SERU: Statement of Common Understandings for Acquiring Electronic Resources (Academic)
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License status: Template
License Start Date: 00000000
License End Date: 00000000
Place Of Copyright Law: United States (US)
Note: This
ONIX-PL expression is intended to represent a reasonable interpretation
of a SERU statement based on NISO RP-7-2012,
where the acquiring body is an academic or educational
institution. It does not claim to 'express' SERU, nor could it do so,
since SERU has many possible and equally valid interpretations.
However, in circumstances where an institution is using ONIX-PL
license expressions as part of its ERM processes, and also
acquires electronic resources under SERU, the present expression
may serve as a template from which an expression suitable to
local policies can be derived.
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License Document(s)
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License Main Terms:
SERU 2012 for academic libraries URL: www.niso.org/publications/rp/RP-7-2012_SERU.pdf
Note: Although
SERU is not a license as a legal document, the combination of a SERU
statement with other details specified and agreed
separately can be regarded as constituting a license in the
sense of a grant of permission for an acquiring institution to
use acquired resources. ONIX-PL uses language ('licensor',
'licensee', etc) which reflects this meaning of 'license'; and
in any context where ONIX-PL expressions of conventional
licenses are used alongside expressions of SERU-based agreements
it would be confusing if the language of the SERU-based
expressions was different.
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License Schedule:
A schedule added to the SERU statement to identify the provider, the acquiring institution, the acquired resources with their start and end dates, and any other items of information which are needed for a particular SERU-based agreement. In practice this additional information may come from other types of document, such as a purchase order or a letter of agreement; but for convenience it is treated here as having been grouped within a single schedule. |
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Licensor:
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?????
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Schedule: Provider: [Name and principal place of business]
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Licensee:
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?????
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Schedule: Acquiring Institution: [Name and principal place of business]
SERU:
The acquiring institution is generally understood to be a single
institution. In cases of ambiguity, the provider and acquiring
institution will explicitly agree on a definition of the
acquiring institution and the pricing that applies to it.
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Licensed Content:
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Description: ?????
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Schedule: Acquired Content: [Name and/or description]
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Authorized Users:
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Licensee Student
Licensee Faculty
Licensee Researcher
Licensee Non Faculty Staff
Licensee Contractor Staff
Library User Unaffiliated
Interpretation: Authorized Users are here defined in accordance with the user definitions listed in SERU as 'generally accepted'.
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SERU:
The authorized user population will be defined in institutionally
appropriate ways that respect the business interests of
the provider. The provider will rely upon the acquiring
institution’s judgment in defining its user community, but may challenge
any interpretation that it considers damaging to its interests.
Unless agreed to otherwise, the following authorized user
definitions are generally accepted by both providers and
acquiring institutions:
Academic Libraries (such as school, community college, college, and university libraries): Authorized users of the content include the institution’s currently enrolled students, emeritus and current faculty, current affiliated and visiting researchers, current regular and contract staff, and other users granted access to the campus/institutional network. Alumni are not considered part of the authorized user community unless explicitly agreed to between the provider and acquiring institution. |
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What you may do:
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As AcquiringInstitution
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Access AcquiredContent from Licensee Premises or Remote Location
Interpretation: This usage term permits the acquiring institution and its authorized users to access acquired content both from the acquiring
institution's premises and from remote locations.
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SERU:
The acquisition of the provider’s electronic resource allows an
acquiring institution and its authorized users access to
the content. The number of concurrent users is not restricted
unless otherwise explicitly agreed upon by the provider and
the acquiring institution.
SERU:
Authorized users may access content from remote locations. Visitors to
the organization, such as walk-in users, are also
allowed to use the content while on the acquiring institution’s
premises but are understood to lose this access upon departure
and are excluded from remote access privileges.
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✔
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Include Link To Licensed Content in Digital Instructional Material
Interpretation: SERU
suggests that 'linking to the content of the provider’s site for use in
courses is also acceptable'. Here, this is interpreted
as permitting links to acquired content to be included in
digital instructional material.
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SERU:
Some of the accepted uses include interlibrary loan and ad hoc sharing
of single articles and chapters by individuals for
purposes of scholarship or private study. Linking to the
content of the provider’s site for use in courses is also acceptable.
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Supply Copy of Licensed Content Part Printed by Post or Fax or Secure Electronic Transmission to Third Party Library
Interpretation: SERU refers to interlibrary loan as an 'accepted use'. Here, this is interpreted as the supply of a paper copy by post, fax,
or secure electronic transmission.
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SERU:
Some of the accepted uses include interlibrary loan and ad hoc sharing
of single articles and chapters by individuals for
purposes of scholarship or private study. Linking to the
content of the provider’s site for use in courses is also acceptable.
SERU:
While interlibrary loan of printed books has been a standard, accepted
practice since the Nineteenth Century, there is no
current consensus or standardized technology pertaining to
interlibrary lending of e-books. Providers and acquiring institutions
may choose to describe a mutually acceptable process in their
quotes and purchase orders.
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As Authorized User
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Access AcquiredContent from Licensee Premises or Remote Location
Interpretation: This usage term permits the acquiring institution and its authorized users to access acquired content both from the acquiring
institution's premises and from remote locations.
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SERU:
The acquisition of the provider’s electronic resource allows an
acquiring institution and its authorized users access to
the content. The number of concurrent users is not restricted
unless otherwise explicitly agreed upon by the provider and
the acquiring institution.
SERU:
Authorized users may access content from remote locations. Visitors to
the organization, such as walk-in users, are also
allowed to use the content while on the acquiring institution’s
premises but are understood to lose this access upon departure
and are excluded from remote access privileges.
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Print Copy of Licensed Content Part for Personal Use or Academic Use
Interpretation: SERU makes no reference to the right to make printed copies. The ONIX expression interprets the making of printed copies
for scholarship, private study or personal use as permitted.
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Make Digital Copy of Licensed Content Part for Personal Use or Academic Use
Interpretation: SERU makes no reference to the right to make digital copies. The ONIX expression interprets the making of digital copies
for scholarship, private study or personal use as permitted.
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Include Link To Licensed Content in Digital Instructional Material
Interpretation: SERU
suggests that 'linking to the content of the provider’s site for use in
courses is also acceptable'. Here, this is interpreted
as permitting links to acquired content to be included in
digital instructional material.
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SERU:
Some of the accepted uses include interlibrary loan and ad hoc sharing
of single articles and chapters by individuals for
purposes of scholarship or private study. Linking to the
content of the provider’s site for use in courses is also acceptable.
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Supply Copy of Licensed Content Part to Third Party Person for Academic Use
Interpretation: SERU refers to sharing for purposes of scholarship as an 'accepted use'. Here, this is interpreted as the supply of a copy
(paper or digital) to a third party for academic use.
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SERU:
Some of the accepted uses include interlibrary loan and ad hoc sharing
of single articles and chapters by individuals for
purposes of scholarship or private study. Linking to the
content of the provider’s site for use in courses is also acceptable.
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As Walk In User
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Access AcquiredContent from Licensee Premises
Interpretation: This usage term permits walk-in users to access acquired content from the acquiring institution's premises only.
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SERU:
Authorized users may access content from remote locations. Visitors to
the organization, such as walk-in users, are also
allowed to use the content while on the acquiring institution’s
premises but are understood to lose this access upon departure
and are excluded from remote access privileges.
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Print Copy of Licensed Content Part for Personal Use or Academic Use
Interpretation: SERU makes no reference to the right to make printed copies. The ONIX expression interprets the making of printed copies
for scholarship, private study or personal use as permitted.
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Make Digital Copy of Licensed Content Part for Personal Use or Academic Use
Interpretation: SERU makes no reference to the right to make digital copies. The ONIX expression interprets the making of digital copies
for scholarship, private study or personal use as permitted.
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Supply Copy of Licensed Content Part to Third Party Person for Academic Use
Interpretation: SERU refers to sharing for purposes of scholarship as an 'accepted use'. Here, this is interpreted as the supply of a copy
(paper or digital) to a third party for academic use.
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SERU:
Some of the accepted uses include interlibrary loan and ad hoc sharing
of single articles and chapters by individuals for
purposes of scholarship or private study. Linking to the
content of the provider’s site for use in courses is also acceptable.
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What you may not do:
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As AcquiringInstitution
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Sell AcquiredContent
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SERU:
The acquiring institution recognizes that the material provided as part
of the acquisition is a valuable business asset
of the provider and that misuse of this material, such as
unauthorized resale or systematic redistribution, could negatively
affect the provider’s business. Both providers and acquiring
institutions will make reasonable efforts to prevent the misuse
of the content and limit access to authorized users, and will
not knowingly allow unauthorized users to gain access.
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Systematically Copy AcquiredContent
Interpretation: 'Systematic redistribution' is here interpreted as including systematic copying.
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SERU:
The acquiring institution recognizes that the material provided as part
of the acquisition is a valuable business asset
of the provider and that misuse of this material, such as
unauthorized resale or systematic redistribution, could negatively
affect the provider’s business. Both providers and acquiring
institutions will make reasonable efforts to prevent the misuse
of the content and limit access to authorized users, and will
not knowingly allow unauthorized users to gain access.
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Make Available AcquiredContent to Third Party (Except As Permitted)
Interpretation: 'Systematic redistribution' is here interpreted as including making material available to third parties in any way not stated
as permitted.
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SERU:
The acquiring institution recognizes that the material provided as part
of the acquisition is a valuable business asset
of the provider and that misuse of this material, such as
unauthorized resale or systematic redistribution, could negatively
affect the provider’s business. Both providers and acquiring
institutions will make reasonable efforts to prevent the misuse
of the content and limit access to authorized users, and will
not knowingly allow unauthorized users to gain access.
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As Authorized User
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Sell AcquiredContent
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SERU:
The acquiring institution recognizes that the material provided as part
of the acquisition is a valuable business asset
of the provider and that misuse of this material, such as
unauthorized resale or systematic redistribution, could negatively
affect the provider’s business. Both providers and acquiring
institutions will make reasonable efforts to prevent the misuse
of the content and limit access to authorized users, and will
not knowingly allow unauthorized users to gain access.
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Systematically Copy AcquiredContent
Interpretation: 'Systematic redistribution' is here interpreted as including systematic copying.
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SERU:
The acquiring institution recognizes that the material provided as part
of the acquisition is a valuable business asset
of the provider and that misuse of this material, such as
unauthorized resale or systematic redistribution, could negatively
affect the provider’s business. Both providers and acquiring
institutions will make reasonable efforts to prevent the misuse
of the content and limit access to authorized users, and will
not knowingly allow unauthorized users to gain access.
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Make Available AcquiredContent to Third Party (Except As Permitted)
Interpretation: 'Systematic redistribution' is here interpreted as including making material available to third parties in any way not stated
as permitted.
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SERU:
The acquiring institution recognizes that the material provided as part
of the acquisition is a valuable business asset
of the provider and that misuse of this material, such as
unauthorized resale or systematic redistribution, could negatively
affect the provider’s business. Both providers and acquiring
institutions will make reasonable efforts to prevent the misuse
of the content and limit access to authorized users, and will
not knowingly allow unauthorized users to gain access.
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Supply-related terms:
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Completeness Of Content
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SERU:
An online acquisition generally involves both content and service
provision. Content with a print equivalent should be replicated
online in as complete and timely a manner as possible.
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Service Performance
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SERU:
Performance expectations for accessing the content include: generally
uninterrupted availability, maintenance windows scheduled
to minimize subscriber disruption, and sufficient bandwidth and
system capacity to provide response time comparable to that
experienced by users of similar websites.
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Compliance With Standards And Best Practices
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SERU:
Providers recognize the importance of working with industry standards
and best practices for online information delivery
as these standards are developed and validated in the
marketplace. Appropriate areas in which standards and best practices
currently exist include: identifiers, usage statistics, link
resolution, accessibility, and authentication.
SERU: Providers and acquiring institutions recognize the need to be clear where there are as yet no established standards or best
practices.
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Continuing access terms:
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Continuing Access
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SERU:
Both acquiring institutions and providers recognize a responsibility to
preserve electronic resources. In order to ensure
future access, providers should provide for secure archiving of
the content to the extent that developing industry models
allow, either by the acquiring institution or a trusted third
party.
SERU: Unless otherwise agreed, the acquiring institution will retain access to the digital content in perpetuity either at the
provider’s site, from a copy maintained by the acquiring institution, or from a third party archive.
SERU: The means of implementing perpetual access and securing a trusted third party to archive content may vary from case to case.
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Payment terms:
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Payment Conditions
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SERU:
The acquiring institution receives the right to use the content of the
electronic resource(s) for a specified period through
payment of an agreed upon fee. The nature and extent of the
content should be clarified at the outset, including whether the
acquisition constitutes a perpetual purchase or an access of
limited duration, and whether access is provided to content that
is additional to the electronic resource being acquired.
SERU: Providers may charge a reasonable annual fee to recover their costs for providing continuing access following termination
of a subscription or for preparing archival copies.
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Other license terms and conditions:
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Licensor Intellectual Property Warranty
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SERU: The provider has secured the rights necessary to provide access to the content to the acquiring institution.
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Statutory Rights Affirmation
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SERU:
Use of the content is generally governed by applicable copyright law.
For acquiring institutions in the United States, U.S.
Copyright Law governs the use of content. Authorized uses
include any uses permitted under the appropriate existing copyright
law, including, where applicable, uses permitted as fair use.
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Applicable Copyright Law
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SERU:
Use of the content is generally governed by applicable copyright law.
For acquiring institutions in the United States, U.S.
Copyright Law governs the use of content. Authorized uses
include any uses permitted under the appropriate existing copyright
law, including, where applicable, uses permitted as fair use.
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Prevention Of Misuse
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SERU:
The acquiring institution recognizes that the material provided as part
of the acquisition is a valuable business asset
of the provider and that misuse of this material, such as
unauthorized resale or systematic redistribution, could negatively
affect the provider’s business. Both providers and acquiring
institutions will make reasonable efforts to prevent the misuse
of the content and limit access to authorized users, and will
not knowingly allow unauthorized users to gain access.
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Notification Of Terms To Authorized Users
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SERU:
While the acquiring institution cannot control user behavior, an
obligation to inform users of appropriate uses of the content
is acknowledged, and the acquiring institution will cooperate
with the provider to resolve problems of inappropriate use.
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Notification Of Misuse
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SERU:
When questionable activity such as systematic downloading is detected,
providers should notify the acquiring institution
as soon as possible. If the acquiring institution detects
inappropriate use, providers should be notified as soon as possible.
Both providers and acquiring institutions should strive to
resolve the incident quickly.
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Action Against Misuse
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SERU:
Suspension of access for the acquiring institution by a provider may be
necessary but should be an action of last resort
and, if possible, notification should precede any suspension of
access. Because legitimate activity (for example, access from
a proxy server address or authorized data mining for research
purposes) can sometimes be mistaken for systematic abuse, whenever
possible providers should employ appropriate techniques to
detect true misuse and follow industry standards in this area as
they emerge.
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Confidentiality Of User Data
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SERU:
The acquiring institution and the provider respect the privacy of the
users of the content and will not disclose or distribute
personal information about the user to any third party without
the user’s consent unless required to do so by law. The provider
should develop and post its privacy policy on its website.
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