Science Online Journals Institutional License Agreement
This agreement between the American Association for the Advancement of Science ("Publisher") and the subscribing institution ("Licensee") establishes the terms of usage and other rules applying to an institutional subscription for online access through the Internet to any and all of the Science Online journals and resources.
WHEREAS the Publisher holds the rights granted under this License;
AND WHEREAS the Licensee desires to use the rights and the Publisher desires to grant to the Licensee the license to use the rights for the Fee, subject to the terms and conditions of this License.
IT IS AGREED AS FOLLOWS:
1. KEY DEFINITIONS
(i) current employees/faculty of the Licensee who are doing work or conducting research for the Licensee who are authorized to access the Secure Network;
(ii) current contractors or visiting faculty doing work or conducting research for the Licensee who are authorized to access the Secure Network;
(iii) where applicable, retiree or emeritus faculty of the Licensee who are authorized to access the Secure Network;
(iv) where applicable, individuals who are currently, officially enrolled as a registered student of a degree program at the Licensee's institution who are authorized to access the Secure Network;
(v) walk-in users who are permitted to use the Licensee’s library or information services and who are authorized to access the Secure Network, but only while on the physical premises of the Licensee; and
(vi) Other users as may be authorized in writing by and at the sole discretion of the Publisher.
Commercial Use: Use for the purposes of monetary reward by means of sale, resale, loan, transfer, hire or other form of exploitation of the Licensed Materials. For the avoidance of doubt, neither recovery of direct cost by the Licensee from Authorized Users, nor use by Licensee or Authorized Users of the Licensed Materials in the course of research funded by a commercial organization is deemed to constitute Commercial Use.
Course Packs: A collection or compilation of extracts, chapters, or articles assembled by Authorized Users for use by Authorized Users in specific courses of instruction offered by the Licensee.
Electronic Reserve: Electronic copies of extracts, chapters, or articles made and stored on the Secure Network by the Licensee for use by Authorized Users in connection with specific courses of instruction offered by the Licensee.
Fee: The Fee for subscription access to the Licensed Materials set out in the Price Quote Spreadsheet approved by the Licensee and Publisher and/or the subscription invoice, inclusive of any applicable annual maintenance fees.
Library Premises: The physical premises of the library or libraries operated by Licensee.
Licensed Materials: The electronic journals/resources subscribed to by Licensee, as set out on the Price Quote Spreadsheet approved by the Licensee and Publisher and/or the subscription invoice. These resources may include:
1. Science (online version): Full text Science issues from 1997 to the present;
2. Science First Release: Selected research papers, Perspectives, and other articles that have recently been accepted for publication in Science, published on Science First Release as early as six weeks before final publication in Science;
3. Science Classic: Full text Science issues from 1880 through 1996;
4. Science Signaling: Information selected and vetted by authorities in the field of signal transduction research, including original Perspectives, Reviews, and Protocols;
5. Science Translational Medicine: Peer-reviewed Research, Perspectives, Reviews, and Commentary focusing on basic, translational, and clinical research and its application;
6. Science Immunology: original, peer-reviewed, science-based research articles that report critical advances in all areas of immunological research, including important new tools and techniques;
7. Science Robotics: original, peer-reviewed, science- or engineering-based research articles that advance the field of robotics and editor-commissioned reviews.
Secure Network: A network (whether a standalone network or a virtual network within the Internet) which is only accessible to Authorized Users approved by the Licensee whose identity is authenticated at the time of log-in and periodically thereafter consistent with current best practice, and whose conduct is subject to regulation by the Licensee.
Server: The server, either the Publisher’s server or a third party server designated by the Publisher, on which the Licensed Materials are mounted and may be accessed.
Subscription Term: A period equal to the publication of one year’s worth of issues of Science; subscription start and end dates are listed on the Subscription Invoice for each Subscription Term.
The Publisher agrees to grant to the Licensee the non-exclusive and non-transferable right, throughout the world, to give Authorized Users access to the Licensed Materials via a Secure Network, subject to the terms and conditions of this License, and the Licensee agrees to pay the Fee.
3. ACCESS TO LICENSED CONTENT
3.1 Authorization for access to the Licensed Materials shall be based upon acceptance by the Publisher of the Licensee's completed order form and receipt of the Fee.
3.2 Access to the Licensed Materials is provided via IP address.
3.3 The Licensee may use a Secure Proxy Server to permit Authorized Users who are not walk-in users to access the Licensed Materials from places where these users perform their work or studies (such as homes, offices, halls of residence, and student dormitories). A “Secure Proxy Server” must require authentication (a person must enter a username and password that proves they are an Authorized User permitted to access the Licensed Materials remotely). Access to the site via open proxies and other non-authenticated proxy servers is prohibited.
3.4 Publisher reserves the right at its discretion to change the formats in which the Licensed Materials are published with three months' notice of any such change to the Licensee.
3.5 With the exception of Science and Science Classic, Publisher reserves the right to discontinue any web publication without penalty. In the event that a web publication is discontinued, Publisher will pay Licensee a prorated portion of the subscription amount.
3.6 The Publisher reserves the right at any time to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
3.7 Publisher intends for the site to be available 24-hours per day, 7 days per week. However, Publisher will not be liable for damages or refunds should the site become unavailable temporarily or access to the site becomes slow or incomplete due to system back-up procedures, regular maintenance (which typically occurs 8-10am Pacific time each Saturday), Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause beyond the control of Publisher (including, but not limited to force majeure events, networking problems, IP address changes) which may from time to time make the site inaccessible for Authorized Users. If the site cannot be accessed by the Licensee in conformance with the terms of this License, the Licensee shall immediately notify Publisher and Publisher shall use reasonable efforts to restore access as soon as possible. In the event that Publisher fails to repair access within 48 hours, Publisher shall make adjustments to ensure the Licensee receives the access Licensee has paid for under this License upon Licensee’s request.
3.8 Publisher has partnered with CLOCKSS to safeguard access to content in the Science family of journals in the event of an unforeseen "trigger event" such as a natural disaster. Under the agreement, content will be preserved in CLOCKSS ejournals and ebooks, across a geographically and geopolitically distributed network of redundant archive nodes, located at 12 major research libraries around the world. In the unlikely event of an earthquake or other unforeseen scenario that might otherwise limit access to Science online journals content, it will remain protected and available, via the CLOCKSS network.
4. USAGE RIGHTS
4.1 The Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with fair use under copyright law. Nothing in this License shall be interpreted to limit in any way whatsoever Licensee's or any Authorized User’s fair use rights under copyright law to use the Licensed Materials.
4.2 Additionally, the Licensee, subject to the Prohibited Uses clause below, may:
4.2.1 Allow Authorized Users to have access to the Licensed Materials from the Server via the Secure Network;
4.2.2 Occasionally provide single printed or electronic copies of single articles at the request of individual Authorized Users;
4.2.3 Provide Authorized Users with integrated access and an integrated author, article title and keyword index to the Licensed Materials;
4.2.4 Display, download or print discrete portions of the Licensed Materials on occasion for the purpose of internal marketing or testing or for training Authorized Users or groups of Authorized Users;
4.2.5 Submit articles and excerpts from the Licensed Materials to regulatory agencies in connection with applications for drug and product approval provided that such uses do not amount to commercial redistribution for direct profit; provided each article or excerpt from the Licensed Materials contains a credit line noting the original appearance of the article in its appropriate journal; provided any portion of the Licensed Materials used for these purposes looks identical to the original material; and provided such use does not present any material from the Licensed Materials in any manner that implies that Publisher endorses Licensee or any of the Licensee's products or services;
4.2.6 Supply a Patent Applicant with copies (in print or electronic format) of individual articles of the Licensed Materials and to store print copies of such articles for the Licensee’s internal use, solely in connection with the patent application process provided each article or excerpt from the Licensed Materials contains a credit line noting the original appearance of the article in its appropriate journal; provided any portion of the Licensed Materials used for these purposes looks identical to the original material; and provided such use does not present any material from the Licensed Materials in any manner that implies that Publisher endorses Licensee or any of the Licensee's products or services;
4.2.7 Submit articles and excerpts from the Licensed Materials when required by law for use in legal proceedings provided each article or excerpt from the Licensed Materials contains a credit line noting the original appearance of the article in its appropriate journal; provided the use is otherwise without modification to the original material; and provided such use does not present any material from the Licensed Materials in any manner that implies that Publisher endorses Licensee or any of the Licensee's products or services;
4.2.8 Supply single copies of articles (either digital or paper copies), from the Licensed Materials, to health professionals or other persons legitimately requesting medical information in relation to the medical, therapeutic or technical use and support of any of the Licensee’s products under the following conditions only: (a) Such copies must be free-standing with no additional material affixed to or printed on them; (b) The copies must carry, without modification, those copyright notices already incorporated in the Licensed Materials; (c) Recipients must be instructed not to further distribute the copies; (d) This use of Licensed Materials is restricted to responding to enquiries (reactive use). For the avoidance of doubt, it excludes the proactive or multiple supply of articles for marketing, sales or other purposes, including any activity which would replace a subscription or the purchase of reprints;
4.2.9 Practice Inter Library Loan (ILL) of articles or components of the Licensed Materials for noncommercial use in compliance with Section 108 of the United States Copyright Law (17 USC 108, "limitations on exclusive rights: Reproduction by libraries and archives") and clause 3 for the Guidelines for Proviso of Subsection 108(g)(2) prepared by the National Commission on New Technological Uses of Copyrighted works. Additionally, Licensee's institution may supply single copies of articles to a requesting library by electronic transmission for ILL purposes as described above provided the requesting library is instructed to delete the electronic file immediately after delivery to the end user and provided the end user is instructed not to further distribute the article copy.
4.3 Authorized Users, subject to the Prohibited Uses below, may:
4.3.1 Search, view, retrieve and display the Licensed Materials;
4.3.2 Occasionally electronically save individual articles or items of the Licensed Materials for personal use;
4.3.3 Print off a discrete copy of parts of the Licensed Materials on an occasional basis;
4.3.4 Distribute a copy of individual articles or items of the Licensed Materials in print or electronic form on an occasional basis to other Authorized Users; for the avoidance of doubt, this sub-clause shall include the distribution of a copy for teaching purposes to each individual student Authorized User in a class at the Licensee's institution;
4.3.5 Distribute in print or electronic form to a colleague, minimal, insubstantial portions of the Licensed Materials, for the purposes of personal, scholarly, or scientific research and communication provided it is not for any Commercial Use and is consistent with fair use under copyright law;
4.3.6 Incorporate reasonable portions of the Licensed Materials in printed Course Packs and Electronic Reserve collections for the use of Authorized Users in the course of instruction at the Licensee's institution, but not for Commercial Use. Each such item shall carry appropriate acknowledgement of the source, listing title and author of the extract, title and author of the work, and the publisher. With Electronic Reserve, Authorized User or Licensee agrees to remove content at the end of the specific course of instruction. Course packs in non-electronic non-print perceptible form, such as audio or Braille, may also be offered to Authorized Users who, in the reasonable opinion of the Licensee, are visually impaired;
4.3.7 Non-commercial Licensees' Authorized Users may use the Licensed Materials for text and data mining, for purely internal non-commercial research purposes, for as long as the Licensee maintains a subscription to the Licensed Materials, subject to the terms and conditions in ANNEX A below. Corporate Licensees and/or Licensees who are interested in using the Licensed Materials for text and data mining projects that are commercial in nature or that are for external activities or purposes should contact the AAAS Licensing Department to negotiate a separate License Agreement.
5. PROHIBITED USES
5.1 Neither the Licensee nor any Authorized User may, except as otherwise permitted by written permission of Publisher or by separate agreement signed by both Parties:
5.1.1 Remove, cover, obscure, or alter the authors’ names or the Publisher’s copyright notices, trademarks, logos, or other means of identification or disclaimers as they appear in the Licensed Materials;
5.1.2 Systematically or regularly make print or electronic copies of multiple extracts of the Licensed Materials for any purpose, except as provided in the Usage Rights section above;
5.1.3 Except as otherwise permitted in ANNEX A, mount or distribute any part of the Licensed Materials on any electronic network, including without limitation the Internet and the World Wide Web, other than as permitted herein on the Secure Network;
5.1.4 Download portions or articles from the Licensed Materials for the purpose of creating systematic and persistent local copies (not including transient, dynamic caches of individually requested material) for redistribution;
5.1.5 Use articles or portions of the Licensed Materials for any Commercial Use ( e.g., printing to resell or redistribute to nonpaying or non-authorized users);
5.1.6 Use any automated computer program or activity to search, index, test, download, or grab information from the Licensed Materials (including but not limited to web robots, spiders, and crawlers) that has a negative impact on Publisher's Server or on the use of the Licensed Materials by others.
6. LICENSEE RESPONSIBILITIES
6.1 Licensee affirms that all IP addresses in the range registered for access are under the administrative control of the Licensee for the use of individuals who meet the Authorized Users criteria above. Publisher requires notification within 10 days when Licensee changes IP addresses from one account to another because of merger, acquisition, partnership, or spin-off.
6.2 With regard to Secure Proxy Servers, ensure that users are authenticated and restricted to Authorized Users permitted to access the Licensed Materials remotely.
6.3 While Licensee is not bound to monitor or enforce the specific uses of the Licensed Materials made by Authorized Users, Licensee agrees to create and maintain reasonable security measures, and to regularly communicate policies and restrictions to ensure that only Authorized Users will access and use the Licensed Materials in accordance with the terms of this License.
6.4 Licensee will be responsible for all costs necessary for accessing and viewing the Licensed Materials including equipment, software, phone lines, telecommunications, and Internet connections.
6.5 In the event that Licensee becomes aware of abuses of the site emanating from any of Licensee's locations, Licensee will notify the Publisher, and both parties will cooperate in locating and attempting to stop the specific individuals who are abusing the service. If the specific abuser(s) cannot be identified or stopped, Publisher has the right to suspend access to the affected portion of the Licensee's site. Neither Publisher nor the Licensee will be liable for any damages beyond a prorated refund for the remaining unused portion of the subscription.
7. PUBLISHER RESPONSIBILITIES
7.1 The Publisher warrants to the Licensee that the Licensed Materials used as contemplated by this License do not infringe the copyright or any other proprietary or intellectual property rights of any natural or legal person. The Publisher shall indemnify and hold the Licensee harmless from and against any liability arising out of any legal action taken against the Licensee claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this License for any reason. This indemnity shall not apply if the Licensee has amended the Licensed Materials in any way not permitted by this License.
7.2 The Publisher shall:
7.2.1 Make the Licensed Materials available to the Licensee from the Server during the Subscription Term;
7.2.2 Provide the Licensee, with information sufficient to enable the Licensee to access the Licensed Materials;
7.2.3 Use reasonable endeavors to ensure that the Server has adequate capacity and bandwidth to support the usage of the Licensee at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web; as such standards evolve from time to time over the term of this License;
7.2.4 Provide to Licensee COUNTER compliant usage data via its platform provider, HighWire Press on a monthly basis for Licensee's private internal use.
7.3 In the event that Publisher becomes aware of abuses of the site emanating from any of Licensee's locations, Publisher will notify the Licensee and both parties will cooperate in locating and attempting to stop the specific individuals who are abusing the service. If the specific abuser(s) cannot be identified or stopped, Publisher has the right to suspend access to the affected portion of the Licensee's site. Neither Publisher nor the Licensee will be liable for any damages beyond a prorated refund for the remaining unused portion of the subscription.
8. TERM AND TERMINATION
8.1 This License shall be in effect during the Subscription Term and then continue for so long as Licensee has a current institutional subscription for the Licensed Materials (subject to provisions for earlier termination as stated below).
8.2 In addition to automatic termination (unless renewed) , this License shall be terminated by:
18.104.22.168 If the Licensee defaults in paying the Fee within the time period specified on the invoice;
22.214.171.124 If the Licensee commits a material and persistent breach of the Publisher’s copyright or other intellectual property rights or of the provisions USAGE RIGHTS clause in respect of usage rights or of the PROHIBITED USES clause in respect of prohibited uses.
126.96.36.199 If the Publisher commits a material or persistent breach of any term of this License and fails to remedy the breach (if capable of remedy) within sixty (60) days of notification in writing by the Licensee.
8.2.3 Either party:
188.8.131.52 If either party becomes insolvent or becomes subject to receivership, liquidation or similar external administration.
8.3 On termination of this License for cause, as specified in clause 8.2.1, the Licensee shall immediately cease to distribute or make available the Licensed Materials to Authorized Users.
8.4 On termination of this License by the Licensee for cause, as specified in clause 8.2.2 above, the Publisher shall forthwith refund the proportion of the Fee that represents the paid but un-expired part of the Subscription Period.
9. POST TERMINATION
Except in the case of termination for cause, and with the exception of Science Classic, should the Licensee discontinue subscription to the Licensed Materials or certain electronic resources comprising the Licensed Materials, Licensee shall retain access rights to the portions of the Licensed Materials that Licensee had access to while Licensee's subscription was active and in good standing. Provision of the previously subscribed to content will be via mutually agreed upon delivery method for local hosting or by a third-party archiving solution, and may be subject to reasonable delivery charges to cover the supply cost as established by Publisher. The use of this content shall be subject to the terms and conditions of the then current operative Institutional License Agreement.
9.1 Ongoing Access Rights to Science Classic for Licensees who make a One-Time Purchase of the Science Classic back issue file: Publisher intends to retain full-text versions of all articles for all issues within Science Classic and to continue to make this database available to all current Licensees. In the unlikely event that it proves infeasible for the Publisher to maintain the ongoing availability of the contents of Science Classic, Publisher intends to make the archive available to those Licensees who purchased Science Classic via the One-Time Purchase option.
10. COPYRIGHT AND PROPRIETARY RIGHTS
Publisher holds the copyright for all works published herein, as a compilation and as to the individual articles, collectively and individually, unless otherwise expressly noted.
11. REPRESENTATION, WARRANTIES, AND INDEMNIFICATION
11.1 While Publisher makes an effort to ensure the accuracy of content posted online, Publisher does not warrant or guarantee its accuracy, completeness, merchantability, or fitness to a particular purpose. Publisher expressly disclaims any warranty that access to the Licensed Materials online will be uninterrupted or free of errors; that defects will be corrected, or that Publisher Servers are free of viruses, worms, or other elements harmful to your computer system. In no case shall Publisher's aggregate liability for any content or accessibility problems with the site exceed the amount of subscription fees paid for the Licensed Materials during 12-month period preceding any claim or notice of damages.
11.2 Neither party shall be liable in damages or have the right to terminate this License for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to uncontrollable acts of nature, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, and/or any other cause beyond the reasonable control of the party whose performance is affected.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 Each party shall use its best endeavors to safeguard the intellectual property, confidential information and proprietary rights of the other party.
12.2 Any dispute arising from, relating to or in any manner connected with this License or your use of the Licensed Materials shall be construed under and resolved in accordance with the laws of the state of New York, exclusive of its choice of law principles. Any such dispute shall be litigated only in the Supreme Court of the State of New York (New York County) or the U.S. District Court for the Southern District of New York, to the personal jurisdiction of which you hereby consent. If you are outside the United States, or if you are a state institution, you further agree that the remedy for any breach of this License involving unauthorized access or other infringement of Publisher intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq.
13.1 This License constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter of this License, whether oral or written.
13.2 Publisher reserves the right at its discretion to change, modify, add or remove the Terms and Conditions for this License at any time. Such changes shall be posted on the Science Online website, and all Licensees shall be notified of such changes. A Licensee's continued use of the Science Online materials following the posting and such notification of any change to these Terms and Conditions will constitute acceptance by the Subscriber of the Terms and Conditions as modified.
13.3 The Licensee may not assign or transfer its rights under this License without the express written consent of Publisher, which consent shall not unreasonably be withheld.
13.4 Any notices to be served on either of the parties by the other shall be sent by prepaid recorded delivery to the address as notified by either party to the other as its address for service of notices.
13.5 The invalidity or un-enforceability of any provision of this License shall not affect the continuation or enforceability of the remainder of this License.
13.6 Either party’s waiver, or failure to require performance by the other, of any provision of this License, will not affect its full right to require such performance at any subsequent time, or be taken or held to be a waiver of the provision itself.
Science ONLINE JOURNALS INSTITUTIONAL LICENSE AGREEMENT
TERMS AND CONDITIONS FOR TEXT AND DATAMINING ("TDM")
The terms and conditions herein are further defined by the definitions, terms and restrictions of the Science ONLINE JOURNALS LICENSE AGREEMENT
I. (the "License") of which this ANNEX A is a part.
II. The terms and conditions herein apply only to non-commercial licensees with an active subscription to the Licensed Materials as defined in the License.
III. The rights granted herein are extended only to Authorized Users as defined in the License who have a predetermined and limited list of articles that they seek to text and/or data mine for non-commercial internal research purposes only.
IV. Corporate Licensees and/or Licensees who wish to use the Licensed Materials for TDM projects that are commercial in nature or that do not meet the criteria of I-III above should contact the Licensing Department to negotiate a separate License Agreement.
1. TEXT AND DATA MINING RIGHTS. Authorized Users of the Licensee, as defined in the License, may, subject to the restrictions below:
a. Download, at a reasonable rate and speed, articles from the Licensed Materials from the Server for storage on Licensee’s or third party server;
b. Index and extract semantic entities from the copies of the Licensed Materials stored on Licensee’s or third party server for the purpose of recognition and classification of the relations between them;
c. Mount, load, integrate and analyze the results, evaluations, or interpretations on Authorized User's computer or Licensee's server dedicated to Licensee’s text mining system (but not on a library server, repository or archive) for use and access by Authorized Users;
d. Distribute aggregate data and analysis produced as a result of TDM of the Licensed Materials in the form of research communications such as scholarly papers, journals, and similar work product created by the Authorized User during the regular course of the Authorized User's research and work for the Licensee. In all such cases, Authorized User is required to cite the appropriate journal as the source of the data and to indicate that the results or views expressed are entirely those of the author;
e. Make TDM results or conclusions available on an externally facing website (in response to a search query, for example) subject to the limitations in section 2 below.
2. LIMITATIONS. Except as expressly stated in this ANNEX A or otherwise permitted in the License or by other written agreement with the Publisher, Licensee and its Authorized Users may not:
a. Substantially or systematically reproduce, retain, or redistribute the Licensed Materials;
b. Perform systematic or substantive extracting, especially for the purposes of creating a product or service for use by third parties;
c. Use the results or output of TDM to enhance institutional or subject repositories in ways that compete with or have the potential to substitute for or replicate the Licensed Materials or any work of the Publisher;
d. Where TDM results or conclusions are made available to non-Authorized Users on an externally facing website as a result of a search query, and where such outputs include original, copyright protected material, only a snippet of that original, copyright protected material may be displayed/presented. For the purposes of this ANNEX A, a snippet shall mean an extract that is no more than 150 characters. All snippets must cite the appropriate journal as the source of the material;
e. Extract, develop or use the Licensed Materials for any commercial activity;
f. Abridge, modify, translate or create any derivative work based on the Licensed Materials, except as may be necessary to make it perceptible on a computer screen to Authorized Users;
g. Remove, obscure or modify any copyright notices or other notices or disclaimers that appear in the Licensed Materials;
h. Crawl or use other automated programs or algorithms to continuously download, search, scrape, extract, deep link, index or disrupt the normal function of the Publisher’s websites or access to the Licensed Materials by other users.
a. Licensee agrees to implement and maintain adequate and effective data security systems and measures, in line with international industry standards and best practice, to protect the security of the Licensed Materials from unauthorized disclosure or use.
b. Publisher shall have the right, at its sole discretion, cost and expense to audit Licensee’s TDM system at any time during the term of this License.
c. Should either Publisher or Licensee become aware of abuses of the Licensed Materials emanating from any of Licensee's locations, the party aware of such abuse will notify the other, and both parties will cooperate in locating and attempting to stop the specific individuals who are abusing the service. If the specific abuser(s) cannot be identified or stopped, Publisher has the right to suspend rights granted in this ANNEX A and discontinue access to the Licensed Materials until a remedy can be implemented.
4. BREACH. In addition to any contractual rights and remedies under the applicable law, Publisher shall retain the right to deny access to any publisher-hosted content where the Licensee is in breach of any of the conditions of this ANNEX A. In cases where Licensee has made any Licensed Materials available to third parties, Publisher shall be entitled to terminate the License, including this ANNEX A, and also to charge the Licensee any Subscription Fee that would have been payable to the Publisher had the use in question been licensed. Alternatively, for the avoidance of doubt, the foregoing contractual remedies apply in addition and not in substitution of any rights and remedies for breach available in the law, such as the right to terminate the License, the right to claim damages, and disgorging of any profits generated by activities prohibited under this ANNEX A.
5. POST TERMINATION OBLIGATIONS. Upon termination of the License or of this ANNEX A the Licensee shall destroy all copies of the Licensed Materials and portions thereof that were created pursuant to the terms of this ANNEX A. Licensee agrees to provide a letter signed by an authorized officer of the Licensee confirming that all copies have been destroyed no later than 30 days after termination.
6. FEE. There is no additional charge for the TDM rights granted herein provided the scope of the TDM remains purely non-commercial as defined above and for as long as the Licensee maintains a subscription to the Licensed Materials being mined.