and/or in virtual and managed
                      environments (including but not limited to virtual learning environments, managed learning
                      environments, virtual research environments and library environments) hosted on a Secure
                      Network. Each item shall carry appropriate acknowledgement of the source, listing title and
                      copyright owner. Course packs in non-electronic non-print perceptible form, such as Braille, may
                      also be offered to Authorised Users;


           4.1.11     allow Authorised Users to incorporate parts of the Licensed Material in printed or electronic form
                      in assignments and portfolios, theses and in dissertations (“the Academic Works”), including
                      reproductions of the Academic Works for personal use and library deposit, if such use conforms to
                      the customary and usual practice of the Institution provided that by so doing parts of the Licensed
                      Material will not be accessible to persons who are not Authorised Users except that reproductions
                      in printed or electronic form of Academic Works may be provided to sponsors of such Academic
                      Works.       Each item shall carry appropriate acknowledgement of the source, listing title and
                      copyright owner;


           4.1.12     display, download and print parts of the Licensed Material for the purpose of promotion of the
                      Licensed Material, testing of the Licensed Material, or for training Authorised Users;


           4.1.13     publicly display parts of the Licensed Material as part of a presentation at a seminar, conference,
                      or workshop, or other such similar activity;


           4.1.14     make such copies of training material and network such training material as may be required for
                      the purpose of using the Licensed Material in accordance with this Agreement.


           4.1.15     deposit in perpetuity the learning and teaching objects as referred to in Clause 4.1.10 in electronic
                      repositories operated by the Institution on a Secure Network and in the JORUM Repository. The




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                      access and use of such learning and teaching objects shall be governed by the terms and conditions
                      of the applicable repository.




4.2        This Agreement shall be deemed to complement and extend the rights of the Institution and Authorised
           Users 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 held by the Institution
           and Authorised Users from time to time under these Acts or any amending legislation.




5.         RESTRICTIONS

5.1        Save as provided herein, the Institution and Authorised Users may not:

                     5.1.1         sell or resell the Licensed Material unless the Institution or an Authorised User has been
                                   granted prior written consent by the Publisher to do so;

                     5.1.2         remove, obscure or modify copyright notices, text acknowledging or other means of
                                   identification or disclaimers as they appear;

                     5.1.3         alter, adapt or modify the Licensed Material in any manner, except to the extent necessary
                                   to make it perceptible on a computer screen, or as otherwise permitted in this Agreement.
                                   For the avoidance of doubt, no alteration of the words or their order is permitted;

                     5.1.4         display or distribute any part of the Licensed Material on any electronic network,
                                   including without limitation the Internet and the World Wide Web, and any other
                                   distribution medium now in existence or hereinafter created, other than by a Secure
                                   Network;

                     5.1.5         use all or any part of the Licensed Material for any Commercial Use or for any purpose
                                   other than Educational Purposes.

5.2        This Clause 5 shall survive termination of this Agreement for any reason.


6.         RESPONSIBILITIES OF THE INSTITUTION

6.1        The Institution will:

           6.1.1      issue passwords or other access information only to Authorised Users and use all reasonable
                      efforts to ensure that Authorised Users do not divulge their passwords or other access information
                      to any third party;

           6.1.2      use all reasonable efforts to ensure that only Authorised Users are permitted access to the Licensed
                      Material;

           6.1.3      use all reasonable efforts to ensure that all Authorised Users are made aware of and undertake to




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                      abide by the terms of this Agreement;

           6.1.4      use all reasonable efforts to monitor compliance and notify the Publisher immediately and provide
                      full particulars on becoming aware of any of the following(a) any unauthorised use of any of the
                      Institution's password(s); or(b) any breach by an Authorised User of the terms of this Agreement.
                      Upon becoming aware of any breach of the terms of this Agreement the Institution further agrees
                      promptly to fully investigate and initiate disciplinary procedures in accordance with the
                      Institution's standard practice and use all reasonable effort to ensure that such activity ceases and
                      to prevent any recurrence;

           6.1.5      comply with all computer security procedures required by Publisher and take all reasonable steps
                      to ensure the security of the Licensed Material; and

           6.1.6      provide lists of valid IP addresses to the Publisher and update those lists on a regular basis the
                      frequency of which will be agreed by the parties from time to time.




7.         RESPONSIBILITIES OF PUBLISHER

7.1        The Publisher agrees to provide the Institution on or before the Delivery Date with 1 complete copy of the
           Licensed Material in an appropriate format agreed by the Institution and the Publisher, which shall be
           accompanied by such instructions as the Institution will reasonably require to facilitate access to the
           Licensed Material. On receipt of the copy pursuant to this Clause 7.1, the Institution shall notify the
           Publisher of that receipt and shall confirm to the Publisher whether the copy contains content of a size and
           nature which appears consistent with that of the Licensed Material, provided always that such confirmation
           as to the size and nature shall on no account prejudice the Institution‟s right to assert that the Publisher has
           failed to fully comply with its obligation under this Clause 7.1. to a complete copy of the Licensed Material
           to the Institution.

7.2        Upon payment of the Access Fee, the Publisher shall ensure access and use of the Licensed Material via its
           platform or a third party platform on its behalf in accordance with the provisions as laid down in this
           Agreement.

7.3        The Publisher shall cause product support to be provided to the Institution and to Authorised Users.



8.         USAGE DATA

8.1        The parties shall co-operate in gathering any data on usage of the Licensed Material that is available to
           them during the term of this Agreement, and shall provide such data to each other upon request.
           Notwithstanding the foregoing, the parties shall neither assemble nor provide data from which an individual
           user could be identified.




9.         FEE




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9.1        The Institution will pay the Fee(s) to the Publisher for the rights granted to the Licensed Material in the
           amount and upon terms as set out in Schedule 1.



10.        TERM AND TERMINATION

10.1       This Agreement commences upon the start date as set out in the Subscription Order and Acceptance Form
           (and subsequently in the Order Confirmation Email (Institution) and Order Confirmation Email (JISC
           Collections)and, subject to the following sentence, will remain in full force and effect in perpetuity. For the
           avoidance of doubt, the parties agree that: (1) the Institution will be irrevocably entitled to retain the
           Licensed Material for which the Institution has paid the Content and Licence Fee (as defined in Schedule 1)
           in perpetuity; and (2), subject only to Clause 10.2, the licences granted by the Publisher to the Institution in
           Clause 3 irrevocable and will survive any termination of this Agreement.

10.2       The licences under this Agreement may be terminated by the Publisher giving notice in writing only if

           10.2.1     the Institution does not pay the applicable Content and Licence Fee in accordance with Schedule 1
                      unless the Institution remedies the breach within a 30 days period after receiving such notice;.

           10.2.2     the Institution materially breaches any other obligation under this Agreement and remains in such
                      breach after being given notice by the Publisher of such breach unless the Institution remedies
                      such breach within a 30 days period after receipt of such notice.


10.3       Without prejudice to Institution‟s irrevocable rights under 10.1, this Agreement may be terminated by the
           Institution giving notice in writing to the Publisher only if:


           10.3.1     the Publisher has failed to deliver the Licensed Material to the Institution in accordance with
                      Clause 7.1 unless the Publisher remedies such breach within a 30 days period after receiving
                      written notice of the breach;


           10.3.2     the Publisher materially breaches any other obligation under this Agreement and remains in such
                      breach being given notice by the Institution of such breach within a 30 days period after receipt of
                      such notice.


10.4       Upon termination of this Agreement by the Institution in accordance with Clause 10.3.1, the Institution will
           be under no obligation to make further payments to the Publisher of the Content and Licence Fee and
           Access Fee (where applicable) and the Publisher shall refund the Institution the Content and Licence Fee
           and the Access Fee (where applicable) received from the Institution within 30 days after the 30 days
           remedy period has expired. In the event of a material breach in accordance with Clause 10.3.2, the
           Institution can retain the Licensed Material and use it in accordance with Clauses 4 and 5 provided the
           Institution has paid the Content and Licence Fee and the Access Fee (where applicable) as outlined in
           Schedule 1.


10.5       Upon termination of this Agreement, copies of parts of the Licensed Material made by Authorised Users
           may be retained. Print copies may be used after termination of this Agreement subject to the terms of




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           Clauses 4 and 5 of this Agreement, which terms shall survive any termination of this Agreement. Save as
           provided for in Clause 4.1.15, the use of electronic copies after termination of this Agreement requires the
           authorisation from the Publisher (and no such use shall be made without such authorisation) and the
           conditions of use are not subject to this Agreement.



11.        ACKNOWLEDGEMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

11.1       Save a provided for in Clause 11.2, the Institution acknowledges that all Intellectual Property Rights in the
           Licensed Material are the sole and exclusive property of the Publisher or are duly licensed to the Publisher
           and that this Agreement does not assign or transfer to the Institution any right, title or interest therein
           except for the right to use the Licensed Material in accordance with the terms and conditions of this
           Agreement.

11.2       The Publisher hereby acknowledges that any database rights created by the Institution or a third party on its
           behalf as a result of local mounting of the Licensed Material as referred to in Clauses 4.1.and 4.2 shall be
           the property of the Institution, to the extent that Institution‟s and Authorised Users‟ use of the Licensed
           Materials while locally loaded complies with all terms and conditions of this Agreement.




12.        REPRESENTATIONS, WARRANTIES, INDEMNIFICATION                                  AND     LIMITATIONS          OF
           LIABILITY IN RESPECT OF THE LICENSED MATERIAL

12.1       The Institution represents and warrants that it has sufficient authority and rights to enter into and perform
           its obligations under this Agreement.

12.2       The Publisher warrants to the Institution that the Licensed Material and all Intellectual Property Rights
           therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in
           this Agreement does not infringe any Intellectual Property Rights of any natural or legal person. The
           Publisher agrees that Institution shall have no liability and the Publisher will indemnify, defend and hold
           Institution harmless against any and all damages, liabilities, claims, causes of action, legal fees and costs
           incurred by Institution in defending against any third party claim of Intellectual Property Rights
           infringements or threats of claims thereof with respect of Institution's use or an Authorised User‟s use of
           the Licensed Material, provided that: (1) the use of the Licensed Material has been in full compliance with
           the terms and conditions of this Agreement; (2) Institution provides the Publisher with prompt notice of any
           such claim or threat of claim; (3) Institution co-operates fully with the Publisher in the defence or
           settlement of such claim; and (4) the Publisher has sole and complete control over the defence or settlement
           of such claim.

12.3       Nothing in this Agreement shall make the Institution liable for breach of the terms of this Agreement by
           any Authorised User provided that the Institution did not cause, knowingly assist or condone the
           continuation of such breach after becoming aware of an actual breach having occurred.

12.4       Save as provided for in Clause 11.2, neither the Institution nor the Publisher will be liable to the other in
           contract or negligence or otherwise for (i) any special, indirect, incidental, punitive or consequential
           damages (ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings or for any
           increased costs or expenses.




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12.5       No party limits its liability for (i) death or personal injury to the extent it results from its negligence, or of
           its employees or agents in the course of their engagement; and (ii) its own fraud or that of its employees or
           agents in the course of their engagement.

12.6       The Publisher reserves the right to change the content, presentation, user facilities or availability of parts of
           the Licensed Material and to make changes in any software used to make the Licensed Material available at
           their sole discretion. The Publisher will notify the Institution of any substantial change to the Licensed
           Material.

12.7       The Publisher makes no representation and gives no warranty express or implied with regard to the
           accuracy of the information contained in or in any part of the Licensed Material and the fitness of such
           information or part for any purposes whatsoever and the Publisher accepts no liability for loss suffered or
           incurred by the Institution or Authorised Users as a result of their reliance on the Licensed Material or for
           any loss suffered or incurred as a result of pages being omitted from the Licensed Material in error
           provided the Publisher will rectify such omissions as soon as reasonably practical on being made aware of
           them.

12.8       The Institution agrees to notify the Publisher within 48 hours and provide full particulars in the event that it
           becomes aware of any actual, suspected or threatened claims by any third party in connection with works
           contained in the Licensed Material and do all things reasonably required to assist the Publisher in such
           claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim
           from other sources, the Publisher may remove such work(s) from the Licensed Material. Failure to report
           knowledge of any actual or threatened claim by any third party shall be deemed a material breach of this
           Agreement. At the request of the Publisher, the Institution will make all reasonable efforts to remove such
           work(s) from any copies of the Licensed Material maintained by the Institution.

12.9       The Institution represents to the Publisher that its computer system through which the Licensed Material
           will be used is configured, and procedures are in place, to prohibit access to the Licensed Material by any
           person other than an Authorised User; that it shall inform Authorised Users about the conditions of use of
           the Licensed Material; and that during the term of this Agreement, the Institution will continue to make all
           reasonable efforts to bar non-permitted access and to convey appropriate use information to its Authorised
           Users.




13.        FORCE MAJEURE

13.1       Either party‟s failure to perform any term or condition of this Agreement as a result of circumstances
           beyond the control of the relevant party (including without limitation, war, strikes, flood, governmental
           restrictions, and power, telecommunications or Internet failures or damages to or destruction of any
           network facilities) ["Force Majeure"] shall not be deemed to be, or to give rise to, a breach of this
           Agreement.

13.2       If either party to this Agreement is prevented or delayed in the performance of any of its obligations under
           this Agreement by Force Majeure and if such party gives written notice thereof to the other party specifying
           the matters constituting Force Majeure together with such evidence as it reasonably can give and specifying
           the period for which it is estimated that such prevention or delay will continue, then the party in question
           shall be excused the performance or the punctual performance as the case may be as from the date of such
           notice for so long as such cause of prevention or delay shall continue.



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14.        ASSIGNMENT

14.1       Neither this Agreement nor any of the rights under it may be assigned or sub-licensed by either party
           without obtaining the prior written consent of the other party. In any permitted assignment, the assignor
           shall procure and ensure that the assignee shall assume all rights and obligations of the assignor under this
           Agreement and agrees to be bound to all the terms of this Agreement.



15.        GOVERNING LAW AND DISPUTE RESOLUTION

15.1       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.

15.2       The parties agree to use best efforts to resolve disputes in an informal manner, by decision of the Managing
           Director of the Publisher and the [Vice Chancellor] of the Institution. Where the parties agree that a
           dispute arising out of or in connection with this Agreement would best be resolved by the decision of an
           expert, they will agree upon the nature of the expert required and together appoint a suitable expert by
           agreement. In default of agreement upon whom to appoint as a suitable expert, such expert shall upon the
           request of either party be appointed by the Chair for the time being of Universities UK
           (http://www.universities.co.uk).

15.3       Any person to whom a reference is made under Clause 15.2 shall act as expert and not as an arbitrator and
           his decision (which shall be given by him in writing and shall state the reasons for his decision) shall be
           final and binding on the parties except in the case of manifest error or fraud.

15.4       Each party shall provide the expert with such information and documentation as he may reasonably require
           for the purposes of his decision.

15.5       The costs of the expert shall be borne by the parties in such proportions as the expert may determine to be
           fair and reasonable in all circumstances or, if no determination is made by the expert, by the parties in equal
           proportions.




16.        NOTICES

16.1       All notices required to be given under this Agreement shall be given in writing in English and sent by
           courier or special delivery to the relevant addressee at its address set out below, or to such other address as
           may be notified by either party to the other from time to time under this Agreement, and all such notices
           shall be deemed to have been received three days after posting where sent by special delivery or on
           despatch in the case of despatch by courier




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           if to the Institution:                       [insert details]

           if to the Publisher                          [insert details]


17.        GENERAL

17.1       This Agreement, Schedules and Annexes constitute the entire agreement between the parties relating to the
           Licensed Material 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.

17.2       The Schedules and Annexes shall have the same force and effect as if expressly set in the body of this
           Agreement and any reference to this Agreement shall include the Schedules and Annexes.

17.3       The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in
           force of the remainder of this Agreement.

17.4       The rights of the parties arising under this Agreement shall not be waived except in writing. Any waiver of
           any of a party's rights under this Agreement or of any breach of this Agreement 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 Agreement 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.




de Gruyter Journal Archive final                           13
                                   SCHEDULE 1: FEES AND PAYMENT TERMS

1. By completing the Subscription Order and Acceptance Form as part of the JISC Collections Online Ordering
Service, the Licensee accepts the terms of this Licence and accepts that it must pay to the Publisher the total sum of
the charges for the purchase of the content of the Licensed Material, the supply of the Licensed Material and the
rights granted in this Agreement. All prices are exclusive of VAT, which will be payable where applicable.


2. For the avoidance of doubt the term of this Licence will commence upon the date as set out in the Subscription
Order and Acceptance Form and will remain in full force and effect in perpetuity.




de Gruyter Journal Archive final                          14
                                           SCHEDULE 2: LICENSED MATERIAL


                                                                            Available
                                   Title                     First publ.   back files to   Subject Group           ISBN
                                                                              date**

                                                                                             Library and
 ABI-Technik                                                   1981        2004 - 2010       Information     978-3-11-026264
                                                                                               Science
 Advances in Calculus of Variations                            2008         complete            STM          978-3-11-026116

 Advances in Geometry                                          2001         complete            STM          978-3-11-026522

 Advances in Pure and Applied Mathematics                      2010         complete            STM          978-3-11-026523

                                                                                             Linguistics /
 Angermion                                                     2008            2010          Literature /    978-3-11-026061
                                                                                           Communications
                                                                                             Linguistics /
 Anglia                                                        1878         complete         Literature /    978-3-11-026413
                                                                                           Communications
                                                                                              Classical
 Antike und Abendland                                          1944         complete          Studies /      978-3-11-026354
                                                                                              Theology
 Apeiron                                                       1965         complete         Philosophy      978-3-11-026293

                                                                                             Linguistics /
 Arbitrium                                                     1983        1985 - 2010       Literature /    978-3-11-026414
                                                                                           Communications
                                                                                             Linguistics /
 Arcadia                                                       1966         complete         Literature /    978-3-11-026420
                                                                                           Communications
 Archiv für Geschichte der Philosophie                         1888         complete         Philosophy      978-3-11-026294

                                                                                              Classical
 Archiv für Papyrusforschung und verwandte Gebiete             1901         complete          Studies /      978-3-11-026355
                                                                                              Theology
                                                                                              Classical
 Archiv für Religionsgeschichte                                1999         complete          Studies /      978-3-11-026356
                                                                                              Theology
                                                                                              Classical
 Aschkenas                                                     1991         1992-2010         Studies /      978-3-11-026357
                                                                                              Theology
                                                                                             Linguistics /
 Beiträge zur Geschichte der deutschen Sprache und
                                                               1874         complete         Literature /    978-3-11-026422
 Literatur (PBB)
                                                                                           Communications
                                                                                             Library and
 BIBLIOTHEK Forschung und Praxis                               1977         complete         Information     978-3-11-026306
                                                                                               Science
 BIOInorganic Reaction Mechanisms                              2003        2005 - 2010          STM          978-3-11-026524




de Gruyter Journal Archive final                       15
 Biological Chemistry                                       1877    complete          STM          978-3-11-026506

 BIOmaterialien                                             1999   2004-2010          STM          978-3-11-026526

 Biomedizinische Technik/Biomedical Engineering             1956    complete          STM          978-3-11-026527

 BioMolecular Concepts                                      2010    complete          STM          978-3-11-026530

 Botanica Marina                                            1959    complete          STM          978-3-11-026531

                                                                                    Classical
 Byzantinische Zeitschrift                                  1892    complete        Studies /      978-3-11-026358
                                                                                    Theology
                                                                                    Classical
                                                                     not yet
 Chinese Archaeology                                        2001                    Studies /      978-1-934078-80
                                                                    available
                                                                                    Theology
                                                                                   Linguistics /
                                                                     not yet
 Chinese Journal of Applied Linguistics                     1978                   Literature /    978-3-11-026423
                                                                    available
                                                                                 Communications
 Clinical Chemistry and Laboratory Medicine                 1963    complete          STM          978-3-11-026532

                                                                                   Linguistics /
 Cognitive Linguistics                                      1990    complete       Literature /    978-3-11-026424
                                                                                 Communications
                                                                                   Linguistics /
 Communications                                             1976    complete       Literature /    978-3-11-026425
                                                                                 Communications
                                                                                   Linguistics /
 Contemporary Japan                                         2010    complete       Literature /    978-3-11-026426
                                                                                 Communications
                                                                                   Linguistics /
 Corpus Linguistics and Linguistic Theory                   2005    complete       Literature /    978-3-11-026427
                                                                                 Communications

 Corrosion Reviews                                          1983   2008-2010          STM          978-3-11-026534

                                                                                    Classical
 Der Islam                                                  1910   1919 - 2009      Studies /      978-3-11-026359
                                                                                    Theology
                                                                                    Classical
 Deuterocanonical and Cognate Literature Yearbook           2005    complete        Studies /      978-3-11-026360
                                                                                    Theology
 Deutsche Zeitschrift für Wirtschafts- und Insolvenzrecht   1991    complete          Law          978-3-11-026311

                                                                                   Linguistics /
 Dialectologia et Geolinguistica                            1993    complete       Literature /    978-3-11-026428
                                                                                 Communications
 Discrete Mathematics and Applications                      1991    complete          STM          978-3-11-026535

 Drug Metabolism and Drug Interactions                      1986   2009-2010          STM          978-3-11-026536

                                                                                   Linguistics /
 editio                                                     1988    complete       Literature /    978-3-11-026429
                                                                                 Communications
                                                                                   Linguistics /
 English and American Studies in German                     1969    complete       Literature /    978-3-11-026430
                                                                                 Communications




de Gruyter Journal Archive final                     16
 European Company and Financial Law Review              2004    complete          Law          978-3-11-026319

                                                                               Linguistics /
 European Journal of Scandinavian Studies               2000   2008 - 2010     Literature /    978-3-11-026431
                                                                             Communications
 European Review of Contract Law                        2005    complete          Law          978-3-11-026320

                                                                               Linguistics /
 Fabula                                                 1958    complete       Literature /    978-3-11-026432
                                                                             Communications
                                                                               Linguistics /
 Folia Linguistica                                      1967    complete       Literature /    978-3-11-026433
                                                                             Communications
                                                                               Linguistics /
 Folia Linguistica Historica                            1980    complete       Literature /    978-3-11-026434
                                                                             Communications

 Forum Mathematicum                                     1989    complete          STM          978-3-11-026529

 Frequenz                                               1946   1949-2010          STM          978-3-11-026537

                                                                                Classical
 Frühmittelalterliche Studien                           1967    complete        Studies /      978-3-11-026361
                                                                                Theology
                                                                               Linguistics /
 Georg Büchner Jahrbuch                                 1981    complete       Literature /    978-3-11-026435
                                                                             Communications
                                                                               Linguistics /
 George Jahrbuch                                        1996   2008-2010       Literature /    978-3-11-026436
                                                                             Communications
 Georgian Mathematical Journal                          1994    complete          STM          978-3-11-026550

 Groups - Complexity - Cryptology                       2009    complete          STM          978-3-11-026551

 Heterocyclic Communications                            1995      2009            STM          978-3-11-026552

 High Temperature Materials and Processes               1981   1984 - 2010        STM          978-3-11-026553

 Holzforschung                                          1947    complete          STM          978-3-11-026554

 Hormone Molecular Biology and Clinical Investigation   2010    complete          STM          978-3-11-026555

                                                                               Linguistics /
 Humor                                                  1988    complete       Literature /    978-3-11-026274
                                                                             Communications
                                                                               Linguistics /
 Iberoromania                                           1969    complete       Literature /    978-3-11-026438
                                                                             Communications
                                                                               Linguistics /
 Indogermanische Forschungen                            1892    complete       Literature /    978-3-11-026439
                                                                             Communications
                                                                               Linguistics /
 Intercultural Pragmatics                               2004    complete       Literature /    978-3-11-026440
                                                                             Communications
                                                                               Linguistics /
 International African Bibliography                     1971    complete       Literature /    978-3-11-026441
                                                                             Communications




de Gruyter Journal Archive final                   17
 International Journal of Adolescent Medicine and Health      1989     2008-2010          STM          978-3-11-026556

 International Journal of Nonlinear Sciences and Numerical
                                                              2000     2009-2010          STM          978-3-11-026557
 Simulation
                                                                                        Classical
 International Journal of Practical Theology                  1997      complete        Studies /      978-3-11-026362
                                                                                        Theology
                                                                                       Linguistics /
 International Journal of the Sociology of Language           1974      complete       Literature /    978-3-11-026442
                                                                                     Communications
 International Journal of Turbo and Jet Engines               1983     2009-2010          STM          978-3-11-026559

 International Journal on Disability and Human                 1990
                                                                       2009-2010          STM          978-3-11-026560
 Development                                                  (2010)
                                                                                       Linguistics /
 Internationales Archiv für Sozialgeschichte der deutschen
                                                              1976      complete       Literature /    978-3-11-026443
 Literatur
                                                                                     Communications
 Internationales JB des deutschen Idealismus                  2002      complete       Philosophy      978-3-11-026295

                                                                                       Linguistics /
 IRAL - International Review of Applied Linguistics in
                                                              1963      complete       Literature /    978-3-11-026444
 Language Teaching
                                                                                     Communications
                                                                                       Linguistics /
 Jahrbuch der Raabe-Gesellschaft                              1960      complete       Literature /    978-3-11-026445
                                                                                     Communications

 Jahrbuch für Wissenschaft und Ethik                          1996      complete       Philosophy      978-3-11-026296

                                                                                       Linguistics /
 JB für Germanistische Sprachgeschichte                       2010      complete       Literature /    978-3-11-026446
                                                                                     Communications
                                                                                        Classical
 Journal for the History of Modern Theology/Zeitschrift für
                                                              1994      complete        Studies /      978-3-11-026363
 Neuere Theologiegeschichte
                                                                                        Theology

 Journal für die reine und angewandte Mathematik              1826      complete          STM          978-3-11-026561

                                                                                       Linguistics /
 Journal of African Languages and Linguistics                 1979      complete       Literature /    978-3-11-026455
                                                                                     Communications

 Journal of Applied Analysis                                  1995      complete          STM          978-3-11-026562

 Journal of Applied Geodesy                                   2007      complete          STM          978-3-11-026563

 Journal of Basic and Clinical Physiology and
                                                              1989     1987 - 2010        STM          978-3-11-026564
 Pharmacology

 Journal of European Tort Law                                 2010      complete          Law          978-3-11-026321

 Journal of Group Theory                                      1998      complete          STM          978-3-11-026565

 Journal of Intelligent Systems                               1990     2009-2010          STM          978-3-11-026566

 Journal of Inverse and Ill-Posed Problems                    1993      complete          STM          978-3-11-026567

                                                                                       Linguistics /
 Journal of Literary Semantics                                1972      complete       Literature /    978-3-11-026457
                                                                                     Communications



de Gruyter Journal Archive final                      18
                                                                                   Linguistics /
 Journal of Literary Theory                              2007       complete       Literature /    978-3-11-026458
                                                                                 Communications
                                                                     not yet
 Journal of Manufacturing Science & Production           1998                         STM          978-3-11-026569
                                                                    available

 Journal of Mathematical Cryptology                      2007       complete          STM          978-3-11-026570

 Journal of Non-Equilibrium Thermodynamics               1976       complete          STM          978-3-11-026571

 Journal of Optical Communications                       1980       complete          STM          978-3-11-026572

 Journal of Pediatric Endocrinology & Metabolism         1985       complete          STM          978-3-11-026573

 Journal of Perinatal Medicine                           1973       complete          STM          978-3-11-026574

                                                                                   Linguistics /
 Journal of Politeness Research                          2005       complete       Literature /    978-3-11-026459
                                                                                 Communications
 Journal of Polymer Engineering                          1981      2009-2010          STM          978-3-11-026575

 Journal of the Mechanical Behavior of Materials         1983      1989 - 2010        STM          978-3-11-026576

 Juristische Rundschau                                   1925       complete          Law          978-3-11-026322

 Kadmos                                                  1962       complete       Philosophy      978-3-11-026297

 Kant Yearbook                                           2009       complete       Philosophy      978-3-11-026299

 Kant-Studien                                            1897       complete       Philosophy      978-3-11-026300

                                                                                    Classical
 Kierkegaard Studies Yearbook                            1996       complete        Studies /      978-3-11-026364
                                                                                    Theology
                                                                                   Linguistics /
 Kritikon Litterarum                                    ca. 1974   2007-2010       Literature /    978-3-11-026466
                                                                                 Communications
 LaboratoriumsMedizin                                    1977       complete          STM          978-3-11-026577

                                                                                   Linguistics /
 Laboratory Phonology                                    2010       complete       Literature /    978-3-11-026467
                                                                                 Communications
                                                                                   Linguistics /
 Language and Cognition                                  2009       complete       Literature /    978-3-11-026468
                                                                                 Communications
                                                                                   Linguistics /
 Lebende Sprachen                                        1956       complete       Literature /    978-3-11-026469
                                                                                 Communications
                                                                                   Linguistics /
 Lexicographica                                          1985       complete       Literature /    978-3-11-026470
                                                                                 Communications
                                                                                   Library and
 Libri                                                   1950       complete       Information     978-3-11-026307
                                                                                     Science
                                                                                   Linguistics /
 Linguistic Typology                                     1997       complete       Literature /    978-3-11-026472
                                                                                 Communications



de Gruyter Journal Archive final                   19
                                                                                  Linguistics /
 Linguistics                                             1963      complete       Literature /    978-3-11-026473
                                                                                Communications

 Main Group Metal Chemistry                              1987     1994 - 2010        STM          978-3-11-026578

 Mammalia                                                1936      complete          STM          978-3-11-026579

                                                                                  Library and
 Microform & Digitization Review                         1972      complete       Information     978-3-11-026308
                                                                                    Science
                                                                                   Classical
 Millennium JB                                           2004      complete        Studies /      978-3-11-026366
                                                                                   Theology

 Monte Carlo Methods and Applications                    1995      complete          STM          978-3-11-026580

                                                                                  Linguistics /
 Multilingua                                             1982      complete       Literature /    978-3-11-026474
                                                                                Communications
                                                                                   Classical
 Naharaim                                                2007      complete        Studies /      978-3-11-026367
                                                                                   Theology
                                                                                   Classical
 Neue Zeitschrift für Systematische Theologie und
                                                         1959      complete        Studies /      978-3-11-026368
 Religionsphilosophie
                                                                                   Theology
 Nietzsche Studien                                       1972     1973-2010       Philosophy      978-3-11-026302

                                                                                  Library and
 PIK - Praxis der Informationsverarbeitung und
                                                         1978      complete       Information     978-3-11-026309
 Kommunikation
                                                                                    Science
                                                                                   Classical
 Praehistorische Zeitschrift                             1909      complete        Studies /      978-3-11-026369
                                                                                   Theology
                                                                                  Linguistics /
 Probus                                                  1989      complete       Literature /    978-3-11-026475
                                                                                Communications
                                                                                  Linguistics /
 Quellen und Forschungen aus ital. Archiven und Bibl.    1898?    2009-2010       Literature /    978-3-11-026476
                                                                                Communications
 Random Operators and Stochastic Equations               1993      complete          STM          978-3-11-026581

                                                                                  Library and
 Restaurator                                             1970      complete       Information     978-3-11-026310
                                                                                    Science
 Reviews in Analytical Chemistry                         1982     2009-2010          STM          978-3-11-026582

                                                          1985
 Reviews in Chemical Engineering                                   complete          STM          978-3-11-026583
                                                         (2010)
                                                                    not yet
 Reviews in Inorganic Chemistry                          1981                        STM          978-3-11-026584
                                                                   available

 Reviews in the Neurosciences                            1990     2009-2010          STM          978-3-11-026585

 Reviews on Environmental Health                         1986     2009-2010          STM          978-3-11-026586

                                                                                  Linguistics /
 Rhetorik                                                1980      complete       Literature /    978-3-11-026480
                                                                                Communications




de Gruyter Journal Archive final                    20
                                                                                   Linguistics /
 Romanistisches Jahrbuch                                      1948   complete      Literature /    978-3-11-026481
                                                                                 Communications
 Russian Journal of Numerical Analysis and Mathematical
                                                              1986   complete         STM          978-3-11-026587
 Modelling

 SATS - Northern European Journal of Philosophy               2000   complete      Philosophy      978-3-11-026304

 Science and Engineering of Composite Materials               1993   2009-2010        STM          978-3-11-026588

                                                                                   Linguistics /
 Scientia Poetica                                             1997     2010        Literature /    978-3-11-026482
                                                                                 Communications
                                                                                   Linguistics /
 Semiotica                                                    1969   complete      Literature /    978-3-11-026483
                                                                                 Communications
                                                                                   Linguistics /
 Sociolinguistica                                             1987   complete      Literature /    978-3-11-026484
                                                                                 Communications
                                                                                   Linguistics /
 Text & Talk                                                  1981   complete      Literature /    978-3-11-026485
                                                                                 Communications
                                                                                   Linguistics /
 The African Book Publishing Record                           1975   complete      Literature /    978-3-11-026486
                                                                                 Communications
                                                                                   Linguistics /
 The Linguistic Review                                        1981   complete      Literature /    978-3-11-026487
                                                                                 Communications
                                                                                   Linguistics /
 Theoretical Linguistics                                      1974   complete      Literature /    978-3-11-026488
                                                                                 Communications
                                                                                    Classical
 Trends in Classics                                           2009   complete       Studies /      978-3-11-026273
                                                                                    Theology
 Wittgenstein Studien. Neue Folge                             2010   complete      Philosophy      978-3-11-026305

                                                                                   Linguistics /
 Yearbook of Phraseology                                      2010   complete      Literature /    978-3-11-026489
                                                                                 Communications
                                                                                   Linguistics /
 Zeitschrift für Angewandte Linguistik                        1999     2010        Literature /    978-3-11-026490
                                                                                 Communications
                                                                                    Classical
 Zeitschrift für Antikes Christentum/Journal of Ancient
                                                              1997   complete       Studies /      978-3-11-026370
 Christianity
                                                                                    Theology
                                                                                    Classical
 Zeitschrift für Assyriologie und Vorderasiatische
                                                              1886   complete       Studies /      978-3-11-026371
 Archäologie
                                                                                    Theology
                                                                                   Linguistics /
 Zeitschrift für celtische Philologie                         1897   complete      Literature /    978-3-11-026491
                                                                                 Communications
                                                                                    Classical
 Zeitschrift für die Alttestamentliche Wissenschaft           1881   complete       Studies /      978-3-11-026372
                                                                                    Theology

 Zeitschrift für die gesamte Strafrechtswissenschaft          1881   complete         Law          978-3-11-026323

                                                                                    Classical
 Zeitschrift für die Neutestamentliche Wissenschaft und die
                                                              1900   complete       Studies /      978-3-11-026373
 Kunde der Älteren Kirche
                                                                                    Theology




de Gruyter Journal Archive final                       21
                                                                                                   Linguistics /
 Zeitschrift für Germanistische Linguistik                                     1973   complete     Literature /    978-3-11-026492
                                                                                                 Communications
                                                                                                   Linguistics /
 Zeitschrift für Rezensionen zur germanistischen
                                                                               2009   complete     Literature /    978-3-11-026493
 Sprachwissenschaft
                                                                                                 Communications
                                                                                                   Linguistics /
 Zeitschrift für romanische Philologie                                         1877   complete     Literature /    978-3-11-026494
                                                                                                 Communications
                                                                                                   Linguistics /
 Zeitschrift für Sprachwissenschaft                                            1982   complete     Literature /    978-3-11-026495
                                                                                                 Communications
 Zeitschrift für Unternehmens- und Gesellschaftsrecht                          1972   complete        Law          978-3-11-026324
**Current status May 2011 - more back files in the process of digitalisation




de Gruyter Journal Archive final                                  22
                                        ANNEX 1: OFFER


Content and Licence fee
Complete Archive 1826–2010
155 titles
List price: € 121,990.00


JISC Band              Price
     A-B           € 87 135.71
     C-J           € 82 010.08




Subject Packages:


Science/Technology/Medicine (STM)
52 titles
List price: € 44,190.00


JISC Band              Price
     A-B            € 33 421.0
     C-J           € 31 564.28


Linguistics/Literature/Communications
59 titles
List price: € 41,490.00


JISC Band              Price
     A-B           € 31 378.99
     C-J           € 29 635.72


Classical Studies/Theology
21 titles
List price: € 16,490.00


JISC Band              Price
     A-B            €12 471.42
     C-J           € 11 778.57


Philosophy
10 titles
List price: € 6,590.00



de Gruyter Journal Archive final              23
JISC Band              Price
     A-B            € 4 984.00
     C-J            € 4 707.14


Library and Information Science
6 titles
List price: € 3,190.00


JISC Band              Price
     A-B            € 2 412.60
     C-J            € 2 278.57


Law
7 titles
List price: € 10,290.00


JISC Band              Price
     A-B            € 7 782.34
     C-J            € 7 350.19



Access fees
The publisher does not charge access fees for this resource.


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In the event that at any time during the term of this Agreement the Publisher agrees to make the Licensed Material
available to any Institution for a lower fee than the fee calculated for such Institution in this Schedule, the fee
payable by an Subscribing Institution in the same band as set out in this Offer shall be varied to such lower fee and
the Publisher agrees to repay each Subscribing Institution in the same JISC Collections band, as the Institution to
which the offer was made, the difference between the fee calculated for such Subscribing Institution in this Schedule
and the lower fee for each year of the term of the Licence signed between the Publisher and such Subscribing
Institution.




de Gruyter Journal Archive final                         24
                         ANNEX 2: ORDER CONFIRMATION AND ACCEPTANCE FORM




de Gruyter Journal Archive final               25

				
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