IET.tv ONLINE LIBRARY

TERMS OF USE FOR INSTITUTIONAL USERS

These terms and conditions (the “Licence”) govern the use by individuals or your organisation (the “Licensee”) of the IET.tv Online Library (the “IET.tv Library”) controlled by IET Services Limited, a company registered in England and Wales under company number 909719 whose registered office is at Savoy Place, London WC2R 0BL (the “IET”). Your use of IET.tv constitutes your acceptance of this Licence for and on behalf of the Licensee. If you do not wish to agree to these Terms of Use, you may not use IET.tv Library. In consideration of the Licensee paying any and all sums due for the use of content on the IET.tv Library and complying with the provisions of this Licence, the IET grants to the Licensee the non-exclusive non-transferable licence to access the IET.tv Library in accordance with this Licence.

1. Authorised Sites

The Licensee and its Authorised Users (as defined below) may only access the IET.tv Library at the site or sites at which the Licensee ordinarily conducts its business (“Authorised Site/s”).

2. Authorised Users

2.1.“Authorised User(s)” means only an individual or the employees, faculty, staff, and students officially registered with the Licensee at the Authorised Site(s), Walk-In Users (as defined below) and persons with legal access to the Licensee’s collections and facilities via its secure network. For the purpose of this Licence, “Walk-In Users” are persons who are permitted 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 means to access the Licensed Material by a wireless secure network on the Authorised Site(s). Walk-In Users are not allowed off-site access to the IET.tv Library and are not allowed access by any wireless network unless it is secure. Authorised Users shall be restricted to all those persons mentioned above who are: (i) based permanently within the country where the Authorised Site is located; or (ii) affiliated with remote sites or campuses of the Licensee within the country where the Authorised Site is located; and/or (iii) registered with the Licensee 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 login details or 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 and undertakes 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. Security and access Control

4.1.The Licensee will exercise all 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 use of online information products that are consistent with this Licence. Furthermore, the Licensee will use its best endeavours 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 IET.tv Library by Authorised Users or any other individuals and will immediately deny access to any Authorised Users suspected of breaching this Licence.

5. Permitted Use

5.1.The Licensee and Authorised Users may download and save, solely for the private non-commercial use or research of the Licensee and the Authorised Users. No other permission is given to distribute, view, share, save, copy or download any of the content of the IET.tv Library.

5.2.The Licensee and Authorised Users may only access the IET.tv Library in a way that conforms to all applicable laws and regulations.

5.3.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 non-commercial “person-to-person” and non-commercial non-systematic scholarly exchanges of information between Authorised Users and specific individuals.

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

5.5.The Licensee specifically agrees that use by the Licensee or Authorised Users other than as agreed in this Licence is a material breach of the terms of this Licence incapable of remedy.

6. Prohibitions on Certain Uses

6.1.Neither the Licensee or the Authorised Users may:

6.1.1.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;

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

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

6.1.4.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 5;

6.1.5.reverse engineer, translate, decompile, disassemble, alter, abridge or otherwise modify or attempt to do so the IET.tv Library or any part of it for any purpose whatsoever, except as expressly provided in this Licence; or

6.1.6.use the IET.tv Library in connection with any material which contains computer viruses or spyware or malware of any description or with any material which is designed to adversely affect the operation of any computer hardware or software or any communications network.

6.2.The IET’s explicit written permission (which may be withheld at the IET’s sole discretion) must be obtained in order to:

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

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

6.2.3.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;

6.2.4.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.

7. Copyright

7.1.All intellectual property rights on all material, including support material, included from time to time in the IET.tv Library are reserved to the IET absolutely. all intellectual property rights in the search software used on the IET.tv Library platform is the property of the IET. The IET.tv Library is subject to all applicable copyright, database protection and other rights under the law of the United Kingdom and other countries. Copyright notices in the IET.tv Library may not be removed, obscured, or modified in any way. Unauthorised copying or redistribution of the IET.tv Library content is a violation of copyright laws and is a material breach of this Licence incapable of remedy.

8. Failure of Performance

8.1.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 (where such performance problem is not due in whole or in part to any act or omission of the Licensee or any Authorised User(s) and may suspend performance without liability pending such correction.

9. Archive Rights

9.1.The IET will use reasonable endeavours 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.

10. Duration of Licence

10.1.This Licence will become effective on registration by the Licensee with the IET and payment in cleared funds of all fees due, and, subject to all the terms and conditions of this Licence and in particular, subject to Clauses 9 and 11, will remain in force for so long as the Licensee maintains a current paid subscription for the relevant IET.tv Library content.

11. Termination and Breach

11.1.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. Warranties and Liability;

12.1.To the fullest extent permitted by law the IET disclaims and excludes any and all liability for loss injury or damage (whether direct or indirect or consequential or incidental or special) arising out of or in connection with your use of the IET.tv Library including without limitation any and all losses relating to or resulting from:

12.1.1.the accuracy, reliability, completeness, suitability, merchantability or fitness for purpose of the IET.tv Library;

12.1.2.any reliance upon or use of or actions taken or not taken or decisions made on the basis of anything contained in the IET.tv Library

12.1.3.inability at any time to obtain access to any part of the IET.tv Library;

12.1.4.any computer viruses or spyware or malware of any description or any material which might adversely affect the operation of any computer hardware or software or any communications network which affects you as a result of you accessing the IET.tv Library.

12.2.To the extent that the IET incurs any liability to you in relation to any loss you have occasioned, the liability of the IET shall not exceed the amount of fees paid by the Licensee to the IET for the current term of the Licence.

12.3.The above provisions do not affect the liability of the IET for death or personal injury arising from the negligence of the IET or the liability of the IET for fraud or fraudulent misrepresentation or for any other liability which is not permitted to be excluded or limited by applicable laws.

12.4.The Licensee assumes sole responsibility for all use of the Licensed Materials by the Licensee and by each Authorised User. The Licensee shall indemnify and hold the IET harmless from and against all losses (including without limitation loss of profit, business, goodwill and similar losses), claims, costs, damages, liabilities, proceedings, fees and expenses (including without limitation legal fees and expenses) as a direct result of or in connection with any breach of the terms of this Licence, including without limitation claims of unauthorised use.

13. General

13.1.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 has the right in its entire discretion to change and/or modify the terms of use of this Licence from time to time. In such case, Licensee shall be notified by the IET within 30 days of such change by notification on the IET.tv Library. The Licensee’s and any Authorised User’s continued use of the IET.tv Library following such notification will signify the Licensee’s acceptance of such changes and modifications.

13.2.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.

13.3.If any provision of this Licence shall be prohibited by or adjudged by a court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Licence and rendered ineffective as far as possible without modifying the remaining provisions of this Licence and shall not in any way affect any other circumstances or the validity or enforcement of this Licence.

13.4.No person other than the Licensee and the Licensor has any right under the Contracts (Rights of Third Parties) Act 1999 (UK) to enforce any term of this Licence but this does not affect any right or remedy of a third party which exists or is available apart from pursuant to that Act.

13.5.This Licence contains the full and complete understanding between the IET and the Licensor and supersedes all prior arrangements and understandings whether, written or oral, appertaining to the subject matter of Licence and may not be varied except by an instrument in writing signed by the IET or as set out in clause 13.1. The Licensee acknowledges that no representations or promises not expressly contained in this Licence have been made to it by the IET or any of its servants, agents, employees members or representatives.

13.6.This Licence shall be governed by, and construed in accordance with, the laws of England and Wales, the courts of which shall be exclusive courts of competent jurisdiction.