| A. On payment of the appropriate fee, the University of Aberdeen ("the University") agrees to grant a non-exclusive licence for the territory specified, to the person or company named as the licensee ("the Licensee") to do the following:
(1) to record and store the photographic images described overleaf ("the Licensed Images") in digital electronic form; and/or (as stated on the application approval) (2) to reproduce the Licensed Images on the product described ("the Licensed Product") until expiry of the term (where specified) ("the Term"); and/or (3) where appropriate, to transmit the Licensed Images (whether via the Licensed Product or otherwise) on the network or Internet site specified ("the Licensed Network") until expiry of the Term.
B. This licence is granted subject to the following conditions:
(1) Direct scanning of an original may be done only by the University's Special Collections or its authorised agents. When the source of the image is a photographic transparency or print supplied either directly or indirectly by the University, the Licensee is authorised to scan it at whatever resolution deemed appropriate for its publication. (2) The Licensee will take all reasonable steps to design the Licensed Product and/or the service offered via the Licensed Network so that the Licensed Images cannot be copied or otherwise extracted in the normal course of use except by printing out pages for personal use. (3) The Licensed Product and/or the service offered via the Licensed Network will bear a strongly worded copyright notice on any packaging, storage medium, accompanying documentation, initial entry screens and any other entry screens associated with the Licensed Images. The notice will explain in clear language that the Licensed Images and the contents generally are protected by copyright laws and that the following acts in relation to the Licensed Images are prohibited unless specifically authorised by the University and any relevant copyright owner: (a) public performance, public display or broadcast, including transmission via a network other than the Licensed Network; (b) the preparation of any derivative work, including the extraction, in whole or in part, of any of the Licensed Images; (c) any rental, lease, lending or hire. The notice will also acknowledge the ownership of copyright in any materials depicted in the Licensed Images in accordance with (4) and in the Licensed Images as photographed by the University in accordance with (5). (4) The Licensee will be responsible for obtaining any necessary consent to its use of the Licensed Images from the owner (which owner may not be the University of Aberdeen) of any copyright, rights in the nature of copyright or other intellectual property rights in the materials depicted in the Licensed Images, other than the University's own rights in the images themselves as asserted in (5), and will indemnify the University against any claim which may be made against it should the Licensee fail to obtain such consent or fail to abide by the terms of such consent. (5) All copyright, rights in the nature of copyright, Publication Right and all other intellectual property rights worldwide in the Licensed Images as photographed by the University or its authorised agents are reserved to the University. Each of the Licensed Images will contain or be accompanied by a credit to read: © University of Aberdeen. Such credit will appear within or next to each of the Licensed Images as they appear on screen or on the Licenced Product. For Internet access, a link to a full copyright notice (the terms of which must be approved by the University before permission is granted) must also appear with each image. (6) Any correction of or alteration to any of the Licensed Images is subject to the approval of the University which must be obtained in advance of publication. (7) Reproduction rights are non-exclusive, and are granted for the Term. Any further renewal term will require a separate written permission from the University for which additional fees may be payable. A separate permission will also be required for any product other than the Licensed Product, for any service offered via a network other than the Licensed Network and for any revision, new edition or updating of the product or service licensed pursuant to these conditions. (8) The Licensee will be responsible for ensuring that any manufacturer, distributor or provider of the Licensed Product and/or the Licensed Network and its services will be bound by these conditions. (9) On publication of the Licensed Product, all digital copies of the Licensed Images, other than those on master disk to be used for further production runs permitted under (7), shall be destroyed. On making the Licensed Images available on the Licensed Network the Licensee will destroy any existing copies and make no further copies of the Licensed Images except those which are required for provision and maintenance of the Licensed Network and its services. (10) This licence is personal to the Licensee and may not be assigned, transferred or sub-licensed without the prior written consent of the University. (11) The Licensee will indemnify the University for any loss which it may suffer as a result of the Licensee's failure to observe and perform the conditions in this section and sections A above and C below. (12) These conditions will be governed by and interpreted in accordance with the laws of Scotland.
C. In consideration of this licence:
(1) The Licensee will pay the University the licence fee set out. The licence fee is payable within thirty days of receipt of the Licensed Images and does not include photographic charges which are payable in addition and which will be invoiced to the Licensee separately. VAT may be applicable. (2) On publication of any Licensed Product, a copy of the whole work will be provided free of charge to the University with a licence allowing its use over the University network. On making the Licensed Images available on the Licensed Internet Site, the Licensee will grant to the University the right to access the Licensed Internet Site, should it wish to do so, free of charge for the Term.
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