IN ADDITION TO COMPLIANCE WITH THE STANDARD TERMS AND CONDITIONS FOR THE BRITISH LIBRARY DOCUMENT SUPPLY SERVICES,

IF YOU HAVE SUBSCRIBED TO THE BRITISH LIBRARYS INTERNATIONAL NON-COMMERCIAL DOCUMENT SUPPLY SERVICE (INCD SERVICE) YOU MUST ALSO COMPLY WITH THE FOLLOWING SPECIAL TERMS AND CONDITIONS.

INTERNATIONAL

NON-COMMERCIAL

DOCUMENT

SUPPLY

(INCD)

SERVICE

SPECIAL TERMS AND CONDITIONS: 1. Definitions

In these terms and conditions, the following terms shall have the following meanings:

Annual End User Statement means either of the statements set out in Schedule 2 which shall be signed and delivered by each End User as appropriate, once in each calendar year such End User requires Copies; Cap means the numerical limitation of the number of Copies that can be requested from the Library by the Institution as more particularly set out in Schedule 1; Copy means a single copy of an Item, which will be supplied by Us to You in accordance with this Agreement. End User means Your employees and those affiliated to You including, students and researchers End User Statement means either of the statements set out in Schedule 3 which shall be signed

and delivered by each End User as appropriate, before they are permitted access to any Copies of Items (whether electronic and/or paper); Item means one whole article (in relation to journals or serials), one unit (in the event of Current Protocols as described at http://www.currentprotocols.com) or one review (in the event of review publications written by various authors). Non-Commercial Use means use: 1) solely for the purposes of learning, teaching, academic research, scientific research or private study, or; 2) in the course of activities that are purely non-commercial and exclusively and directly concerned with the exercise or administration of government, connected with norm setting or quasi-judicial or judicial in nature; and not for the direct purpose of monetary reward. 1

INCD Service means Our international non-commercial overseas document supply service whereby a Copy of an Item is supplied to the Institution for Non-Commercial Use by an End User with a reduced Copyright Fee. . Registration Forms means the form/s that You have completed and signed to request a subscription to Our document supply and/or INCD Services. Request means a document delivery order from You requesting Us to deliver a specified Item or Items. Rights Holders means the persons or organisations other than Us who own or control the rights to the journals and other periodicals, books and other such publications, copies of Items from which are delivered to You by the Us under these Special Terms and Conditions. Special Terms and Conditions means these terms and conditions together with all schedules relating specifically to the INCD Service Standard Terms and Conditions means the British Library Standard Terms and Conditions for Document Supply available at http://www.bl.uk/terms You or Your means the organisation or individual subscribing to the INCD Service. Us We Our means The British Library Board.

2. Your Obligations:

You shall: 2.1. Supply a Copy to an End User for Non-Commercial Use only; 2.2 Be permitted to forward End Users an e-link to the Copy (provided that (i) the End User has opted for electronic delivery of the Item rather than picking up a paper copy of the Article and (ii) You have obtained an End User Statement; 2.3 Demand once every 12 months an appropriate Annual End User Statement from each End User who wishes to request Copies; 2.4 Scan the Annual End User Statement signed by each End User and make the scan available to Us for inspection by Our Staff; 2.5 Where the End User Statement is not stored electronically scan or keep the said End User Statement; 2.6 Make the Copy available for collection by the End User as a paper copy which has to be picked up in person on Your premises once the Copy End User Statement has been duly signed; 2.7 2.8 Implement the Cap; be liable for any amount or amounts payable to the Rights Holder for exceeding the Cap 2

2.9

Inform End Users of right of Rights Holder pursuant to the Contracts (Rights of Third Parties) Act 1999, to take legal action directly against any End User, to enforce the restrictions in this Agreement; and

2.10 Comply with the Standard Terms and Conditions. In the event of any conflict between the Standard Terms and Conditions and these Special Terms and Conditions, it is these Special Terms and Conditions that will prevail.

3. Copyright Issues

3.1 You may access Copies to the extent necessary and solely for the purpose of supplying such Copies to End Users in accordance with clause 2. Where Copies are supplied to You electronically, You shall employ reasonable technical protection measures to protect such Copy. Once a Copy has been distributed or supplied to the End User by You, You shall (i) immediately delete all electronic versions of that Copy from all electronic storage media under Your control or possession and (ii) not circumvent or interfere with any technical protection measure forming part of the delivery of Copies by Us. You hereby acknowledge and agree that any circumvention or breach of the technical protection measure, the causing of unauthorised deliveries; or the unauthorised use of passwords may, after one initial warning by Us, lead to the suspension and/or permanent termination of these Special Terms and Conditions.

3.2 Except as expressly permitted by these Special Terms and Conditions, You may not upload, mount or distribute any Copy of an Item on any electronic network, including without limitation the Internet and the World Wide Web, other than forwarding the Copy to the End User; and You will use reasonable endeavours to ensure that all End Users are aware of and comply with these restrictions.

4. Notices

4.1 Any notice required or permitted under the terms of this Agreement or required by statute, law or regulation shall (unless otherwise provided) be in writing and shall be delivered in person, sent by facsimile (with a copy being sent simultaneously by registered mail) or registered mail, properly posted and fully prepaid in an envelope properly addressed to the respective Parties as follows:

For Us: Mr Benjamin White, The British Library, 96 Euston Road, London, NW1 3

2DB, United Kingdom tel. 0207 412 7307, fax 0207 412 7771

For You: Contact details that have been provided by You in the Registration Form/s.

4.2 Any such notice shall be in the English language and shall be considered to have been given on the first working day of actual delivery or sending by facsimile or in any other event within seven working days after it was posted in the manner specified.

5. Audit

5.1 You shall store safely for a period of six years commencing at the end of the calendar year during which an End User Statement and Annual End User Statement is received duly signed, details of the transactions requested and carried out for all End Users during any 12 month period. You shall permit Us, the Rights Holder and/or any authorised representative of these on reasonable notice to inspect these records. You shall also keep signed hard copies of the End User Statement for a period of two years after any claim is time-barred or rendered non-enforceable by virtue of the lapse of time or expiry of the period applicable under local statute of limitations provisions or at least for a period of six years from signature.

5.2 We shall be permitted to conduct spot checks of End User Statements randomly and, if applicable, on the basis of reported suspected abuses.

6. Rights of third parties

No party other than the (i) You (ii) Us and (iii) Rights Holder shall have any rights under this Agreement. The parties hereby agree that no party other than the Rights Holder shall have any rights of enforcement under the terms of the Contracts (Rights of Third Parties) Act 1999. As between the Rights Holder and You, it shall be permissible for the Rights Holder to bring a third-party action or an action based on any other ground in a competent court having jurisdiction in the country where You are situated. Where a choice of English and Welsh law is not recognised by the court in question, the Rights Holder may rely on local law and any statute or legal practice or the common law that admits third parties to bring a contractual claim. 4

7. Survival of Terms

The obligations of the parties under Clauses 2.10, 3.1, 5, 6, and 8 hereof, together with such other clauses as may reasonably be construed as surviving termination, shall survive the termination of these Special Terms and Conditions.

8. Governing Law and Entire Agreement

8.1 The parties hereby agree that these Special Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English Courts. Notwithstanding the above the Rights Holder may apply for urgent or temporary remedies, including injunctive relief against You, pending any action in the English or Welsh courts, whether based on any legal right of action under contract or copyright law, or on any other legal grounds. Moreover, as between the Rights Holder and You, the Rights Holder shall be at liberty to litigate in a local competent court having jurisdiction over You. Moreover, the Rights Holder may, at its election, take action against You in a competent court in the jurisdiction where the You are located, and You shall not object to the application of local national law. Where the local law applies irrespective of any choice of law of the parties, the parties shall accept third party rights of action under that local national law.

8.2 These Special Terms and Conditions, together with all its schedules, any Registration Form/s and the Standard Terms and Conditions shall be the entire agreement between the parties in respect of the INCD Service and shall supersede all other documents between the parties in relation to the INCD Service.

Schedule 1: the Cap Type of Item Number of Copies of Items that may be ordered by End Users in a calendar year Copies published in the same annual volume of a journal or serial. Unit or review from the same Current Protocol 9 9

Schedule 2 Annual Government End User Statement

To be signed by all End Users wishing to access Copies supplied to the Institution by the British Library:

I ., hereby declare that:

1.

I am currently a full-time employee of .. . a central governmental establishment (the Institution), and I confirm that my ordering of Copies is concerned with activities that are purely non-commercial and exclusively and directly concerned with the exercise or administration of government, connected with norm setting or quasi-judicial or judicial in nature. I also confirm that I am a full-time member of staff;

2.

I agree that I will only use the Copies that I order for non-commercial use in the course of and for tasks limited to the scope of my employment.

3.

I agree that I will immediately inform the Institution if my status under points 1 and 2 above change.

4.

I understand that if any details I have provided in this statement are false, I will not be eligible to use The British Librarys International Non-Commercial Document Supply Service and I may be liable under contract law for misrepresentation.

Signed:

Name in Print:

Date:

Address:

Annual Educational End User Statement

To be signed by all End Users wishing to access Copies supplied to the Institution by the British Library:

I ., hereby declare that:

1.

I am currently affiliated to .. .an educational establishment (the Institution), to which the (the authorised library) is attached , and I am a registered student / member of staff / both (delete as appropriate);

2.

I agree that I will only use the Copies that I order for the purposes of private study or noncommercial use.

3.

I agree that I will immediately inform the Institution if my status under points 1 and 2 above change.

4.

I understand that if any details I have provided in this statement are false, I will not be eligible to use The British Librarys International Non-Commercial Document Supply Service and I may be liable under contract law for misrepresentation.

Signed:

Name in Print:

Date:

Address:

Schedule 3 Transactional Government End User Statement This Agreement is a legal agreement between you and [insert name of Institution] (Institution) setting out the manner in which you may use the copy of the item you have ordered. The particulars of the copy you have ordered are: [insert details] (the Copy).

By collecting the Copy in paper form and/or by downloading an electronic version of the Copy you are agreeing to be bound by the terms and conditions of this Agreement. 1. In consideration of your obligations under this Agreement, you are hereby given permission to use the Copy in the course of activities that are purely non-commercial and exclusively and directly concerned with the exercise or administration of government, connected with norm setting or quasi-judicial or judicial in nature.(Non-Commercial Use). Save as permitted under clause 2 below, you shall not copy, forward, distribute, modify, adapt, transform, translate, create any derivative work of the Copy, resell or use the Copy in any way that would either infringe any intellectual property rights subsisting in the Copy and/or amount to commercial use of the Copy. 2. If you have received an electronic link to access the Copy you hereby undertake to print the Copy once. 3. You hereby consent to the Institution disclosing any data relating to you to the publishers of the Copy (the Rights Holders) for the purposes of investigating and/or preventing any misuse of the Copy or breach of any term of this Agreement. 4. Unless told otherwise by the Institution, You acknowledge and agree to collect any paper-copies of the Copy, in person, from the Institutions premises. If you have been permitted access to the Copy via a secure electronic link, you hereby undertake not to, in anyway, interfere with or try to circumvent any restrictions or digital rights management systems that have been applied to electronic link and/or use of the Copy. 5. You declare that at the time you ordered the Copy, and at the time you collected the Copy, your principle address was based in the country in which the Institution is situated. 6. You shall not transfer, assign or otherwise dispose of any of the rights and obligations in this Agreement to any third party. 7. You hereby declare that you have not been previously supplied with a copy of the Copy by the Institution or another third party. 9

8.

You acknowledge and agree that:

8.1

any delay by the Institution to take any action or insist on your performance of this Agreement shall not constitute a waiver of the Institutions rights and remedies and shall not relieve you of any obligations under this Agreement;

8.2

this agreement shall form the entire agreement between me and the Institution and shall supersede any previous agreement between me and the Institution in relation to my use of the Copy;

8.3

this Agreement shall be governed by English Law and shall be submitted to the exclusive jurisdiction of the English and Welsh Courts.

8.4

that other than the Rights Holders, The British Library and the Institution no other party may enforce any term of this agreement or have any rights under the Contracts (Rights of Third Parties) Act 1999.

I . (print name) confirm that I have read and understood the terms of this Agreement set out above and I hereby accept and agree to be bound by the terms herein.

Signature:

Date:

Address:

10

Transactional Educational End User Statement This Agreement is a legal agreement between you and [insert name of Institution] (Institution) setting out the manner in which you may use the copy of the item you have ordered. The particulars of the copy you have ordered are: [insert details] (the Copy).

By collecting the Copy in paper form and/or by downloading an electronic version of the Copy you are agreeing to be bound by the terms and conditions of this Agreement. 1. In consideration of your obligations under this Agreement, you are hereby given permission to use the Copy for the purposes of learning, teaching, academic research, scientific research and private study (Non-Commercial Use). Save as permitted under clause 2 below, you shall not copy, forward, distribute, modify, adapt, transform, translate, create any derivative work of the Copy, resell or use the Copy in any way that would either infringe any intellectual property rights subsisting in the Copy and/or amount to commercial use of the Copy. 2. If you have received an electronic link to access the Copy you hereby undertake to print the Copy once. 3. You hereby consent to the Institution disclosing any data relating to you to the publisher of the Copy (the Rights Holders) for the purposes of investigating and/or preventing any misuse of the Copy or breach of any term of this Agreement. 4. Unless told otherwise by the Institution, You acknowledge and agree to collect any paper copies of the Copy, in person, from the Institutions premises. If you have been permitted access to the Copy via a secure electronic link, you hereby undertake not to, in anyway, interfere with or try to circumvent any restrictions or digital rights management systems that have been applied to electronic link and/or use of the Copy. 6. You declare that at the time you ordered the Copy, and at the time you collected the Copy, your principle address was based in the country in which the Institution is situated. 6. You shall not transfer, assign or otherwise dispose of any of the rights and obligations in this Agreement to any third party. 7. You hereby declare that you have not been previously supplied with a copy of the Copy by the Institution or another third party. 8. You acknowledge and agree that:

11

8.1

any delay by the Institution to take any action or insist on your performance of this Agreement shall not constitute a waiver of the Institutions rights and remedies and shall not relieve you of any obligations under this Agreement;

8.2

this agreement shall form the entire agreement between me and the Institution and shall supersede any previous agreement between me and the Institution in relation to my use of the Copy;

8.3

this Agreement shall be governed by English Law and shall be submitted to the exclusive jurisdiction of the English and Welsh Courts.

8.4

that other than the Rights Holders, The British Library and the Institution no other party may enforce any term of this agreement or have any rights under the Contracts (Rights of Third Parties) Act 1999.

I . (print name) confirm that I have read and understood the terms of this Agreement set out above and I hereby accept and agree to be bound by the terms herein.

Signature:

Date:

Address:

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