NATIONAL INSTITUTE FOR HEALTH

AND CARE EXCELLENCE

Dawson Books Provider Licence

For the

NICE Electronic and Print Content
Framework Agreement

LOT 2

FOR THE PROVISION OF

E-Books

Contents

Dawson Books Provider Licence

1.Introduction

2.Defined Terms

3.Contact Details

4.Service Usage

5.Service Availability

6.Service Access

7.Technical

8.User Support

9.Service Notifications

10.Service Reporting

11.Measurement & Related Payment

  1. Introduction
  2. This Provider Licence must be used when placing an Order for the supply of E-books under Lot 2 Agents Only of the NICE Electronic and Print Content Framework Agreement.
  3. The Provider Licence is specific to Dawson Books’supply of E-books under Lot 2 Agents Only. It must be used in conjunction with the “Order Terms & Conditions” and any Annexes to form the whole Licence.
  4. All terms in this Provider Licence must not be altered and are non-negotiable. Where additional terms are agreed these should be set out in Annex SEVEN: “Additional Terms” of the “Order Terms & Conditions”. These additional terms must not conflict with, or materially change, the terms in:
  5. the “Terms and Conditions of Contract for NICE Electronic and Print Content” and any Annexes”; AND
  6. the “Order Terms & Conditions” and any Annexes, AND
  7. this Provider Licence.
  8. Defined Terms
  9. In this Licence the words and expressions below will be interpreted to have the meaningsadjacent to them. The following definitionsshould be read in conjunction with those set out in the “Order Terms & Conditions”:

“Platform”means the web-based service currently known asdawsonera.com operated by Dawson for the delivery of content by electronic media.

"Secure Authentication"means access to the Licensed Material by Athens, Athens DA, EZproxy, Userid/Password, Shibboleth or by another means of authentication agreed between Dawson and Purchasing Authority from time to time.

"Secure Network"means the institutional information technologyinfrastructure residing behind the Secure Authentication process.

“Walk-In User”means a person who is not a current student, member of staff or a contractor of the Purchasing Authority, but who is permitted to access the Secure Network within the physical premises of the Purchasing Authority.

  1. Contact Details

For sales, quotations, and invitations to mini-competitions under this Framework, the named contact for the Provider is:

Name: Sally Barber

Job Title: Dawson Books Head of UK Library Sales

Address: 1, Peachman Way, Broadland Business Park, Norwich NR7 0WF

Telephone: +44 (0) 7767 005966

Facsimile: N/A

Email:

  1. Service Usage
  2. Authorised Users may, in accordance with the terms of this Licence, and subject to restrictions imposed by Publishers on the Licensed Materials:
  3. search, view, retrieve and display the Licensed Materials;
  4. electronically save individual (where relevant for content type) articles, pages or chapters, short passages, figures and/or tables from or items of the Licensed Materials for personal use for as long as required;
  5. electronically export to reference management software individual Bibliographic Data and / or Abstracts of the Licensed Materials for personal use only;
  6. print off an individual copy, or parts of (where relevant for content type) single articles, topics, pages or chapters from the Licensed Materials;
  7. distribute parts of the Licensed Materials in print or electronic form to other Authorised Users. For the avoidance of doubt, this shall include the distribution of a copy for teaching purposes to each individual Authorised User at the Authorised User’s institution;
  8. copy, paste and publish the Bibliographic Data and Abstracts of the Licensed Material(s) for non-authenticated access for Authorised Users. Each item copied and published shall carry appropriate acknowledgement of the source, listing title and copyright owner;
  9. Subject to any restrictions provided by the publisher(s) and specified in the Licensed Materials, the Purchasing Authority or Authorised Users may, subject to any Prohibited Uses set out in this Agreementfulfil occasional requests from non-commercial libraries to supply to an Authorised User of another library within the same country as the Purchasing Authority a copy of an individual document being part of the Licensed Materials for inter library loans (“ILL”). Such supply by the requesting non-commercial library must be for the purposes of research or private study and not for Commercial Use. For the avoidance of doubt, requests for ILL is deemed to be where the loan is not carried out in a manner or magnitude that would replace the recipients’ own subscription to the Licensed Materials.
  10. Save as provided herein, the following actions are considered Prohibited Uses - thePurchasing Authority and Authorised Users may not:
  11. sell or resell or permit others to sell or resell the Licensed Material unless the Licensee or an Authorised User has been granted prior written consent by the Provider to do so;
  12. remove, obscure or modify copyright notices, text acknowledging or other means of identification or disclaimers as they appear;
  13. alter, adapt, convert or modify the Licensed Material or the format in which it is provided, or make any attempt to do the same, (including, but not limited to, any act which alters or circumvents (or has the effect of altering or circumventing) any digital rights management protocols applied to the Licensed Material by the Provider) except to the extent necessary to comply with the requirements of applicable law (including without limitation any statutory requirement to make the Licensed Material available to people with disabilities);
  14. display or distribute any part of the Licensed Material on any external 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;
  15. systematically make print or electronic copies of multiple extracts of the Licensed Material for any purpose other than as explicitly permitted under this Licence Agreement;
  16. publish, distribute or make available any of the Licensed Material, works based on the Licensed Material or works which combine it with any other material, other than as permitted in this Licence Agreement.

4.3.The Purchasing Authority shall:

4.3.1.use reasonable endeavours to notify Authorised Users of the terms and conditions of this Licence and take steps to protect the Service and / or Licensed Materials from unauthorised use or other breach of this Licence;

4.3.2.use reasonable endeavours to monitor compliance with this Licence and immediately upon becoming aware of any unauthorised use or other breach, inform the Provider. The Provider shall grant the Purchasing Authority 30 days to rectify such unauthorised use or other breach. The Purchasing Authority shall take all reasonable and appropriate steps to locate and attempt to stop individuals who are abusing the Service and thereafter take action, both to ensure that such activity ceases and to prevent any recurrence. If the breach is not rectified, the Provider shall have rights to terminate the Agreement.

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

  1. Service Availability
  2. The Providerwill:
  3. make the Licensed Material available to the Purchasing Authority and Authorised Users at all times and on a 24-hour basis, save for routine maintenance, and will restore access to the Licensed Material as soon as possible in the event of an interruption or suspension of the service.
  4. provide notification of an Incident as below:

- Any incidents which affect normal service will be reported to the relevant Purchasing Authorities within one hour

- All major incidents will be resolved within 2 working days

- An incident report is produced within 7 working days of incident resolution

5.1.3.upload new issues or editions to the Server(s) within 06 working days of receipt of content from the Publisher;

5.1.4.providedaccess to new issues or editions no later than the day of upload to the Service.

5.2.The Provider will report on service availability on request from the Contracting Authority and/or the Purchasing Authority using the following calculation:

Total Service Availability % =(MP-SD) x 100 MP

Where:

MP=Total number of minutes in the reporting period, excluding scheduled maintenance or other permitted downtime( including Force Majeure events); and

SD=Total number of minutes of each continuous period of Service downtime in any reporting period, excluding scheduled maintenance or other permitted downtime.

Total Service Availability in any reporting period shall be taken as the lowest percentage availability figure from each of the measured Services as calculated above.

  1. Service Access
  2. The Provider will:
  3. enable access for AuthorisedUsersto the Service and Licensed Materials via the national Access and Identity Management System (AIMS). Currently the national AIMS system is EduServ OpenAthens with which Dawson Books Ltd is fully compliant;
  4. make the Licensed Materials compliant with OpenURL Link Resolver standards;
  5. provide title information to Link Resolver and A-Z list vendors to includeas a minimum: Volume, issue, start page, journal linking key.
  6. Technical
  7. The Provider willensure full compliance with the following technical standards:
  8. Service and content is available and accessible on either Port 80 (for world wide web) or Port 443 (https);
  9. Service works with full functionality on IE 9 and above and is fully supported;
  10. Service works with partial functionality on IE 6, 7,8.
  11. Service provides a separate web interface optimised for all mobile devices
  12. Service content is discoverable through a variety of search options, such as local portals, intranet, library management systems and Resource Discovery Systems
  13. Service provides downloadable MARC records to AACR2 Level II / RDA or other suitable standards
  14. User Support
  15. The Provider will:
  16. providea point of contact for helpdesk and support services. Details are:

Customer Service Phone: +44 (0)1603 648 137

Helpdesk: +44 (0)871 803 6709

Support Email:

Website:

8.1.2.respond to complaints within one working day of receipt, and a confirmation of action will be sent within two working days

8.1.3.respond to general enquiries within two working days of receipt

8.1.4.resolve 95% of all general enquiries within 18 working days

8.1.5.notify Purchasing Authorities of any duplication of content purchases within the same organisation at the time of order

8.1.6.provide training and ongoing support in the use of the Serviceas required by the Purchasing Authority.

  1. Service Notifications
  2. The Provider will:
  3. notify all relevant Purchasing Authorities of any anticipated material or substantial native interface changes 30 working days prior to changes going live;
  4. notify all relevant Purchasing Authorities of any significant change to users’ navigation of the native interface 30 working days prior to changes going live;
  5. provide notification of any significant change which may result in an adverse effect on Authorised Users’ access to or use of the Licensed Material 30 days ahead of any such changes;
  6. provide 14 days’ notice of the withdrawal of Licensed Material from the platform should the Provider no longer retain the right to provide the Licensed Material, or should the Provider have reasonable grounds to believe the Licensed Material infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
  7. provide 60 days’ notice prior to the withdrawal of Licensed Material for any reason other than those stated in 9.1.4.
  8. provide weekly notifications to alert Purchasing Authorities of new Licensed Material content which has been added to Dawsonera, including new titles and superseded editions.
  1. Service Reporting
  2. The Provider will:
  3. attend Annual Service Review meetings with Purchasing Authorities where required throughout the duration of this Agreement. The location and timing of such meetings will be arranged to be mutually convenient for the Purchasing Authority and the Provider.
  4. provide the Purchasing Authority with access to COUNTER-compliant usage statistics.
  1. Measurement & Related Payment
  2. The Provider reserves the right at any time to withdraw the whole, a part or parts of the Licensed Materials for which it no longer retains the right to publish or provide, or which it has reasonable grounds to believe infringes Copyright or is defamatory, obscene, unlawful or otherwise objectionable. In the event of the withdrawal of the whole of the Licensed Materials under this clause 11.1, the Provider will refund that part of Fee paid for the remaining un-expired portion of the Term (proportional to the amount of the Licensed Materials / Goods unavailable).
  3. Whereany Licensed Material is withdrawn by the Publisher, a full refund for the item or items will be credited to the Purchasing Authority.
  4. In addition to clause 10 (Agreement Price) of the “Order Terms and Conditions”, the Provider shall ensure prompt payment of all invoices due to the Publisher(s). Where there is a delay to the payment of the Fee to the publisher(s) by the Provider, the Provider shall use its best endeavours to ensure that the Service and/or the Licensed Materials are not suspended by the publisher(s).
  5. In the event that the Service suffers unscheduled downtime, partial or total loss of functionality, the Provider will offer the Purchasing Authoritya credit in accordance with the schedule below, with the credit being calculated on the basis of the spend of the Purchasing Authority on the Service in the preceding three months.

Service Availability / Credit Percentage
99.8 to 100% / 0%
99.0% to 99.79% / 3%
98.0% to 98.99% / 5%
97% to 97.99% / 7%
97.8% or below / 10%

11.5.In the event that the whole of the Goods or Licensed Material is removed or withdrawn from the Service for any reason, Provider will offer the Purchasing Authority a full or partial refund for affected titles. The method of calculating such refund will be agreed at the time of order with each Purchasing Authority.

NICE Electronic and Print Content Framework

Providers Licence

1