IET.Tv ONLINE LIBRARYTERMS of ACCEPTABLE USE for INSTITUTIONAL USERS

IET.tv ONLINE LIBRARYTERMS OF ACCEPTABLE USE FOR INSTITUTIONAL USERS

These Terms of Acceptable Use for Institutional Users (“Terms of Use”) form an integral part of your agreement with the IET. The use of this website is subject to our Privacy Policy and Cookies Notice. BY USING THE IET.tv ONLINE LIBRARY (“IET.tv Library”) you are accepting the Terms of Use of this licence (“LICENCE”), for and on behalf of your organisation, as registered with the IET (hereinafter referred to as the “Licensee”). If you do not wish to agree to these Terms of Use, you may not use IET.tv Library. In turn, the Institution of Engineering and Technology, registered office Savoy Place, London, WC2R 0BL, which is registered as a Charity in England & Wales (no 211014) and Scotland (no SC038698), with its principal place of business at Michael Faraday House, Six Hills Way, Stevenage, SG1 2AY, United Kingdom (herein referred to as “the IET”) grants to the Licensee and its Authorised Users at the Licensee’s Authorised Site(s) the right to access the IET.tv Library, subject to these same Terms of Use.

1.Authorised Sites

The Licensee may access the IET.tv Library at the site or sites of the organisation on whose behalf they are registering (“Authorised Site/s”).[DMC1]

2.Authorised Users

2.1.“Authorised Users” means only the employees, faculty, staff, and students officially affiliated with the Licensee at the Authorised Site(s), Walk-In Users and persons with legal access to the library’s collections and facilities via its secure network. For the purpose of this Licence, “Walk-In Users” are persons who are allowed by the Institution to access its information services from computer terminals or otherwise within the physical premises of the Institution.For the avoidance of doubt, Walk-In Users may be given means to access the Licensed Material by a wireless secure network on the Authorised Premises. Walk-In Users are not allowed off-site acces[DMC2]s to the Licensed Material and are not allowed access by any wireless network unless it is secure. Authorised Users shall be restricted to all those persons mentioned above[DMC3] who are: (i) based permanently within the country where the Authorised Site is located; or (ii) affiliated with remote sites or campuses of the Licencee within the country where the Authorised Site is located; and/or (iii) affiliated with the Licencee who are studying overseas at sites or campuses of a third party institution on a temporary basis.

3.IP Addresses

3.1. Authorised Users will be recognised by their internet address. IP addresses and/or address ranges for the Licensee are indicated upon registration with the IET and before access to the IET.tv Library is granted. The Licensee confirms that all IP addresses in the ranges listed upon registration are specifically controlled by the Licensee for computers under its administrative control, and for individual Authorised Users. Access to the IET.tv Library via open proxies and other non-authenticated proxy servers is prohibited.

4.Trialists

4.1.The Trial Period shall be for that period agreed between the parties.

4.2.The IET grants the Licensee a Licence to search and view the content on the IET.tv library for the purposes of evaluating whether the Licensee wishes to subscribe to the IET,tv library.

4.3.During the trial period, the Licensee undertakesto observe these Terms of Use and particularly, the terms ofPermitted Use as set out in clause 6.

4.4.The IET will monitor usage during the Trial Period.

5.Security and access Control

5.1.The Licensee will exercise reasonable vigilance and shall be responsible for all access control and security measures necessary to ensure that the IET.tv Library is not accessed by other than Authorised Users. The Licensee will inform Authorised Users of general terms and conditions for the acceptable use of online information products that are consistent with this Licence. Furthermore, the Licensee will make every attempt to enforce the terms of this Licence upon receiving information from the IET or any other source that reasonably indicates that one or more Authorised Users is in violation of the terms of this Licence. In addition, the Licensee will inform the IET in the event that it becomes aware of any breach of this Licence for the use of the Licensed Materials by Authorised Users or any other individuals and will deny access to any Authorised Users suspected of breaching this Licence.

6.Permitted Use

6.1.The Licensee and Authorised Users may download and save, solely for the private use or research of the Licensee and the Authorised Users. The Licensee and Authorised Users may only access the IET.tv Library in a way that conforms to all applicable laws and regulations.

6.2.The IET grants the Licensee and Authorised Users permission for brief extracts from the content of the IET.tv Library with the customary acknowledgment of the source, and to copy and transmit content from the IET.tv Library in “person-to-person” and non-systematic scholarly exchanges of information between Authorised Users and specific individuals.

6.3.Interlibrary loan: The IET.tv Library or extracts thereof may not be transmitted in original digital form to any other institution, person or user other than an Authorised User.

6.4.The Licensee specifically agrees that use by the Licensee or Authorised Users other than as agreed in this Licence is a violation of the terms of this Licence.

7.Prohibitions on Certain Uses

7.1.The IET will be monitoring usage to ensure compliance with the Terms of Use and permitted use as set out in clause 6, if the Licensee engages in any of prohibitions on use then the IET reserves the right to suspend or terminate the Licence. Neither the Licensee or the Authorised Users may:

7.1.1.remove or alter the authors’ names or the copyright notices or other means of identification or disclaimers as they appear in the IET.tv Library;

7.1.2.systematically make electronic copies of multiple extracts or make multiple copies of any part of the IET.tv Library for any purpose;

7.1.3.systematically or programmatically download (e.g., the use of automated ‘robots’ or otherwise) or attempt to download under any circumstances large amounts of Licensed Materials from the IET.tv Library, such as entire videos and associated materials.

7.1.4.prepare derivative works or download or distribute any part of the IET.tv Library on any electronic system or network, including without limitation the Internet other than the Secure Network, except where expressly permitted by this Licence under clause 6;

7.1.5.reverse engineer, decompile, alter, abridge or otherwise modify the Licensed Materials or any part of them for any purpose whatsoever, except as expressly provided in this Licence.

7.2.The IET’s explicit written permission must be obtained in order to:

7.2.1.use all or any part of the IET.tv Library for any commercial use;

7.2.2.systematically distribute the whole or any part of the IET.tv Library to anyone other than the Authorised Users;

7.2.3.publish, distribute or make available the IET.tv Library, works based on the IET.tv Library or works which combine them with any other material, other than as permitted in this Licence;

7.2.4.alter, abridge, adapt or modify the IET.tv Library, except to the extent necessary to make them perceptible on a computer screen to Authorised Users. For the avoidance of doubt, no alteration of the videos or their running order is permitted.

8.Intellectual Property Rights

8.1.The IET is the owner of allIntellectual Property Rights in the IET.tv website including thecopyright, trade marks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the IET.tv Library.All such rights are reserved.

8.2.The names, images and logos identifying the IET, IET.tv and any other products and services are the proprietary marks of the IET and may not be reproduced or otherwise used without express permission from the IET.

8.3.Nothing contained in these Terms of Use grants the Licensee a right to use any copyright, trade marks, design rights, patents or other intellectual property right owned or controlled by the IET.

8.4.Unauthorised copying or redistribution of the IET.tv Library content including the Licensed Materials is a violation of copyright laws and is strictly prohibited. Any infringement of the IET’s Intellectual Property Rights will result in enforcement action against the Licensee or Authorised User

9.Failure of Performance

9.1.Following online access approval, the Licensee and Authorised Users will be permitted to attempt online access to the IET.tv Library at any time. The IET, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance or any associated losses. The IET will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance without liability pending such correction.

1. Archive Rights
2. The IET will use reasonable efforts to retain in an archive all relevant video information published by the IET. Should the IET be unable to maintain the IET.tv Library platform for reasons of a commercial nature or otherwise, and/or there is no suitable alternative platform available to access the Licensed Materials, the Licensee may purchase a non-updating physical archive copy for local loading on the Licensee’s own information systems and redistribute the content to Authorised Users within the Authorised Site(s). Any hardware or software required to distribute content from the archive copy will be the responsibility of the Licensee. The definitions of Authorised Site, Authorised Users and permitted and prohibited uses as provided in this Licence shall otherwise apply to the use of any archive copy.

11.Duration of Licence

11.1.This Licence will become effective on registration by the Licensee with the IET, and, subject to all the terms and conditions of this Licence and in particular, subject to Clauses 10 and 12, will remain in effect for the period agreed between the parties or the duration of the subscription Licence.

12.Termination and Breach

12.1.The IET shall be entitled to terminate this Licence by serving written notice on the Licensee if the Licensee is in breach of any of this Licence and in the case of a breach which it is possible to remedy, the Licensee has not remedied the breach within thirty (30) days of receiving notice from the IET specifying the breach.

12.2.The IET reserves the right at any time to suspend or terminate the Licence with immediate effect where the Licensee’s use of the site breaches any of these Terms of Use or otherwise at the IET’s sole discretion.

13.Warranties and Liability

13.1.THE LICENSED PRODUCTS ARE PROVIDED TO LICENSEE “AS IS” AND “WITH ALL FAULTS”. THE IET TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE IET.tv LIBRARY INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY, THAT THEY ARE UP TO DATE OR THEIR FITNESS FOR A PARTICULAR PURPOSE.

13.2.THE IET SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE OR LICENCES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ‘IET’ ONLINE PUBLICATION, THE IET’S PERFORMANCE UNDER THIS LICENCE, TERMINATION OF THIS LICENCE BY THE IET OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF THE IET IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE IET FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS LICENCE EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO THE IET FOR THIS LICENCE WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against the IET unless filed thereon within one (1) year after the event giving rise to the claim.This does not affect liability for death or personal injury which cannot be excluded or limited under applicable law.

13.3.The Licensee assumes sole responsibility for all use of the Licensed Materials by the Licensee and by each Authorised User. In the event of a breach of this Licence by the Licensee or Authorised Users, the Licensee agrees to indemnify and hold the IET harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this Licence and otherwise for the IET’s defence of indemnified claims), losses and threatened losses arising from, or in connection with, that breach, including without limitation, claims of unauthorised use.

14.General

14.1.This Licence constitutes the entire agreement between the parties and supersedes any prior communication between the parties with respect to the subject matter hereof. The headings used in this Licence are for convenience only and are not to be considered in construing the terms of this Licence. The IET may change the Terms of Use of this Licence by amending this page and the Licensee should check this page from time to time to take notice of any changes that are made, as they are binding on the Licensee.

14.2.The Licensee must pay any taxes (including but not limited to any applicable Value Added Taxes, Sales Taxes, and Import Taxes) other than taxes on the IET’s net income, arising out of the Licensee’s use of the IET.tv Library and/or the rights granted under this Licence.

14.3.The Licensee may not assign or transfer its rights under this Licence.

14.4.This Licence shall be governed by, and construed in accordance with, the laws of England and Wales.

I have read and accept the terms and conditions as set out above.

Signature:

Name:

Organisation

Date:

Please email the completed and signed licence to:

If you have any questions concerning the terms and conditions set out in this Acceptable Use Policy then contact us on the above email address.

IET.tv Library User Licence page 1

[DMC1]This clause is redundant. It already refers to “your organisation” in the first paragraph. It only serves to confuse.

[DMC2]The previous sentence already says that the access is on the authorised premises.

[DMC3]The authorised users are already defined i.e. “legal access … via its secure network”