apjanco/library-contracts · Datasets at Hugging Face

6b89f048-b7b0-4a3c-acef-e4da76b34bd4

ElsevierSD2009_amdt72_UCD_Redacted

## SEVENTY-SECOND AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the "Agreement") as last amended on 29 November 2012 and wish to amend the Agreement as set forth in this amendment ("Amendment') . NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below; and for such other good and valuable consideration; the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1\_ Except as specifically amended hereby; all of the existing terms and conditions of the Agreement are hereby ratified: Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment; the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties executed this Amendment by their respective; duly authorized representatives as of 7 December 2012. have ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) [Text deleted] [Text deleted] Na Tit. DEC 2 7 2012 Title: Managing Director, Global Sales & Customer Marketing; Science & Technology Amendment No. 1-3419283411 ## SEVENTY-SECOND AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/ Access/Fees ## THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA DAVIS No. 1-3419283411 | Subscribed Products publisher | Access | 2012 | |-----------------------------------------------|----------------------------|--------| | SciVerse@ ScienceDirect@ online Elsevier B.V. | sciencedirect sciverse.com | | | Elsevier eBooks Titles | | | | TOTAL FEES | | | ## Annex A to Schedule 1 Elsevier eBooks Titles ## UNIVERSITY OF CALIFORNIA, DAVIS | Product ID | eBooks Titles | Final Net Price 2012 | |---------------|-------------------------------------------------------------------|------------------------| | 9780123984982 | How the Great Scientists Reasoned | | | 9780124158252 | Simulation | | | 9780123979131 | Ihe Mathematical_Achievements of Pre-modern Indian Mathematicians | |

fd2f0303-9ebd-43f2-a180-752a845f1805

ST_Tier2_Knovel_signed_license_20120214_Redacted

## KNOVEL CORPORATION SUBSCRIPTION LICENSE AGREEMENT ## 1. PARTIES AND ADDRESSES This Service License Agreement (the "Agreement") is effective January 3, 2012 ("Effective Date"), and is entered into by and between: California Digital Libraries, with its principal offices at 230 Science Library, P.O. Box 19557, Irvine, California, 92623, USA ("Subscriber"); and Knovel Corporation, a Delaware corporation with its principal place of business at 13 Eaton Avenue, Norwich, New York, 13815, USA ("Knovel") - 2. TERMS. The following definitions, commercial terms and conditions are incorporated herein by reference: Definitions are found in Appendix A; Description of Licensed Product, Service Start Date and End Date and Fees are found in Appendix Band will be updated upon each renewal, and Authorized Sites and Contact Information are found in Appendix C. ## 3. SCOPE OF SERVICE LICENSE AGREEMENT - 3.1 License Grant. Knovel hereby grants to Subscriber and its Authorized Users, as defined in Section 3.3, the following revocable, non-transferable, limited, non-exclusive right and license to access the Knovel Service, as defined in Appendix A, with respect to the products identified in Appendix B (the "Licensed Products") for educational purposes. The forgoing rights include the rights to search, view and browse the Licensed Products. Subject to Section 3.2 below Knovel recommends that Subscriber's Authorized Users limit printing or downloading activity to Limited Selections. Any printed or downloaded copies of Licensed Products are to be used for internal, educational purposes only and may not be sold, distributed or transferred to a third party. Materials printed or saved from Licensed Product may not, under any circumstances, be sold in any form. - 3.2 All use of materials printed, downloaded or saved from the Licensed Product may be subject to U.S. or applicable international copyright laws. Uses beyond those permitted here and allowed by the "Fair Use" limitations of the U.S. Copyright Act of 1976 (17 U.S.C. § 107) require permission of the copyright holder of the applicable content. All use of materials printed, downloaded or saved from the Licensed Product are subject to the Usage Restrictions outlined in Section 5. 1 of this Agreement. ## 3.3 Authorized Users. - 3.3.1 Authorized Users include Subscriber's employees including faculty members (including temporary or exchange faculty for the duration of their assignment); matriculated and non-matriculated students; registered distance learning students who are permitted to access the Secure Network from within the premises of the Subscriber and from such other places where Authorized users work or study, including without limitation halls of residence and homes of Authorized Users and who have been issued by the Subscriber with a password or other authentication. - 3.3.2 Subscriber's unaffiliated, walk-in library patrons ('Walk-In Users") may be granted access to the Knovel Service and Licensed Products only if such persons access the Knovel Service on site at one of the Subscriber's libraries. - 3.3.3 Subject to Section 4.6, Subscriber acknowledges that all Authorized Users and Walk-In Users are subject to Knovel's Terms and Conditions, which are posted at http:l/why.knovel.com/general/terms-a-conditions.html ("User T&Cs"). Should the terms of the User T&Cs conflict with the terms of this Agreement, the terms of this Agreement will govern. - 3.4 Access. Knovel will provide electronic links to the Licensed Product for use from Subscriber's website. ## 4. REPRESENTATIONS AND WARRANTIES - 4.1 Knovel warrants that the Knovel Service and the Licensed Products will substantially conform to Knovel's product descriptions when used for their intended purposes. Knovel further warrants that use of the Licensed Products, when used by Subscriber according to the terms and conditions herein, will not infringe upon the intellectual property rights of third parties. Knovel agrees to indemnify defend, and hold Subscriber (and its directors, officers, shareholders, employees and agents) harmless against all costs and reasonable expenses (including reasonable attorneys' fees), damages, and liabilities in the event such a claim of infringement is made. Knovel shall not admit fault on part of Subscriber, or settle any such claim(s) in any manner affecting Subscriber's rights without Subscriber's prior written consent. - 4.2 To the best of Knovel's knowledge and ability, the Knovel Service shall not contain any "viruses," "time bombs," "Trojan horses," or any unauthorized third-party disabling devises (collectively, "Disabling Devices"). Should Knovel identify or discover any such Disabling Devices on the Knovel Service, Knovel shall use reasonable efforts to remedy and/or remove any Disabling Devices as soon as is reasonably possible. - 4.3 Although Knovel believes all content in the Licensed Products is reliable, Knovel does not warrant or guarantee the timeliness, sequence, accuracy or completeness of the content. Knovel does not warrant that the content will be error-free or trouble-free. - 4.4 Knovel (at its sole discretion) will use reasonable efforts to ensure the Knovel Service is accessible on a 24-hour per day, 7-day per week basis, subject to downtime for maintenance purposes. There can be no assurances, however, that access will be available at all times, or on an uninterrupted basis. - 4.5 EXCEPT AS EXPLICITLY SET FORTH HEREIN, KNOVEL AND ITS LICENSORS PROVIDE THE LICENSED PRODUCTS AND THE CONTENT FOUND THEREIN, RESPECTIVELY. ON AN 'AS IS' BASIS WITHOUT WARRANT OR GUARANTEE, OF ANY KIND, EITHER EXPRESSED OR IMPLIED AND KNOVEL AND ITS LICENSORS DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT SHALL KNOVEL BE LIABLE FOR: INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF PROFITS, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE KNOVEL SERVICE OR THE LICENSED PRODUCTS. WITH THE EXCEPTON OF A BREACH IN SECTION 4.1, IN ALL EVENTS, THE AGGREGATE LIABILITY OF KNOVEL HEREUNDER FOR ALL CLAIMS AND DAMAGES WILL NOT EXCEED THE AMOUNTS RECEIVED BY KNOVEL HEREUNDER DURING THE SUBSCRIBER'S THEN-CURRENT TERM OF SERVICE. - 4.6 Subscriber Warranties. Subscriber agrees and acknowledges that, to the best of its ability: (i) it shall implement reasonable procedures to restrict access to the Licensed Products to Authorized Users; (ii) it shall not knowingly permit anyone other than Authorized Users to use the Licensed Products; and (iii) it shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Products is granted under this Agreement. Subscriber shall not be held liable for the action of individual users who act without Subscriber's knowledge or consent. Subscriber further represents and warrants that it has entered into this Agreement to obtain products or services for its own account and use and not on behalf of any other person or entity. - 4.7 Misuse. Subscriber recognizes that the following are important Subscriber obligations: (i) to utilize the Licensed Product for its intended purpose; and (ii) to undertake reasonable efforts to limit access to, and use of, the Licensed Products to Authorized Users. Subscriber will take reasonable measures to detect misuse of the Licensed Products, notify Knovel of such misuse, and take corrective actions, or take such action upon request from Knovel. Knovel, in its sole discretion, may perform site usage monitoring and take action deemed necessary, including but not limited to suspending IP-specific or account access, if required to maintain service integrity for all Knovel Subscribers. - 4.8 Survival of Warranties. The foregoing representations and warranties shall survive for the Term of this Agreement (unless otherwise noted). ## 5. USAGE RESTRICTIONS AND PROHIBITED BEHAVIOR - 5.1 Usage Restrictions. Authorized Users may not systematically download digital books in their entirety with the intention of creating a personal library ("Systematic Retention"). Except as expressly permitted in this Agreement, no part of the Knovel Service or the Licensed Products may be used (directly or indirectly) for any of the following purposes: - · sub-licensing Subscriber's license to the Licensed Products in any manner including in connection with fee-for-service use; - · Commercial Use, as defined in Appendix A; - · sharing or storing on file hosting sites (whether Subscriber or nonsubscriber sites) or non-Subscriber servers; - · Systematic Reproduction, as defined in Appendix A; - · Substantial Reproduction, Retention, or Distribution, as defined in Appendix A. - 5.2 Copyright Notices I Proper Citations. Copyright notices, other notices, or disclaimers included in the Licensed Products may not be removed, obscured, or modified in any way. Any use of Limited Selections from Knovel's Licensed Product must include the proper bibliographic citation, including author attribution, full title of the work from which the Limited Selection is taken, publisher, and the copyright date. - 5.3 Derivative Works I Alterations. Subscriber acknowledges that it and its Authorized Users may not post, modify or create a derivative work of content obtained from the Knovel Service without prior, express written consent from the copyright holder of content. - 5.4 Plagiarism. Subscriber acknowledges that it and its Authorized Users may not misuse the Knovel Service to plagiarize or represent the work of others as their own. Academic, 07272011 - 5.5 Prohibited Behavior. Subscriber acknowledges that it and its Authorized Users may not use the Knovel Service or any of its features for any unlawful purposes or to facilitate or encourage any unlawful act. Authorized Users may not upload, post, transmit or otherwise disseminate on or via the Knovel Service any of the following: (i) any material that is threatening, abusive. defamatory, vulgar, obscene, profane, or otherwise objectionable or unlawful; (ii) any materials protected by copyright, trademark, or other proprietary right without a valid license or other right to do so; (iii) any advertisement, solicitation, spam or similar type of information; (iv) any private, personally identifiable information regarding others. Any other use, including the reproduction, modification, distribution, transmission, republication, rehosting, tampering, framing, or embedding of the Knovel Service, or any Commercial Use whatsoever of the Knovel Service and/or the Licensed Product, is strictly prohibited without Knovel's prior written consent. - 5.6 Reverse Engineering/Decompilation. Neither Subscriber nor its Authorized Users may reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents, or tools downloaded from or made available through the Knovel Service. Neither Subscriber nor its Authorized Users may use programs, scripts, code or other available methods to download or view multiple pages of content on the Knovel Service in an automated fashion. Neither Subscriber nor its Authorized Users may use robot, spider. scraper, or other automated means to access the Knovel Service for any purpose or bypass any measures Knovel may use to prevent or restrict access to the Knovel Service. - 5.7 Subscriber acknowledges that Authorized Users may not, under any circumstances, index the Knovel Service, the Licensed Product(s), or the Knovel site (www.knovel.com) by any means, whether now known or hereinafter invented. The Subscriber may, on behalf of its Authorized Users, index the content on the Knovel Service only with prior written approval from Knovel. Knovel may, at its own discretion, deny requests for indexing. - 5.8 Course Packs and a-Reserves. Subscriber and its Authorized Users may not incorporate all or any part of the material contained in the Licensed Product in course packs or electronic reserve collections without the prior written permission of the Publisher, who may set out further terms and conditions for such usage. Notwithstanding the foregoing, inclusion of links to the Licensed Product in electronic course packs or electronic reserve systems, whereby the Authorized User is linked directly to the Licensed Product, is allowed. - 5.9 Interlibrary Loans. Subscriber and its Authorized Users may not, under any circumstances, provide by electronic or analog means, to a user at another library, a copy of any part of the Licensed Materials for research or private study or otherwise. For avoidance of doubt, this Agreement does not permit interlibrary loans or document delivery. - 5.10 Allowed: Electronic Links. Subscriber may provide electronic links to the Licensed Product from Subscriber's web page(s) and course management systems. ## 6. INTELLECTUAL PROPERTY RIGHTS Subscriber acknowledges that all rights save for the limited and non-exclusive license(s) or other privileges granted under this Agreement are reserved to and remain the exclusive property of Knovel or its licensors, and nothing in this Agreement shall transfer any rights to Subscriber. The Knove! Service and all tools, features and content therein are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the United States and internationally. Knovel reserves the right at any time to withdraw third-party content from the Licensed Products for which Knovel no longer has rights to publish, or which Knovel has reasonable ground to believe infringes copyright or is unlawful or otherwise objectionable. Knovel will make reasonable efforts to substitute comparable content in such situations. Subscriber acknowledges that the Licensed Products contain valuable and proprietary data and information, and that the unauthorized distribution of such material could materially harm the business and prospects of Knovel or its licensors. ## 7. TERM AND TERMINATION - 7.1. Term. The Service Period covered by this Agreement is specified in Appendix B. This Agreement will renew for one year at the Service End Date and each anniversary date thereafter unless the parties negotiate a new term of license, or either party gives written Notice, as per section 8.5, of non-renewal to the other party at least ninety (90) days prior to any such anniversary date (the initial term and such renewal, collectively, the "Term"). - 7.2 Service Activation. Subscriber and its Authorized Users will gain access to the Licensed Product as of the Service Start Date. Late payment may result in a temporary suspension of access, or termination of access at Knovel's discretion. - 7.3 Should either party commit a material breach of its obligations hereunder, or should any of the representations of either party in this Agreement prove to be untrue in any material respect, the other party may, at its option, terminate this Agreement upon thirty (30) days' written notice of termination, which notice shall identify and describe the basis for such termination. If, prior to expiration of such 30-day period, the defaulting party cures such default, termination shall not take place. Notwithstanding the foregoing, Knovel reserves the right to terminate this Agreement if Subscriber routinely violates Knovel's security principles or the intellectual property rights of Knovel or a third party, if Subscriber fails to commence corrective action within ten (10)› business days after receipt of written notice from Knovel of the violation. - 7.4 Either party may, at its option and without notice, terminate this Agreement, effective immediately, should the other party: (1) make a general assignment for the benefit of creditors; (2) institute proceedings to be adjudicated a voluntary bankrupt, or consent to the filing of a petition of bankruptcy against it; (3) be adjudicated by a court of competent jurisdiction as Academic. 07272011 being bankrupt or insolvent; (4) seek reorganization under any bankruptcy act, or consent to the filing of a petition seeking such reorganization; or (5) have a decree entered against it by a court of competent jurisdiction appointing a receiver, liquidator, trustee, or assignee in bankruptcy or in insolvency covering all or substantially all of such party's property or providing for the liquidation of such party's property or business affairs. - 7.5 Payment Terms. Knovel's standard payment terms are Net 30 days. Knavel does not issue refunds. All invoice or payment inquiries should be directed to our Norwich Accounting office, located at: 13 Eaton Avenue, Norwich, NY 13815 ## 8. GENERAL - 8.1 Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will be given effect as if the invalid or unenforceable provision were not a part of this Agreement. - 8.2 Assignment. Subscriber may not assign this Agreement without the written consent of Knavel, which Knavel may withhold in its sole discretion. No assignment shall relieve Subscriber of its obligations under this Agreement. Any prohibited assignment is void. Any merger, consolidation or change of ownership of a controlling voting interest in Subscriber shall be considered to effect an assignment for purposes of this paragraph. - 8.3 Amendments; Waiver. This Agreement may not be amended except in writing signed by the authorized representatives of both parties. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the party sought to be changed therewith. The failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. - 8.4 Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, act of government, labor difficulty, sabotage, failure of suppliers or subcontractors or unavailability of material or supplies or any other cause beyond the control of such party. - 8.5 Notices. All notices under this Agreement shall be delivered personally, by first-class mail (return receipt requested}, by reputable courier service, or by facsimile message with confirmation by first-class mail or courier service, to the addresses of the respective parties as set forth by their signatures below or to such other address as the party may hereafter specify by written notice so given. Notices shall be effective upon receipt at the location of the specified address. - 8.6 Entire Agreement; Counterparts. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements and understandings between the parties, whether oral or written, relating to such subject matter. This Agreement may be executed in multiple counterparts, each of which, when executed and delivered, shall be deemed an original, but all of which shall constitute one and the same instrument. Any signature page of any such counterpart, or any facsimile or digital/electronic transmission thereof, may be attached or appended to any other counterpart to complete a fully executed counterpart of this Agreement, and any facsimile or digital/electronic transmission (including PDF and email} of any signature of a party shall be deemed an original and shall bind such party. rro FOLLOW IS SIGNATORY PAGE] Academic. 07272011 ## 9. ACCEPTANCE AND AGREEMENT IN WITNESS WHEREOF, each of the Parties hereto has caused this Agreement including Appendices A, B, and C to be executed by its duly authorized representative on the respective dates entered below. CALIFORNIA DIGITAL LIBRARIES ("Subscriber") KNOVEL CORPORATION ("Knovel") ALL NOTICES btttYlc~ Signed Name: Title: Date Signed: Name: Title: Date: ## ALL NOTICES Knovel Corporation ATIN: CONTRACTS DEPT 489 5t11 Avenue, 9th Floor New York, NY 10017 Fax: 212.297.0807 ## PAYMENT INFORMATION: Knovel Corporation ATIN: ACCOUNTS RECEIVABLES 13 Eaton Avenue Nmwich, NY 13815 Academic. 07272011 ## APPENDIX A: DEFINITIONS "Commercial Use," shall be defined as external use of the Knovel Service or Licensed Products for the purposes of financial gain or monetary reward (whether by or for the Subscriber or an "Authorized User" as described in Section 3.3, by means of the sale, resale, loan, transfer, hire or other form of exploitation of the Licensed Product. Commercial Use is expressly prohibited in this Agreement. "Educational Purposes," shall be defined as use for instruction, teaching, study and/or research. Authorized or Walk-In-Users may print and/or save Limited Selections only for non-commercial use and educational purposes, such as academic assignments or personal research. Authorized or Walk-In-Users may not post, modify or create a derivative work of the Licensed Content stored on Knavel, without prior, express written permission from the copyright holder of the Content. "Intellectual Property Rights," shall be defined as patents, trademarks, trade names, design rights, copyright (including rights in computer software and moral rights), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world. "Knavel Service," as of the effective date of this Agreement, shall be defined as a web-based information search and retrieval service operated by Knovel. The Knavel Service is subject to change at Knovel's sole discretion. The Knavel Service provides direct or indirect (via third party systems) access to information and related services by a variety of means, including but not limited to online access via an Internet site located at www.Knovel.com. The content contained in the Knovel Service includes but is not limited to, Licensed Products, engineering cases, technical papers, data, and functionality tools. "Limited Selections," means up to 25 pages or 10% of the substantive portion (i.e., all pages excluding indexes, table of contents, appendices, etc.) from one book, whichever represents the smaller quantity. Authorized Users may print and/or save Limited Selections only as they relates to internal research, educational, or work purposes. In all events, Authorized Users must abide by U.S. or applicable copyright laws and utilize the Knovel Service as intended, namely for internal research, educational or work purposes. "Service Start Date" and "Service End Date" shall be defined as the first and last day, respectively, in which the Licensed Product is accessible to the Subscriber. "Service Period," shall be defined as the span of time in which a Subscriber has access to the Licensed Product. "Substantial or Systematic" reproduction, distribution, or retention shall mean the reproduction, distribution, or retention of materials printed, downloaded or saved from the Knavel Service in such aggregate quantities as to substitute for access to the Knovel Service. Academic. 07272011 ## APPENDIX B: DESCRIPTION OF SUBSCRIPTION, TERMS AND FEES Below is a complete description of the Licensed Product: Knovel Subject Areas ("SA") Adhesives. Coatings, Sealants & Inks Aerospace & Radar Technology Biochemistry, Biology & Biotechnology Ceramics & Ceramic Engineering Chemistry & Chemical Engineering Civil Engineering & Construction Materials Computer Hardware Engineering Earth Sciences Electrical & Power Engineering Electronics & Semiconductors Environment & Environmental Engineering Food Science General Engineering & Engineering Management Industrial Engineering & Operations Management Mechanics & Mechanical Engineering Metals & Metallurgy Nanotechnology Oil & Gas Engineering Optics & Photonics Pharmaceuticals, Cosmetics & Toiletries Plastics & Rubber Process Design, Control & Automation Safety & Industrial Hygiene Sustainable Energy & Development Textiles Transportation Engineering ## Premium Content AICHE/CCPS - Center for Chemical Process Safety ASME Boiler & Pressure Vessel Code 2002-2007, Section II DIPPR 801 Patty's Toxicology Sax's Dangerous Properties of Industrial Materials (11th Edition) Vol. 1-3 In consideration of the license granted and the obligations required of the Subscriber hereunder, Subscriber agrees to pay the fees noted below. This License is non-transferable. Account Type: Academic Service Start Date: January 1, 2012 Service End Date: December 31. 2012 Band Number: Band 5 (7001 + Relevant FTE) Service and Subscription Fees, exclusive of applicable taxes Total Fee: ## Special Terms and Conditions Complimentary Access to certain ASM Bundles. Knovel will grant complimentary access to its version of the following product(s) via Knovel only if all the following conditions are met (i) Subscriber currently licenses the ASM product directly from ASM International; and (ii) Subscriber licensed said product from ASM International prior to March 1, 201 O; and (iii) Subscriber is an active Knovel Subscriber in good standing; and (iv) Knovel is allowed by ASM International to offer certain ASM content through the Knovel Service. Complimentary access will be granted to Knovel's equivalent of: ASM International Handbooks Online ("ASM HBO"). Customer acknowledges that Knovel's version of this product may not contain all titles included in the ASM International offering as Knovel may not have the rights to offer all titles contained therein on the Knovel Service. Academic. 07272011 ## APPENDIX C: SITE INFORMATION I CONTACT INFORMATION Name of Subscriber Institution/Company: CALIFORNIA DIGITAL LIBRARIES (COL). as named below: Campus Names & Address & IP Addresses All Satellite Campus & IP Addresses, including international sites. * ONLY SITES & IP RANGES LISTED BELOW WILL HAVE ACCESS TO THE LICENSED PRODUCT. Berkeley Irvine Los Angeles Merced Riverside San Diego Santa Barbara Primary Account Contact in receipt of monthly reports Contact Name: Job Title: Phone: Fax: E-mail: Address: City: State/Province: Postal Code: Country: Company Website: Research Librarian for Chemistry, Earth System Science, and Russian Studies 230 Science Library, P.O. Box 19557 Irvine CA 92623-9732 USA http:l/www.cdlib.org Academic. 07272011

AICHE/CCPS - Center for Chemical Process Safety ASME Boiler & Pressure Vessel Code 2002-2007, Section II DIPPR 801 Patty's Toxicology Sax's Dangerous Properties of Industrial Materials (11th Edition) Vol. 1-3 In consideration of the license granted and the obligations required of the Subscriber hereunder, Subscriber agrees to pay the fees noted below. This License is non-transferable. Account Type: Academic Service Start Date: January 1, 2012 Service End Date: December 31. 2012 Band Number: Band 5 (7001 + Relevant FTE) Service and Subscription Fees, exclusive of applicable taxes Total Fee:

- 7.1. Term. The Service Period covered by this Agreement is specified in Appendix B. This Agreement will renew for one year at the Service End Date and each anniversary date thereafter unless the parties negotiate a new term of license, or either party gives written Notice, as per section 8.5, of non-renewal to the other party at least ninety (90) days prior to any such anniversary date (the initial term and such renewal, collectively, the "Term"). - 7.2 Service Activation. Subscriber and its Authorized Users will gain access to the Licensed Product as of the Service Start Date. Late payment may result in a temporary suspension of access, or termination of access at Knovel's discretion. - 7.3 Should either party commit a material breach of its obligations hereunder, or should any of the representations of either party in this Agreement prove to be untrue in any material respect, the other party may, at its option, terminate this Agreement upon thirty (30) days' written notice of termination, which notice shall identify and describe the basis for such termination. If, prior to expiration of such 30-day period, the defaulting party cures such default, termination shall not take place. Notwithstanding the foregoing, Knovel reserves the right to terminate this Agreement if Subscriber routinely violates Knovel's security principles or the intellectual property rights of Knovel or a third party, if Subscriber fails to commence corrective action within ten (10)› business days after receipt of written notice from Knovel of the violation. - 7.4 Either party may, at its option and without notice, terminate this Agreement, effective immediately, should the other party: (1) make a general assignment for the benefit of creditors; (2) institute proceedings to be adjudicated a voluntary bankrupt, or consent to the filing of a petition of bankruptcy against it; (3) be adjudicated by a court of competent jurisdiction as Academic. 07272011 being bankrupt or insolvent; (4) seek reorganization under any bankruptcy act, or consent to the filing of a petition seeking such reorganization; or (5) have a decree entered against it by a court of competent jurisdiction appointing a receiver, liquidator, trustee, or assignee in bankruptcy or in insolvency covering all or substantially all of such party's property or providing for the liquidation of such party's property or business affairs. - 7.5 Payment Terms. Knovel's standard payment terms are Net 30 days. Knavel does not issue refunds. All invoice or payment inquiries should be directed to our Norwich Accounting office, located at: 13 Eaton Avenue, Norwich, NY 13815

791b7bc5-bbb5-4a2a-bece-d1a0f2a73946

Oxford_UP_Amend_UCM_06-2017_Redacted

This Addendum is d t a ed I 5111 June 2017 ## 2006 Archive License Agreement signed October 27, 2008 ## PERPETUAL ACCESS ADDENDUM TO Oxford Journals C om p et l e U on full p e x ec u t i o n hereof, this will amend the Oxford Journals Complete 2006 Archive License Agreement (the .. Agreement") that was made and en e e t r d into as of October 2008 by and between Oxford Univ r i y Press and Regents e s t of the University of California a nonroflt academic � incipal offices at the California Digital Library ---- ( '' t he Licensee"). Oxford University Press and the Regents of the U n i v rsi y e t of California, California Di g tal i Library, {COL), he e r by wish to add the terms below shown in Clause I, 2, and 3 as follows: - The following Licensed Works (as previously defined in the o ig r ina l A g r ee m nt e ) shall be au th orize d for use by COL member: University of California, Merced. - 2 Licensed Works added: - 3 T � shall be i n cu r r ed by the University of California, Merced, i n the amount o � and pa ym n shall e t be made to the Licensor's address as noted on the invoice. - 4 The terms of this Addendum w l i l be deemed to come into fo r ce on d ate of i s g atur n e herein ("the Effective Date"). - 5 Except as e x p essl r y modified herein, in all other respects, the Agreement remains in full fo rce and effect in accordance wi t h its terms. The A g r ee m e n t, as amended herein, constitutes the entire agreement between the parties concerning its subject matter. Oxford Handbooks Online Political Science 2014 Oxford Handbooks Online Political Science 2015 Oxford Handbooks Online Political Science 2016 Oxford Handbooks Online Political Science 2017 Agreed and Accepted: Agreed and Accspled: Regents of the University of California, California Digital Library (CDL) Oxford Unbersíty Press USA 9/15/2017 Date

0204093f-be9f-464e-b694-0fa1c89c8da0

Elsevier_Compendex_2008

## ELSEVIER SUBSCRIPTION AGREEMENT This agreement ("Agreement' is entered into as of 8 January 2008 by and between The Regents of the University of California olblo Tbe California Digital Library; University of California Office of the President, 415 2Oth Street, 4th Floor, Oakland, CA 94612-2901, Elsevier B.V , Radarweg 29, 1043 NX Amsterdam; The Netherlands ('Elsevier") The parties hereto agree as follows: ## SECTION 1. SUBSCRIPTION. ## Subscribed Products . Elsevier hereby grants to the Subscriber the non-exclusive, non-transferable right to access and use the products and services identified in Schedule 1 ( Subscribed Products") and provide the Subscribed Products to its Authorized Users (as defined herein) subject to the terms and conditions of this Agreement. ## 1.2 Authorized Users/Sites . Authorized Users are the full-time and part-time students, faculty, staff, researchers; and independent contractors of the Subscriber affiliated on Schedule 2 (the ~Sites") and individuals computer terminals within the library facilities at the Sites permitted by the Subscriber to access the Subscribed Products . using ## 1.3 Authorized Uses\_ The Subscriber and its Authorized Users may: - 1.3.1 access, search, browse and view the Subscribed Products; - 1.3.2 print and download a reasonable portion of the Subscribed Products; - 1.3.3 incorporate links to the Subscribed Products on the Subscriber' s intranet and internet websites, provided that the appearance of such links andor statements accompanying such links shall be changed as reasonably requesled by Elscvier; and - management systems for use in connection with courses offered by the Subscriber for academic credit. ## The Authorized Users may: - 1.3.5 Authorized Users and to third-party colleagues for their scholarly or research use - 1.4 Restrictions on Use of Subscribed Products . - Except as may be expressly permitted in this Agreement; the Subscriber and its Authorized Users may not: - 1.4.1 abridge, modify, translate Or create any derivative work based on the Subscribed Products without the written permission of Elsevier, except to the extent necessary to make them perceptible on a computer screen to Authorized Users; prior - 1.4.2 remove, obscure or modify in any way any copyright notices; other notices or disclaimers as appear in the Subscribed Products; or 1.4.3 substantially or systematically reproduce, retain or redistribute the Subscribed Products. ## 1.5 Intellectual Property Ownership . The Subscriber acknowledges that all right, title and interest in and to the Subscribed Products remain as expressly set forth in this Agreement, and that the unauthorized redistribution Elsevier and its suppliers. ## SECTION 2. ELSEVIER PERFORMANCE OBLIGATIONS. ## Access to Subscribed Products . to the Subscriber and its Authorized Users from the World Wide Web address set forth on Schedule 1 may be otherwise set forth herein. ## 2.2 Quality of Service. Elsevier shall use reasonable efforts to provide te Subscribed Products with quality of service consistent with industry standards, specifically, to provide continuous service with an average of 96.5% up-time per year, with the 3.5% down-time including scheduled maintenance and repairs performed at time to minimize inconvenience to the Subscriber and its Authorized Users, and to restore service as soon as possible in the event of an interruption or suspension of service. ## 2.3 Withdrawal of Content. Elsevier reserves the right to withdraw from the Subscribed Products content that it no longer retains false Or infringing. If the withdrawal represents more than ten (10%) percent of the content comprising the Subscribed Products , Elsevier shall refund to the Subscriber the amount of the Fees that is proportional to the amount of content withdrawn and the remaining unexpired portion of the period for which the Fees were paid. ## 2.4 Usage Data Reports: Elsevier will make usage data reports on the Subscriber' s usage activity accessible online on monthly basis to the librariansladministrators employed by the Subscriber for internal use only . Such reports may be accessed by vendors or other third parties only with the express written permission of Elsevier and for the pumpose of usage analysis of the Subscriber. Elsevier will make all reasonable efforts to comply with the then currently valid COUNTER Code of Practice. ## SECTION 3. SUBSCRIBER PERFORMANCE OBLIGATIONS. ## 3.1 Authorized Access Access to the Subscribed Products shall be authenticated by the use of Internet Protocol ("IP") address(es) indicated by the Subscriber on Schedule 2 andor usernames and passwords andlor a delegated authentication mechanism; identified on Schedule 2, requiring at least two different credentials . ## 3.2 Protection from Unauthorized Access and Use ## The Subscriber shall use reasonable efforts to: 3.2.1 ensure that access to and use of the Subscribed Products is limited to Authorized Users and that all Authorized Users are notified of and comply with the usage restrictions set forth in this Agreement; - 3.2.2 ensure that any passwords or credentials used to access the Subscribed Products are issued only to Authorized Users and that neither the Subscriber nor its Authorized Users divulge any passwords or credentials to any third party; and - 3.2.3 immediately upon becoming aware of any unauthorized use of the Subscribed Products, inform Elsevier and take appropriate steps to ensure that such activity ceases and to prevent any recurence In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access andor require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber and shall promptly restore any suspended access once the unauthorized use has ceased and the Subscriber has taken corective actions to ensure that such unauthorized use does not recur. The Subscriber shall not be liable for unauthorized use of the Subscribed Products by any Or encourage such unauthorized use Or permit such unauthorized use to continue after having actual notice thereof ## SECTION 4. FEES AND PAYMENT TERMS. The Subscriber shall pay to Elsevier the fees set forth on Schedule 1 (the "Fees within thirty (30) of date of invoice. The Fees shall be exclusive of any sales; use, value added withholding or similar tax and the Subscriber shall be liable for any such taxes in addition to the Fees. days ## SECTION 5. TERM ## 5.1 Term The term of this Agreement shall commence on January 2008 and continue until 31 December 2010. ## 5.2 Renewal. This Agreement will be automatically renewed for successive one-year terms; subject to appropriate adjustments to Schedule 1, unless either party gives notice to the other by August to the end of the then current term that it does not intend to renew\_ prior ## SECTION 6. ELSEVIER WARRANTIES AND INDEMNITIES. ## 6.1 Warranties . Elsevier warrants that use of the Subscribed Products in accordance with the termns and conditions herein will not infringe the intellectual property rights of any third party . ## 6.2 Indemnities . Elsevier shall indemnify , defend and hold hannless the Subscriber and its Authorized Users from and from or out of any third-party action o claim that use of the Subscribed Products in accordance with the tems and conditions herein infringes the intellectual property rights of such third party If any such action or claim is made the Subscriber will promptly notify and cooperate with Elsevier . This indemnity obligation shall survive the termination of this Agreement . against ## 6.3 Disclaimer EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ELSEVIER AND ITS SUPPLIERS PROVIDE THE SUBSCRIBED PRODUCTS "AS IS" AND MAKE NO REPRESENTATION OR WARRANTY AND EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CLAIM ARISING FROM OR OUT OF THE SUBSCRIBED PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES , OMISSIONS, OR DEFECTS CONTAINED THEREIN, AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ## 6.4 Limitation of Liability. Except for the express warranties and indemnities stated herein and to the extent permitted by applicable law, in no event shall Elsevier or its suppliers be liable for any indirect; incidental, special, consequential OI punitive damages, including but not limited to loss of data, business interruption or loss of profits; arising out of or in connection with this Agreement; Or shall the liability of Elsevier and its suppliers to the Subscriber exceed a sum equal to the Fees by the Subscriber hereunder, even if Elsevier or any supplier has been advised of the possibility of such liability or damages. paid ## SECTION 7. GENERAL. ## 71 Force Majeure . Neither party' s OI failure to perform any provision of this Agreement as result of circumstances beyond its control (including, but not limited war strikes, fires , floods; governmental restrictions, damage to Or destruction of any network facilities or servers) shall be deemed a breach of this Agreement. delay to, power ## 7.2 Severability. The invalidity OI unenforceability of any provision of this Agreement shall not affect any other provisions of this Agreement. ## 7.3 Entire Agreement. This Agreement contains the entire understanding and agreement of the parties and merges and supersedes any and all and contemporaneous agreements, communications; proposals and purchase orders, written OI oral, between the parties with respect to the subject matter contained herein. prior ## 7.4 Modification . No modification or waiver of any provision of this Agreement shall be valid unless in writing and signed by the parties. ## 7.5 Assignment . Or license any of its rights obligations under this Agreement unless it obtains the written consent of Elsevier, which consent shall not unreasonably be withheld. prior ## 7.6 Privacy. Elsevier shall not, consent of the Subscriber, transfer personal information of any Authorized to any non-affiliated third party or use it for any purpose other than as described in this Agreement and in the online privacy policy for the relevant online service. any Users ## 7.7 Notices All notices given pursuant to this Agreement shall be in writing and delivered to the party to whom such notice is directed at the address specified below OF the facsimile number or electronic mail address as such party shall have designated by notice hereunder. If to Elsevier: 10010-1710, USA. Ifto the Subscriber: The Regents of the University of Califomnia o/lo The California Digital Library , University of California Office of the President, 415 2Oth Street, 4th Floor, Oakland, CA 94612-2901, USA ## 7.8 Compliance with Americans with Disabilities Act . Elsevier shall make reasonable efforts to comply with the Americans with Disabilities Act (ADA). ## 7.9 Confidentiality of Usage Data. Elsevier shall maintain as confidential and not disclose to any non-affiliated third party without the Subscriber prior written consent any data relating to the usage of the Subscribed Products by the Subscriber and its Authorized Users except in aggregated, collective or anonymized form. ## 7.10 Early Termination Due To Insufficient Budgetary Allotment From Government. The Subscriber may terminate this Agreement if sufficient funds are not provided or allotted in future government-approved budgets of the Subscriber (or reasonably available OI expected to become available from other sources at the time the Subscriber'$ payment obligation attaches) to permit the Subscriber; in the exercise of its reasonable administrative discretion; to continue this Agreement. ## 7.11 Governing Law. This Agreement shall be construed according to and govemed by the laws of the State of Califomnia; USA, excluding any such laws that might direct the application of the laws of another jurisdiction: ## 7.12 Execution This Agreement may be executed in counterparts, and signatures exchanged by facsimile Or other electronic means are effective for all purposes hereunder to the same extent as original signatures. [N WITNESS authorized representatives as of the date first above written. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY (Subscriber) Name: Title: ELSEVIER B.V. (Elsevier) Nà Managing Director, Academic & Govemment ## ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed ProductslAccess/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olblo THE CALIFORNIA DIGITAL LIBRARY | Subscribed Products publisher | Access | 2008 | 2009 | 2010 | |-------------------------------------|------------------------|--------|--------|--------| | Compendex@ Elsevier Inc. TOTAL FEES | engineeringvillage com | | | | ## ELSEVIER SUBSCRIPTION AGREEMENT Schedule 2 ## Sites/IP Addresses/Contacts Subscriber: The Regents of the University of California ollo The California Digital Library ## Sites: # Auth. Users: IP Address(es) University of Califomia - Berkeley 235,000 See list below University of Califomia Davis University of California Irvine University of California Los Angeles University of Califomnia Merced University of California Riverside San University of Califomia San Francisco University of California Santa Barbara University of California Santa Cruz University of California Office of the President Califomia Digital Library Diego Estimated total number of Authorized Users at all Sites: 235,000 Estimated total number of Relevant Users at all Sites: 25,850 The Subscriber shall promptly notify Elsevier of any material changes in the number of Authorized Users, which changes may result in termination at the end of the year for which the Fees were unless the parties are able to agree to appropriate fee adjustments for any subsequent years of the term; and may substitute IP address(es) upon mutual agreement of the parties in writing: paid ## Primary Contact Name: Title: CDL Negotiator Namel Address (if different from Section 7.7): E-mail: Phone: Fax: ## Billing Contact Name: Title: Namel Address (if different from Section 7.7): E-mail: Phone: Fax: ## Accounts Payable Contact Name: Title: E-mail: Namel Address (if different from Section 7.7): Phone: Fax: The Subscriber shall promptly notify Elsevier of any changes to any of the contact information above. CDL Acquisitions Coordinator ## ELSEVIER SUBSCRIPTION AGREEMENT Schedule 2 (continued) IP Addresses UC Berkeley UC Los Angeles [Text deleted] [Text deleted] UC Merced UC Riverside [Text deleted] UC San Francisco [Text deleted] UC Santa Barbara UC Davis [Text deleted] [Text deleted] UC Santa Cruz [Text deleted] UC San Diego [Text deleted] UC Irvine [Text deleted] ## [Text deleted] UC OP California Digital Library [Text deleted] [Text deleted]

Elsevier shall maintain as confidential and not disclose to any non-affiliated third party without the Subscriber prior written consent any data relating to the usage of the Subscribed Products by the Subscriber and its Authorized Users except in aggregated, collective or anonymized form.

Elsevier shall not, consent of the Subscriber, transfer personal information of any Authorized to any non-affiliated third party or use it for any purpose other than as described in this Agreement and in the online privacy policy for the relevant online service. any Users

Elsevier reserves the right to withdraw from the Subscribed Products content that it no longer retains false Or infringing. If the withdrawal represents more than ten (10%) percent of the content comprising the Subscribed Products , Elsevier shall refund to the Subscriber the amount of the Fees that is proportional to the amount of content withdrawn and the remaining unexpired portion of the period for which the Fees were paid.

The term of this Agreement shall commence on January 2008 and continue until 31 December 2010.

d8a6369b-09e6-4923-afd3-d8eaa7cb7358

STBioOne_Renewal_amdt_10-17-2011_Redacted

## BIOONE SUBSCRIBER LICENSE ## AMENDMENT AND RENEWAL AGREEMENT This Amendment I and Renewal Agreement ("Amendment") is entered into as of the Seventeenth day of October, 2011 by and between BioOne ("BioOne") and The Regents of the University of California ("the Consortium"), in order to amend and renew the Subscriber License Agreement dated November 201 0 between the parties, (collectively referred to as the Subscriber License). Whereas the parties desire to provide for a one-year renewal of the Subscriber License, the parties agree as follows: - I. Appendix A: This section of the Subscriber License is deleted in its entirety and replaced by the following: ## MEMBERS OF THE CONSORTIUM Member administrative contact information, domain name(s), and IP address( es) may be submitted on the BioOne Order Form/Price List, or in writing to the appropriate BioOne sales agent. BioOne does not require that domain names and IP addresses be included as part of this License. ## Member institution names & addresses Domain name(s) IP address(es) List of Consortium members and their addresses. University of California Berkeley University of California Davis University of California Irvine University of California Lawrence Berkeley Laboratory University of California Lawrence Livermore Laboratory University of California Los Angeles University of California Merced University of California Riverside University of California San Diego University of California San Francisco University of California Santa Barbara University of California Santa Cruz - 2. Appendix B: This section of the Subscriber License is deleted in its entirety and replaced by the following: LICENSED MATERIALS AND FEE, SUBSCRIPTION PERIOD, AND ACCESS METHOD - I - ## THE LICENSED MATERIALS AND FEE A list of titles available as part of the BioOne service may be found on the BioOne Web site (www.bioone.org) and is subject to change from time to time. For the purposes of this License, the Licensed Materials shall include (check one and indicate Fee): ## Database List Price Discount X The B ioOne database identified as "B ioOne. I" and "B ioOne.2" [$] $] - The BioOne database identified as "BioOne. l" [$] \_\_ \_ [$] \_\_ \_ The BioOne database identified as "BioOne.2" [$] \_ \_\_ \_ [$] \_ \_\_ \_ ## SUBSCRIPTION PERIOD This License shall commence on August I, 2011 and shall remain in effect until July 31, 2012 ## ACCESS METHOD X Authentication via IP Address Authentication via Shibboleth Authentication via Athens AS WITNESS the hands of the duly authorized representatives of the parties the day and year below first written ## FORBIOONE By its agent PCG Name: Positionffitle: Signature: ## FOR THE CONSORTIUM Name: Positionffitle: Signature: BioOne Consortia! Renewal Addendum February 20 I I Date: October I 7, 2011 Date: \_\_\_\_\_\_\_\_\_ \_ - 2 - vavj'

4555788c-4fae-4e70-af85-d105ce7bb84b

Nature_add_jl_titles_2002_Redacted

## Electronic Nature Addendum to License Agreement THIS ADDENDUM is made on the 23rd of October;, 2002 day BETWEEN: Licensor: Nature Publishing Group; Inc. whose principal place of business is at 345 Park Avenue South, New York, NY 10010-1707 Licensee: The Regents of the University of California with its principal offices at the California Digital Library; University of Califomnia Office of the President; 415 20t Street, 4t Floor; Oakland, CA 94612 ## WHEREAS This is an Addendum to the License Agreement ("the License Agreement'') dated October 29, 2001 and made between the Licensor and the Licensee; ## NOW IT IS HEREBY AGREED as follows: - From the Date hereof the License Agreement shall be amended as follows: The Licensed Material shall, in addition to that specified in the License Agreement include from the date hereof the following: ## Academic Journals ## British Dental Journal The electronic versions of all the printed editions of British Dental Joumal published on or after July 1997 available for access on the Internet [at the URL <http:llwww nature com/bdj>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## British Journal of Cancer The electronic versions of all the printed editions British Journal of Cancer published on or after from time to time together with any additional material that the Licensor makes available to the Licensee. ## British Journal of Pharmacology <http:l/www.nature com/bjp>] from time to time together with any additional material that the The electronic versions of all the printed editions of British Journal of Pharmacology published on or after January 1997 available for access on the Internet [at the URL ## Bone Marrow Transplantation The electronic versions of all the printed editions of Bone Marrow Transplantation published on or after January 1997 available for access on the Internet [at the URL <http:l/www.nature comlbmt>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## Cancer Gene Therapy The electronic versions of all the printed editions of Nature Reviews Immunology published on or after January 1999 available for access on the Internet [at the URL <http:l/www .nature comlcgt>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## Cell Death & Differentiation The electronic versions of all the printed editions of Cell Death & Differentiation published on or after December 1996 available for access on the Internet [at the URL <http:llwwwnature.com/cdd>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## European Journal of Clinical Nutrition The electronic versions of all the printed editions of European Joumnal of Clinical Nutrition published on or after January 1997 available for access on the Internet [at the URL <http:l/www nature comlejcn>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## European Journal of Human Genetics The electronic versions of all the printed editions of European Journal of Human Genetics published on or after January 1998 available for access on the Internet [at the URL <http:llwww.nature comlejhg>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## Evidence-Based Dentistry The electronic versions of all the printed editions of Evidence-Based Dentistry published on or after June 2000 available for access on the Internet [at the URL <http:llwww.nature comlebd>] Licensee. ## Eye The electronic versions of all the printed editions published on or after January 2002 available for access on the Internet [at the URL <http:llwww.nature comleye>] from time to time together with any additional material that the Licensor makes available to the Licensee. of Eye ## Genes & Immunity The electronic versions of all the printed editions of Genes & Immunity published on or after September 1999 available for access on the Internet [at the URL <http:llwww nature comlgenez] from time to time together with any additional material that the Licensor makes available to the Licensee. ## Gene Therapy The electronic versions of all the printed editions of Gene Therapy published on or after January time together with any additional material that the Licensor makes available to the Licensee. ## The Hematology Journal The electronic versions of all the printed editions of The Hematology Journal published on or after January 2000 available for access on the Internet [at the URL <http:l/www nature comlthj>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## Heredity The electronic versions of all the printed editions of Heredity published on or after February 1996 available for access on the Internet [at the URL <http:l/www nature com/hdy>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## International Journal of Impotence Research Licensor makes available to the Licensee. The electronic versions of all the printed editions of International Journal of Impotence Research published on or after March 1997 available for access on the Intemet [at the URL <http:/lwww.nature comlijir>] from time to time together with any additional material that the ## International Journal of Obesity The electronic versions of all the printed editions of International Joumnal of Obesity published on or after January 1997 available for access on the Internet [at the URL Licensor makes available to the Licensee. ## Journal of Exposure Analysis & Environmental Epidemiology The electronic versions of all the printed editions of Journal of Exposure Analysis & Environmental Epidemiology published on or after February 1999 available for access on the additional material that the Licensor makes available to the Licensee. ## Journal of Human Hypertension Licensor makes available to the Licensee. The electronic versions of all the printed editions of Journal of Human Hypertension published on or after January 1997 available for access on the Internet [at the URL <http:llwww.nature com/jhh>] from time to time together with any additional material that the ## Journal of Perinatology The electronic versions of all the printed editions of Journal of Perinatology published on or after January 1999 available for access on the Internet [at the URL <http:llwww nature com/jp>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## Leukemia The electronic versions of all the printed editions of Leukemia published on or after January 1997 available for access on the Internet [at the URL <http:l/www nature com/leu>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## Microcirculation The electronic versions of all the printed editions of Microcirculation published on or after March 1998 available for access on the Internet [at the URL <http:l/www nature.comlmn>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## Molecular Psychiatry The electronic versions of all the printed editions of Molecular Psychiatry published on or after January 1997 available for access on the Internet [at the URL <http:llwww nature comlmp>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## Neuropsychopharmacology (new for 2003) The electronic versions of all the printed editions of Neuropsychopharmacology published on or after 2] from time to time together with any additional material that the Licensor makes available to the Licensee. ## Oncogene The electronic versions of all the printed editions of Oncogene published on or after January 1997 available for access on the Internet [at the URL <http:llwww.nature comlonc>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## The Pharmacogenomics Journal Licensor makes available to the Licensee. The electronic versions of all the printed editions of The Pharmacogenomics Joumal published on or after January 2001 available for access on the Internet [at the URL <http:l/www .nature. comltpj>] from time to time together with any additional material that the ## Prostate Cancer & Prostatic Diseases The electronic versions of all the printed editions of Prostate Cancer & Prostatic Diseases published on or after September 1997 available for access on the Internet [at the URL <http:llwww.nature comlpcan>] from time to time together with any additional material that the Licensor makes available to the Licensee. ## Spinal Cord The electronic versions of all the printed editions of Spinal Cord published on or after January 1997 available for access on the Internet [at the URL <http:llwww.nature com/sc>] from time to time together with any additional material that the Licensor makes available to the Licensee. The License Fee shall be [Text deleted] - 2 Save as set out herein the License Agreement shall remain in full force and effect and the terms of the License Agreement shall apply to the Licensed Material set out herein as ifit were included in the License Agreement from the date hereof. ## To run from January 1, 2003 to December 31,2003 [Text deleted] Signed For anc Nature [Text deleted] Signed by For and or Licensee

b9ff3356-dfcf-4489-96da-88aaaf903f5a

Tier2_LandScan_2012_Redacted

## EAST VIEW INFORMATION SERVICES LICENSE AGREEMENT FOR THE ## LANDSCAN GLOBAL POPULATION DATABASE This License Agreement ("Agreement' is effective between East View Information Services; Licensed Matcrial is owned by and acquired under license from UT-Battelle LLC, ("UT-Battelle") the management and operating contractor of the Oak Ridge National Laboratory ( ORNL"), on behalf of the US. Dcpartment of Energy ("DoE") under Contract Number DE-ACOS OOOR22725. acting In consideration of the mutual promises contained herein and Other and valuable consideration; the reccipt and sufficiency of which is hereby acknowledged;, the parties agree as follows: good ## CONTENI OE LICENSED MAIERIALS; GRANT OE LICENSE The materials comprising this Agreement consist of licensed digital data and derived onlinc The data was produced by UT-Battelle and is hereby provided under license as value-added, digital data product. Licensor hereby grants to Licensee non-exclusive andnon-transferable use of the Licenscd Materials and the right to provide the Licensed Materials to Authorized Users in accordance with this Agreement . ## IL. East View agrees to provide digital data in raw format via file transfer protocol (FTP) or on DVDROM and unlimited Internet access via Web user and Geographic Information System (GIS) applications to the Liccnsed Materials from Authorized Users originating from the Licensee's Internet Protocol address ranges\_ The Licensed Materials constitute a one-time purchase with pricing as set forth by the Licensce's sales rcpresentative. Once the order has been confirned and an invoice document generated, payment is due within 60 of the invoice gencration unless otherwise agreed upon by both parties and stipulated on the invoice; with payment of any duty or value-added tax prevailing at purchase the sole responsibility ofthe Liccnsee days ## IIL CoPYRIGII Both parties to this Agreement acknowledge that copyright and title to the Licensed Materials and any trademarks or service marks relating thereto rests exclusively with UT-Battelle Neither Licensee nor its Authorized Users shall any right, title or interest in the Licensed Materials have except as expressly set forth in this Agreement. ## IV SCOPE OF LICENSE; ACCESS Means of Authcntication Licensee and Authorized Users may access the Licensed Materials automatically and directly on the Internet by Internet Protocol (IP) address authentication from the IP address ranges registered to Licensee as listed by the Licensee. If a proxy server is registered for access, Licensee agrees to maintain the security of the access by Authorized Users before allowing use of the proxy to any remote or on-site user. being Dcfinitions\_of Authorized\_Users: persons affiliated with the Licensee (including employees, affiliated researchers and independent contractors performing work for the Licensee) , regardless of physical location. Also included in this definition are "Walk-in" users, patrons not affiliated with Authorized\_Uses: Licensee s Authorized Users may make all use of the Licensed Materials that is consistent with U.S. copyright law Access. The Licenscd Materials may be used for research, education or other non-commercial use as follows: - a) Display. Authorized Users shall have the right to electronically display the Licensed Materials. - b) Digital and Print\_Copies: Authorized Users may download; print; and digitally copy or otherwise reproduce by photocopies a reasonable portion of the Licensed Materials . - c) Caching Authorized Users may make local digital copies of the Licensed Materials in order to ensure efficient use by Authorized Users by appropriate browser or other software. - d) Collections\_of\_Information: Authorized Users shall be permitted to cxtract or use OI research purposes, including extraction and manipulation illustration; explanation; example, comment, criticism; teaching; research, or analysis. - e) Resource\_Sharing: AuthorizedUsers may transmit to a third party in hard copy Or electronically, minimal, insubstantial amounts of the Licensed Materials for personal use Or scholarly, educational, or scientific research Or professional use but in no case for resale. Authorized Users also have the right to use, with appropriate credit; figures; tables and brief excerpts from the Licensed Materials in the Authorized User's own scientin scholarly and educational works. ## V Unauthorized Use Licensee shall not knowingly permit access by other than Authorized Users to not be held responsible for unauthorized use, provided the Licensee promptly notifies the Licensor of any such use of which it becomes aware and undertakes reasonable efforts to cause such activity to ceasc. Modification\_of\_Licensed\_Materials . Licensee shall not modify or create any independent derivative works ofthe Licensed Materials without express written permission . Removal of\_Copyright\_Notice: Licensee not remove, obscure Or modify any copyright or other notices included in thc Licensed Materials . may Commercial\_Purposes\_and\_Proprietary\_Rights. Other than as specifically permitted in this Agreement; Licensee may not use the Licensed Materials for commercial purposes; including but not limited to the sale of the Licensed Materials or bulk reproduction Or distribution of the Licensed Materials in any form. Licensee acknowlcdges that the Licensed Materials are proprietary to UT-Battelle and shall remain the exclusive property of UT-Battelle; and that the Licensee has no vested rights therein other than as set forth herein. Dissemination Licensee may not upload the Licensed Materials or otherwise render the Licensed Materials accessible via the Internet to the general public for any reason; or to any outside vendor or third party for commercial purposes such as indexing Or archiving: ## VI LICENSOR PERFORMANCE QBLIGATIONS Availability of Licensed Materials. the Effectivc Date of this Agreement, Liccnsor shall make the Licensed Materials available to the Licensee's Authorizcd Users via secure servers on Licensee's premises and via the Licensee 's choice of FTP or DVD-ROM delivered by the Licensor to the Licensee 's premises. Upon Interface and Documentation. Licensor will provide and maintain an English language interface; associated help files and other appropriate user documentation. Printing Licensor shall provide Licensee's Authorized Users with the ability to from the site. print Support and Quality of Service: Licensor will provide an appropriate level of customer assistance and will offer reasonable levels of continuing support to assist Licensee pertaining to use of the Licensed Materials. Licensor will make its personnel available as needed for customer support and technical assistance. Quality of Product. Licensor shall use rcasonable efforts to ensure that the Licensed Materials conform to prevailing digital data standards . Specifically, all digital raster files will be readable and usable; all files will be named and categorized properly; and that delivery of all data conforms to expectations and standards set forth in this Agreement. For any instances in which these standards are not met, Licensor will rectify the problem in a reasonable amount of time; in accordance with support and service standards listed above. Quality\_of Service. Licensor shall use reasonable efforts to ensure that the Licensor's server has a quality of service comparable to current standards in the online information industry. Licensor shall use reasonable efforts to provide continuous service seven (7) a week with an average of 98% uptime per month. The 2% downtime includes periodic unavailability due to maintenance of the server(s), the installation Or of software the loading of additional Licensed Materials as they become available, and downtime related to the failure of equipment or services outside the control of Licensor, including but not limited to public Or private telecommunications services Or nodes Or facilities. Scheduled downtime will be days testing performed at a time to minimize inconvenience to Licensee and its Authorized Users. Licensor shall notify Licensee promptly of all instances of system unavailability that occur outside the Licensor's normal maintenance window and use reasonable effort to provide advance notice of hardware or software changes that may affect system performance. Licensee shall immediately notify Licensor; and Licensor shall promptly use reasonable efforts to restore access to the Licensed Materials as soon as possible Notification of Modifications of Licensed Materials. Licensee understands that from time to time modified , or deleted from by Licensor andor that portions of the Licensed Materials may migrate to other formats. Licensor shall give prompt notice of any such changes to Licensee. Failure by Licensor t0 provide such reasonable notice shall be grounds for immediate termination of the Agreement by Licensee except regular changes by daily or monthly update. If any modifications render the Licensed Materials less useful to the Licensee or its Authorized Users, the Licensee may treat such modifications as a material breach subject to the Early Termination provisions of this Agrecment below. Further; Licensor shall notify Licensee as soon as possible when and server domain names that affect Licensee's access are modificd . Complcteness\_of\_Content. Where possible, Licensor shall inform Licensee of instances where online content materially differs from the versions of the Licensed Materials, and shall undertake reasonable efforts to deliver the Licensed Materials completely and accurately. print Withdrawal\_of\_Licensed\_Materials. Licensor reserves the right 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 otherwise objectionable. Licensor shall give written notice to the Licensee of such withdrawal no later than (30) following the removal of any item pursuant to this section. If any such Materials less useful to Licensee Or its Authorized Users, Licensor shall reimburse Licensee in an amount that the withdrawal is proportional to the total Fees owed by Licensee under this Agreement . thirty days ## VIL LICENSEE PERFORMANCE QBLIGATIONS Provision\_of\_Notice\_of\_Licensc\_Terms\_to\_Authorized\_Users: Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Materials is granted under this Agreement including, in particular; any limitations on access or use of the Licenscd Materials as set forth in this Agreement. Protection from Unauthorized Use. Licensce shall use reasonable efforts to protect the Licensed Materials from any use that is not permitted under this Agreement . ## VIII MUIUAL PEREORMANCE QBLIGATIONS Cure\_Activities: In the event of any unauthorized use of the Licensed Materials by an Authorized User, Licensee shall cooperate with Licensor in the investigation of any unauthorized use of the Licensed Materials of which it is made aware and shall use reasonable efforts to remedy such unauthorized use and prevent its recurrence. Licensor may terminate such Authorized User's Web use and GIS access to the Licensed Materials after first providing reasonable notice to Licensee and cooperating with the Licensee to avoid recurrence of any unauthorized use. Confidentiality\_of User\_Data; Licensor agrees to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Liccnsee and its Authorizcd Users. Licensee agrees to maintain the confidentiality of any data relating to the usage of the Licensed Materials by individual Authorized Users. Raw usage data, including but not limited to information relating to the identity of specific users andor uses; shall not bc provided to any third party. ## IX. IERM This Agreement is cffective upon the signing of this document for thc term of one year . ## REPRESENIATIONS AND WARRANIIES Subject the Limitations set forth elsewhere in this Agreement: to Licensor warrants that it has the right t0 license the rights granted under this Agreement 10 use Licensed Materials; that it has secured any and all necessary permissions from third parties to license the Licensed Materials, and that use of the Licensed Materials by Authorized Users in The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses; Or which arise from any claim by any third party of an alleged infringement of copyright or any othcr property right arising out of thc use of thc Licensed Materials by the Licensce or any Authorized Uscr in accordance with the terms of this Agreement . This indemnity shall survive the termination of this agreement. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. information (or the direct product thercof) fumished to Licensee; either directly or indirectly by Licensor in the grant of license to the Licensed Copyrights; from the United States of America; directly or indirectly without first complying with all requirements of the Export Administration Regulations; including thc requirement for obtaining any export license; if applicable. Licensee and licensor hereby indemnify; defend and hold harmless one another and UT Battelle; and pcrsons acting on regulations, either directly or indirectly; and any and all liabilities; penalties; fines; forfeitures, claims; demands; causes of action; damages; and costs and expenses (including the costs of defense; prosecution and/or settlement; including; but not limited attorney 's fees), caused arising out of or related in whole or in part, Licensee 's or any other action or inaction relating to Licensed Copyrights or Licenscd Materials, including but not limited claims Or demands of product liability; personal injury; death, damage to property or violation of against by . to, to, to, Notwithstanding anything else in this Agreement: Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein; libel, infringement of rights of publicity, privacy, trademark rights, moral rights; or the disclosure of confidential information. Except for the express warranties stated herein; the Licensed Matcrials are provided on an as is" basis; and Licensor disclaims any and all other warranties; conditions, or representations (express, implied, oral or written) , relating to the Licensed Materials or any part thereof; including; without limitation; any and all implied warranties of quality, performance; mcrchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus; worm time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation t0 Authorized Users; Or to third party. any Neither party shall be liable for any indirect; special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption; or loss of profits; out of the use of or the inability to use the Licensed Materials. arising ## XII EARLY TERMINATION In the event that either party believes that the othcr materially has breached any obligations under this Agreement, or if Licensor believes that Licensee has exceeded the scope of the License; such party shall so notify the breaching party in writing The breaching party shall have sixty (60) days from the receipt of notice t0 cure thc alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the sixty (60) period, the non-breaching party shall have the right to terminate the Agrcement without furiher notice. day Termination of this Agreement for cause online access o the Licensed Materials by Licensee and Authorized Users shall be terminated. Authorizcd copies of Licensed Materials may be retained by Licensee or Authorized Users and used subject to the terms ofthis Agreement. Upon a refund of any fees or pro-rata portion thercof by Licensee for any remaining period of the Agreement from the date of termination. paid The appropriate US law shall apply to any disagreements or disputes arising from this agreement that are not resolved through the normal process of discussions . ## XIIL FORCE MAJEURE Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hercunder if such or default is caused by conditions beyond its control including; but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export Or other necessary license) wars, insurrections andor any other causc beyond the reasonable control of the party whose performancc is affected. delay ## XIV. ENTIRE AGREEMENI This Agreement constitutes the entire agreement of the parties and supersedes all prior oral or written. ## XV. AMENDMENI No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signcd by authorized representatives of Licensor and Licensee. ## XVI SEVERABILIIY The invalidity of any provision of this Agreement as determincd by a court of compctent jurisdiction shall in no way invalidate any remaining provision hercof. ## XVIL WAIVER OF CONTRACIUAL RIGHI Waiver of any provision herein shall not be dccmed a waiver of any other provision hercin, nor as a continuing waivcr of other breaches of the same or other provisions of this Agreement. ## XVIIL. DISCLAIMERS NEITHER UT-BATTELLE; DoE, NOR PERSONS ACTING ON THEIR BEHALF WILL BE RESPONSIBLE FOR ANY INJURY TO OR DEATH OF PERSONS OR OTHER LIVING THINGS OR DAMAGE TO OR DESTRUCTION OF PROPERTY OR FOR ANY OTHER LOSS, DAMAGE, OR INJURY OF ANY WHATSOEVER RESULTING FROM LICENSOR 'S GRANT OF LICENSE TO LICENSEE UNDER THIS AGREEMENT . ALL LICENSED COPYRIGHTS INFORMATION , MATERIALS OR SERVICES FURNISHED UNDER OR WITH THIS AGREEMENT ( DELIVERABLES" ) ARE PROVIDED ON AN AS IS" BASIS NEITHER UT\_BATTELLE, DoE, NOR PERSONS ACTING ON THEIR BEHALF MAKF ANY REPRESENTATIONS OR EXTEND ANY WARRANTIES, EITHER EXPRESS OR IMPLIED: (a) WITH RESPECT TO THE VALIDITY OF THE LICENSED MATERIALS; (b) WITH RESPECT TO THE MERCHANTABILITY, ACCURACY, COMPLETENESS , FITNESS FOR USE OR USEFULNESS OF ANY DELIVERABLES; (c) THAT THE USE OF ANY SUCII LICENSED MATERIALS WILL NOT INFRINGF PRIVATELY OWNED RIGHTS; (d) THAT THE LICENSED MATERIALS WILL NOT RESULT IN INJURY OR DAMAGE WHEN USED FOR ANY PURPOSE; (e) THAT THE LICENSED MATERIALS WILL ACCOMPLISH THE INTENDED RESULTS OR ARE SAFE FOR ANY PURPOSE; INCLUDING THE INTENDED OR PARTICULAR PURPOSE; OR (f) WITH RESPECT TO USE, OR DISPOSITION BY LICENSEE OR ITS VENDEES OR OTHER TRANSFEREES OF LICENSED MATERIALS INCORPORATING OR MADE BY USE OF (1) COPYRIGHTS LICENSED UNDER THIS AGREEMENT OR (2) INFORMATION, IF ANY, FURNISHED UNDER THE AGREEMENT . FURTHERMORE, UT-BATTELLE AND DoE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY LICENSED MATERIALS RESULTING FROM LICENSOR 'S GRANT OF LICENSE HEREUNDER. IT IS AGREED THAT NEITHER UT-BATTELLE NOR DoE SHALL BE LIABLE FOR CONSEQUENTIAL, SPECIAL; OR INCIDENTAL DAMAGES IN ANY EVENT. LICENSEE SHALL MAKE NO WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF, UT-BATTELLE OR DoE. ## XIX NOTICES All notices given pursuant to this Agrecment shall be in writing and shall bc dccmcd rcccived within five (5) after 'mailing if sent by registered or certified mail, retumn receipt rcquested. If the specified address. Either party may change its Notice Address by written notice to the other party. days [Text deleted] es have executed this Agrccment by thcir respcctive, duly written. author ICES: BY: DATE: of Licensor Print ^ [Text deleted] [Text deleted] Titlc: PresidentCEO, East View Information Services, Inc . Addrcss; Telephone: 800-477-1005 Facsimile: 800-800-3839 E-mail: [Text deleted] B' [Text deleted] [Text deleted] [Text deleted] Print Namc: Title: Elcctronic Rcsources Librarian Address: Facsimile: E-mail: DATE: Novcmber 14 2012 ## APPENDIX A ## BUSINESS TERMS Offer: each of the six participating University of California campuses listed in Appendix B will receive the full 2011 LandScan global population dataset via: - FTP retrieval (approximately 6OOMB); - Web Map Service access with requisite Geographic Information System software; and - any Web browser; using ## [Text deleted] ## Cost: as a member of the Center for Research [Text deleted] Ierms: single invoice on or before expiration ofthe CRL offer on November 15, 2012. ## APPENDIX B [Text deleted] PARTICIPATING CAMPUSES AND INTERNET PROTOCOL ADDRESS RANGESt [Text deleted] University of California Berkeley [Text deleted] [Text deleted] University of California Irvine [Text deleted] University of California\_Los Angeles University of California\_ Riverside University of Califomnia\_San Diego ## [Text deleted] ## University of California\_Santa Barbara [Text deleted] Per California Digital Library as of October 9, 2012

Unauthorized Use Licensee shall not knowingly permit access by other than Authorized Users to not be held responsible for unauthorized use, provided the Licensee promptly notifies the Licensor of any such use of which it becomes aware and undertakes reasonable efforts to cause such activity to ceasc. Modification\_of\_Licensed\_Materials . Licensee shall not modify or create any independent derivative works ofthe Licensed Materials without express written permission . Removal of\_Copyright\_Notice: Licensee not remove, obscure Or modify any copyright or other notices included in thc Licensed Materials . may Commercial\_Purposes\_and\_Proprietary\_Rights. Other than as specifically permitted in this Agreement; Licensee may not use the Licensed Materials for commercial purposes; including but not limited to the sale of the Licensed Materials or bulk reproduction Or distribution of the Licensed Materials in any form. Licensee acknowlcdges that the Licensed Materials are proprietary to UT-Battelle and shall remain the exclusive property of UT-Battelle; and that the Licensee has no vested rights therein other than as set forth herein. Dissemination Licensee may not upload the Licensed Materials or otherwise render the Licensed Materials accessible via the Internet to the general public for any reason; or to any outside vendor or third party for commercial purposes such as indexing Or archiving:

The materials comprising this Agreement consist of licensed digital data and derived onlinc The data was produced by UT-Battelle and is hereby provided under license as value-added, digital data product. Licensor hereby grants to Licensee non-exclusive andnon-transferable use of the Licenscd Materials and the right to provide the Licensed Materials to Authorized Users in accordance with this Agreement .

Offer: each of the six participating University of California campuses listed in Appendix B will receive the full 2011 LandScan global population dataset via: - FTP retrieval (approximately 6OOMB); - Web Map Service access with requisite Geographic Information System software; and - any Web browser; using

11fc94e6-8a8d-4ceb-91e3-19f5f3d56ac8

ST_Tier2_MorganClaypool_appendAupdate_2010-05-19_Redacted

## Appendix A to Colloquium License Agreement ## Dated 05/13/2010 between Morgan & Claypool Life Sciences and ## California Digital Library UPDATED 05/19/2010 to reflect purchase of Colloquium Collection University of California campuses Los Angeles, Davis and San Francisco ## Licensed Content : Colloquium Collection One comprising 50 Colloquium Titles numbered 1-50 ## License Fee: A one-time payment of for perpetual access to the collection for the following University of California campuses: Los Angeles, Davis and San Francisco ## Hosting Fee: The license fee includes access to the content on the publisher's server for five years following completion of delivery of the content. Thereafter, the publisher may charge a hosting fee of no more than of the current license price of a collection comparable in size to the hosted content. This fee will be waived as long as the Licensee continues to license future content. The Licensee shall also have the right to locally host the content in accordance with Clause XIII.

: Colloquium Collection One comprising 50 Colloquium Titles numbered 1-50

bf80a377-c1c4-4638-b99f-858355a662ba

ST_Tier2_SAE_Intl_Technical_Papers_2013_Redacted

## STANDARD LICENSE AGREEMENT ## SAE INTERNATIONAL AND UNIVERSITY OF CALIFORNIA This License Agreement (this ' 'Agreement") is made effective as of date (the "Effective Date") between SAE International, 400 Commonwealth Drive, Warrendale, PA 15096-000 I ("Licensor'') and University of California, a non-profit academic institution, with its principal offices at The California Digital Library, University of California Office of the President, 415 20 1 h Street, 4ih floor, Oakland, CA 94612, USA ("Licensee"). In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ## I. CONTENT OF LICENSED MATERIALS; GRANT OF LICENSE The materials that are the subject of this Agreement shall consist of the electronic archive of SAE content as well as the content of the archive and the Licensed Software (hereinafter referred to as the "Licensed Materials"), as outlined in Appendix C. Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive, non-transferable, worldwide right to the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement. ## II. DELIVERY/ACCESS OF LICENSED MATERIALS TO LICENSEE Licensor will provide the Licensed Materials to the Licensee in the following manner: Network Access. The Licensed Materials will be stored at one or more Licensor locations in digital form accessible by telecommunications links between such locations and authorized locations of Licensee. ## Ill. FEES Licensee shaII make payment to Licensor for use of the Licensed Materials as described in Appendix A: All fees are due and payable by Licensee sixty (60) days after the date of invoice from Licensor, but no earlier than thirty (30) days before renewal. ## IV. AUTHORIZED USE OF LICENSED MATERIALS Authorized Users. "Authorized Users" are: | Persons Affiliated with the University of California. Full and part time employees (including faculty, staff, and independent contractors) and students of Licensee and the institution of which it is a part, regardless of the physical location of such persons. For campus locations see Appendix B. | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Walk-ins. Patrons not affiliated with Licensee who are physically present at Licensee's site(s) ("walk-ins"). | | Access by and Authentication of Authorized Users. Licensee and its Authorized Users shall be granted access to the Licensed Materials pursuant to the following: | | IP Addresses. Authorized Users shall be identified and authenticated by the use of Internet Protocol ("IP") addresses provided by Licensee to Licensor. The use of proxy servers is permitted as long as any proxy server IP addresses provided limit remote or off-campus access to Authorized Users. | | Authorized Uses. Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with the Fair Use Provisions of United States and international copyright laws. In addition, the Licensed Materials may be used for purposes of research, education or other non-commercial use as follows: | | Display. Licensee and Authorized Users shall have the right to electronically display the Licensed Materials. | | Digitally Copy. Licensee and Authorized Users may download and digitally copy a reasonable portion of the Licensed Materials. | | Print Copy. Licensee and Authorized Users may print a reasonable portion of the Licensed Materials. | | Recover Copying Costs. Licensee may charge a reasonable fee to cover costs of copying or printing portions of Licensed Materials for Authorized Users. | | Caching. Licensee and Authorized Users may make local digital copies of the Licensed materials in order to ensure efficient use by Authorized Users by appropriate browser or other software. | | Collections of Information. Licensee and Authorized Users shall be permitted to extract or use information contained in the Licensed Materials for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis. | | Course Packs. Licensee and Authorized Users may use a reasonable portion of the Licensed Materials in the preparation of Course Packs or other educational materials. | | Course Reserves (Print and Electronic). Licensee and Authorized Users may use a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction offered by the University of California. | | Electronic Links. The University of California is committed to the use of the emerging Open URL standard to allow linking to related materials in other locations. If Licensor does not use the OpenURL standard, Licensor staff will provide information to Licensee upon request to assist the Licensee in creating links directly from UC's library catalogs and licensed resources to the content at the journal, issue and article levels. | | Scholarly Sharing. Authorized Users may transmit to a third party in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercial purposes. | Text Mining. Authorized Users may use the licensed material to perform and engage in text mining /data mining activities for legitimate academic research and other educational purposes. Interlibrary Loan. Using electronic, paper, or intermediated means, Licensee at its discretion may fulfill occasional requests from other institutions, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (I 7 USC § 108, "Limitations on exclusive rights: Reproduction by libraries and archives") and the Guidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works. ## Amount of Authorized Use. Unlimited Access. Subject to the terms of this Agreement, Licensee and its Authorized Users shall have unlimited access to the Licensed Materials. ## V. SPECIFIC RESTRICTIONS ON USE OF LICENSED MATERIALS Unauthorized Use. Licensee shall not knowingly permit anyone other than Authorized Users to use the Licensed Materials. Modification of Licensed Materials. Licensee shall not modify, manipulate, or create a derivative work of the Licensed Materials without the prior written permission of Licensor. Removal of Copyright Notice. Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials. Commercial Purposes. Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials, fee-for-service use of the Licensed Materials, or bulk reproduction or distribution of the Licensed Materials in any form; nor may Licensee impose special charges on Authorized Users for use of the Licensed Materials beyond reasonable printing or administrative costs. ## VI. MUTUAL PERFORMANCE OBLIGATIONS User Surveys. Licensee and Licensor shall cooperate on the preparation and provision of user surveys to solicit feedback on the Licensed Materials from Authorized Users. Confidentiality of User Data. Licensor and Licensee agree to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee and its Authorized Users. Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate form. Raw usage data, including but not limited to information relating to the identity of specific users and/or uses, shall not be provided to any third party. Implementation of Developing Security Protocols. Licensee and Licensor shall cooperate in the implementation of security and control protocols and procedures as they are developed during the term of this Agreement. ## VII. LICENSOR PERFORMANCE OBLIGATIONS Availability of Licensed Materials. Upon the Effective Date of this Agreement and payment of the license fee, Licensor shall make the Licensed Materials available to Licensee and Authorized Users. Documentation. Licensor will provide and maintain help files and other appropriate user documentation. Training and Support. Licensor will offer installation support, including assisting with the implementation of any Licensor software. Licensor will provide appropriate training to Licensee staff relating to the use of the Licensed Materials and any Licensor software. Licensor will offer reasonable levels of continuing support to assist Licensee and Authorized Users in use of the Licensed Materials. Licensor will make its personnel available by email, phone or fax during regular business hours, Monday through Friday for feedback, problem› solving, or general questions. Qua! ity of Service. Licensor shall use reasonable efforts to ensure that the Licensor's server or servers have sufficient capacity and rate of connectivity to provide the Licensee and its Authorized Users with a quality of service comparable to current standards in the on-line information provision industry in the Licensee's locale. Licensor shall use reasonable efforts to provide continuous service seven (7) days a week with an average of 98% up-time per month. The 2% down-time includes periodic unavailability due to maintenance of the server(s), the installation or testing of software, the loading of additional Licensed Materials as they become available, and downtime related to the failure of equipment or services outside the control of Licensor, including but not limited to public or private telecommunications services or internet nodes or facilities. Scheduled down-time will be performed at a time to minimize inconvenience to Licensee and its Authorized Users. If the Licensed Materials fail to operate in conformance with the terms of this Agreement, Licensee shall immediately notify Licensor, and Licensor shall promptly use reasonable efforts to restore access to the Licensed Materials as soon as possible. In the event that Licensor fails to repair the nonconformity in a reasonable time, Licensor shall reimburse Licensee in an amount that the nonconformity is proportional to the total Fees owed by Licensee under this Agreement. Notification of Modifications of Licensed Materials. Licensee understands that from time to time the Licensed Materials may be added to, modified, or deleted from by Licensor and/or that portions of the Licensed Materials may migrate to other formats. Licensor shall give a ninety (90) day notice of any such changes to Licensee. Failure by Licensor to provide such notice shall be grounds for immediate termination of the Agreement by Licensee. Completeness of Content. Licensor shall use reasonable efforts to ensure that the online content is at least equivalent to print versions of the Licensed Materials, represents complete, faithful and timely replications of the print versions of such Materials, and will cooperate with Licensee to identify and correct errors or omissions. Continued Training. Licensor will provide regular system and project updates to Licensee as they become available. Licensor will provide additional training to Licensee staff made necessary by any updates or modifications to the Licensed Materials or any Licensor software. Notice of Terms of"Click-Through" License Terms. In the event that Licensor requires Authorized Users to agree to terms relating to the use of the Licensed Materials before pennitting Authorized Users to gain access to the Licensed Materials (commonly referred to as "click-through" licenses), Licensor shall provide Licensee with notice of and an opportunity to comment on such terms prior to their implementation. In no event shall the terms of such "click-through" licenses materially differ from the provisions of this Agreement. Jn the event of any conflict between the terms of such "click-through" licenses and this Agreement, the terms of this Agreement shall prevail. Usage Statistics. Licensor must provide both composite use data for the system-wide CDL and itemized data for individual campuses, on a monthly basis. Use data should be at the level of detail required for objective evaluation of both product performance and satisfaction of user needs, including title-by-title use of journals. Providers should follow the International Coalition of Library Consortia (ICOLC) "Guidelines for Statistical Measures of Usage of Web-Based Infonnation Resources" or provide information in compliance with COUNTER or other recognized international standard. Compliance with Americans with Disabilities Act. Licensor shall make reasonable efforts to comply with the Americans with Disabilities Act (ADA) requirements, Section 508 of the Rehabilitation Act Amendments, and provide Licensee current completed Voluntary Product Accessibility Template (VPAT). ## VIII. LICENSEE PERFORMANCE 0BLIGA TIONS Provision of Notice of License Terms to Authorized Users. Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Materials is granted under this Agreement including, in particular, any limitations on access or use of the Licensed Materials as set forth in this Agreement. Provision of Notice of Intellectual Property Right to Authorized Users. Licensee shall make reasonable efforts to provide Authorized Users with notice of any applicable Intellectual Property or other rights applicable to the Licensed Materials. Licensee shall make reasonable efforts to prevent the infringement of any Intellectual Property or other rights of the Licensor in the Licensed Materials. Licensee shall promptly notify Licensor of any infringement that comes to Licensee's attention, and take appropriate steps to avoid its recurrence. Protection from Unauthorized Use. Licensee shall use reasonable efforts to protect the Licensed Materials from any use that is not permitted under this Agreement. 1n the event of any unauthorized use of the Licensed Materials by an Authorized User, (a) Licensor may terminate such offending Authorized User's access to the Licensed Materials, (b) Licensor may terminate the access of the Internet Protocol ("IP") address(es) from which such unauthorized use occurred, and/or (c) Licensee shall terminate such Authorized User's access to the Licensed Materials upon Licensor's request. Maintaining Confidentiality of Access Passwords. Where access to the Licensed Materials is to be controlled by use of passwords, Licensee shall issue log-on identification numbers and passwords to each Authorized User and use reasonable efforts to ensure that Authorized Users do not divulge their numbers and passwords to any third party. ## IX. TERM This Agreement shall continue in effect for 15 months, September 2013 to December 2014, commencing on the Effective Date. ## X. RENEWAL This agreement shall be renewable at the end of the current term for a successive one year term unless either party gives written notice of its intention not to renew thirty (30) days before expiration of the current tenn. Renewal will be in effect upon payment of Licensor's renewal fee as set forth in a quote to be delivered by Licensor approximately 90 days prior to the expiration date. ## XI. EARLY TERMINATION In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Licensor be! ieves that Licensee has exceeded the scope of the License, such party shall so notify the breaching party in writing. The breaching party shall have sixty (60) days from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the sixty (60) day period, the non-breaching party shall have the right to terminate the Agreement without further notice. Upon Termination of this Agreement for cause online access to the Licensed Materials by Licensee and Authorized Users shall be terminated. ## XII. WARRANTIES Subject to the Limitations set forth elsewhere in this Agreement: Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials, that it has obtained any and all necessary permissions from third parties to license the Licensed Materials, and that use of the Licensed Materials by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party. Licensor warrants that the physical medium, if any, on which the Licensed Materials is provided to Licensee will be free from defects for a period of ninety (90) days from delivery. ## XIII. LIMITATIONS ON WARRANTIES Notwithstanding anything else in this Agreement: Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials. Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated herein, the Licensed Materials are provided on an "as is" basis, and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or \vritten), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party. ## XIV. INDEMNITIES The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees. which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party may reasonably request and have the right to participate in the defense at its own expense. ## XV. ASSIGNMENT AND TRANSFER Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. ## XVI. GOVERNING LAW This Agreement shall be interpreted and construed according to, and governed by, the laws of California, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in California shall have jurisdiction to hear any dispute under this Agreement. ## XVII. DISPUTE RESOLUTION In the event of any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. Mediation. In the event that the parties cannot by exercise of their best efforts resolve the dispute, they shall submit the dispute to Mediation. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the dispute within five (5) working days after such notice. If those designated representatives cannot resolve the dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within thirty (30) calendar days after such meeting, the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement. Arbitration. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in tum shall select a third arbitrator. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying no later than sixty (60) days after the notice of arbitration is served. The arbitrator(s) shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement or to award pWlitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement. ## XVIII. FORCE MAJEURE Neither party shall be liable in damages or have the right to terminate this Agreement 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 Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, strikes or other work stoppages, and/or any other cause beyond the reasonable control of the party whose performance is affected. ## XIX. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. ## XX. AMENDMENT No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee. ## XXI. SEVERABILITY If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. ## XXll. WAIVER OF CONTRACTUAL RIGHT Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. ## XXIII. NOTICES All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies must be sent by U.S. Mail or hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party. ## If to Licensor: SAE International 400 Commonwealth Drive Warrendale, PA 15096 USA ## If to Licensee: University of California Office of the President California Digital Library 415 20th Street, 4th Floor Oakland, CA 94612 USA Attn: Licensing Dept. ## XXIV. Notice of the Use of Digital Rights Management Technology In the event that Licensor utilizes any type of digital rights management technology to control the access or the usage of Licensed Product, Licensor agrees to notify Licensee of the name, contact information and any technical specifications for the digital rights management technology utilized. ## XXV. Notice of the Use of Digital Watermarking Technology If Licensor utilizes any type of digital watermarking technology for any element of the Licensed Product, Licensor agrees that watermarks will not be visible to the human eye and will not degrade image quality. These watermarks shall not contain user-related information such as account number or IP address. If digital watermarking technology is used, Licensor agrees to notify Licensee, in advance, of the name, contact information, and any technical specifications for the technology used. ## XXVI. AUTHOR RIGHTS TO USE THEIR OWN WORK Notwithstanding any terms or conditions to the contrary in any author agreement between authors and Licensor, authors who are Authorized Users of Licensee ("Authors") whose work (''Content") is accepted for publication by Licensor during the Tenn shall retain the non-exclusive, irrevocable, worldwide, royalty-free right to use their Content for scholarly and educational purposes, including self-archiving or depositing the Content in institutional, subject-based, national or other open repositories or archives (including the author's own web pages or departmental servers), and to comply with all grant or institutional requirements associated with the Content. For the avoidance of doubt, it is the intent of the parties to this License Agreement that Licensee's Authors are third party beneficiaries of this provision of the Agreement. Nothing in this section shall eliminate or limit any other rights that Licensee or any Author may have to deposit, host or make available Content published by Licensor. ## Definitions: Author: An author of a wor!- published by Licensor who is an Authorized User of the Licensed Materials. Content: The author's accepted manuscript version (after peer review and including revisions from the peer review process but before copy-editing and final publication) of any work by an Author that is accepted for publication by Licensor. Scholarly and educational purposes: Purposes encompassing teaching, research, and institutional needs, including but not limited to the right to (a) use, reproduce, distribute, perform, and display the Content in connection with reaching, conference presentations, and lectures; (b) make full use of the Content in future research and publications; (c) republish, update or revise the Content in whole or in part for later publication; (d) meet requirements and conditions of research grants or publishing subventions provided by government agencies or non-profit foundations, and; (e) grant to the Author's employing institution some or all of the foregoing rights, as well as permission to use the Content in connection with administrative activities such as accreditation, mandated reports to state or federal governments, and similar purposes. In all cases, the Author and/or the Author's employing institution ""ill be expected to provide proper citation to the published version. Repositories or archives: Open-access digital repository services such as those provided by the Author's employing institution, an academic consortium, a discipline-based entity, or a governmental funding agency. IN WITNESS WHEREOF, the parties have executed this Agreement by their respective, duly authorized representatives as of the date first above written. ## September 2013 December 31, 2013 University of California Davis University of California lrvine University of California Los Angeles University of California Riverside January 1, 2014 December 31, 2014 University of California Berkeley University of California Davis University of California Irvine University of California Los Angeles University of California Ri versicle Total due ## Appendix A Business Terms ## Appendix B ## Campuses of the University of California | University of California, Berkeley (including Lawrence Berkeley Lab) | |-------------------------------------------------------------------------| | University of California, Davis | | University of California, Irvine | | University of California, Los Angeles | | University of California, Riverside | | University of California Office of the President | ## Appendix C Licensed Materials SAE Digital Library Technical Papers from I 998-Present (Base File)

The materials that are the subject of this Agreement shall consist of the electronic archive of SAE content as well as the content of the archive and the Licensed Software (hereinafter referred to as the "Licensed Materials"), as outlined in Appendix C. Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive, non-transferable, worldwide right to the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement.

This Agreement shall continue in effect for 15 months, September 2013 to December 2014, commencing on the Effective Date.

0259eee5-7d54-48cc-90ec-a5ab6a2ea241

Elsevier_amend3_2003

## THIRD AMENDMENT TO ELSEVIER LICENSE AGREEMENT the parties hereto have prcvim::s!y l:T1iereG into an agreement dated 30 December 2003, as amended on 24 January 2005(the "Prior Agreement") and wish to amend the Prior Ameemcnt as set forth in this amendment ("Amendment"), THEREFORE, in consideration of the mutua! such other good and vaJuable ihe, the parties hereto agree to amend the Prit" andcovenants set forth andfor and of which arc hen as of theexecution datebelow as set Except 25 fically amended a!! of the terms and conditions of the Prior arc hereby ratified, To the extent any terms or ofthe Prior conflict or are inconsistent with this Amendment, the temlS of this Amendment shail prevail. The parties have caused this Amendment to be execu!edas of this 26th day of May, 200S, ## THllID AMENDMENTTO ELSEViER UCENSE AGREEMENT Selledu!e 1 The: LiGen.sed Products and Fees identified below are in addition to those in the Prior ## UNIYERSITY OF 1-2J5J44 | | 2605 | |--------------------------|--------| | Elsevier B.Y | | | Elsevier Reference_Works | | ## UNIYERSiTY01"CAUFORNli\.-LOS ANGELES1.2J5K6R | Licensed Products publisher | Access | |-------------------------------------|-------------------| | | scicncedirect com | | of the SociaJ &.Behaviora! Sciences | | ## UMVlRSITY OF CALIFORNIA-IRVINE 1-2J5LT4 | Licensed Products publisher | Access | 2005 | |------------------------------------|-------------------|--------| | ScienceDirectg opline Elsevier B.v | sciencedirect com | | | Reference Works | | | | Encyclopedia of the Sciences | | | | TOTAL FEES | | | ## UNIVERSiTY OF CALIFORNIA-SAN DEiGO 1-2JJEHW | Licensed Products publisher | Access | 2005 | |-------------------------------|------------------|--------| | B.V, ScienceDirect@ online | sciencedirectcom | | | Elsevier Reference Works | "-"-"- | | | or the Sodal & Sciences | | | | TOIAL FEES | | |

0641bf9a-8aac-4f0e-85b6-1b985a8c545e

STACS_ltr_of_extension_2011_Redacted

Assistant Director North American Sales & Licensing ACS Publications November 11, 2010 Licensing Manager California Digital Libraries -This Letter invokes clause 3 in the "Attachment C: Business Terms" of the previous Agreement between ACS and the California Digital Library with an initial term ending December 31, 2010. Clause 3 reads: "At the end of the current three-year contract term, Licensee will have the.tion to extend the Agreement for an additional two-year period at a max·Eapped increase of er year (plus a fee of for new titles). Licensee understands that a increase in 2011 and [or, an increase of~year over a five year period 2008-2012] and a new title fee in 2011and2012 is currently considered necessary by ACS to complete Licensee's transition to the ACS's new pricing model. Both parties agree to extend the terms of the previous agreement in it's entirety, including the ACS Terms & Conditions, with the following modifications: - · The business terms for 2011 access to ACS are details in Attachment A for both the University of California system and the campuses of the California State University. Campuses of the California State University are included in the terms of this agreement through Section 2, paragraph a. - · Rights to ACS Web Editions content for Licensee are covered under the ACS Terms & Conditions, Section 3, paragraph c. For the purposes of invoking these rights, ACS agrees to consider Licensee to have subscribed to ACS Chemical Neuroscience and Journal of Physical Chemistry Letters for all participating institutions and campuses in 2010. Per the business terms in Attachment A, participating institutions and campuses will subscribe to all 38 ACS Web Editions published in 2011. - · In 2011, ACS agrees to provide a print copy of the Journal of Chemical Education to all institutions and campuses with web subscription access to this journal - - - › - · ACS recognizes the right of any participating institution to cancel acces~ Engineering News Online in 2012. Any cancelation of access must be communicated to ACS prior to December 1, 2011. ## Attachment A: Business Terms January 1, 2011-December 31, 2011 ## The University of California System 2011 Subscriptions for the sites listed in the Agreement: - · ACS Web Editions (listed in Attachment B) - · Journal of Chemical Education: - · ACS Legacy Archives Maintenance Fee: - · Chemical & Engineering News Online: ## The California State Universities 2011 Subscriptions for the sites listed in the Attachment C: - · ACS Web Editions (listed in Attachment B) - · Chemical & Engineering News Online: The California State University sites with Chemical & Engineering News Online access in 2011 are: - · the California State University Humboldt - · the California State University Long Beach - · the California State University Northridge - · the California State University Pomona - · the California State University San Bernardino - · the California State University San Diego - · the California State University San Jose - · the California State University San Luis Obispo - · the California State University Stanislaus ## Attachment B: Web Editions included under 2011 Business Terms ## 38 Web Edition Titles: Accounts of Chemical Research ACS Applied Materials and Interfaces ACS Catalysis ACS Chemical Biology ACS Chemical Neuroscience ACS Medicinal Chemistry Letters ACS Nano Analytical Chemistry Biochemistry Bioconjugate Chemistry Biomacromolecules Chemical Research in Toxicology Chemical Reviews Chemistry of Materials Crystal Growth & Design Energy & Fuels Environmental Science & Technology Industrial & Engineering Chemistry Research Inorganic Chemistry Journal of Agricultural and Food Chemistry Journal of Chemical & Engineering Data Journal of Chemical Information & Modeling Journal of Chemical Theory and Computation Journal of Combinatorial Chemistry Journal of Medicinal Chemistry Journal of Natural Products Journal of Organic Chemistry Journal of Physical Chemistry A, B, C Journal of Physical Chemistry Letters Journal of Proteome Research Journal of the American Chemical Society Langmuir Macromolecules Molecular Pharmaceutics Nano Letters Organic Letters Organic Process Research & Development Organometallics ## Attachment C: The California State University- institutions included under 2011 Business Terms ## 38 Web Edition Titles: the California State University Bakersfield the California State University Chancellor's Office the California State University Channel Islands the California State University Chico the California State University Dominguez Hills the California State University East Bay the California State University Fresno the California State University Fullerton the California State University Humboldt the California State University Long Beach the California State University Los Angeles the California State University Maritime the California State University Monterey Bay the California State University Moss Landing the California State University Northridge the California State University Pomona the California State University Sacramento the California State University San Bernardino the California State University San Diego the California State University San Francisco the California State University San Jose the California State University San Luis Obispo the California State University San Marcos the California State University Sonoma the California State University Stanislaus

ddc18c2d-5334-43c9-b405-839c8d823c69

Elsevier_INSPEC_ReaxysMainLicense_amdt3_2018_Redacted

## THIRD AMENDMENT TO ## ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 19 December 2013 (the "Agreement") and wish to amend the Agreement as set forth in this amendment ("Amendment"). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, and for such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth on schedule 1. Except ac; specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective, duly authorized representatives as of06 December 2018. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA O/B/0 THE CALIFORNIA DIGITAL LIBRARY Subscriber Rev Apr 2017 ## Schedule 1 ## Subscribed Products/ Access/Fees ## UNIVERSITY OF CALIFORNIA The subscribed products and fees identified below are in addition to those identified in the Agreement. No. 1•16759919073 | Subscribed Products - publisher | Access | USD 01/01/2019 31/12/2019 | USD 01/01/2020 31/12/2020 | 01/01/2021 31/12/2021 USD | |------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------|------------------------------|------------------------------|-------------------------------| | INSPECfi - The Institution of Engineering and Technology 8 Campuses: University of California Berkley University of California Davis University of California Irvine University of California Los geles University of California Merced University of California Riverside iego • niversity of Calif mia Santa o Cruz 2 Labs: awrence Berkeley National Labs awrence Livermore National Labs | engineeringvillage.com | | | | ## ELSEVIER SUBSCRIPTION AGREEMENT Schedule l Sites/ Authentication/Contacts Subscriber: University of California | Sites: | #Auth. Users: | Authentication: | |----------------------------------------------------------------------|-----------------|-------------------| | [University of Califomia Los Angeles Hohn F.Kennedy Memorial Library | | | | JUniversity of Califomnia Merced | | | | [University of California Riverside | | | | [University of Califomnia San Diego | | | | Labs: Lawrence Berkeley National Laboratory | On File | |------------------------------------------------|-----------| | Lawrence Livermore National Laboratory | | Estimated total number of Authorized Users for Inspec: Estimated total number of relevant Authorized Users for Inspec:- For the avoidance of doubt, other institutions and organizations that reside or do business at the above locations (including without limitation companies that are owned wholly or in part by, or affiliated with, the Subscriber) are not Sites, unless expressly stated above. The Subscriber will promptly notify Elsevier of any material changes in the number of relevant Authorized Users, which changes may result in Elsevier tenninating the Agreement at the end of the year for which the Fees were paid unless the parties are able to agree to appropriate fee adjustments for any subsequent years of the Term, and may add, withdraw or substitute authentication mechanisms upon mutual agreement of the parties in writing. Primary Contact Name: Title: Name/ Address (if different from Section 7.7): E-mail: Phone: Billing Contact Name: Title: Name/Address (if different from Section 7.7): E-mail: Phone: The Subscriber will promptly notify Elsevier of any changes to any of the contact infonnation above. Assistant Director Tor Systemwide Licensing CDL Acquisitions Coordinator University of California Geisel Library-

4fb1787e-b761-4d94-b699-1d0e931c60f4

STARTstor_Hosting_Svcs_Rider_2008_Redacted

## HOSTING SERVICES: PHASE TWO RIDER TO THE ARTSTOR DIGITAL LIBRARY LICENSE AGREEMENT This rider ("Rider") is an addendum to the ARTstor Digital Library License Agreement ("ARTstor License Agreement") entered into between the Regents of the University of California, a non-profit academic institution, with its principal offices at The California Digital Library, University of California Office of the President, 415 20th Street, 4th Floor, Oakland, CA 94612, USA ("Your Institution") and ARTstor, and unless expressly specified to the contrary herein, incorporates by reference all of the terms of the ARTstor License Agreement. This Rider is effective as of the last date of signature below ("Hosting Agreement Date"). The Rider is effective for Phase Two of the Hosting Services. During Phase Two, ARTstor will be expanding the hosting services it currently provides to additional institutions, and building tools and services with the aim of providing a better user experience as well as reducing ARTstor's costs in providing the service. ## I. Description of Services. - A. Local Content and Local Content Services. ARTstor provides a hosting service and other tools ("Hosting Service") through which Your Institution, and individual users at Your Institution, may access and make certain uses of Local Content, along with ARTstor Content (these are referred to in section 3 .6 of the ARTstor License Agreement as "Local Content Services"). "Local Content" means images, texts, and other materials that are selected and obtained by Your Institution or by Authorized Users at Your Institution from source(s) other than the ARTstor Digital Library and that are accessed and used (including displayed, reproduced, or distributed) through the ARTstor Access Software. Local Content is different from ARTstor Content as ARTstor does not select, obtain, or screen the Local Content. Instead, Your Institution or inuiviuual Authorized Users at Your Institution are solely responsible for selecting, obtaining, and screening such Local Content (and, should Your Institution share that Local Content with other institutions, for determining that such Local Content can be legally shared). - B. Hosted Collections and Personal Collections. ARTstor has created two different ways in which Local Content can be accessed by Your Institution, by individuals at Your Institution, and by others designated by Your Institution. First, there is the Hosting Service, which is the subject of this Rider, through which Your Institution can create collections of Local Content, chosen, obtained and screened by Your Institution. This type of Local Content is called "Hosted Collections." Through ARTstor' s Hosting Service, Your Institution can direct ARTstor to place these Hosted Collections on ARTstor' s servers. Your Institution will then determine who has access to these Hosted Collections, and ARTstor will make such Hosted Collections available to those persons or institutions as directed by Your Institution (provided such persons or institutions already license the ARTstor Digital Library). Additionally, an individual Authorized User at Your Institution can create a personal collection, which contains Local Content, and which can be viewed by that individual and/or by other Authorized Users at Your Institution ("Personal Collection"). The Authorized User uses the Personal Collection tools to electronically upload that Personal Collection onto ARTstor's servers, so that he or she (and others within that user's institution, if that user so designates) may access and use that Personal Collection with the ARTstor Access Software. Once Your Institution has signed a Hosting Rider, an administrator or other authorized representative of Your Institution can choose to incorporate individual Personal Collections (or a part of them) at your institution into Your Institution's Hosted Collections. Once a Personal Collection is incorporated into Your Institution's Hosted Collections, it becomes part of Your Institution's Hosted Collections (and Your Institution will determine who has access to that Local Content). Unlike Personal Collections, which may only be shared within one institution using the ARTstor Access Software, Hosted Collections may be shared among multiple institutions who are using ARTstor, provided that doing so does not violate any third party rights (as determined by Your Institution) and subject to the terms of this Rider. - C. Contributed Collections. If Your Institution wants to share a Hosted Collection with all institutions participating in the ARTstor Digital Library, and if ARTstor determines that such Hosted Collection is suitable for incorporation into the ARTstor Digital Library, the Parties will mutually agree upon the terms of such an understanding under a separate agreement ("Contributed Content Agreement"). Upon execution of a Contributed Content Agreement, the relevant content will no longer be deemed "Local Content" or part of Your Institution's "Hosted Collections" and will no longer be subject to the terms of this Rider; such content instead will be deemed "ARTstor Content" and will be subject only to the terms of the Contributed Content Agreement. - 2. Compliance with ARTstor Digital Library License Agreement and Terms and Conditions of Use. To minimize potential confusion when accessing and using Local Content along with ARTstor Content through the ARTstor Access Software, Your Institution agrees that, when accessing or using the Local Content through the ARTstor Access Software, it will only do so in accordance with the ARTstor Terms and Conditions of Use. ## 3. Protocols for Incorporation of Local Content onto ARTstor's Servers. - A. In accordance with a timetable mutually agreed upon by Your Institution and ARTstor, ARTstor will provide Your Institution with the following: ( 1) a maximum of ten ( I 0) terabytes of storage on ARTstor's servers for Your Institution's Hosted Collections; (2) assistance from ARTstor staff to facilitate the incorporation of Your Institution's Hosted Collections onto ARTstor's servers; and (3) up to four updates by ARTstor staff per calendar year. In addition, ARTstor is currently developing a set of tools that will enable administrators at Your Institution to maintain and manage hosted collections. ARTstor will provide those tools to Your Institution as they become available ("Hosting Tools"). - B. ARTstor may periodically establish, and Your Institution agrees to comply with, additional general practices, protocols, requirements, and limits concerning the Hosting Services and the loading of Local Content onto ARTstor' s servers (such as the types of files, metadata structures and characters that ARTstor supports) ("Hosting Protocols"). These Hosting Protocols are subject to change, provided that none of these Hosting Protocols conflict with the terms of this Rider or the License Agreement unless expressly agreed to in writing by Your Institution and ARTstor. Should Your Institution decide that it does not want to comply with such Hosting Protocols, Your Institution may terminate the Hosting Service upon providing ARTstor with 60 days written, advance notice, following the termination procedures described in Section 8(A) below. ARTstor will not be responsible for any problems, errors, claims, threatened claims or liabilities arising in any way with the Hosting Services should Your Institution or should others with whom Your Institution has shared its Hosted Collections not follow such Hosting Protocols or the terms and conditions of this Rider. ## 4. Timeline and Fees for Incorporation of Local Content onto ARTstor's Servers. - A. Timeline. Upon receipt of the image and data files for each Hosted Collection from Your Institution, ARTstor will evaluate the materials and provide Your Institution with an approximate date for the release of each Hosted Collection (or the release of subsequent updates to each Hosted Collection, if applicable and subject to a maximum of four updates per calendar year). This estimate, however, shall not serve as a guarantee that the Hosted Collection will be available by the anticipated release date. Due to the varying complexities associated with different collections of images and data, certain Local Content collections may require significant preparation time by ARTstor staff before incorporating the collections onto ARTstor's servers, particularly if the collections have complex metadata schema or require other technical development by ARTstor staff. - B. Fees. For the duration of this Rider for Phase Two of the Hosting Services, ARTstor will provide the items identified in Section 3(A) above to Your Institution free of charge, provided that the Hosted Collections conform to ARTstor's existing metadata schema or may easily be converted to ARTstor's existing metadata schema. ARTstor may charge fees for those Hosted Collections that require complex metadata mapping or other technical development by ARTstor staff in preparation for incorporating such content onto ARTstor' s servers. If ARTstor determines that a Hosted Collection requires complex metadata mapping or other technical development by ARTstor staff, ARTstor will provide Your Institution with a written price quote and will not perform any services in connection with such Hosted Collection absent express written authorization from Your Institution. - C. Payment Terms. Any applicable fees for Hosting Services will be agreed upon by the Parties in advance and in writing (such writing will be attached hereto as Schedule 2 and incorporated herein by reference) and are in addition to fee(s) associated with licensing the ARTstor Digital Library. Any applicable fees shall be due and payable thirty (30) days after the date of invoice. Any payments made more than thirty (30) days after they are due and payable shall be subject to a I 0% annual interest charge. All payments shall be made by credit card or check payable to ARTstor Inc. and in U.S. dollars. ## 5. Liability for Local Content. - A. Your Institution understands and agrees that ARTstor shall not be liable in any way for the selection or hosting of any Local Content, including Hosted Collections (regardless of who uploads such Local Content onto ARTstor's servers), or for any use, display, performance, reproduction, or distribution of such Local Content. In no event shall the indemnification provisions in section 12.4 of the License Agreement extend or apply in any way to Local Content, Hosted Collections, or to the Hosting Services. Your Institution represents and agrees that it has read and agreed to the provisions of Section 3.6 of the ARTstor License Agreement and that it will not violate any third party right (including, for example, contractual rights or copyrights) in posting such Local Content on ARTstor's servers, or in accessing, using (including reproducing, displaying, and making performances of) and/or sharing such Local Content. Your Institution further understands that it may need to take particular care when sharing Hosted Collections with other institutions or individuals to ensure that no third party rights are violated in doing so. - B. Your Institution understands and agrees that ARTstor shall not be held liable in any way for any Local Content that might be deemed offensive, inflammatory, obscene, defamatory, or otherwise unsuitable for some users. In the event that Your Institution is serving a wide range of audiences, including audiences of different age groups, in the scholarly and educational communities, Your Institution takes sole responsibility for determining whether the Local Content is appropriate for viewing by such individuals and for complying with any applicable federal, state and local laws including but not limited to (a) any laws regulating the provision of Local Content to audiences of different age groups; and (b) any laws regulating children's use of the Internet. Your Institution agrees to take reasonable steps to inform its Authorized Users of these disclaimers when they are accessing Local Content in the ARTstor Digital Library. If Your Institution will be providing individuals under the age of 13 with access to Hosted Collections through the ARTstor Digital Library, it is Your Institution's sole responsibility to comply with the Children's Online Privacy Protection Act, including ensuring that such individuals are not providing any personally identifiable information to access those Hosted Collections. - C. Your Institution acknowledges and agrees that ARTstor and its designees shall have the right to at any time remove from the ARTstor servers and disable access to any Local Content (including Hosted Collections or portions thereof) that violates the terms of the ARTstor License Agreement or this Rider. ## 6. Limited Licenses. - A. In connection with these Hosting Services, Your Institution hereby grants ARTstor a limited, royalty-free and non-exclusive license to: access such Hosted Collections; to reproduce such Hosted Collections as needed to provide the Hosting Services, subject to the terms herein; and to distribute or otherwise make available, make performances of, and display Local Content to Your Institution, and others as directed by Your Institution. This license will terminate with respect to: (a) any portion of the Hosted Collections when such portions of the Hosted Collections are permanently removed from the ARTstor servers; or (b) all of Your Institution's Hosted Collections that are on ARTstor's servers, within 30 calendar days from when (i) Your Institution provides notice to ARTstor in writing that it is terminating the Hosting Services or when the Hosting Services expire and are not renewed within 60 calendar days of such expiration, or (ii) the License Agreement is terminated. No right, title, or interest in the Hosted Collections is granted to ARTstor under this Rider, other than the limited license expressly set forth herein. - B. Neither Party may use the other's name or trademark(s) in any way likely to cause confusion as to the origin of goods or services, or to endorse or show affiliation with the other, except as specifically approved in writing. Notwithstanding the foregoing, ARTstor may use Your Institution's name in brochures or in other materials to identify Your Institution as a user of the Hosting Services and as an institution licensing the ARTstor Digital Library, and Your Institution is encouraged to use ARTstor's name to announce its use of the ARTstor Hosting Services and its use of the ARTstor Digital Library, provided that Your Institution correctly identifies ARTstor as a registered mark in all of its written materials and supplies ARTstor with a copy of such announcements upon ARTstor's request. - 7. Downloading. ARTstor will permit Authorized Users at Your Institution to download images from the Hosted Collections at 1024 pixels on the long side unless otherwise directed by Your Institution in writing to restrict the size of downloaded images from the Hosted Collections to 400 pixels on the long side. In the event that the original size of an image in the Hosted Collections is smaller than 1024 pixels on the long side, ARTstor will permit Authorized Users at Your Institution to download such images at 400 pixels on the long side. ## 8. Term and Termination. ## A. Hosting Services. - (I) The Phase Two Hosting Services will take effect as of the date of this Rider and will continue for a three-year term, or until ARTstor rolls out the next phase of the Hosting Services, whichever comes first, in which case the Parties may need to sign a new rider with separate terms. ARTstor's aim in providing the different phases of Hosting Services is to develop a service that is as economical as possible, while also providing high quality service to Your Institution. Notwithstanding the foregoing, the Hosting Services may be terminated: (a) by ARTstor, should Your Institution, Your Institution's Authorized Users, and/or other persons or institutions selected by Your Institution to have access to the Hosted Collections repeatedly violate the provisions of this Rider or the ARTstor License Agreement, after notice and an opportunity to cure, except that ARTstor may terminate the Hosting Services after repeated violations of Section 5(A) of this Rider, or after repeated violations of section 3.6 of the ARTstor License Agreement, without notice and an opportunity to cure (consistent with the Digital Millennium Copyright Act); or (b) by Your Institution, for any reason, and such termination shall become effective after 60 calendar days written notice to ARTstor, sent either in writing via first class mail, or by both facsimile and email, to ARTstor, directed to the ARTstor legal contact specified in Exhibit A to the License Agreement. In the event of termination, any fees paid to ARTstor for the development of specific Hosted Collections shall not be reimbursable to Your Institution unless ARTstor has not yet incurred costs to provide metadata mapping or other technical development for the corresponding collections. - (2) Within 30 calendar days from the effective date on which the Hosting Services terminate, Your Institution's Hosted Collections shall be removed from ARTstor's servers, and within 60 calendar days from the effective date on which the Hosting Services terminate or expire, ARTstor will destroy all copies of such Hosted Collections in its possession. - (3) Should Your Institution determine that, for legal or other reasons, it wants to remove certain image(s) from the Hosted Collections, Your Institution will provide written notice to ARTstor in the form of a list of images to be removed from the Hosted Collections, and ARTstor will remove such images from the Hosted Collections and from ARTstor's servers within 10 business days after receiving such written notice. Any images removed pursuant to this paragraph will not count towards the one-terabyte maximum set forth in Section 3(A)(l). - B. ARTstor License Agreement. ARTstor is striving to make available some basic Hosting Services to ARTstor participating institutions free of charge or, if that is not practicable, for minimal fees. In return for the investment of staff time and resources that A RTstor is directing toward the development of the Hosting Services, Your Institution agrees that it will continue to license the ARTstor Digital Library for a minimum of three calendar years from the date that Your Institution signs a Hosting Services Rider, subject to the availability of funds at Your Institution, as set forth in Section I 0.2 of the ARTstor Digital Library License Agreement. It is understood that, during the initial three calendar years after Your Institution signs the Hosting Services Rider, any annual increase in Your Institution's Annual Access Fee (as defined in Attachment A of the ARTstor Digital Library License Agreement) shall not exceed three percent of the Annual Access Fee charged in the previous calendar year. The terms of this provision shall expressly prevail in any conflict with the terms of the ARTstor Digital Library License Agreement between Your Institution and ARTstor. 9. - Unavailability of Hosting Services. ARTstor shall seek to provide Your Institution (and to others with whom Your Institution is sharing such Hosted Collections) with continuous access to the Hosted Collections. However, Your Institution recognizes that the Hosting Services may not be available from time to time due to maintenance of the server(s), the installation or testing of software, the loading of Hosted Collections onto ARTstor' s servers, and downtime relating to equipment or services outside the control of ARTstor, including but not limited to public or private telecommunications services or internet nodes or facilities. ARTSTOR SHALL NOT BE HELD LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM THE UNAVAILABILITY OF THE HOSTED COLLECTIONS OR LOCAL CONTENT, OR THE INTERRUPTION OF THE HOSTING SERVICES. Notwithstanding the foregoing, if the Hosting Services fail to operate in conformance with the terms of the License Agreement and this Rider, Your Institution agrees to promptly notify ARTstor, and ARTstor shall take all practicable steps to repair the nonconformity in a timely manner. In the event, due to causes within its reasonable control, ARTstor is unable to provide Your Institution with access to the Hosted Collections for an aggregate period of fourteen ( 14) consecutive days during any twelve (12) month period, Your Institution may terminate the Hosting Services Rider. As set forth above in Section 8(A)(l ), in the event of termination, any fees paid to ARTstor for the development of specific Hosted Collections shall not be reimbursable to Your Institution unless ARTstor has not yet incurred costs to provide metadata mapping or other technical development for the corresponding collections. - I 0. Taxes and Costs Associated with Using the Hosting Services. Your Institution shall be solely responsible (and ARTstor shall in no way be responsible) for any and all third-party costs, fees, and applicable taxes relating to the access and use of the Hosted Collections, including without limitation the costs associated with establishing access to the ARTstor servers, any hardware costs, and any telecommunications or other charges imposed by ca1Tiers, proprietary network operators, and/or Internet access providers, as well as for printing costs associated with printing Hosted Collections. 11. - Disclaimer of Warranties. IN ADDITION TO THE DISCLAIMERS IN THE LICENSE AGREEMENT, WHICH APPLY FULLY HEREIN, THE HOSTING SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND ARTSTOR DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENT A TIO NS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING IN ANYWAY TO: (A) THE HOSTING SERVICES AND/OR THEIR ACCESS AND USE; AND/OR (B) HOSTED COLLECTIONS, LOCAL CONTENT AND/OR THEIR POSTING OR REMOVAL FROM THE ARTSTOR SERVERS, ENABLING OR DISABLING ACCESS TO LOCAL CONTENT AND HOSTED COLLECTIONS, AND ANY AND ALL REPRODUCTIONS, DISPLAYS, TRANSMISSIONS, DISTRIBUTIONS, AND USES MADE BY ANYONE OF LOCAL CONTENT (INCLUDING HOSTED COLLECTIONS) IN ANY WAY, INCLUDING FOR EACH WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTIBILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS LIMITED BY LAW. - 12. Survival. Sections 5 and 8 through 14 of this Rider shall survive the termination of this Rider and remain in effect unless expressly indicated otherwise herein. - 13. Authority to Enter into Rider. Each Party represents and warrants that it has the authority to enter into this Rider, and to bind that Party to the terms and conditions herein. Each Party fu1ther represents and warrants that it has caused this Rider to be executed by a duly authorized representative. - 14. Entire Agreement. This Rider and the ARTstor License Agreement constitute the entire agreement of the Parties with respect to the matters contained herein, and supersede all prior oral and written agreements between the Parties with respect to the subject matter herein. Neither this Rider nor the ARTstor License Agreement shall be modified or amended except by a writing duly executed by authorized representatives of the Parties. - 15. Levels of Access. ARTstor agrees to support several levels of image sharing (i.e., access) for Your Institution, including sharing a Hosted Collection(s) within a single campus at Your Institution and sharing a Hosted Collection(s) among all of Your Institution's campuses. ARTstor will work with Your Institution's Hosting Administrator and other collection builders at Your Institution to specify access at the image level for such Hosted Collection(s). ARTstor is exploring ways to enable image sharing within the ARTstor community (i.e., fellow hosting institutions) as well as the option of providing access to the general public for selected images. - 16. Metadata Upload Tool. ARTstor is developing software that will allow Your Institution to upload Your Institution's metadata. It is anticipated that this tool, which will upload and link images and metadata, will be appropriate for novice users, will use a common input format, such as tab-delimited text, and will allow for batch loading of records. ARTstor will endeavor to develop this tool by Summer 2009, although it cannot provide guarantees with respect to deliverable dates. Upon Your Institution's request, Your Institution may obtain a periodic update on the status of ARTstor's development of this tool by contacting [email protected]?. Upon mutual consent of the Parties, Your Institution may serve as a tester for the metadata upload tool during this development phase. - 17. Cross-Collection Searching. ARTstor will provide the end user with the capability of searching across ARTstor, across all Hosted Collections within Your Institution (e.g. UC wide), across ce1tain Hosted Collections at a particular end user's campus, or within individual end users' collections (personal collections) at the user's option. This option will be available from the ARTstor search/home page and advanced search screen. - 18. During Phase Two of the Hosting Services, Your Institution shall not incur additional costs for hosting multiple collections, nor shall the cost of Hosting Services increase with the number of images in the Hosted Collections, other than what is specified in Sections 3(A) and 4(B). ARTstor reserves the right to charge fees and to increase fees when it rolls out the next phase of the Hosting Services. - 19. ARTstor will exercise reasonable efforts to return to CDL a copy of the source TIFF images contributed by Your Institution's campuses to ARTstor. Also, upon written request, ARTstor will provide to Licensee all images and metadata from the Hosted Collections in derivative file formats. However, in no event is ARTstor serving as an archive for Your Institution's images or metadata. - 20. Subject to Sections 3(A) and 4(B) and upon Your Institution's reasonable request, ARTstor will perform batch load of large files contributed by Your Institution at no additional cost to Your Institution. The timeline for such batch loading shall be mutually agreed upon by the Parties. - 21. ARTstor agrees to engage in reasonable efforts to work towards implementation to support Unicode compliance. IN WITNESS THEREFORE, the Parties have caused this Rider to be executed as of the Hosting Agreement Date. Your Institution's Name: ARTstor Inc. ntact identified in ARTstor License Agreement Printed Name: Title:\_=In=t=e"""ri=m-'--=E"""x=-ec=u=t"""i :...O:e'--'D=ir..::.e=ct=o"'"r v \_\_\_\_ \_ California\_Digital Library on behalf\_of The Regents of the University\_of California Date: \_\_ f · 03 \_\_\_\_\_ \_ Signature of Hosting Administrator identified on Schedule l Printed Name: \_\_\_ \_\_\_\_\_\_ \_\_\_ \_ Title: \_ \_ \_\_\_\_\_\_ \_\_\_\_\_\_ \_ Date: \_\_\_\_\_\_ \_ \_ \_\_\_\_ \_\_\_ \_ ## SCHEDULE 1 TO HOSTING SERVICES RIDER Name of Your Institution: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_ \_ Please note that ARTstor will use all contacts supplied by Your Institution in Exhibit A to the ARTstor License Agreement to contact Your Institution and all IP information supplied by Your Institution in Exhibit A to the ARTstor License Agreement in providing access to Hosted Collections posted on ARTstor's servers. It is understood that ARTstor currently cannot limit access to Hosted Collections to an IP range that is narrower or more limited than what Your Institution specified in Exhibit A to the ARTstor License Agreement, except that ARTstor can limit access to Hosted Collections to only those Authorized Users with Instructor-Level Privileges, as defined below. If it becomes technologically feasible for ARTstor to limit access to an IP range that is narrower or more limited than what Your Institution specified in Exhibit A and if Your Institution would like to utilize such optional access restrictions, the Parties will set forth their understandings in writing (such writing will be attached hereto and incorporated herein by reference). 1. General name attributed to the Hosted Collection(s) (please note that ARTstor does not screen this content before placing it on ARTstor's servers): \_\_\_\_\_\_\_\_\_\_\_\_\_ \_ 2. Contact Information for Your Institution's Hosting Administrator: Name: Tel. No.: \_\_\_\_\_\_\_\_\_\_\_ \_ Title: Fax No.: \_\_\_\_\_\_\_\_\_\_ \_ Address: \_\_\_\_\_\_\_\_\_\_ \_ Email: \_ \_ \_\_\_\_\_\_\_\_\_\_ \_ 3. Please indicate whether Your Institution would like ARTstor to restrict access to Hosted Collections to only those Authorized Users at Your Institution that have registered for instructor› Ievel privileges, which allow access to more advanced features, such as creating shared folders and adding instructor commentary ("Instrw..:tor-Level Privileges"): 0 ARTstor is authorized to provide access to Hosted Collections only to those Authorized Users at Your Institution that have registered for Instructor-Level Privileges. 0 ARTstor is authorized to provide access to Hosted Collections to all Authorized Users at Your Institution, regardless of whether an Authorized User has registered for Instructor› Level Privileges. 4. If Your Institution wants its Hosted Collections to be made available to institutions other than Your Institution, please list such institutions and the name and contact information (including address, telephone number, and email) for a contact person at each of those institutions below (attach additional sheets if necessary): Note: Local Content may be transmitted through ARTstor's Hosting Services to only those institutions licensing the ARTstor Digital Library. If Your Institution elects to provide access to Hosted Collections only to those Authorized Users at Your Institution that have registered for Instructor-Level Privileges, Authorized Users at the institution(s) listed above, if any, must also have Instructor-Level Privileges to access Your Institution's Hosted Collections.

- A. Your Institution understands and agrees that ARTstor shall not be liable in any way for the selection or hosting of any Local Content, including Hosted Collections (regardless of who uploads such Local Content onto ARTstor's servers), or for any use, display, performance, reproduction, or distribution of such Local Content. In no event shall the indemnification provisions in section 12.4 of the License Agreement extend or apply in any way to Local Content, Hosted Collections, or to the Hosting Services. Your Institution represents and agrees that it has read and agreed to the provisions of Section 3.6 of the ARTstor License Agreement and that it will not violate any third party right (including, for example, contractual rights or copyrights) in posting such Local Content on ARTstor's servers, or in accessing, using (including reproducing, displaying, and making performances of) and/or sharing such Local Content. Your Institution further understands that it may need to take particular care when sharing Hosted Collections with other institutions or individuals to ensure that no third party rights are violated in doing so. - B. Your Institution understands and agrees that ARTstor shall not be held liable in any way for any Local Content that might be deemed offensive, inflammatory, obscene, defamatory, or otherwise unsuitable for some users. In the event that Your Institution is serving a wide range of audiences, including audiences of different age groups, in the scholarly and educational communities, Your Institution takes sole responsibility for determining whether the Local Content is appropriate for viewing by such individuals and for complying with any applicable federal, state and local laws including but not limited to (a) any laws regulating the provision of Local Content to audiences of different age groups; and (b) any laws regulating children's use of the Internet. Your Institution agrees to take reasonable steps to inform its Authorized Users of these disclaimers when they are accessing Local Content in the ARTstor Digital Library. If Your Institution will be providing individuals under the age of 13 with access to Hosted Collections through the ARTstor Digital Library, it is Your Institution's sole responsibility to comply with the Children's Online Privacy Protection Act, including ensuring that such individuals are not providing any personally identifiable information to access those Hosted Collections. - C. Your Institution acknowledges and agrees that ARTstor and its designees shall have the right to at any time remove from the ARTstor servers and disable access to any Local Content (including Hosted Collections or portions thereof) that violates the terms of the ARTstor License Agreement or this Rider.

565db5c6-2250-4678-bee4-a132fbeed562

STTier2_Beijing_Superstar_Duxiu_Redacted

## STANDARD LICENSE AGREEMENT ## BEIJING SUPERSTAR INFORMATION TECHNOLOGY CO., LTD AND ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA This License Agreement (this "Agreement") is made effective as of April 15 (the "Effective Date") between Beijing Superstar Information Technology Co., Ltd, with principal otlice at 1212 Tower C, 3rd Street Number 9, Haidian District, Beijing 100085 China ("Licensor") and The Regents of the University of California, a non-profit academic institution, with its principal offices at The California Digital Library(UCB, UC! .A. UCSD), University of California Office of the President, 415 20'h Street, 4th floor, Oakland. CA 94612, USA ("Licensee"). Ln consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ## I. CONTENT OF LICENSED MATERIALSj GRANT OF LICENSE The materials that are the subject of this Agreement shall consist of Duxiu Knowledge Search Database (hereinafter referred to as the ''Licensed Materials"). Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right. title or interest in tht: Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement. ## II. DEUVERY/ACCESS OF LICENSED MATERIALS TO LICENSEE Licensor will provide the Licensed Materials to the Licensee in the following manner: Network Access. The Licensed Materials will be stored at one or more Licensor locations in digital form accessible by telecommunications links between such locations and authorized locations of Licensee. ## Ill. FEES . I" 11 ·, · I .. menl to Licensor for use of the Licensed Materials as follows: All fees are due and payable by Licensee sixty (60) days after the date of invoice from Licensor. ## IV. AUTllORJZED USE OF LICENSED MATERIALS Authorized Users. "Authorized Users'' are: Persons Afliliated with the University of California. Full and part time employees (including faculty. staff, and independent contractors) and students of Licensee and the insti tution of which it is a part. regardless of the physical location of such persons. for campus locations see Appendix A. Walk-ins. Patrons not affiliated with Licensee who are physically present at Licensee's site(s) (''walk -ins"). Access by and Authentication of Authorized Users. Licensee and its Authorized Users shall be granted access to the Licensed Materials pursuant to the following: LI! Addresses. Authorized Users shall be identified and authenticated by the use of Internet Protocol (''IP' ') addresses provided by Licensee to Licensor. The use of proxy servers is pennitted as long as any proxy server IP addresses provided limit remote or off-campus access to Authorized Users. Authorized Uses. Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with the Fair Use Provisions of United States and international copyright laws. In addition. the Licensed Materials may be used for purposes of research, education or other non-commercial use as follows: Display. Licensee and Authorized Users shall have the right lo electronically display the Licensed Materials. Print Copy. Licensee and Authorized Users may print a reasonable portion of the Licensed Mal~rials. Recover Copving Costs. Licensee may charge a reasonable fee to cover costs of copying or printing portions of Licensed Materials for Authorized Users. Collections of Information. Licensee and Authorized Users shall be permitted to extract or use information contained in the Licensed Materials for educational, scienti fie. or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation. example, comment, criticism. teaching. research, or analysis. Course Packs. Licensee and Authorized Users may use a reasonable portion of the Licensed Materials in the preparation of Course Packs or other educational materials. Course Reserves (Print and Electroni~. Licensee and Authorized Users may use a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction offered by the University of California. Electronic Links. The University of California is committed to the '1Se of the emerging OpenURL standard to allow linking to related materials in other locations. lf Licensor docs not use the Open URL standard, Licensor staff will provide infonnation to Licensee upon request to assist the Licensee in creating links directly from UC's library catalogs and licensed resources to the content at the journal, issue and article levels. Scholarly Sharing. Authorized Users may transmit to a third party in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials for personal use or scholarly. educational. or scientific research or professional use but in no case for n:sale or commercial purposes. Interlibrary Loan. Using electronic, paper, or intennediated means such as Ariel, Licensee may fulfill occasional requests from other institutions. a practice commonly called interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section I 08 of the United States Copyright Law (17 USC§ I 08, "I.imitations on exclusive rights: Reproduction by libraries and archives") and the Guidelines for the Proviso of Subsection I 08{2g)(2) prepared by the National Commission on New Tectmological Uses of Copyrighted Works. ## Amount of' Authorized Use. Unlimited Access. Subject to the tem1s of this Agreement, Licensee and its Authorized Users shall have unlimited access to the Licensed Materials. ## V. SPECIFIC RESTRJCTlONS ON USE OF LICENSED MATERIALS Unauthorized Use. Licensee shall not knowingly permit anyone other than Authorized Users to use the Licensed Materials. Modification of Licensed Materials. Licensee shall not modify, manipulate, or create a derivative work of the Licensed Materials without the prior written pennission of Licensor. Removal of Copyright Notice. Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials. Commercial Pumoses. Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials, fee-for-service use of the Licensed Materials, or bulk reproduction or distribution of the Licensed Materials in any fonn: nor may Licensee impose special charges on Authorized Users for use of the Licensed Materials beyond reasonable printing or administrative costs. ## VI. MUTUAL PERFORMANCE OBLIGATIONS User Surveys. Licensee and Licensor shall cooperate on the preparation and provision of user surveys to solicit feedback on the Licensed Materials from Authorized Users. Confidentiality of' User Data. Licensor and Licensee agree to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee and its Authorized Users. Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate fonn. Raw usage data. including but not limited to infonnation relating to the identity of specific users and/or uses, shall not be provided to any third party. Implementation of Developing Security Protocols. Licensee and Licensor shall cooperate in the implementation of security and control protocols and procedures as they are developed during the tenn of this Agreement. ## Vil. LICENSOR PERFORMANCE OBLIGATIONS Availability of Licensed Materials. Upon the Effective Date of this Agreement. Licensor shall make the I .icensed Materials available to Licensee and Authorized Users. Documentation. Licensor will provide and maintain help files and other appropriate user documentation. Training and Suooort. Licensor will offer installation support, including assisting with the implementation of any Licensor software. Licensor will provide appropriate training to Licensee staff relating to the use of the Licensed Materials and any Licensor software. Licensor wil I offer reasonable levels of continuing support to assist Licensee and Authorized Users in use of the Licensed Materials. Licensor will make its personnel available by email. phone or fax during regular business hours, Monday through Friday for feedback. problem-solving. or general questions. Quality of Service. Licensor shall use reasonable efforts to ensure that the Licensor' s server or servers have sufficient capacity and rate of connectivity to provide the Licensee and its Authorized Users with a quality of service comparable to current standards in the on-line information provision industry in the Licensee's locale. Licensor shall use reasonable efforts to provide continuous service seven (7) days a week with an average of 98% up-time per month. The 2% down-time includes periodic unavailability due to maintenance of the scrver(s), the installation or testing of software, the loading of additional Licensed Materials as they become available, and downtime related to the failure of equipment or services outside the control of Licensor. including but not limited to public or private telecommunications services or internet nodes or facilities. Scheduled down-time will be performed at a time to minimize inconvenience to Licensee and its Authorized Users. If the Licensed Materials fail to operate in conformance with the tenns of this Agreement. Licensee shall immediately notify Licensor, and Licensor shall promptly use reasonable efforts to restore access to the Licensed Materials as soon as possible. In the event that I .icensor fails to repair the nonconfonnity in a reasonable time, Licensor shall reimburse Licensee in an amount that the nonconfonnity is proportional to the total Fees owed by Licensee under this Agreement. Notification of Modifications of Licensed Materials. I .icensee understands that from time to time the Licensed Materials may be added to, modified, or deleted from by Licensor and/or that po11ions of the Licensed Materials may migrate to other fonnats. Licensor shall give a ninety ( 90) day notice of any such changes to Licensee. Failure by f .icensor to provide such notice shall be grounds for immediate tem1ination of the Agreement by Licensee. Completeness of Content. Licensor shall use reasonable efforts to ensure that the online content is at least equivalent to print versions of the Licensed Materials, represents complete, faithful and timely replications of the print versions of such Materials, and will cooperate with Licensee to identify and correct errors or omissions. Continueg Training. Licensor will provide regular system and project updates to Licensee as they become available. Licensor will provide additional training to Licensee staff made necessary by any updates or modifications to the Licensed Materials or any Licensor software. Notice of Terms of"Click-Through" License Terms. In the event that Licensor requires Authorized Users to agree to terms relating to the use of the Licensed Materials before pem1itting Authorized Users to gain access to the Licensed Materials (commonly referred to as "click-through .. licenses), Licensor shall provide Licensee with notice of and an opportunity to comment on such terms prior to their implementation. ln no event shall the tenns of such .. click-through" licenses materially differ from the provisions of this Agreement. In the event of any conflict between the terms of such "click-through"' licenses and this Agreement, the tenns of this Agreement shall prevail. Usagt: Statistics. Licensor must provide both composite use data for the system-wide COL and itemized data for individual campuses. on a quarterly basis. Use data should be at the level of detail required for objective evaluation of both product performance and satisfaction of user needs. including title-by-title use of journals. Providers should follow the International Coalition of Library Consortia (ICOLC) "Guidelines for St<:1tistical Measures of Usage of Web-Based Information Resources .. or provide infom1ation in compliance with COUNTER or other recognized international standard. Compliance with Americans with Disabilities Act. Licensor shall make reasonable efforts to comply with the Americans with Disabilities Act (ADA). ## VIII. LICENSEE PERFORMANCE 0BUGATJONS Provision of Notice of License Tenns to Authorized Users. Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the tenns and conditions under which access to the Licensed Materials is granted under this Agreement incli1ding, in particular, any limitations on access or use of the Licensed Materials as set forth in this Agreement. Provision of Notice of Intellectual Property Right to Authorized Users. Licensee shall make reasonable efforts to provide Authorized Users with notice of any applicable Intellt!ctual Property or other rights applicable to the Licensed Materials. Licensee shall make reasonabk efforts to prevent the infringement of any Intellectual Property or other rights of the Licensor in the Licensed Materials. Licensee shall promptly notify Licensor of any infringement that comes to Licensee's attention, and take appropriate steps to avoid its recurrence. Protection from Unauthorized Use. Licensee shall use reasonable efforts to protect the I .i censed Materials from any use that is not permitted under this Agreement. In the event of any unauthorized use of the Licensed Materials by an Authorized User, (a) Licensor may terminate such Authorized User's access to the Licensed Materials, (b) Licensor may tenninate the access of the Internet Protocol ("IP") address( es) from which such unauthorized use occurred, and/or (c) Licensee shall terminate such Authorized User's access to the Licensed Materials upon Licensor's request. Licensor shall take none of the steps described in this paragraph without first providing a sixty (60) day notice to Licensee and cooperation with the Licensee to avoid recurrence of any unauthorized use. Maintaining Confidentiality of Access Passwords. Where access to the Licensed Materials is to be controlled by use of passwords. Licensee shall issue log·on identification numbers and passwords to each Authorized Liser and use reasonable efforts to ensure that Authorized Users do not divulge their numbers and passwords to any third pa11)'. ## IX. TERM This Agreement shall continue in effect for one year commencing on the Effective Date. ## X. RENEWAL This agreement shall be renewable at the end of the current tenn for a successive on1: term unless either party gives written notice of its intention not to renew for1y-tivt! (4:') days before expiration of the current term. ## XI. EARLY TERMINATION In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Licensor believes that Licensee has exceeded the scope of the License. such party shall so notify the breaching party in writing. The breaching party shall have sixty (60) days from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the sixty (60) day period. the non-bn:aching party shall have the right to terminate the Agreement without further notice. Upon Termination of this Agreement for cause online access to the Licensed Materials by Licensee and Authorized Users shall be terminated. Authorized copies of Licensed Materials may be retained by Licensee or Authorized Users and used subject to the terms of this Agreement. In the event of early termination permitted by this Agreement. Licensee shall be entitled to a refund of any fees or pro-rata portion thereof paid by Licensee for any remaining period of the Agreement from the date of termination. ## XII. PERPETUAL LICENSE Notwithstanding anything else in this Agreement, Licensor hereby grants to Licensee a nonexclusive. royalty-free. perpetual license to use any Licensed Materials that were accessible during the term of this Agreement. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The means by which Licensee shall have access to such Licensed Materials shall he in a manner and form substantially equivalent to the means by which access is provided under this Agreement. ## XIII. WARRANTIES Subject to the Limitations set forth elsewhere in this Agreement: Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials. that it has obtained any and all necessary permissions from rhird parties to license the Licensed Materials, and that use of the Licensed Materials by Authorized Users in accordance with the tenns of this Agreement shall not infringe the copyright of any third party. Li1.:tmsor warrants that the physical medium. if any. on which the Licensed Materials is provided to Licensee will be free from defects for a period of ninety (90) days from delivery. ## XIV. LIMITATIONS ON WARRANTIF..S Notwithstanding anything else in this Agreement: Neither party shall he liable for any indirect, special, incidental, punitive or consequential damages. including but not limited to loss of data. business interruption. or loss of profits. arising out of the use of or the inability to use the Licensed Materials. l ,iccnsor makes no representation or warranty. and expressly disclaims any liability with respect tn the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity. privacy. trademark rights. moral rights. or the disclosure of confidential information. Except for the express wananties stated herein, the Licensed Materials are provided on an "as is" basis. and licensor disclaims any and all other warranties. conditions. or representations (express. implied. oral or written). relating to the Licensed Materials or any part thereof, including. without limitation, any and all implied warranties of quality, perfonnance. merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any hann that may be caused by the transmission of a computer virus. worm, time bomb. logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party. ## XV. INDEMNITIES The Licensor shall indemnify and hold Licensee and Authorized Users ham1less for any losses. claims. damages. awards, penalties, or injuries incun-ed. including reasonable anomey's fees. which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User. NO LIMIT A TI ON OF LIABILITY SET FORTH ELSEWHERE !N THIS AGREEMENT rs APPLICABLE TO THIS INDI::MNlFICATION. Each pa11y shall indemnify and hold the other harmless for any losses. claims, damages, awards. penalties, or injuries incurred. including reasonable attorney's fees. which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. Tht: indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party may reasonably request and have the right to participate in the defense at its own expense. ## XVI. ASSIGNMENT A~D TRANSFER 1'ieither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. ## XVII. GOVERNING LAW This Agreement shall be interpreted and construed according to. and governed by, the laws of California, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in California shall have jurisdiction to hear any dispute under this Agreement. ## XVIII. DISPUTE RESOLUTION In the event of any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to pcrfonn their respective obligations under this Agreement which are not affected by the dispute. Mediation. In the event that the parties cannot by exercise of their best efforts resolve the dispute, they shall submit the dispute to Mediation. The parties shall, without delay, continue to perfon11 their respective obligations under this Agreement which are not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do so. including a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the dispute within five (5) working days after such notice. If those designated representatives cannot resolve the dispute. the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to rcsponsi ble executives of the disputing parties. who shal I act in good faith to resolve the dispute. If the dispute is not resolved within thirty (30) calendar days after such meeting, the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement. Arbitration. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the suhject matter of this Agreement. In the event the parties are unable to agree to such a selection. each party will select an arbitrator and the arbitrators in tum shall select a third arbitrator. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents. materials, and infonnation in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying no later than sixty (60) days after the notice of arbitration is served. The arbitrator(s) shall not have the authority, power, or right to alter, change. amend. modify. add. or subtract from any provision of this Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall he final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement. ## XIX. FORCE MAJEURE Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in pcrfonning hereunder if such delay or default is caused by C\mditions beyond its control including. but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars. insurrections. strikes or other work stoppages, and/or any other cause beyond the reasonable control of the party whose performance is affected. ## XX. F.NTIRF. AGREEMENT This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. ## XXI. AMENDMENT No modi lication or claimed waiver of any provision of this Agreement shall be val id except by written amendment signed by authorized representatives of Licensor and Lict:nsce. ## xxn. SEVERABILITY If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in contlict with the law of any jurisdiction. the validity, legality and enfon.:eability of the remaining provisions shall not in any way be affected or impaired therehy. ## X.Xlll. WAIVER OF CONTRACTUAL RIGHT Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agree;:ment be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. ## XXIV. NOTlCES /\II notices given pursuant to this Agreement shall be in writing and may be hand delivered. or shall be <leemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, cnntirmation copies must be sent by U.S. Mail or hand delivery to the specified address. Either party may from time to time change its Notice /\ddress by written notice to the other party. ## If to Licensor: Beijing Superstar Information Technology Co., Ltd. Room 1212 Tower C. GEM Building 3·d street No 9. Shangdi. Haidian District 13cij ng I 00085 i China ....... Electronic Resources Librarian Librarian's Office. Doe Library University of California. Berkeley CA 94720 ## XXV. Notice of the Use of Digital Rights Management Technology In the event that Licensor utilizes any type of digital rights management technology to control the access or the usage of Licensed Product. Licensor agrees to notify Licensee of the name. contact infonnation and any technical specifications for the digital rights management technology utilized. ## XXVI. Notice of the Use of Digital Watermarking Technology If Licensor uti lizes any type of digital watermarking technology for any element of the Licensed Product. Licensor agrees that watermarks will not be visible to the human eye and will not degrade image quality. These watermarks shall not contain user-related infom1ation such as account number or IP address. If digital watermarking technology is used, Licensor agrees to notify Licensee, in advance, of the name, contact information, and any technical specifications for the technology used. ## XXVII. Funding Contingency (multi-year agreements) The University of California reasonably believes that funds can be obtained sufficient to pay all monies due during the term of this Agreement and hereby covenants that it will do all things lawfully within it power to obtain. maintain, and properly request and pursue funds from which payments for this transaction may be made. including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding. using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative review and appeals in the event such ponion of the budget is not approved. It is the University of California's intent to make payments for the full tem1 of this transaction. The University of California represents that the use of the materials under this transaction are essential to its proper, efficient and economic operation. In the event no funds or insufficient funds are appropriated and budgeted and are not otherwise legally available by any means whatsoever in any fiscal period for payments due under this transaction, the University of California will immediately notify Licensor or such occu1Tence and this transaction shall terminate on the last day of the subscription period for which payment has been made without penalty of expense to the University of California of any kind whatsoever, except as to the portions of payments herein agreed for which funds shall have been appropriated and budgeted or otherwise available. In the event or such tennination the University of California shall maintain its perpetual ri ght to materials licensed under the subscription periods for which it has fully paid. IN WITNESS WHEREOF, the parties have executed this Agreement by their respective, duly authorized representatives as of the date first above written. Signature of Authorized Signatory of Publisher Print Name: Title: Address: Room 1212 Tower C. GEM Building ,3rd Street No. 9, Shangdi, Haidian District, Beijing 100085 China Telephone No.: 010-62962266 E-mail : [email protected] Print >Jame: Titl e: Electronic Resources Librarian Address: Librarian's Office, Doe Library, University of California, Berkeley. CA 94720 Telephone No.: • E-mail: ## Appendix A Campuses of the University of California University of California, Berkeley (including Lawrence Berkeley Lab) University of California. Irvine University of California, Los Angeles University of California. San Diego University of California, Santa Barbara IP ranges

The materials that are the subject of this Agreement shall consist of Duxiu Knowledge Search Database (hereinafter referred to as the ''Licensed Materials"). Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right. title or interest in tht: Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement.

This Agreement shall continue in effect for one year commencing on the Effective Date.

7d77651b-cfbd-4b56-8355-23d60fd7f5ca

ITER_lic_agrmt_1999_REDACTED

## Iter Institutional Site License Agreement ## 1.0 DEFINITIONS - a) "Customer" is the institution that orders and will pay the fee for access to one or more Databases . - b) "ITER Inc . hereafter "Iter" , is a not-for-profit entity created by a partnership between the Renaissance Society of America (RSA), the Centre for Reformation and Renaissance Studies of the University of Toronto (CRRS), the Arizona Center for Medieval and Renaissance Studies of Arizona State University in Tempe (ACMRS); the Faculty of Information Studies at the University of Toronto (FIS), and the University of Toronto Library . - c) "Databases" are those searchable electronic databases published by Iter for which the Customer has the appropriate fee or during an authorized trial period. paid - d) "Authorized Users' refers to the staff, faculty, and students of the Customer, the membership of the Customer, the employees of the Customer, or library users at public terminals. ## 2.0 USER LICENSE - a) Iter grants to the Customer a non-exclusive; non-transferable license allowing Authorized Users to access the Databases . - b) The Customer may not transfer, assign or sublicense this license. - c) The Databases and associated materials are the property of Iter and are protected by copyright laws and by international treaties. - d) No title is transferred by this license or by the payment of any fee. - e) The Customer's rights do not extend to other related or affiliated institutions. - f) rights not expressly granted in this license are reserved to Iter. Any ## 2.1 WHAT AUTHORIZED USERS MAY DO Authorized Users MAY: - a) make searches of the Databases. - b) make a limited number of hard of any search output that does not contain a significant segment of a database. These may be used by Authorized Users for personal or classroom use and may not be sold. copies copies only - c) make one copy of any search output in electronic form for personal use. ## 2.2 WHAT AUTHORIZED USERS MAY NOT DO Authorized Users MAY NOT: - a) sell, distribute or commercially the Databases or associated material . exploit - b) transfer the Databases to hard disk. ## 3. CONTROL OF AUTHORIZED USERS The Customer will take reasonable action to restrict and control all use of the Databases; to permit access only to Authorized Users, and to ensure compliance by Authorized Users with the restrictions contained in Paragraph 2. ## 4. AUTHENTICATION The parties shall take reasonable action to cooperate in the implementation of additional security procedures as are developed. they ## 5. TERM This license to any use of Databases during authorized trial periods and during the for which a fee has been Iter reserves the right to cease offering the Customer the opportunity to renew a subscription. applies paid. period ## 6. LIMITATION OF WARRANTIES AND LIABILITY - a) Iter warrants and represents that have the right to enter into this Agreement and to provide access 'as is' to the Databases . they - AND CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; ALL OF WHICH ITER DISCLAIM. c) IF THE DATABASE INCLUDES SUMMARIES, THE SUMMARIES WERE LITERATURE FROM THE BIBLIOGRAPHICAL DATA THAT HAVE BEEN INCLUDED IN THE DATABASE. FOR SUCH DATABASES, USERS SHOULD CONSULT THE FULL TEXT MATERIALS BEFORE REACHING OR SUGGESTING CONCLUSIONS AS TO THE SUBJECT MATTER OF THE DATABASE. d) THE PRESENCE IN OR ABSENCE FROM THE DATABASE OF ANY REFERENCE TO INFORMATION, DATA, EVENTS, RESEARCH OR DEVELOPMENTS DOES NOT IMPLY THE SPECIFIC EXISTENCE OR THE NON EXISTENCE THEREOF , NOR DOES ITER CLAIM COMPREHENSIVENESS OR THE ABSENCE OF ERRORS. e) IN VIEW OF THE ABOVE; ALL LIABILITY IS DISCLAIMED FOR THE ACCURACY, COMPLETENESS OR FUNCTIONING OF THE DATABASES . f) ITER ASSUMES NO RESPONSIBILITY FOR THE CUSTOMER'S USE THEREOF AND SHALL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, OR INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES AS A RESULT OF SUCH USE, EVEN IF EXPRESSLY MADE AWARE OF THE POSSIBILITY THEREOF. g) IN NO EVENT MAY A CUSTOMER BRING ANY ACTION AGAINST ITER ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES , DETERMINED WITHOUT REGARD TO WHEN THE CUSTOMER SHALL HAVE LEARNED OF THE ALLEGED DEFECT, INJURY, OR LOSS. h) ITER SHALL IN NO EVENT BE LIABLE FOR MORE THAN THE LICENSE FEE PAID (WHETHER SUCH LIABILITY ARISES FROM BREACH OF WARRANTY , BREACH OF THIS CONTRACT OR OTHERWISE, AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY) . i) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO EACH CUSTOMER ## 7. INDEMNIFICATION Iter shall defend, indemnify, and hold harmless Customer, their officers; agents and employees from all damages; liabilities; costs; fees, including, but not limited attorney's fees, resulting from any judgement or settlement agreement arising out of the claim of a third party that Iter's sale of products to Customer or Customer's use of said trade secret, or other proprietary or contractual right of any third party . NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. Customer shall give prompt notice of an infringement claim to Iter, provide such cooperation and assistance to Iter as is reasonably necessary to defend the claim; and shall allow Iter to have sole control of the defense; provided, however, that Customer retains the right to participate in the defense at its own expense. to, ## 8. TERMINATION If the Customer breaches any term of this Agreement; Iter may, in addition to its other legal rights and remedies, terminate the license granted hereunder on 30 notice to Customer. Upon any termination for breach; the Customer will, unless otherwise agreed to in writing by Iter, forthwith erase all electronic storage of search outputs or other electronic storage. termination, whether or not for breach, will not affect any obligation or liability of a party arising to termination; and the provisions of Paragraphs 5 and 6 will survive any termination: In the event of termination; whether or not for breach, the remainder of the annual subscription fee paid by the Customer will not be refunded. days Any prior ## 9. FORCE MAJEURE Iter will not be responsible for any delay or failure in performance resulting from any cause beyond their control. ## 10. APPLICABLE LAW This Agreement will be governed by and construed in accordance with the laws of the state of California without giving effect to the principles of conflict of laws thereof, and to the extent permitted by applicable law; the Customer consents to the jurisdiction of courts situated in the state of California in any action arising under this Agreement. ## 11 . SERVER AVAILABILITY Iter shall use reasonable efforts to provide continuous service 7 days a week with an average of 98% up-time per month. The 2% down-time includes scheduled maintenance and Scheduled down-time will be performed at a time to minimize inconvenience to customers world-wide. repair. ## 12 Y2K Iter certifies that the product provided to the University of California is year 2000 compliant; that is, it will operate properly in the Year 2000 and beyond and in situations where dates of the year 2000 are used. being ## 13. ENTIRE UNDERSTANDING This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof. representation; promise; warranty, covenant or undertaking not expressly set forth in this license shall not be deemed a part of the Agreement or otherwise legally effective. No notice, statement or disclaimer displayed to Authorized Users through the publisher' s web site or by other means shall supercede, limit; or otherwise modify the provisions of this Agreement. Any ## 13. SEVERABILITY If a term or condition of this license is invalid or unenforceable; the remaining terms and conditions will remain in full force and effect. ## 14. SIGNATURE IACCEPT the terms and conditions of this agreement as stated above and I certify that I am authorized to sign this agreement on behalf of the "customer": [Text deleted] [Text deleted] [Text deleted] [Text deleted] Name: Title: Director, Library Planning Name of California Signature: Date: 10/7/99 Name : Title: Director Iter Inc . Signature: Date: October 21 1999 - 1 - deleted] consortial access to the ITER database [Text - deleted ] delete d] 3 - [Text - [Text deleted] 4 . - 5 . ITER will submit to the University of California one invoice for payment for the UC consortium ## [Text [Text - deleted] deleted ] 6 UC Davis and UC Santa Barbara. - 7 . Access to ITER and the license period will begin July 1, 1999. The initial license shall cover the period of July 1, 1999 through June 30, 2000. - 8 ITER will use IP address filtering as the primary means of authenticating users of the University of California. UC will share information with ITER regarding UC's development of digital ificate authentication when it is deployed at UC. - 9 When it officially opens as a lOth campus of the University of California, UC Merced will be offered the same access to the ITER database as the rest of the UC campuses enjoy- ITER will not charge a back fee to account for the fact that Merced began to receive access 5-6 after the other campuses. years - 10. The University of California may access the ITER database ITER 's Z39.50 service using 9/7/99 MEE ## Summary of Agreed-Upon Terms between ITER and the University of California Digital Library 9/7/99

This license to any use of Databases during authorized trial periods and during the for which a fee has been Iter reserves the right to cease offering the Customer the opportunity to renew a subscription. applies paid. period

2a1b91e8-59a6-4987-be49-15a7b177dc1c

Elsevier_SD_amdt_30_Treatise_on_Geophysics_UCSC_REDACTED

## THIRTIETH AMENDMENT TO ELSEVIER LICENSE AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 30 December 2003, as last amended on 20 February 2008 (the Agreement ) and wish to amend the Agreement as set forth in this amendment ("Amendment") NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below; and for such other are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 good Except as specifically amended hereby; all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment; the terms of this Amendment shall prevail: IN WITNESS WHEREOF the parties have executed this Amendment by their respective; duly authorized representatives as of 20 February 2008. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (Subscriber) Name: ELSEVIER B.V. (Licensor) Name: Title: ector; Academic & Government Contract No : 1-8QM8SO Version: Oct 2006 ## THIRTIETH AMENDMENT TO ELSEVIER LICENSE AGREEMENT Schedule 1 The Licensed Products and Fees identified below are in addition to those identified in the Agreement. ## THE UNIVERSITY OF CALIFORNIA SANTA CRUZ | | Contract No. 1-8QM8SO | Contract No. 1-8QM8SO | |------------------------------------------|-------------------------|-------------------------| | Subscribed Products publisher | Access | 2008 | | ScienceDirect@ online Elsevier B.V. | sciencedirect.com | | | Elsevier Reference_Works | | | | Treatise on Geophysics_ Perpetual Access | | | | TOTAL FEES | | | ## Perpetual Access The Subscriber may access and use in perpetuity the Elsevier Reference Works in accordance with the provisions of the Agreement; as amended herein; for as as the Subscriber maintains an annual subscription on ScienceDirect online. Upon termination of all of the Subscriber's annual subscriptions on ScienceDirect online; post-termination access to the Elsevier Reference Works shall apply to the above Reference Work. long

1653bb47-f3ff-4c41-bec8-715c9448da9b

ElsevierSD2009_amdt122_UCLA_Redacted

## ONE HUNDRED AND TWENTY-SECOND AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the "Agreement' as last amended on 26 November 2013 wish to amend the Agreement as set forth in this amendment ("Amendment") NOW, THEREFORE, in consideration of the mutual promises covenants set forth below. and for such other are hereby forth below and on Schedule 1 . and good Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. INWITNESS WHEREOF authorized representatives as of 10 December 2013. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olblo THE CALIFORNIA DIGITAL LIBRARY (Subscriber) [Text deleted] Nan Title: [Text deleted] Title: Amendment No : 1-5864655722 ## ONE HUNDRED AND TWENTY-SECOND AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 ## Subscribed Products/Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olblo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA LOS ANGELES | Subscribed Products publisher | Access | No. 1-5864655722 2013 | |-------------------------------------|-------------------|-------------------------| | ScienceDirect@ online Elsevier B.V. | sciencedirect.com | | | Elsevier cBooks Titles | | | | TOTAL FEES | | | ## Annex A to Schedule 1 Elsevier eBooks Titles ## UNIVERSITY OF CALIFORNIA = LOS ANGELES | Product ID | Elsevier eBooks Titles | | |---------------|--------------------------|----------------| | 9780127329512 | Atmospheric Science | [Text deleted] |

3dd7f6b2-db07-412a-a557-89f56641cce9

JSTOR_Ecology&Botany

## ECOLOGY & BOTANY COLLECTIONS RIDER TO THE JSTOR LIBRARY LICENSE AGREEMENT This Rider is an addendum to, and incorporates by reference all of the terms of, and any amendments or Riders to; the agreement entitled the JSTOR LIBRARY LICENSE AGREEMENT (the Agrecment entered into by and between JSTOR and The In accordance with the tcrms of thc Agrecment and in addition to the Collection(s) selected therein, Licensee shall hereby participate in the Collection(s) selected below. Information concerning the rcqucst to JSTOR. In connection with thc forcgoing; the parties hereby agree as follows: ## JSTOR Classification: and Santa Barbara campuses of thc University of California Dicgo, Large The Riverside and Santa Cruz campuses of the University of California Very Small' The San Francisco and Merced campuses the University of Califorma: ## Archive Capital Fee The Archive Capital Fee for participation in the JSTOR Ecology & Botany Collection by all of the campuses identified above shall be This fce shall be due and payable (30) after thc date of invoice and is in addition t0 any agreed upon Database Development Fee(s) for participation in the Phase [ Collection\_ thirty days ## Access Fee The Access Fec for participation in the Ecology & Collection by all of the campuses identified above shall bc and shall be due and payable as of the first of every calendar ycar during the initial or rcnewal terms of the Agreemen. Collection. For the first year , this Access Fce shall be prorated to reflect the number of months remaining in the calendar ycar following the date of this Rider and shall be due and payable thirty (30) after the date of invoice The Access Fee is subject to rcasonable annual increases Botany day days Thc University of California, San Francisco's shære of thc Annual Acccss Fee shall be ## Payment Terms Thc total Archive Capital Fcc indicatcd abovc shall bc duc and payablc thirty (30) days after the date of invoice The total Annual Access Fee indicated above shall be due and payable as of the first uf every calendar ycar the initial or renewal terms of the Agrcement. These fees are in addition to any Archive Capital Fee(s) or Annual Access Fec(s) payable undcr the Agrccmcnt or any amcndmcnts or Ridcrs thercto Thc above total Annual Access for the first year shall be prorated to reflect the number of months rcmaining in the calendar ycar following the date of this Rider and shall be duc and payable (30) days after the datc of invoice. The Annual Access Fces are subject to reasonablc annual incrcascs day during Fee thirt" payments mvadc nore than after annual interesl charge. Any days they All other terms and conditions of the Agreement shall remain in full forcc and cffcct. IN WITNESS WHEREOF , the parties have execuled this Rider by their duly authorizcd rcprcsentatives as of the date indicafed below, ## LICENSEE ## JSTOR Address; California Digital Librarddress: 120 Fifth Avenuc 300 Lakeside Drive, 6Eh Floor 5" Floor Qakland CA 94612 New York, NY 10011 BY: BY: NAME: NAME: TITLE: Director, Shared Content TITLE: General Counsel DATE: 2422 DATE:

Thc total Archive Capital Fcc indicatcd abovc shall bc duc and payablc thirty (30) days after the date of invoice The total Annual Access Fee indicated above shall be due and payable as of the first uf every calendar ycar the initial or renewal terms of the Agrcement. These fees are in addition to any Archive Capital Fee(s) or Annual Access Fec(s) payable undcr the Agrccmcnt or any amcndmcnts or Ridcrs thercto Thc above total Annual Access for the first year shall be prorated to reflect the number of months rcmaining in the calendar ycar following the date of this Rider and shall be duc and payable (30) days after the datc of invoice. The Annual Access Fces are subject to reasonablc annual incrcascs day during Fee thirt" payments mvadc nore than after annual interesl charge. Any days they All other terms and conditions of the Agreement shall remain in full forcc and cffcct. IN WITNESS WHEREOF , the parties have execuled this Rider by their duly authorizcd rcprcsentatives as of the date indicafed below,

32b5ef07-9884-48cf-ba80-6c83d7aeae8c

ElsevSD_amdt14_eBooks_UCLA_2010REDACTED

## FOURTEENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009, as last amended on 14 2010 (the Agreement") , and wish to amend the Agreement as set forth in this amendment ( Amendment") May NOW, THEREFORE; in consideration of the mutual promises and covenants set forth below, and are hereby acknowledged; the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 . Except as specifically amended hereby , all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment; the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective; duly authorized representatives as of 3 August 2010. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA on behalf of THE CALIFORNIA DIGITAL LIBRARY (Subscriber) [Text deleted] [Text deleted] Nar (Elsevi Name: Title: Managing Director; Global Sales Amendment No:: 1-1612464881 Agreement No.: 1-312591452 Rev Nov 2009 ## FOURTEENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/Access/Fees The Subscribed Products and Fees identified below are in addition to those identified in the Agreement for 2010. ## UNIVERSITY OF CALIFORNIA, LOS ANGELES No. 1-1612464881 | Subscribed Products publisher | Access | 2010 | |------------------------------------|--------------------|--------| | ScienceDirect@ online Elsevier B.V | sciencedirect. com | | | Elsevier eBooks Titles | | | | TOTAL FEES | | | ## Perpetual Access to Elsevier eBooks The Subscriber may access and use as amended herein; for one-time fee for as as the Subscriber maintains an annual subscription on ScienceDirect online. Iong ## Elsevier eBooks Additional Terms and Conditions [Text deleted] The perpetual access granted hereunder for the above eBooks is subject to payment of a one-time fee an annual percent of such one-time fee. The annual access fee the event that all annual subscriptions are terminated, the Subscriber may , at its option; continue to access the eBooks online for an annual access fee based on the number of chapters downloaded such eBooks the twelve (12) months at a rate of $0.081 per download (adjusted annually for inflation and cost increases) , in accordance with the usage provisions of the Agreement. Elsevier shall make available for inspection by a duly authorized auditor of the Subscriber, at the Subscriber' s sole expense, the records concerning the calculation of such annual access fee one time per year during regular business hours upon thirty (30) written notice to Elsevier. In the event that the Subscriber does not pay any eBooks annual access fee or maintain any annual subscription on ScienceDirect online; the Subscriber may, at its option; acquire; load and technically format on server that enables access and use by Authorized Users an electronic copy of such eBooks for cost in accordance with the usage provisions of the Agreement. The copy may not contain links and other features and functionality associated with the online version. such during prior from days ## Annex A to Schedule 1 Elsevier eBooks Titles ## UNIVERSITY OF CALIFORNIA, LOS ANGELES | Product ID | ISBN | Elsevier eBooks Title | 2010 Fee | |---------------|---------------|--------------------------------------------------|------------| | 9781437709278 | 9781437709278 | Acupuncture for Sports and Trauma Rehabilitation | 8113 | | 9780702030796 | 9780702030796 | Back Pain A Movement Problem | 8108 | | 9780702031328 | 9780702031328 | Chinese Herbal Formulas | 8150 | | 9780702031335 | 9780702031335 | Chinese Herbal Medicines | 8105 |

2f33bcbc-4765-4e01-a452-8f6a3024b877

STWiley-Blackwell_appendC_UCB_UCSD_Redacted

## APPENDIX C - JOURNAL BACKFILES ## Licensee: California Digital Library (CDL) Licensed Electronic Journal Backfiles are the electronic editions of Wiley journal content published in years designated as part of a backfile package to which the Licensee has access under this License, including tables of content, abstracts, full text and illustrations and any additional electronic journal content not included in the print versions of the journals. ## Perpetual Access: Wiley will provide the Licensee with perpetual access to the full text of the Licensed Electronic Journal Backfiles. Where a subsequent publisher does not assume the obligation, Wiley, in its discretion, will either continue online access to the same material on Wiley's server or provide an archival copy in the electronic medium selected by Wiley, at a reasonable cost-based fee. By providing such access Wiley grants to the Licensee a nonexclusive, royalty-free, license to use such material in accordance with the restrictions on use specified in Paragraph C of the Agreement, which shall survive any termination of the Agreement. ## Pricing Journal Backfiles pricing is a one-time fee based on the Licensee's number of FTEs. For this purpose FTEs are defined as full-time equivalent students and academic faculty. - · University of Calipuses will be able to individually add Journal Backfiles at the consortium discoun er Appendix B (c) C.7). - COL will be able to a oumal Backfiles at the consortium discount · C.8). er Appendix B (c) - · COL reserves the right to negotiate pricing on all non-journal content. | | University of California, Berkeley Journal Backfile Titles | Years Included | 2011 List Price | With UC | |-----|----------------------------------------------------------------|-------------------|--------------------|-----------| | JOC | International Journal of Climatology | 1981-1995 | | | | MET | Meteorological Applications | 1994-1996 | 5 | 5 | | QJ | Quarterly Journal of the Royal Meteorological Society | 1873-200 I | | | | | University of California, San Diego Journal Code Backfile Titles | | | |----------------------------|------------------------------------------------------------------------|-----------|----| | BTPRBiotechnology Progress | BTPRBiotechnology Progress | 1985-1995 | $ | | | | 1958-2001 | $ | | | | 1989-1995 | $ | | TEA | Journal of Research in Science Teachin | | $ | | | Totals | | $ | ## Licensee's FT. E Count: | CDL Student + Faculty FTE | Total FTE | FTE Category | |------------------------------|--------------|-----------------| | Berkeley | 36,762 | Medium | | Davis | 32,5 12 | Medium | | Irvine | 30,198 | Medium | | Los Angeles | 40,658 | LCU1!.e | | Merced | 2.892 | Small | | Riverside | 18.657 | Medium | | San Diego | 30.270 | Medium | | San Francisco | 4.558 | Small | | Santa Barbara | 23.358 | Medium | | Santa Cruz | 17.31 1 | Medium | | Total | 237,176 | | The California Digital Library has agreed to add the Journal Backfiles listed above to our Wiley Online Library electronic holdings or indicated for the particular University of California campus under the Terms and Conditions of the Enhanced Access License for the Wiley Online Library dated January l, 20 I 0 between Wiley Subscription Services, Inc. and the California Digital Library on behalf of the Regents of the University of California. All tenns and conditions apply in this license unless otherwise indicated. ## AGREED AND ACCEPTED CALlFORNIA DIGITAL LIBRARY ON BEHALF OF THE REGENTS OF THE UNIVERSITY Of CALIFORNIA WILEY SUBSCRIPTION SERVICES, INC.

Journal Backfiles pricing is a one-time fee based on the Licensee's number of FTEs. For this purpose FTEs are defined as full-time equivalent students and academic faculty. - · University of Calipuses will be able to individually add Journal Backfiles at the consortium discoun er Appendix B (c) C.7). - COL will be able to a oumal Backfiles at the consortium discount · C.8). er Appendix B (c) - · COL reserves the right to negotiate pricing on all non-journal content. | | University of California, Berkeley Journal Backfile Titles | Years Included | 2011 List Price | With UC | |-----|----------------------------------------------------------------|-------------------|--------------------|-----------| | JOC | International Journal of Climatology | 1981-1995 | | | | MET | Meteorological Applications | 1994-1996 | 5 | 5 | | QJ | Quarterly Journal of the Royal Meteorological Society | 1873-200 I | | | | | University of California, San Diego Journal Code Backfile Titles | | | |----------------------------|------------------------------------------------------------------------|-----------|----| | BTPRBiotechnology Progress | BTPRBiotechnology Progress | 1985-1995 | $ | | | | 1958-2001 | $ | | | | 1989-1995 | $ | | TEA | Journal of Research in Science Teachin | | $ | | | Totals | | $ |

6f73280f-b5ed-4d4d-97d1-cabd24781094

Tier2_NaturalStandard_UCSF_Redacted

## Therapeutic Research Center, LLC License Agreement . '{~ •'' Ter'm period: Licensor: Licensee: content: Fee: lW:gxiW:~~i~1it~~z"~~~~~c~r~1~1}R~~.~1~i1~~~i,Jii~~~v~1,{j'"r. r~~~Wr~'' 5 Therapeutic Research Center LLC, a Delaware Corporation 3120 W. March Lane, Stockton, CA 95219 iu~i~~~1~l~!~ll~1}\$Y',(~;~~;~r~;,;wt~if,§;1JIW~~~i·~ '1}·;~,@~~'.'l" .• •.:;; 7Jalur8islanC!:;;dp-;079;;ionaToaT;iias~-N·~1~·r~1si~~·e1~rd ~o~ .. Natural Medicines Comprehensive Database NaturalDatabase.com t,··:,~~l!~~~'/J~;f .~~il~,}]i;~iif~~~~~~'wM~~'X i? 1 •.. ,}.:.:~'.}· [Text deleted] 1.. 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The remedies available to you against us under this Agreement are exclusive. Entire· Agreement: This Agreement represents the entire agreement between you and us concerning the matters addressed herein, and it supersedes any prior agreement we may have had, written or oral, concerning them. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, the remaining provisions of this Agreement shall be enforced to the fullest extent possible. This Agreement may not be amended except in writing signed by both you and us. This Agreement may be executed in counterparts (each of which shall be deemed to be an original but all of which taken together shall constitute one and the same agreement) and by facsimile; and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. 9. Agreement and Acceptance: The person signing this Agreement on behalf of Customer hereby confirms that he/she has been duly authorized by Customer to execute this Agreement and legally commi.t Customer to the terms defined herein. ## AGREED: THERAPEUTIC RESEARCH CENTER, LLC. [Text deleted] Contracts Administration [Text deleted] [Text deleted] [Text deleted] L r ## Therapeutic Research Center, LLC License Agreement ## Schedule A .... ~'~~~~"""1'~"""'"""'~~"""'"""'"""'"""""""""'1'1'1"1~~~"""" """""""'~"""""""'"'"""""'~"""''"""'"""' rmfititl2 ~::f~~~~1g19~~i~l~"~~~r~~B1,W,'W~i,\1{i~f~;tM1~:1r , ,;, ·~~;;;;fa, it' Term period: Licensor: Licjmsee: Co(ltent: Fee: Invoice Due and PayaJ:>le: fiie'r~peu-iic ~Rese"arch 'cenierLLc, a Dela;,are Corpora'tion ' ' 3120 W. March Lane.Stockton, CA95219 "~~1~!f ~~;!~~~f!~!~zicg!~~!!~!l!!~!~~·!~~!~~:::Y"··· ~ 1 Natural Medicines Comprehensive Database NaturalDatabase.com •• t~~~~1~;)}cji\'f',~t~:~~'/J')£'j'.:t"''J.'!\~t·· .. •. •,•, i~l':!if?S.'L'" Terms: Net 30 Payment address: Therapeutic Research Center PO Box 8190 Stockton, CA 95208 Access Method: Authorized Users: ~~!J.li[@~llti-jf~Jtqgn~::~'tT~~~ "''~"'~Z::E'1?;<it~~'?2~:" Faculty, Students, Staff and Walk-in Patrons. Authorized' Locations: - ". .. ~ - .... --- ''-' \_\_\_\_ \_ ' 0 ·'"-,:·:~ ,': .\_- . ~;;~~t~IKI-~~-E~::"~ ;,;::~·.\-;'0;~0;~~~~,-~~~-=~i~~:;:::~ 405 Sai [Text deleted] • I

fdd1470e-e736-4e8b-957f-236e310fd688

ElsevierSD2009_amdt100_UCD_Redacted

## ONE HUNDREDTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the amendment ("Amendment") for such other good and valuable consideration; the receipt and sufficiency of which are hereby acknowledged the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF , the parties have executed this Amendment by their respective: duly authorized representatives as of 4 June 2013 . ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) [Text deleted] Nan Title: Executve Divectov ELSEVIER B.V. [Text deleted] Title: Managing Director; Global Sales & Customer Marketing; Science & Technology Amendment No 1-4611689388 ## ONE HUNDREDTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA DAVIS No. 1-4611689388 | Subscribed Products publisher | Access | 2013 | |---------------------------------|----------|----------------| | Elsevier eBooks Titles | | [Text deleted] | | TOTAL FEES | | | ## Annex A to Schedule 1 Elsevier eBooks Titles ## UNIVERSITY OF CALIFORNIA DAVIS | Product ID | Elsevier eBooks Titles | | |---------------|-----------------------------------------------------------------------------------------|---------------------------------------------------------| | 9780721687070 | Atlas of Surgical Approaches to the Bones and Joints of the An Dog | Final Net Price 2013 and Cat | | 9780702028885 | Anaesthesia of Exotic Pets | | | 9780123738981 | Anesthesia and Analgesia in Laboratory_Animals | | | 9780721663340 | Atlas of Veterinary Hematology | | | 9780123694928 | Biostatistics | | | 9780702027802 | Bovine Laminitis and Lameness | | | 9780721692142 | Brinker. Piermattei, and Flo's Handbook of Small Animal Orthopedics and Fracture Repair | | | 9781416054191 | Canine Behavior | | | 9780721695556 | Canine_Rehabilitation & Physical Therapy | | | 9780323086974 | Cardiovascular Physiology | | | 9780702027826 | Clinical Anatomy and Physiology of Exotic Species | | | 9780721603797 | Clinical Nutrition | | | 9780323011259 | Clinical Veterinary Toxicology | | | 9780721682396 | Color Atlas of Canine and Feline Ophthalmology | | | 9780702028106 | Color_Atlas of Diseases and Disorders of the Foal | | | 9780702027581 | | | | 9780721604237 | | Consultations in Feline Internal Medicine | | 9780323048415 | Critical Care Medicine | | | 9780721695402 | Current Therapy_in Equine_Medicine | | | 9780721693231 | Current Therapy_in Large Animal Theriogenology | | | 9780323013178 | Diagnostic Cytology_and Hematology of the_Horse_ | | | 9781416023265 | Equine_Anesthesia | | | 9780702026348 | Equine Behavior | | | 9781416052340 | | Equine Breeding_Management and Artificial Insemination_ | | 9780702024849 | Equine Clinical Pharmacology | | | 9781416036098 | Equine Emergencies | | | 9780702028571 | Equine_Exercise Physiology | | | 9781416024064 | Equine Infectious Diseases | | | 9780721697772 | Equine Internal Medicine | | | 9780721603834 | Equine_Podiatry_ | | | 9780702026713 | Equine Sports Medicine and Surgery | | | 9781416001232 | Equine Surgery | | | 9781416000099 | Exotic Pet Behavior | | | 9780721694986 | Feline Behavior | | | 9780702029868 | Feline Orthopedic Surgery_and Musculoskeletal Disease | | | 9780702028274 | Ferret Husbandry_Medicine and Surgery | | | 9781416024422 | Fluid_Electrolyte and _Acid-Base Physiology | | | 9780721639499 | Fluid_Electrolyte and Acid-Base Disorders in Small Animal Practice | | | Product ID | Elsevier eBooks Titles | Final Net Price 2013 | |---------------|---------------------------------------------------------------|------------------------| | 9781416035916 | Food Animal Practice | | | 9780123704696 | Fundamentals of Toxicologic Pathology | | | 9780702028748 | Handbook of Avian Medicine | | | 9780702028359 | Handbook of Equine Anaesthesia | | | 9780702028632 | Handbook of Equine_ Radiography | | | 9780124262607 | Handbook of Pesticide Toxicology | | | 9780721686769 | Handbook of Small_Animal Gastroenterology | | | 9781416039495 | Handbook of Small Animal Practice | | | 9780323046794 | Handbook of Veterinary Pain Management | | | 9780323044783 | Handbook of Zoonoses | | | 9780123743671 | Haxes_Handbook of Pesticide_Toxicology | | | 9780702028236 | Jubb Kennedy & Palmer's Pathology of Domestic_ Animals | | | 9780/22639517 | Laboratory Animal Medicine | | | 9781416001195 | Manual of Exotic Pet Practice | | | 9780721601236 | Manual of Veterinary_ Dietetics | | | 9780702029684 | Medical History and Physical Examination in Companion Animals | | | 9780125104517 | Medical and Veterinary_Entomology | | | 9780124982642 | Mims' Pathogenesis of Infectious Disease | | | 9780721676180 | | | | 9780702028625 | Poultry Diseases | | | 9780123865250 | Primer on the_Autonomic Nervous System | | | 9780702024887 | Problem-Based Feline Medicine | | | 9780721697895 | Radiology of Rodents_Rabbits and Ferrets_ | | | 9781416031376 | Rebhun's Diseases of Dairy Cattle | | | 9780323086912 | Renal Physiology | | | 9780121965754 | Reproduction in Domestic Animals | | | 9780124833753 | Reproductive Pathology of Domestic Mammals_ | | | 9780721693279 | Reptile_Medicine and Surgery | | | 9780721604220 | Saunders Manual of Small Animal Practice | | | 9780721689692 | Small Animal Arthroscopy | | | 9780750672986 | Small Animal Cardiology | | | 9780721689036 | Small Animal Clinical Diagnosis_by_Laboratory_ Methods | | | 9780702028588 | Small Animal Clinical Pharmacology | | | 9780721628257 | Small_Animal Dermatology | | | 9780721601373 | Small Animal Ear Diseases | | | 9780702028618 | Small Animal Ophthalmology | | | 9780721681771 | Small Animal Radiology_and Ultrasonography_ | | | 9780750674089 | Small Animal Theriogenology | | | 9780721606392 | Small Animal Toxicology | | | 9780750640022 | Textbook of Rabbit Medicine | | | 9780721687063 | Textbook of Respiratory_Disease in and Cats Dogs | | | 9780120884452 | The Comprehensive Sourcebook of Bacterial Protein Toxins | | | 9780702027697 | The Equine Manual | | | Product ID | Elsevier eBooks Titles | Final Net Price 2013 | |---------------|-----------------------------------------------------------------|------------------------| | 9780123694546 | The Mouse in Biomedical Research | | | 9780702020353 | Veterinary_Anaesthesia | | | 9780721693835 | Veterinary_ Dental Techniques for the Small Animal Practitioner | | | 9780702027475 | Veterinary Dentistry_for the General Practitioner | | | 9780323025270 | Veterinary Diagnostic Imaging; Birds_ Exotic Pets and Wildlife | | | 9780323012058 | Veterinary_ Diagnostic Imaging: The and Cat Dog | | | 9780323012065 | Veterinary Diagnostic Imaging: The Horse | | | 9781560534211 | Veterinary Emergency_ Medicine Secrets_ | | | 9780750673112 | Veterinary_Epidemiology | | | 9780750672610 | Veterinary Parasitology | | | 9780721676654 | Veterinary Pediatrics | | | 9780702029202 | Veterinary Practice_Management | | | 9780721605586 | Withrow & MacEwen's Small Animal Clinical Oncology | | | 9781416040477 | Zoo and Wild Animal Medicine | |

8ea77aef-366b-4081-be8d-e3ec888e5ed6

Tier2_Thieme_Jls_Addend_2003_SynthesisSynlettPlantaMedicaPlantBiology_Redacted

## CALIFORNIA DIGITAL LIBRARY ## Addendum to License Agreement with Thieme Medical Publishers For Electronic Resources The following replaces in full the Section IIL; IX and X of the agreement between Thieme Medical Publishers; Inc. and Califomnia Digital Library as of August 11, 2003 ## accept the changes to Section IlI, IX and X Signature of Authorized Signatory of Licensor [Text deleted] [Text deleted] [Text deleted] [Text deleted] [Text deleted] [Text deleted] Associate Univ . Librarian, Technology & Technical Services Title: Address: UCSD Libraries 9500 Gilman Drive La Jolla, CA 92093-0175G E-mail: [Text deleted] Print Name Title: Sales Manager, Electronic Products ## LICENSEE: BY: DATE: Signature of Authorized Signatory of Licensee 47 4003 Jaues ## IL\_Fees ## Pricing and Subscription Information Licensee shall make payment to Licensor for use of the Licensed Materials as follows: [Text deleted] [Text The per institution listed in price deleted] [Text deleted] for perpetual online access to Synthesis (1969-2002) and Synlett (1989-2002) was paid [Text delet ed] In the event that any of the an institutional subscription. print print ## UC Berkeley | Title | Sub ID | |---------------|----------| | Planta Medica | 41777 | | Plant Biology | 61706 | | Synthesis | 30933 | | Synlett | 40636 | ## UC Davis [xnlett | Title | Number lof sub | ISub ID | |----------------|------------------|-----------| | [Planta Medica | | 41795 | | Plant Biology | | [50339 | | [Synthesis | | 17790 | | | | 40648 | ## UC \_ Los\_Angeles | Title | INumer of Isub | Sub ID | |----------------|------------------|----------| | [Planta Medica | | 41780 | | [Synlett | | 40653 | | [Sxnthesis | | [30960 | ## UC Riverside [Sxnthesis | Title | Numer of sub | [Sub ID | |----------------|----------------|-----------| | [Planta Medica | | 141778 | | [Plant Biology | | 147207 | | [Synlett | | 40678 | | | | 17763 | ## UC San Diego | | Isub | ISub ID | |-----------|--------|-----------| | [Synlett | | 17149 | | [ynthesis | | H2639 | ## UC San Francisco Synthesis | Title | Number of sub | Sub ID | |---------------|-----------------|----------| | Planta Medica | | 43780 | | | | 43778 | ## UC \_ Santa Cruz | | Number of Isub | ISub DD | |-----------|------------------|-----------| | [Synlett | | | | [xnthesis | | 7789 | ## UC \_ Santa Barbara [xnthesis | Title | [Number Jof sub | ISub ID | |----------------|-------------------|-----------| | [Plant Biology | | 447170 | | [xnlett | | | | | | |30785 | ## UC | Title | Number of Isub | ISub ID | |----------------|------------------|-----------| | PPlanta Medica | | | | PPlant Biology | | 447182 | | [Synlett | | /17096 | | [xnthesis | | | ## IX\_Ierm This Agreement shall continue in effect for three (3) commencing on the Effective Date and ending 31 December 2005. years - ## X Renewal This agreement shall be renewable at the end of the initial term for a successive term unless either party gives written notice of its intention not to renew forty-five (45) before expiration of the current term. days Payments. Licensee shall pay to Licensor the full yearly access fee as shown in Section III within 60 of the effective date of this Agreement . Thereafter the subscriber shall pay the yearly access fee by January 31 of each year, provided that Licensee is invoiced no less than 60 days in advance of January 31 in each days year. ## XL\_Early Termination online access to the Licensed Materials by Licensee and Upon Termination of this Agreement for cauosei of Licensed Materials may be retained by Authorized Users shall be terminated. Authorized copies Users and used subject to the terms of this Agreement: Licensee or Authorized that the other materially has breached any obligations under this In the event that either party believes exceeded the scope of the License; such party shall so Agreement; or if Licensor believes that Licensee has have sixty (60) days from the receipt of in writing that cure has been If the breach is not cured within the sixty (60) period, the right to day Licensee shall be entitled to a refund of any In the event of early termination permitted by this Agreemenai of the Agreement from the date thereof by Licensee for any remaining fees or pro-rata of termination. period paid portion ## Appendix A List of CDL members covered under this license University of California Davis University of California Riverside University of California San Francisco University of California Santa Barbara University of California Santa Cruz University of Califomia San Diego University of California Berkeley University of California Irvine University of California Los Angeles University of Califomia Merced ## Appendix B ## List of Journals covered under this license Plant Biology Planta Medica Synthesis Synlett

Licensee shall make payment to Licensor for use of the Licensed Materials as follows: [Text deleted] [Text The per institution listed in price deleted] [Text deleted] for perpetual online access to Synthesis (1969-2002) and Synlett (1989-2002) was paid [Text delet ed] In the event that any of the an institutional subscription. print print

online access to the Licensed Materials by Licensee and Upon Termination of this Agreement for cauosei of Licensed Materials may be retained by Authorized Users shall be terminated. Authorized copies Users and used subject to the terms of this Agreement: Licensee or Authorized that the other materially has breached any obligations under this In the event that either party believes exceeded the scope of the License; such party shall so Agreement; or if Licensor believes that Licensee has have sixty (60) days from the receipt of in writing that cure has been If the breach is not cured within the sixty (60) period, the right to day Licensee shall be entitled to a refund of any In the event of early termination permitted by this Agreemenai of the Agreement from the date thereof by Licensee for any remaining fees or pro-rata of termination. period paid portion

f5cba229-5a80-487a-ad32-efff477de2e0

Elsevier_SD_amdt_11_Pedosphere_UCB_REDACTED

## ELEVENTH AMENDMENT TO ELSEVIER LICENSE AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated the 30 December 2003, as last amended on the 31 2006 (the "Prior Agreement?) and wish to amend the Prior May , NOW , THEREFORE, in consideration of the mutual promises and covenants set forth below, and for such other and valuable consideration; the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Prior Agreement as of the execution date below as set forth below and on Schedule 1 good Except as specifically amended hereby, all of the of the Prior Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Prior Agreement. To the extent any terms or conditions of the Prior Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective; duly authorized representatives as of the 27th of December, 2006. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (Subscriber) Title: ELSEVIER B V. (Licensor) Ivanzle: Title: Managing Director; Sales Contract Number: 1-6MCGIB Version: 1 2005 Aug ## ELEVENTH AMENDMENT TO ELSEVIER LICENSE AGREEMENT Schedule 1 The Licensed Products and Fees identified below are in addition to those identified the Prior Agreement. ## UNIVERSITY OF CALIFORNIA BERKELEY Contract No. 1-6MCGIB | Licensed Products publisher | Access | 2006 | |------------------------------------|--------------------|--------| | ScienceDirect@ online Elsevier B.V | sciencedirect .com | | | Pedosphere Online | | | | TOTAL FEES | | |

de387417-eb68-4f8f-a4d3-4cb9a3a21d50

tier2_redacted_SIAM_addendum

## Society for Industrial and Applied Mathematics Online Journals Subscription Agreement Addendum One ~ 1HIS ADDENDUMismooeonthe '5 day of QC1\;,b.../2004. BETWEEN: Licensor. Societyfor IndustrialandApplied 1-:btherru:u:ks ("SIAivl'"); 600University City 3 Center, Philadelphia. PA 19104 USA ; and Licensee: University of California San Diego ("Licensee"),9500 Gilman Drive, LaJo~ CA 92093 USA 1san Addendum to the Society for Industrial and Applied Mathematics Online Journals Subscription Agreement ("the License Agreement:")signedby the LicenseeMarch 27,2002 and iTIade SIAi\1and the Licensee; ## From the Date hereof the License Agreement shall be amended as follows: - L Licensed Material shall include, effe.crive JW:;,in addition to that unlimited, perpetual access to the following: inthe ## LOCUS:SIAMOcline Jonma1¥~!:.,H,~?.:J99~n for aU10camp\ISCS and the Oft1ce of the President of the Universityof California. - 2. The Lkense Agreement shall remain full force and effect, and the terms of the apply to Licensed Material set out.herein as if it were included the License Agreement shall - ;3. agreesto waivethe annual access fee for LOCUS: SIAM Ocline Journal4t\.rchive while University of California campus rn..1.intainsecrronk d accessto current SlAJ\1online journals. In the event that all can1pusestem1inate access to the current SIAM online journals,a mutually agreed upon access will be paid for contmuedelectron1c accessto LOCUS archive. - 4. Upon requeSt,the University of California may receivefrom SIAMone copy of LOQJS: SIAr~ Online Journal Archive to be maintained as a backup or archivalcopy duringthe tenn of Agreemem, or as required, to the University's perpetu.ll rightS,above. Conditions and tem)s of use",ill exercised pursuant to tenus of the Agreemem and subsequentam.enrnnems. 5. of California agrees to",~=..c~~~ ~:are f<)~~e '.. of California campuses;the University of Califomia,San Frmcisco is included -- and on behalf of Society of Industrial and Applied Mathematics For and on behalf of University of California San Diego . . ## Campuses of the University of California University of California, Berkeley University of California, Davis University of California, Irvine University of California, Los Angeles University of California, Merced University of California, Riverside University of California, San Diego University of CaHfornia, San Francisco University of California, Santa Barbara University of California, Santa Cruz University of California Office of the President : ## :UNNERSITY OF CALIFORNIAIP Addresses by Campus :rev. 9/21/04 (mzt) DC Berkeley [Text deleted] DC Davis [Text deleted] DC Irvine [Text deleted] DC Los Angeles [Text deleted] DC Merced [Text deleted] DC Riverside [Text deleted] DC San Francisco [Text deleted] DC Santa Barbara [Text deleted] DC Santa Cruz [Text deleted] DC San Diego [Text deleted] DC Office of the President - California Digital Library [Text deleted]

b82ad5c6-1cde-4b4e-8a87-c973e0dc2915

Brill_addend28_UCB_Redacted

## ers ty of California ## BRILL Publishers and Regents of the U ni v i License A g e ment r e ## Addendum Twenty Eight THIS ADDENDUM is made on the 8th day of December 2017 BETWEEN: L c i e n o s r : Brill Publishers, 2 Liberty Square, 11th Floor I Boston, MA 02109 I USA L i c e n e s e : R e g e n ts o f th e U i n v rs e ity of California, with its p ri n c ip a l offices at the California Digital L b a i r ry , U ni v er s i ty of California, Office of the P r e i s d e nt, 415 20th S ree t t , 4th Floor, Oakland, CA 94612 USA This i s an Addendwn to t h e Brill Publishers a n d T he Re g e n t s of the University of California License Agreement (t h e " A gr ee m e n t " ) s igne d by the Licensor S e pt em b r e 21, 2006 and made between the Licensor a n d the Licensee: ## From the Date hereof the License Agre eme nt shall be amended as follows: - 1. The Licensed Materials s h ll a include, effective 22 March, 2017 in addition ro that specified in the License Agreement, unlimited web-based access for the U ni v e s r i ty of California, Berkeley Qncluding the Lawrence B e k ley Lab) o r e n ly to the following: The History of Afghanistan Online - 2. The A gr e e me n t shall remain in full force and effect, and the terms of the Agree me n shall t apply to t h e Licensed Materials set out h e r e in as if it were included in the Ag r e e ment . - 3. S u bsc r i pti o n P r u c h a s e p i r c es li s te d a b o e v - 4. Unlimited simu l ta n eo us , pe r p e tu a l a cc e ss b y University of California, Berkeley, Authorized U er s s . Date: Title: S i gn e d For and on behalf of Brill Publishers Signed by: Date: ... 12/8/2017 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title: Associate Executive Director, Californi Digital L b i r a ry ... . . . ..... . .... . . .. . . .. . .. . . . Foe nnd on bchnlf of Regents of the University of California

5b591ba5-9484-4043-a071-c1d08440de2f

IEEE_amdtC_2016-2018_Redacted

## AMENDMENTC MUL Tl-YEAR COMMITMENT This Amendment C is hereby incorporated into the IEEE Online Products License Agreement Academic that was signed by The Regents of the University of C a li f orn ia , with its principal offices at The California Digital Library ("Licensee") and The Institute of Electrical and Electronics Engineers, Incorporated ("IEEE") dated April 25, 2007 ("the Agreement"). The parties agree to be bound by the terms and conditions of the Agreement and acknowledge the following: - 1. Access to lEEE/IET Electronic Library (IEL) shall be limited pursuant to the terms and conditions of this Amendment for the following Authorized Sites: - a. University of California, Berkeley - b. University of California, San Diego - c. University of California, Los Angeles - d. University of California, Santa Barbara - e. University of California, Irvine - f. University of California, Davis - g. University of California, San Francisco - h. University of California, Santa Cruz - i. University of California, Riverside - j. University of California, Merced - k. University of California, Office of the President - 2. Pursuant to Section 6 and Section 9 of the Agreement, the Licensee Fees and Service Dates listed reflect the payments for services for a term period of three (3) years as outlined below: - a. Year 1 Service Dates: December 31, 2015 to December 31, 2016-ll····I - b. Year 2 Service Dates: January 1, 2017 to December 31, 2017 - - c. Year 3 Service Dates: January 1, 2018 to December 31, 2018 - - 3. In connection with the services, payments shall be due in annual installments. IEEE will invoice Licensee thirty (30) days prior to the beginning of each Service Date and payment of the annual installment shall be due thirty (30) days from the Invoice Date. - 4. If during the term listed above. Licensee (1) requests to provide access to additional campus locations or (2) effects any other changes within its organizational structure that materially increases the scope of its access to the IEEE Licensed Products; then the terms and conditions outlined herein are subject to amendment by IEEE and the above outlined license fees are subject to proportional increase. - 5. For the avoidance of doubt, Renewal Terms may include labs and other entities managed by the Licensee as Authorized Sites. If either of the following labs are included within the Renewal Term, the invoice issued to Licensee will show a separate line item for the particular lab at pricing established by IEEE, approved by the Licensee and separate from the multi-year pricing outlined in this Amendment. - · Lawrence Berkeley National Laboratory (LBNL) - · Lawrence Livermore National Laboratory (LLNL) - 6. This Amendment may be executed in counterparts and by facsimile, each of which shall be deemed an original and both of which shall constitute one and the same document. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by the duly authorized representatives as of the Effective Date. ## LICENSEE: REGENTS OF THE UNIVERSITY OF CALIFORNIA, with its principal offices at • !. ·��:.• ! ::.:.� Title: \_Associate Executive Director Date: \_\_ \_ Date: \_9/6/2017 \_\_\_\_\_\_\_\_ \_ LICENSOR: INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS, INC. Title: Director, Customer Operations

6fd8600c-3537-4b6f-ba6c-7605d4c68669

Karger_Agreement_2019-2021_Redacted

## LICENSE AGREEMENT ## S.KARGERAG AND ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA This License Agreement (this "Agreement") is made effective as of January 1, 2019 (the "Effective Date") between S. Karger AG, ("Licensor") and The Regents of the University of California, a non-profit academic institution, with its principal offices at The California Digital Library, University of California Office of the President,\_.\_. ("Licensee"). In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ## I. CONTENT OF LICENSED MATERIALS; GRANT 01< LICENSE Licensed Materials. The materials (the "Licensed Materials") that are the subject of this Agreement are set forth in Appendix A. Grant of License Licensor hereby grants to Licensee a non-exclusive, non-transferable, worldwide, systemwide perpetual right to access and use the Licensed Materials, and to provide the Licensed Materials to Authorized Users (which are defined in Section IV below) in accordance with the terms of this Agreement. Ownership of lntellectual Property. Nothing in this Agreement shall be interpreted to transfer ownership of any copyright, trademarks or service marks from the Licensor or its suppliers to the Licensee or Authorized Users. ## II. DELIVERY & ACCESS Licensor will provide the Licensed Materials to the Licensee in the following manner: Network Access. The Licensed Materials will be stored at one or more Licensor locations in digital form accessible by telecommunications links between such locations and authorized locations of Licensee. ## III. FEES Fees and Payment. Licensee shall pay Licensor for the Licensed Materials pursuant to the terms set forth in Appendix A. All fees are due and payable by Licensee sixty (60) days after the date of invoice from Licensor, but no earlier than thirty (30) days before renewal. Notice of Renewal Fees. Licensor shall provide Licensee with renewal quotes of all Licensed Materials no less than sixty (60) days prior to the end of the current term. ## IV. AUTHORIZED USE OF LICENSED MATERIALS Authorized Users. "Authorized Users" are: Persons Affiliated with the University of California Full and part time employees (including faculty, staff, and independent contractors) and students of Licensee, regardless of the physical location of such persons. For authorized sites, see Appendix B. Walk-ins. Patrons not affiliated with Licensee who are physically present at Licensee's site(s) ("walk› ins"). Access by and Authentication of Authorized Users. Licensee and its Authorized Users shall be granted access to the Licensed Materials pursuant to the following: IP Addresses. Authorized Users shall be identified and authenticated by the use of Internet Protocol ("IP") addresses provided by Licensee to Licensor. The use of proxy servers is authorized as long as any proxy server IP addresses provided limit remote or off-campus access to Authorized Users. Authorized IP Addresses are listed in Appendix C. An updated list will be sent to Licensor on an annual or as needed basis. Licensee and Licensor shall cooperate in the implementation of new authentication protocols and procedures (such as Shibboleth) as they are developed during the term of this Agreement. Licensor-Administered Authentication. Where Licensor provides alternative methods of access and authentication beyond the Licensee-administered methods described herein, e.g. by allowing users to establish a personal login from an on-campus IP address (thereby enabling access via username and password when logging in to a vendor website) or device authentication, which affiliates the device or application by use of a token, cookie, or vendor-managed proxy prefix, Licensee will not be responsible nor liable for claims of breach or validity of such use. Authorized Uses. Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with United States copyright law, including its Fair Use Provisions. In addition, the Licensed Materials may be used for purposes ofresearch, education or other non-commercial use as follows: Display. Licensee and Authorized Users shall have the right to electronically display the Licensed Materials. Digitally Copy. Licensee and Authorized Users may download and digitally copy a reasonable portion of the Licensed Materials. Print Copy. Licensee and Authorized Users may print a reasonable portion of the Licensed Materials. Recover Copying Costs. Licensee may charge a reasonable fee to cover costs of copying or printing portions of Licensed Materials for Authorized Users. Archival/Backup Copy. Licensor shall provide to Licensee upon request, or Licensee may create, one (1) copy of the entire set of Licensed Materials to be maintained as a backup copy. In the event that the Agreement is terminated, or the Licensor no longer offers the Licensed Materials online, Licensee may use the backup copy to exercise Licensee's rights under section XII, Perpetual Rights, of this Agreement. Caching. Licensee and Authorized Users may make local digital copies of the Licensed Materials in order to ensure efficient use by Authorized Users by appropriate browser or other software. For the avoidance of doubt, the cached copy is not a derivative work. Classroom Use. Licensee and Authorized Users may distribute single copies of individual articles or items of the Licensed Materials in print or electronic form to Authorized Users. For the avoidance of doubt, classroom handouts shall include the distribution of a copy for teaching purposes to all individual Authorized Users in a class at Authorized Sites (Appendix B). Collections of Information. Licensee and Authorized Users shall be permitted to extract or use information contained in the Licensed Materials for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis. Collections of Information. Licensee and Authorized Users shall be permitted to extract or use information contained in the Licensed Materials for educational, scientific, or research purposes, including extraction of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis. Licensed Materials may not be modified or manipulated, except for minor editing privileges on images, figures and tables. For the avoidance of doubt, no alteration of words or their order is permitted. Course Packs (Print and Electronic). Licensee and Authorized Users may use a reasonable portion of the Licensed Materials in the preparation of Course Packs or other educational materials under the condition that the Course Packs will be used for non-commercial purposes only. Course Reserves (Print and Electronic). Licensee and Authorized Users may use a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction offered by the University of California under the condition that the main purpose of these courses of instruction will be non-commercial. Electronic Links. Licensee and Authorized Users may provide hyperlinks from the Licensee's and Authorized Users' web page(s) or web site(s) to individual units of content within the Licensed Materials. Scholarly Sharing. Authorized Users may transmit to a third party in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercial purposes. Text and Data Mining. Authorized Users may use the Licensed Materials to perform and engage in text and/or data mining activities for academic research, scholarship, and other educational purposes and may utilize and share the results of text and/or data mining in their scholarly work and make the results available for use by others, so long as the purpose is not to create a product for use by third parties that would substitute for the Licensed Materials. Licensor will cooperate with Licensee and Authorized Users as reasonably necessary in making the Licensed Materials available in a manner and form most useful to the Authorized User. Licensor shall provide to Licensee, upon request, copies of the Licensed Materials for text and data mining purposes without any extra fees. Interlibrary Loan. Licensee may fulfill requests from other libraries, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in accordance with Sections I 07 and 108 of the U.S. Copyright Act. Requests may be fulfilled by post, fax or secure transmission (using Ariel or its equivalent). Bibliographic Citations. Licensee and Authorized Users may use, with appropriate credit, figures, tables, and brief excerpts from the Licensed Materials in the Authorized User's own scientific, scholarly, and educational works. For the avoidance of doubt, Licensee and Authorized Users may use citation and abstract information in faculty profiling systems, in lists of publications on faculty and institutional web pages, and to create bibliographies, and store a single copy of an individual document being part of the Licensed Materials, including within secure personal bibliographic reference/citation management systems. No Diminution of Rights. Nothing in this Agreement, including but not limited to Authorized Uses, shall be interpreted to diminish the rights and privileges of the Licensee or Authorized Users with respect to any of the Licensed Materials, including exceptions or limitations to the exclusive rights of copyright owners, such as fair use, under Section 107 of the U.S. Copyright Act. In the event that any content included in the Licensed Materials is in the public domain or has been issued under a Creative Commons or other open license, Licensor shall not place access, use or other restrictions on that content beyond those found in the open license, where applicable. Author Rights to Use Their Own Work. Notwithstanding any terms or conditions to the contrary in any author agreement between authors and Licensor, authors who are Authorized Users of Licensee ("Authors") whose work ("Content") is accepted for publication by Licensor during the Tenn shall retain the non-exclusive, irrevocable, worldwide, royalty-free right to use their Content for scholarly and educational purposes, including self-archiving or depositing the Content in institutional, subject-based, national or other open repositories or archives (including the author's own web pages or departmental servers), and to comply with all grant or institutional requirements associated with the Content. Licensee and Licensor shall cooperate in the implementation of procedures for Licensor to deposit Content into Licensee's institutional repository, or to make the Content available for Licensee to harvest, as they are developed during the term of this Agreement. For the avoidance of doubt, it is the intent of the parties to this License Agreement that Licensee's Authors are third party beneficiaries of this provision of the Agreement. Nothing in this section shall eliminate or limit any other rights that Licensee or any Author may have to deposit, host or make available Content published by Licensor. Definitions: Author: An author of a work published by Licensor who is an Authorized User of the Licensed Materials. Content: The author's accepted manuscript version (after peer review and including revisions from the peer review process but before copy-editing and final publication) of any work by an Author that is accepted for publication by Licensor. Scholarly and educational purposes: Purposes encompassing teaching, research, and institutional needs, including but not limited to the right to (a) use, reproduce, distribute, perform, and display the Content in connection with teaching, conference presentations, and lectures; (b) make full use of the Content in future research and publications; ( c) republish, update or revise the Content in whole or in part for later publication; ( d) meet requirements and conditions of research grants or publishing subventions provided by government agencies or non-profit foundations, and; (e) grant to the Author's employing institution some or all of the foregoing rights, as well as permission to use the Content in cqnnection with administrative activities such as accreditation, mandated reports to state or federal governments, and similar purposes. In all cases, the Author and/or the Author's employing institution will be expected to provide proper citation to the published version. Repositories or archives: Open-access digital repository services such as those provided by the Author's employing institution, an academic consortium, a discipline-based entity, or a governmental funding agency. ## Amount of Authorized Use. Unlimited Access. Subject to the terms of this Agreement, Licensee and its Authorized Users shall have unlimited simultaneous user access to the Licensed Materials. ## V. SPEC[FIC RESTRICTIONS ON USE OF LICENSED MATERIALS Unauthorized Use. Licensee shall not knowingly permit anyone other than Authorized Users to access the Licensed Materials. Modification of Licensed Materials. Licensee shall not modify, manipulate, or create a derivative work of the Licensed Materials without the prior written permission of Licensor. Removal of Copyright Notice. Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials. Commercial Purposes. Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials, fee-for-service use of the Licensed Materials; nor may Licensee impose special charges on Authorized Users for use of the Licensed Materials beyond reasonable printing or administrative costs. For the avoidance of doubt, research conducted by Licensee and Authorized Users that is supported by a commercial entity shall not be considered usc for commercial purposes. ## VI. MUTUAL PERFORMANCE OBLIGATIONS Notification and Cure of Unauthorized Use, In the event the Licensee has notice of an unauthorized use of the Licensed Materials and cannot promptly remedy it, the Licensee shall promptly notify the Licensor. In the event the Licensor has notice of unauthorized use of the Licensed Materials, the Licensor will promptly notify Licensee. In the case of unauthorized use which is causing serious and immediate material harm to the Licensor, Licensor may temporarily suspend such offending individual Authorized User's access to the Licensed Materials (e.g. by blocking an individual user's IP address), provided that Licensor immediately notifies the Licensee of any such suspension, including the reason for the block and any supporting details. Such temporary suspensions will be of the shortest duration possible sufficient to terminate the alleged unauthorized activity and prevent its resumption. Any unauthorized use that is considered a breach of obligations under this Agreement shall be subject to Section XI, below, including the cure period. ## VII. LICENSOR PERFORMANCE OBLIGATIONS The Licensor will use reasonable efforts to ensure that its performance will meet or exceed industry standards and practices. Additionally, the Licensor agrees to the following performance standards. Availability of License Materials. Upon the Effective Date of this Agreement, Licensor will make the Licensed Materials available to the Licensee and Authorized Users. Discovery of Licensed Materials. Licensor shall make the Licensed Materials available through Licensee's Discovery Service System(s) for indexing and discovery purposes. Licensor shall provide to Licensee's discovery service vendors on an ongoing basis the citation and complete descriptive metadata (including all subject headings, abstracts, and keywords), and full-text content necessary to facilitate optimal discovery and accessibility of the content for the benefit of Licensee and Authorized Users. Discovery Service Systems are defined as user interface and search systems for discovering and displaying content from local, database and web-based sources. Persistent Linking. Licensor will comply with the most current version of the OpenURL standard (ANSI/NISA Z39.88), and will provide a mechanism for persistent links to content. Online Terms and Conditions. In the event that Licensor requires Authorized Users to agree to additional terms relating to the use of the Licensed Materials ( commonly referred to as "click-through" or "clickwrap" licenses), or otherwise attempts to impose terms on Authorized Users through online terms and conditions invoked by the mere use or viewing of the Licensed Materials, such terms shall not materially differ. from the provisions of this Agreement. In the event of any conflict between the click› through terms or online terms and conditions and this Agreement, the terms of this Agreement shall prevail. For the avoidance of doubt, Authorized Users are not a party to this Agreement. Documentation. Licensor will provide complete and up-to-date help and operational documentation for Licensee and Authorized Users in an electronic format. Support. Licensor will provide activation and installation support, including assisting Licensee and Authorized Users with the implementation of any Licensor software. Licensor will offer reasonable levels of continuing support to assist Licensee and Authorized Users in use of the Licensed Materials. Licensor will make its personnel available by email and/or phone during Licensee's regular business hours, Monday through Friday, for feedback, problem-solving, or general questions and will respond in a timely manner. Updates. Licensor will provide regular system and project updates to Licensee as they become available. Quality of Service. Licensor shall use reasonable efforts to ensure that the Licensor's server or servers have sufficient capacity and rate of connectivity to provide the Licensee and its Authorized Users with a quality of service comparable to current standards in the on-line information provision industry in the Licensee's locale. Licensor shall use reasonable efforts to provide continuous service seven (7) days a week with an average of 98% up-time per month. The 2% down-time includes periodic unavailability due to server maintenance; software installation or testing; loading or making available additional Licensed Materials as they become available; and unavailability because of service or equipment failure outside the control of Licensor (including problems with public or private telecommunications services, or Internet nodes or facilities). Licensor may schedule brief unavailability periods, but will do so only where (1) it has given at least forty-eight ( 48) hour notice to Licensee, and (2) in ways and at times that minimize inconvenience to Licensee and its Authorized Users, regardless of when notice has been given. Problems with Licensed Materials. If the Licensed Materials fail to operate, display, load, or render in conformance with the terms of this Agreement, Licensee shall immediately notify Licensor, and Licensor shall promptly use best efforts to restore access to the Licensed Materials as soon as possible. In the event that the non-conformity materially affects the Licensee's or Authorized Users' use of the Licensed Materials, and Licensor fails to repair the nonconformity within five (5) business days, Licensor shall reimburse Licensee for such problems in an amount that is proportional to the total Fees owed by Licensee under this Agreement. Transfer or Acquisition of Titles. If any portion of the Licensed Materials is transferred to or acquired from another party, Licensor shall use best efforts to ensure that Licensee does not lose access to content subject to this Agreement as a result of the transfer or acquisition. Any archival and perpetual access rights that have been granted shall be honored, whether the Licensor is acting as the transferring or acquiring party. If Licensor is transferring any portion of the Licensed Materials to another party, Licensor will use best efforts to assign all rights and obligations to the assignee. If Licensor is acquiring works that become subject to this Agreement, Licensor will use best efforts to acquire the rights to perform under this Agreement, including but not limited to perpetual access rights. Licensor agrees to communicate with the party from which it is acquiring works to exchange such relevant payment and rights information. For journal titles, Licensor will comply with the NISO Transfer Code of Practice. 1 1 http:/ /www.niso.org/workrooms/transfer/ Completeness of Content. Licensor will inform Licensee of instances where online content differs from print versions of the Licensed Materials. Where applicable, Licensor will cooperate with Licensee to identify and correct content errors or omissions, and when necessary, the Licensor shall use reasonable efforts to ensure that the online content: (1) is at least as complete as print and other physical format versions of the Licensed Materials; and (2) represents complete, accurate, and timely replications of the corresponding content contained within the print and other physical format versions of such Materials. In order to facilitate the assessment of completeness of content, Licensor will provide upon request of Licensee a report of the content in the Licensed Materials at the title, issue, chapter, or item level. Licensor will disclose to Licensee content known or found to be missing from the Licensed Materials, including but not limited to images, pages, issues, and chapters. If online content is a digitized version of print content and differs from the print or other physical format versions of Licensed Materials so as to be substantially less useful to the Licensee or its Authorized Users, the Licensee may seek to terminate this Agreement for breach pursuant to the termination provisions of this Agreement in Section XI, below. Notification of Modifications of Licensed Materials. From time to time Licensor may add, change, or modify portions of the Licensed Materials, or migrate the Licensed Materials to other formats. When such changes, modifications, or migrations occur, the Licensor shall give notice of any such changes to Licensee as soon as is practicable, but in no event less than sixty (60) days in advance of modification. If any of the changes, modifications, or migrations renders the Licensed Materials substantially less useful to the Licensee or its Authorized Users, the Licensee may seek to terminate this Agreement for breach pursuant to the termination provisions of this Agreement in Section XI, below. Withdrawal of Licensed Materials. Licensor reserves the right 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. Licensor shall give written notice of the withdrawal to the Licensee as soon as is practicable, but in no event less than thirty (30) days in advance of withdrawal, specifying the item or items to be withdrawn. If any such withdrawal renders the Licensed Materials less useful to Licensee or its Authorized Users, Licensor shall reimburse Licensee for the withdrawal in an amount proportional to the total Fees owed by Licensee for the Licensed Materials under this Agreement. If any such withdrawal renders the Licensed Materials substantially less useful to Licensee or its Authorized Users, Licensee may seek to terminate this Agreement for breach pursuant to the termination provisions in Section XI, below. Itemized Holdings/Title List. The Licensor will provide to the Licensee, prior to the beginning of the calendar year within the current term, an itemized holdings report that specifies the titles included in the Licensed Materials for the next subscription term. Licensor will use reasonable efforts to update itemized holdings reports as soon as is practicable when holdings information changes, and will provide this information to Discovery Service Systems in a timely manner and to Licensee on request. If the Licensed Materials include content covered by the NJSO Knowledge Bases And Related Tools (KBART) Reconunended Practice, Licensor will provide itemjzed holdings lists for the Licensed 2 Materials in KBART-compliant format, including a column/field for dates (YYYY-MM) of additions. Usage Statistics. Licensor must provide both composite systemwide use data and itemized data for individual campuses and labs, on a monthly basis. Statistics shall meet or exceed the most recent project Counting Online Usage ofNeTworked Electronic Resources (COUNTER) Code of Practice ReJease, 3 including but not limited to its provisions on customer confidentiality. When a release of a new COUNTER Codes of Practice is issued, Licensor shall comply with the implementation time frame specified by COUNTER to provide use statistics in the new standard format. Licensor shall not provide Licensee's usage statistics in any form to any third party without the Licensee's written authorization, unless the third party owns rights in the Licensed Materials. In all cases, the disclosure of such data shall fully protect the anonymity of individual users and the confidentiality of their searches, and will comply with all applicable privacy laws. The Licensor shall not disclose or sell to other parties usage data or information about the Licensee or its Authorized Users without the Licensee's written permission or as required by law. Confidentiality of PersonaI1y Identifiable Information. The Licensor agrees that no personally identifiable information, including but not limited to log-ins recorded in system logs, IP addresses of patrons accessing the system, saved searches, usemames and passwords, will be shared with third parties, except in response to a subpoena, court order, or other legal requirement. If Licensor is compelled by law or court order to disclose personally identifiable information of Authorized Users of patterns of use, Licensor shall provide the Licensee with adequate prior written notice as soon as is practicable, so that Licensee or Authorized Users may seek protective orders or other remedies. Licensor will notify Licensee and Authorized Users as soon as is practicable if the Licensor's systems are breached and the confidentiality of personally identifiable information is compromised. Notice of the Use of Digital Rights Management Technology. In the event that Licensor utilizes or implements any type of digital rights management (DRM) technology to control the access to or usage of the Licensed Materials, Licensor will provide to Licensee a description of the technical specifications of the DRM and how it impacts access to or usage of the Licensed Materials. In no event may such Digital Rights Management Technology be used in such a way as to limit the usage rights of a Licensee or any Authorized User as specified in this Agreement or under applicable law. If the use ofDRM renders the Licensed Materials substantially less useful to the Licensee or its Authorized Users, the Licensee may seek to terminate this Agreement for breach pursuant to the termination provisions of this Agreement in Section XI, below. Use of Digital Watermarking Technology. In the event that Licensor utilizes any type of watermarking technology for any element of the Licensed Materials, Licensor agrees that watermarks will not reduce readability of content and will not degrade image quality. These watermarks shall not contain user› related information, including but not limited to an account number, IP address, and usernames. If digital watermarking technology is implemented, Licensor will notify Licensee at least thirty (30) days 2 http://www.niso.org/workrooms/ kbart 3 http:// """vw .proiectcoun ter.org/ code practice.h tm I in advance of implementation, and Licensor will provide the teclmical specifications for the technology used. If the use of the watermarking technology renders the Licensed Materials substantially less useful to the Licensee or its Authorized Users, the Licensee may seek to terminate this Agreement for breach pursuant to the tennination provisions of this Agreement in Section XI, below. Interoperability with Prevailing Web Browsers. Licensor will use reasonable efforts to ensure that the Licensed Materials are accessible and interoperable with prevailing web browsers and internet access tools, including, at a minimum, the most recent two major versions ( current version and one version prior) and all the associated releases for those versions. Branding. Licensor will provide Licensee the option to brand the Licensor's Platform with the name of the Licensee and/or Authorized Sites at Licensee's discretion. MARC Records. When applicable to the Licensed Materials, at Licensee's request, Licensor shall provide full OCLC-quality batched sets of MARC records incorporating Licensee specifications at no additional cost by the date of the execution of this License Agreement. Updates to existing records and new title records, matching the schedule of release and delivery of new publications, will be provided on a mutually agreed-upon schedule and in a format that renders them useful to the Licensee. ## Open Access Option In the event that Licensor offers an open access option to its authors, Licensor agrees to annually review the number of open access articles published in the Licensed Materials under the open access option. For all Licensed Materials in which such articles are published, Licensor will share with Licensee the following information: - · The number of articles published under the open access option by University of California authors, listed by journal title and campus. - · The number of articles published under the open access option by all authors, listed by journal title. Licensor will enter into good faith discussions with Licensee concerning open access business models. Licensor agrees to phase in an open access business model during the term of the license once agreement on parameters of such a model is reached and infrastructure allows for implementation. ## VIII. LICENSEE PERFORMANCE OBLIGATIONS License Terms Notification. Licensee will use reasonable efforts to provide Authorized Users with appropriate notice of the tenns and conditions under which access to the Licensed Materials is granted under this Agreement. Protection from Unauthorized Use. Licensee will use reasonable efforts to restrict access to the Licensed Materials to Authorized Users. Maintaining Confidentiality of Access Passwords. Where access to the Licensed Materials is to be controlled by use of passwords, Licensee will use reasonable efforts to inform Authorized Users that they should not divulge their numbers and passwords to any third party. Licensee will also use reasonable efforts to maintain the confidentiality of any institutional passwords provided by Licensor. ## IX. TERM This Agreement shall be in effect from the Effective Date through the expiration date as set out in Appendix A unless terminated earlier in accordance with the provisions in Section XI. ## X. RENEWAL This agreement shall be renewable at the end of the current term for a successive one (1) year term unless either party gives written notice of its intention to cancel thirty (30) days before expiration of the current term. In the event of a price increase for a subsequent term as provided for in Section III, Licensee shall have no less than sixty (60) days from the date of notification of the price increase to notify Licensor of Licensee's intent to cancel or renegotiate. ## XI. EARLY TERMINATION Early Termination for Financial Hardship. The Licensee may terminate this Agreement without penalty if sufficient content acquisitions funds are not allocated to enable the Licensee, in the exercise of its reasonable administrative discretion, to continue this Agreement. In the event of such financial circumstances, Licensee will notify Licensor of the intent to terminate the Agreement as soon as is reasonably possible, but in any case, no less than 30 days prior to next payment date, and this transaction shall terminate on the last day of the subscription period for which payment has been made without penalty of expense to the Licensee of any kind whatsoever, except as to the portions of payments herein agreed for which funds shall have been appropriated and budgeted or otherwise available. In the event of such termination the Licensee shall maintain its perpetual right to materials licensed under the subscription periods for which it has fully paid, subject to Section XII. Termination for Breach. If either party believes that the other has materially breached any obligations under this Agreement, such party shall so notify the breaching party in writing. The breaching party shall have sixty (60) days from the receipt of notice to use all reasonable means to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the sixty (60) day period, the non-breaching party shall have the right to terminate the Agreement without further notice. Once this Agreement ends, by early termination or otherwise, the Licensor may terminate access to the Licensed Materials by Licensee and Authorized users, subject to Section XII, below. In addition, authorized copies of Licensed Materials made by Authorized Users may be retained for educational purposes and used subject to the terms of this Agreement. Refunds. In the event of early termination permitted by this Agreement, except for termination for a material breach by the Licensee, Licensee shall be entitled to a refund of any fees or pro-rata portion thereof paid by Licensee for any remaining period of the Agreement from the date of termination. ## XII. PERPETUAL RIGHTS Perpetual License. Notwithstanding anything else in the Agreement, Licensor grants to Licensee a nonexclusive, royalty-free, systemwide perpetual license to use any Licensed Materials that were subscribed to or for which a perpetual license fee has been paid during the term of this Agreement. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The means by which Licensee shall have access to such Licensed Materials shall be in a manner and form substantially equivalent to the means by which access is provided under this Agreement. If the Licensor's means of access is not available, the Licensee may provide substantially equivalent access to the Licensed Materials by use of an archival copy or by engaging the services of third-party trusted archives (such as Portico) and/or participating in collaborative archiving endeavors to exercise its perpetual use rights. Archival Copy. Licensor shall provide to Licensee upon request, or Licensee may create, one (1) copy of the entire set of Licensed Materials to be maintained as an archival copy. The archival copy from the Licensor shall be provided without any DRM in a mutually agreeable medium suitable to the content, and any fees for provision of copies will be on a time and materials basis only. In the event the Licensor discontinues or suspends selling or licensing the Licensed Materials, the Licensee may use such archived Licensed Materials under the same terms as this Agreement. If Licensee has a backup copy of the Licensed Materials as defined in Section IV, the backup copy may be used as an archival copy. Third Party Archiving Services. Licensor and Licensee acknowledge that either party may engage the services of third-party trusted archives and/or participate in collaborative archiving endeavors to exercise Licensee's rights under this section of the Agreement. Licensor agrees to cooperate with such archiving entities and/or initiatives as reasonably necessary to make the Licensed Materials available for archiving purposes. Licensee may perpetually use a third-party trusted system or collaborative archive to access or store the Licensed Materials, so long as Licensee's use is under the same terms as this Agreement. In the event the Licensor discontinues or changes the terms of its participation in a third-party archiving service, the Licensor shall notify the Licensee in advance, and shall in good faith seek to establish alternative arrangements for trusted archiving and perpetual access to the Licensed Materials. ## XIII. WARRANTIES Licensor warrants that it has all necessary legal and equitable rights, permissions, and clearances to license the Licensed Materials to the Licensee for the purposes outlined in this Agreement, and that use of the Licensed Materials by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright or other rights of any third party. Licensor warrants that the physical object or medium which contains the Licensed Materials will be free from defects for a period of ninety (90) days from delivery. Accessibility Requirements. Licensor warrants that the Licensed Materials comply with California and federal disabilities laws and regulations, and confonn to the accessibility requirements of Web Accessibility Initiative, Web Content Accessibility Guidelines (WCAG) 2.0 at level AA. 4 Licensor agrees to promptly respond to and resolve any complaint regarding accessibility of Licensed Materials. ## XIV. LIMITATIONS ON WARRANTIES Notwithstanding anything else in this Agreement, neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, that arises from the use of the Licensed Materials, or the inability to use the Licensed Materials. Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated elsewhere in this Agreement, Licensor disclaims any and all other warranties, conditions, or representations ( express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, perfonnance, merchantability, or fitness for a particular purpose. ## xv. INDEMNrrms The Licensor shall indemnify and bold harmless the Licensee and Authorized Users for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, that arise from any third party claim that alleges copyright infringement or other intellectual property infringement arising from the use of the Licensed Materials by the Licensee or any Authorized User. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. This Section XV shall survive the termination of this Agreement. ## XVI. ASSIGNMENT AND TRANSFER Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, except as otherwise provided in Section VII. Neither party to this Agreement may unreasonably withhold or delay such written consent. 4 http://www.w3.org/WAI/guid-tech.html ## XVII. GoVERNING LAW This Agreement shall be interpreted and construed according to, and governed by, the laws of California, excluding any such laws that might direct the application of the laws of another jurisdiction. ## XVlll. DISPUTE RESOLUTION & VENUE In the event of any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise good faith efforts to resolve the dispute as soon as possible. In the event that the parties cannot, by exercise of their good faith efforts, resolve the dispute, they shall submit the dispute to informal mediation, as further described below in this paragraph. The parties shall continue to perform their respective obligations under this Agreement that are not affected by the dispute. The party invoking mediation shall give to the other party written notice of its decision to seek informal mediation, and the notice must include a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the dispute within five (5) working days after such notice. If those designated representatives cannot resolve the dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within thirty (30) calendar days of the meeting among the parties' executives, either party may pursue a legal action in court. The exclusive jurisdiction and venue for any and all actions arising out of or brought under the Agreement is in a state court of competent jurisdiction, situated in Alameda County, California ( or, if applicable, the federal court located in the Northern District of California). Licensor agrees to submit to the personal jurisdiction of the state courts in the State of California ( or, if applicable, the federal courts in California) with respect to any legal proceedings that may arise in connection with this Agreement or from a dispute as to the interpretation or breach of this Agreement. During such court action, the parties shall continue to perform their respective obligations under this Agreement that are not affected by the dispute. ## XIX. FORCE MAJEURE Neither party shall be liable in damages or have the right to terminate this Agreement 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 Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, labor strikes or other work stoppages, and/or any other cause beyond the reasonable control of the party whose performance is affected. ## XX. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings, and agreements relating to the subject matter hereof, whether oral or written. For the avoidance of doubt, online terms and conditions as defined in Section VII shall not modify the terms of ## XXI. AMENDMENT No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee. ## XXII. SEVERABILITY If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. ## XXIII. W AIYER OF CONTRACTUAL RIGHT Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. ## XXIV. NOTICES All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile or electronic mail, confirmation copies must be sent by mail or by hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party. Any legal notices or other legal documents provided to either party as described in this Agreement shall constitute valid legal service, and Licensor expressly waives any further service of process requirements provided under the Hague Service Convention or similar service of process standards or agreements. If to Licensor: ## XXV. SHARED PRINT ARCHIVE At Licensee's request, Licensor will provide to Licensee a single print archival copy of the titles selected from the Licensed Materials, on a mutually agreed upon schedule, shipped to a single ship-to address of Licensee or third party agent, at no additional cost. This term does not apply if Licensor ceases to produce paper editions of such titles. ## XXVI. EXECUTION The parties agree that sca1U1ed and/or electronically signed versions of this originally executed Agreement are acceptable in lieu of printed signed copies and are to be given full force and effect under law. IN WITNESS WHEREOF, the parties have executed this Agreement by their respective, duly authorized representatives as of the date first above written. ## LICENSOR: ## APPENDIX A: BUSINESS TERMS Terms of Contract: 2019-2021 Licensed Materials: eJoumals and eBooks (See Appendix D for the title list.) Fees: Journals license fee Annual increases Ebooks license fee Total ## Notes on Fees: - · -reduction in the base cost of the 2019 journals - · No fee for the 2019 eBook Collection. Licensee is entitled to all eBooks included in the 2018 & 2019 eBook Collections for no additional cost. - · Licensor will inform the Licensee of the eBooks 2020 status by 9/30/2019 and 2021 status by 9/30/2020. Access Conditions: Unlimited simultaneous user systemwide perpetual access Authentication: IP authentication (See Appendix C for IP addresses) Open Access (OA) Offsetting: Licensor agrees to phase in an open access business model during the term of the license once agreement on parameters of such a model is reached and infrastructure allows for implementation. ## Discounts on Article Processing Charges {APC) and Other Publication Fees: - · Corres. nding authors who are affiliated to the institutions listed under Appendix B are granted alll -discount on the APC for Karger Open Access journals, Author's Choice publication fee for Karger hybrid journals, and any other Karger publication fees. - · Licensor, in its acceptance workflow, shall make authors aware that there may be publication fee discounts available, and provide a mechanism by which corresponding authors can indicate their institutional affiliation to claim the discount. ## List of Article Processing Charges (APCs) 2019-2021 for Karger Open Access Journals (before discount) | Title | eISSN | |----------------------------------------------------|------------| | Biomedicine Hub | 2296-6870 | | Case Reports in Acute Medicine (2018) | 2504-5288 | | Case Reports in Clinical Nutrition | 2571- 662X | | Case Reports in Dermatology | 1662-6567 | | Case Reports in Gastroenterology | 1662-0631 | | Case Reports in Nephrology and Dialysis | 2296-9705 | | Case Reports in Neurology | 1662- 680X | | Case Reports in Oncology | 1662-6575 | | Case Reports in Ophthalmology | 1663-2699 | | Case Reports in Orthopedic Research | 2296-9373 | | Cellular Physiology and Biochemistry | 1421-9778 | | Cerebrovascular Diseases Extra | 1664-5456 | | Current Urology | 1661-7657 | | Dementia and Geriatric Cognitive Disorders Extra | 1664-5464 | | Dermatopathology | 2296-3529 | | Digital Biomarkers | 2504- | | Dubai Medical Journal | 2571- 726X | | GE - Portuguese Journal of Gastroenterolo | 2387-1954 | | International Journal of Diabetes and Metabolism | 2073-5944 | | Journal of Innate Immunity | 1662-8128 | | Kidney and Blood Pressure Research | 1423-0143 | | Medical Cannabis and Cannabinoids | 2504-3889 | | Medical Principles and Practice | 1423-0151 | | Neurosignals | 1424-8638 | | Obesity Facts | 1662-4033 | | Portuguese Journal of Public Health | 2504-3145 | APC (CHF) APC (EURO) APC (USD) * Per printed page ## List of Author's Choice Fees 2019-2021 for Karger Hybrid Journals (before discount) | Title | eISSN | |--------------------------------------------|------------| | Acta Cytologica | 1938-2650 | | Acta Haematologica | 1421-9662 | | American Journal of Nephrology | 1421-9670 | | Annals of Nutrition and Metabolism | 1421-9697 | | Audiology and Neurotology | 1421-9700 | | Blood Purification | 1421-9735 | | Brain, Behavior and Evolution | 1421-9743 | | Breast Care | 1661-3805 | | Cardiology | 1421 -9751 | | Cardiorenal Medicine | 1664-5502 | | Caries Research | 1421-976X | | Cells Tissues Organs | 1422-6421 | | Cerebrovascular Diseases | 1421-9786 | | Chemotherapy | 1421-9794 | | Complementary Medicine Research | 2504-2106 | | Cytogenetic and Genome Research | 1424-859X | | Dementia and Geriatric Cognitive Disorders | 1421-9824 | | Dermatology | 1421-9832 | | Developmental Neuroscience | 1421-9859 | | Digestion | 1421-9867 | | Digestive Diseases | 1421-9875 | | Digestive Surgery | 1421-9883 | | European Addiction Research | 1421-9891 | | European Neurology | 1421-9913 | | European Surgical Research | 1421-9921 | | European Thyroid Journal | 2235-0802 | | Fetal Diagnosis and Therapy | 1421-9964 | | Folia Phoniatrica et Logopaedica | 1421-9972 | | Folia Primatologica | 1421-9980 | | Gastrointestinal Tumors | 2296-3766 | | Gerontology | 1423-0003 | | Gynecologic and Obstetric Investigation | 1423-002X | | Hormone Research in Paediatrics | 1663-2826 | | Human Development | 1423-0054 | | Human Heredity | 1423-0062 | | Inflammatory Intestinal Diseases | 2296-9365 | Author's Choice Fee (CHF except where otherwise noted) | International Archives of Allergy and Inununolo | 1423-0097 | |-----------------------------------------------------|-------------| | Interventional Neurology | 1664-5545 | | Intervirology | 1423-0100 | | Journal of Molecular Microbiology and Biotechnolo | 1660-2412 | | Journal of Vascular Research | 1423-0135 | | Kidney Diseases | 2296-9357 | | Lifestyle Genomics | 2504-3188 | | Liver Cancer | 1664-5553 | | Molecular Neuropsychiatry | 2296-9179 | | Molecular Syndromology | 1661-8777 | | Neonatology | 1661-7819 | | Nephron | 2235-3186 | | Neurodegenerative Diseases | 1660-2862 | | Neuroendocrinology | 1423-0194 | | Neuroepidemiology | 1423-0208 | | Neuroimmunomodulation | 1423-0216 | | Neuropsychobiology | 1423-0224 | | Ocular Oncology and Pathology | 2296-4657 | | Oncology | 1423-0232 | | Oncology Research and Treatment | 2296-5262 | | Ophthalmic Research | 1423-0259 | | Ophthalmologica | 1423-0267 | | ORL | 1423-0275 | | Pathobiology | 1423-0291 | | Pediatric Neurosurgery | 1423-0305 | | Pharmacology | 1423-0313 | | Phonetica | 1423-0321 | | Psychopathology | 1423-033X | | Psychotherapy and Psychosomatics | 1423-0348 | | Public Health Genomics | 1662-8063 | | Pulse | 2235-8668 | | Respiration | 1423-0356 | | Sexual Development | 1661-5433 | | Skin Appendage Disorders | 2296-9160 | | Skin Pharmacology and Physiology | 1660-5535 | | Stereotactic and Functional Neurosurgery | 1423-0372 | | Transfusion Medicine and Hemotherapy | 1660-3818 | | Urologia Intemationalis | 1423-0399 | | Verhaltenstherapie | 1423-0402 | | Visceral Medicine | 2297-475X | ## APPENDIX B: AUTHORIZED SITES University of California, Berkeley (including Lawrence Berkeley Lab) University of California, Davis University of California, Irvine University of California, Los Angeles University of California, Merced University of California, Riverside University of California, San Diego University of California, San Francisco University of California, Santa Barbara University of California, Santa Cruz University of California Office of the President ## APPENDIX C: IP ADDRESSES ## APPENDIX D: TITLE LIST ## eJournals | | Journal title | e-ISSN | Issues per year | |----|-------------------------------------------------------|------------|---------------------| | 1 | Acta Cytologica | 1938-2650 | 6 | | 2 | Acta Haematologica | 1421-9662 | 8 | | 3 | American Journal ofNephrology | 1421-9670 | 12 | | 4 | Annals ofNeurosciences | 0976-3260 | 4 | | 5 | Annals of Nutrition and Metabolism | 1421- 9697 | 8 | | 6 | Audiology and Neurotology | 1421-9700 | 6 | | 7 | Blood Purification - Extended Contents | 1421- 9735 | 8 | | 8 | Brain, Behavior and Evolution | 1421-9743 | 8 | | 9 | Breast Care | 1661- 3805 | 6 | | 10 | Cardiology | 1421-9751 | 12 | | 11 | Cardiorenal Medicine - Extended Contents | 1664-5502 | 6 | | 12 | Caries Research - Extended Contents | 1421-976X | 6 | | 13 | Cells Tissues Organs | 1422-6421 | 8 | | 14 | Cerebrovascular Diseases | 1421- 9786 | 12 | | 15 | Chemotherapy | 1421-9794 | 6 | | 16 | Complementary Medicine Research | 2504-2106 | 6 | | 17 | Cytogenetic and Genome Research | 1424-859X | 12 | | 18 | Dementia and Geriatric Cognitive Disorders | 1421-9824 | 12 | | 19 | Dermatology | 1421-9832 | 6 | | 20 | Developmental Neuroscience | 1421-9859 | 6 | | 21 | Digestion | 1421- 9867 | 8 | | 22 | Digestive Diseases | 1421- 9875 | 6 | | 23 | Digestive Surgery | 1421- 9883 | 6 | | 24 | European Addiction Research | 1421- 9891 | 6 | | 25 | European Neurology | 1421- 9913 | 12 | | 26 | European Surgical Research | 1421- 9921 | 6 | | 27 | European Thyroid Journal | 2235-0802 | 6 | | 28 | Fetal Diagnosis and Therapy- Extended Contents | 1421- 9964 | 12 | | 29 | Folia Phoniatrica et Logopaedica - Extended Contents | 1421- 9972 | 6 | | 30 | Folia Primatologica - Extended Contents | 1421- 9980 | 6 | | 31 | Gastrointestinal Tumors | 2296-3766 | 4 | |------|------------------------------------------------------|-------------|-----| | 32 | Gerontology | 1423-0003 | 6 | | 33 | Gynecologic and Obstetric Investigation | 1423-002X | 6 | | 34 | Hormone Research in Paediatrics | 1663-2826 | 12 | | 35 | Human Development - Extended Contents | 1423-0054 | 8 | | 36 | Human Heredity | 1423-0062 | 6 | | 37 | Inflammatory Intestinal Diseases | 2296-9365 | 4 | | 38 | International Archives of Allergy and Immunology | 1423-0097 | 12 | | 39 | Interventional Neurology - Extended Contents | 1664-5545 | 6 | | 40 | Intervirology | 1423-0100 | 6 | | 41 | Journal of Molecular Microbiology and Biotechnology | 1660--2412 | 6 | | 42 | Journal of Vascular Research | 1423-0135 | 6 | | 43 | Karger Kompass Dermatologie | 2296-536X | 4 | | 44 | Karger Kompass Onkologie | 2296-5386 | 4 | | 45 | Karger Kompass Ophthalmologie | 2297-0045 | 4 | | 46 | Karger Kompass Pneumologie | 2296-0317 | 6 | | 47 | Kidney Diseases | 2296-9357 | 4 | | 48 | Lifestyle Genomics | 2504-3188 | 6 | | 49 | Liver Cancer - Extended Contents | 1664-5553 | 6 | | 50 | Molecular Neuropsychiatry | 2296-9179 | 4 | | 51 | Molecular Syndromology | 1661-8777 | 6 | | 52 | Neonatology | 1661-7819 | 8 | | 53 | Nephron | 2235-3186 | 12 | | 54 | Neurodegenerative Diseases | 1660--2862 | 6 | | 55 | Neuroendocrinology | 1423-0194 | 8 | | 56 | Neuroepidemiology | 1423-0208 | 8 | | 57 | Neuroimmunomodulation | 1423-0216 | 6 | | 58 | Neuropsychobiology- Biennial Volume 2018/2019 | 1423-0224 | 8 | | 59 | Ocular Oncology and Pathology - Extended Contents | 2296-4657 | 6 | | 60 | Oncology | 1423-0232 | 12 | | 61 | Oncology Research and Treatment | 2296-5262 | 10 | | 62 | Ophthalmic Research | 1423-0259 | 8 | | 63 | Ophthalmologica | 1423-0267 | 8 | | 64 | ORL | 1423-0275 | 6 | | 65 | Pathobiology | 1423-0291 | 6 | | 66 | Pediatric Neurosurgery | 1423-0305 | 6 | | 67 | Pharmacology | 1423-0313 | 12 | |------|----------------------------------------------|-------------|------| | 68 | Phonetica - Extended Contents | 1423-0321 | 6 | | 69 | Psychopathology | 1423-033X | 6 | | 70 | Psychotherapy and Psychosomatics | 1423-0348 | 6 | | 71 | Public Health Genomics | 1662- 8063 | 6 | | 72 | Pulse | 2235-8668 | 4 | | 73 | Respiration - Extended Contents | 1423- 0356 | 12 | | 74 | Sexual Development | 1661- 5433 | 6 | | 75 | Skin Appendage Disorders - Extended Contents | 2296-9160 | 6 | | 76 | Skin Phannacology and Physiology | 1660-5535 | 6 | | 77 | Stereotactic and Functional Neurosurgery | 1423-0372 | 6 | | 78 | Transfusion Medicine and Hemotherapy | 1660-3818 | 6 | | 79 | Urologia Internationalis | 1423- 0399 | 8 | | 80 | Verhaltenstherapie | 1423-0402 | 4 | | 81 | Visceral Medicine | 2297-475X | 6 | ## eBooks 2018/2019 Collec!!Q!! (status as of9/21/2018) | e-ISBN | Availability | Title | |--------------------|----------------|----------------------------------------------------------------------------------| | 978-3-318- 06356-1 | available | Imaging Techniques | | 978-3-318- 06350-9 | available | Recent Advances in the Pathogenesis and Treatment of Kidney Diseases | | 978-3-318- 06143-7 | available | Transition of Care | | 978-3-318- 06298-4 | available | Recent Advances in Dialysis Therapy in Japan | | 978-3-318- 06385-1 | available | pH of the Skin: Issues and Challenges | | 978-3-318- 06369-1 | available | Caries Excavation: Evolution of Treating Cavitated Carious Lesions | | 978-3-318- 06352-3 | available | Recent Research in Nutrition and Growth | | 978-3-318- 06302-8 | available | Gastrix | | 978-3-318- 06380-6 | available | Peritoneal Dialysis Manual | | 978-3-318- 06409-4 | Q4 2018 | Parathyroid Disorders | | 978-3-318- 06389-9 | QI 2019 | Hypopharyngeal Cancer | | 978-3-318- 06394-3 | Q4 2018 | Neurological Disorders in Famous Artists - Part 4 | | 978-3-318- 06371-4 | Q3 2018 | Vestibular Disorders | | not yet available | Q4 2018 | Hyponatremia: Disorders of Fluid and Electrolyte Metabolism | | not yet available | Q4 2018 | Human Milk: Composition, Clinical Benefits and Future Opportunities | | not yet available | QI 2019 | Nurturing a Healthy Generation of Children: Research Gapps and Opportunities |

Licensed Materials. The materials (the "Licensed Materials") that are the subject of this Agreement are set forth in Appendix A. Grant of License Licensor hereby grants to Licensee a non-exclusive, non-transferable, worldwide, systemwide perpetual right to access and use the Licensed Materials, and to provide the Licensed Materials to Authorized Users (which are defined in Section IV below) in accordance with the terms of this Agreement. Ownership of lntellectual Property. Nothing in this Agreement shall be interpreted to transfer ownership of any copyright, trademarks or service marks from the Licensor or its suppliers to the Licensee or Authorized Users.

This Agreement shall be in effect from the Effective Date through the expiration date as set out in Appendix A unless terminated earlier in accordance with the provisions in Section XI.

afcbcf4e-f9b8-4d00-bef1-a44ce8045fc7

ISI_amdt_Backfiles_terms_11-11-99_REDACTED

## AMENDMENT THIS AMENDMENT is made October 12, 1999 to the ISI@ Databases License Agreement with an Effective Date of January 1, 1999 and amended thereafter ("Agreement") betwE~en the Institute for Scientific Information ("ISI") ("Licensor") and the Regents of the University of California ("I\_icensee"). The Terms and Conditions of the Agreement are amended as follows: ## Schedule 1 1s hereby amended to read: Licensee licenses the following editions of the Database: During the term of this Agreement, Licensee licenses the following ecjitions of the Database: Science Citation Index Expanded@ with Cited References and available Author Abstracts Social Sciences Citation Index@ with Cited References and available Author Abstracts Arts & Humanities Citation Index@ with Cited References ## SCHEDULE 1 (con't.) ## AUTHORIZED SITES ## PARTICIPATING MEMBER INSTITUTION ## AUTHORIZED ACCESS TO DATABASE EDITIONS | 1. | University of California -Berkeley | 1970 -1999 Science Citation I ndex Expanded 1987 -1999 Social Sciences; Citation Index 1987 -1999 Arts & Humanities Citation Index | |------|-------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------| | 2. | University of California -Davis | 1989-1999 Science Citation Index Expanded 1989 -1999 Social Sciences Citation Index 1989 -1999 Arts & Humanities Citation Index | | 3. | University of California -San Francisco | 1989- 1999 Science Citation Index Expanded 1989 -1999 Social Sciences Citation Index 1989 -1999 Arts & Humanities Citation Index | | 4. | University of California -Irvine | 1987 -1999 Science Citatiorl index Expanded 1987 -1999 Social Sciences Citation Index 1987 -1999 Arts & Humanities Citation Index | | 5. | University of California -San Diego | 1989-1999 Science Citation Index Expanded 1989 -1999 Social Sciences Citation Index 1989 -1999 Arts & Humanitil~s Citation Index | | 6, | University of California -Santa Barbara | 1970 -1999 Science Citation Index Expanded 1970 -1999 Social Sciences Citation Index 1975 -1999 Arts & Humanities Citation Index | | 7 | University of California -Santa Cruz | 1989-1999 Science Citation Index Expanded 1989 -1999 Social Sciences Citation Index 1989 -1999 Arts & Humanities Citation Index | | 8. | University of California -Riverside | 1989-1999 Science Citation lindex Expanded 1989 -1999 Social Sciences Citation Index 1989 -1999 Arts & Humanitie:s Citation Index | | 9. | University of California -Los Angeles | 1989-1999 Science Citation Index Expanded 1989 -1999 Social Sciences 'Citation Index 1989 -1999 Arts & Humanities Citation Index | | 10. | University of California -Office of the President | 1994-1999 Science Citation Index Expanded 1994 -1999 Social Sciences Citation Index 1994 -1999 Arts & Humanities Citation Index | ## SCHEDULE 1 (con't.) ## FEES FEES: Licensee agrees to pay to Licensor the following Fees: ## Database Fees 1970 -1993 Back Year Database Fees -UC Santa Barbara 1987 -1993 Back Year Database Fees -UC Irvine 1987 -1998 Back Year Database Fees -UC Berkeley and 1994 -1998 Back Year Database Fees (one-time charge) 1970 -1993 Back Year Database Fees for Socia! Sciences Citation Index -UC Santa Barbara 1975 -1993 Back Year Database Fees for Arts & Humanities Citation Index -UC Santa Barbara 1989 to 1993 Back Year Database Fees -UC San Francisco 1989 to 1993 Back Year Database Fees -UC Davis -UC Los Angeles -UC Santa Cruz -UC Riverside ..UC San Diego 1970 -1986 Back Year Database Fees -UC Berkeley 1999 Database Fees TOTAL DATABASE FEES DUE Technolo Fees -Fift 50 Simultaneous Users 1999 Technology Fees TOTAL TECHNOLOGY FEES DUE TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TOTAL FEES TEXT DELETED 1 The Licensor has supplied 10 additional simultaneous users TEXT DELETED ) for a total of fifty (50) for the 1999 subscription year. ## SCHEDULE 1 (con't.) ## PAYMENT SCHEDULE Due and payable upon signing of Agreement 1987 -1998 Back Year Database Fees and 1994 -1998 Back Year Database Fees (one-time charge) 1999 Database Fees TOTAL DATABASE FEES DUE Technology Fees -Fifty (50) Simultaneous Users 1999 Technology Fees TOTAL TECHNOLOGY FEES DUE Total Fees Due And Payable On Signing Due and payable on or before December 31, 19983 1970 -1993 Back Year Database Fees (33%) (UC -Santa Barbara) 1987 -1993 Back Year Database Fees (UC -Irvine) Total Fees Due and Payable on or before December 31,1998 Due and payable on or before June 30, 1999 1989 to 1993 Back Year Database Fees -UC San Francisco Total Fees Due and Payable on or before June 30,1999 Due and payable on or before July 1, 19993 1970 -1993 Back Year Database Fees for Science Citation Index -UC Santa Barbara 1970 -1993 Back Year Database Fees for Science Citation Index -UC Santa Barbara previously schedule for payment 07/01/2000 1970 -1993 Back Year Database Fees for Social Sciences Citation Index -UC Santa Barbara 1975 -1993 Back Year Database Fees for Arts & Humanities Citation Index -UC Santa Barbara Total Fees Due and Payable on or before July 1,1999 Due and payable on or before September 30, 1999 1989 -1993 Back Year Database Fees -UC Davis -UC Los Angeles -UC Santa Cruz -UC Riverside -UC San Diego Total Fees Due and Payable on or before September 30, 1999 Due and payable on or before October 30, 1999 1970 -1986 Back Year Database Fees Total Fees Due and Payable on or before October 30,1999 TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TEXT DELETED TOTAL DUE AND PAYABLE TEXT DELETED 2 This is a special rate for the 1999 Technology Fee only. Additional simultaneous users in 1999 will be invoiced at per simultaneous user. The Year 2000 rate for simultaneous users will be TEXT DELETED 0 er simultaneous p based on the total number of simultaneous users contracted for. TEXT DELETED 3 Each campus is responsible for arranging, scheduling and paying invoices for the back years indicated. Unless herein specified, the parties are bound by all terms and conditions of the Agreement. IN WITNESS WHEREOF, Licensor and Licensee have caused this Amendment to be executed. INSTITUTE FOR SCIENTIFIC INFORMATION@ INC, Vice President U ~ov~~~ l\ \ \t:\ t'1 ~ ## REGENTS OF THE UNIVERSITY OF CALIFORNIA BY: Typed o Associate Director, Shared Content Date: November 2. 1999 TEXT DELETED TEXT DELETED

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## WE TY-FO RTH AME DMENT TO L EVIER B RIPTIO GR EM T WHEREA , th partie hereto have pre iou I entered int an agreement dated 9 pril 2014 (the " greement'') as lat amended on 13 ugu t 2014 and wi h to amend the greement a et forth in this amendment (" mendment"). OW, H R FORE, in con ideration of the mutual pr mi e and co enant et forth belm , and for uch other good and aluable n ideration, the receipt and ufficicnc of which are hereby acknowledged, the partie hereto agree to amend the Agre m nt a of the ex uti n date below as t forth b lov and on chedule I. If the ub criber e, erci it option under the Agreement to purcha e acce right to an I evier book produ t , El e ier will refund to the ni er ity of alifomia, an Diego ("U D"') the amount that C D pre iou I paid for uch pr duct , pro ided that the ub criber' purcha e occur within the same calendar year of th D purcha e. If th ub riber· purcha e mxur.. ctftc:1 the alendar y ar of the D pur hasc, th n Is ier -. ill dedu t the amount that pre iou I paid for u h product from th Fees due for the ub criber' pur ha e. xcept a pecificall amended hereb , all of the e i ting term and conditi n of the greement are hereb ratified. apitalized tenn u ed herein that are not othen; i e detin d hall ha e the meanings a cribed to them in the Agre ment. To the e, tent an term or condition of the Agreement confli t \ ith or are in on i tent ith thi mendment, the tenn ofthi m ndment hall prevail. WIT E WHERE F, the partie have execut d th i Amendment b their re pecti e, dul authorized repre entati es a of 25 Augu t 2014. ## H R THEC ( ub criber) IVER ITY OF ALIFORNI o/b/o L LIBRARY ELSEVIERBV itle: ~ r, lobal ale u tomer Marketing, cience & echn I g mendmcnt o 1-5~ l 26997 ## TWE TY-FO RTH AM EL EVIER B RIPTIO chedule I DME TT GREEM NT ub cribed Product /Acee / Fee ## U IVER ITV OF LIFORNI -DI GO / L JOLL | | | No. 1-54 I 2699 | |----------------------------------------------------------------------------------------------|------------------|----------------------| | cienceDirec online - I | ciencedirect.com | D | | evier B.V. | | | | I e ier Reference Work (p rpetual acces ) - ncyclopedia of Biodi rs it ( nd dition) | | | | OT L FEE | | |

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## THIRD AMENDMENT TO AIP MULTISITE LICENSE AGREEMENT This Amendment to the Publisher Multisite License Agreement ('Amendment') is effectively dated as of January 1, 2021 (the 'Effective Date') by and between AIP PUBLISHING LLC ('Publisher') and The California Digital Library ('Licensee'). ## RECITALS WHEREAS , Publisher and Licensee entered into that certain AIP Multisite License Agreement August 15, 2009, and amended on December 29, 2013 and February 17, 2017, and amended by an Amendment of Record on October 26, 2018, wherein Publisher agreed to provide a license to certain online materials (the 'Existing Agreement'). WHEREAS, Publisher and Licensee desire to make certain amendments to the List of Licensed Content and Fees scheduled to be paid for 2021 in the Agreement, as set forth in this Amendment. ## AGREEMENT NOW, THEREFORE , in consideration of the foregoing, of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Publisher and Licensee, intending to be legally bound, covenant and agree as follows: - 1. Incorporation of Recitals . The foregoing Recitals are hereby incorporated in and made a substantive, contractual part of this Amendment by this reference. - 2. Amendment to Existing Agreement Fee Schedule. Effective as of the Effective Date, the Appendix A: List of Licensed Content and the Appendix B: Fees attached to the Existing Agreement shall be amended and Section 16 shall be added. - 3. No Other Changes . All other terms, conditions and provisions of the Existing Agreement remain in full force and effect, except as modified by this Amendment. - 4. Binding Effect. This Amendment shall be binding upon and inure to the benefit of Publisher and Licensee and their respective permitted successors and assigns. - 5. This Amendment will terminate on December 31, 2021. - 6. Counterparts; Electronic Signatures. This Amendment may be executed in two (2) or more counterpart copies, all of which counterparts shall have the same force and effect as if the parties hereto had executed a single copy of this Amendment. Facsimile or PDF signatures shall be construed as originals. Account#- January 1, 2021-December 31, 2021 IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the date and year first above written, with the intent that this shall be deemed an instnunent under seal. Publisher: ## AIP PUBLISHING LLC ## California Digital Library Account # January 1, 2021 - December 31, 2021 ## 16. Transformative Agreements. The Parties will make their best efforts to regularly meet (virtually) and work collaboratively during 2021 with the objective of developing a 'multipayer workflow' process for a future transformative open access agreement between the Parties. The goal for implementing such an agreement will be in 2022. ## California Digital Library Account # January 1, 2021 - December 31, 2021 ## APPENDIX A (LIST OF LICENSED CONTENT) | Access Years | Journals | |----------------|-------------------------------------------------------------------| | 1970-current | AIP Conference Proceedings | | 1933-current | *American Journal of Physics | | 1962-currrent | Applied Physics Letters | | 1980-current | Applied Physics Reviews | | 2007-current | Biomicrofluidics | | 1991-current | Chaos | | 2006-current | Chinese Journal of Chemical Physics | | 1931-current | Journal of Applied Physics | | 1933-current | Journal of Chemical Physics | | 1982-current | Journal of Laser Applications includes LIA Conference Proceedings | | 1960-current | Journal of Mathematical Physics | | 1972-current | Journal of Physical and Chemical Reference Data | | 2009-current | Journal of Renewable and Sustainable Energy | | 1929-current | *Journal of Rheology | | 1929-current | *Journal of the Acoustical Society of America | | 1946-current | Journal of the Physical Society of Japan | | 1997-current | Low Temperature Physics | | 1958-current | Physics of Fluids | | 1958-current | Physics of Plasmas | | 1948-current | Physics Today | | 1930-current | Review of Scientific Instruments | | 1963-current | *The Physics Teacher | | 2006-current | Biointerphases | | 1964-current | Journal of Vacuum Science and Technology A | | 1964-current | Journal of Vacuum Science and Technology B | | 1964-current | Surface Science Spectra | *Backfile content is provided at no cost in 2021 APPENDIX B (FEES) ## APPENDIX D (Campuses of the University of California and Related Sites) | AIPP Account | Campuses of the University of California & Related Sites | |----------------|------------------------------------------------------------| | | University of California - San Diego/La Jolla | | | University of California - Berkley | | | University of California - Los Angeles | | | University of California - Davis | | | University of California - Santa Cruz | | | University of California - Santa Barbara | | | University of California - Riverside | | | University of California - Irvine | | | University of California - Merced | | | Lawrence Berkley National Labs | | | University of California - San Francisco | | | *University of California - Office of the President | *University of California, Office of the President will have access to the licensed content for administrative purposes ## California Digital Library Account # January 1, 2021 - December 31, 2021

| Access Years | Journals | |----------------|-------------------------------------------------------------------| | 1970-current | AIP Conference Proceedings | | 1933-current | *American Journal of Physics | | 1962-currrent | Applied Physics Letters | | 1980-current | Applied Physics Reviews | | 2007-current | Biomicrofluidics | | 1991-current | Chaos | | 2006-current | Chinese Journal of Chemical Physics | | 1931-current | Journal of Applied Physics | | 1933-current | Journal of Chemical Physics | | 1982-current | Journal of Laser Applications includes LIA Conference Proceedings | | 1960-current | Journal of Mathematical Physics | | 1972-current | Journal of Physical and Chemical Reference Data | | 2009-current | Journal of Renewable and Sustainable Energy | | 1929-current | *Journal of Rheology | | 1929-current | *Journal of the Acoustical Society of America | | 1946-current | Journal of the Physical Society of Japan | | 1997-current | Low Temperature Physics | | 1958-current | Physics of Fluids | | 1958-current | Physics of Plasmas | | 1948-current | Physics Today | | 1930-current | Review of Scientific Instruments | | 1963-current | *The Physics Teacher | | 2006-current | Biointerphases | | 1964-current | Journal of Vacuum Science and Technology A | | 1964-current | Journal of Vacuum Science and Technology B | | 1964-current | Surface Science Spectra | *Backfile content is provided at no cost in 2021 APPENDIX B (FEES)

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SPRINGER-VERLAG - LISTING Of JOURNALS IN LINK C1llfornl1 Olgttol Llbrory Sub·criptlon· 2002 ln·tttutlon N-·: CA Olg"al MHter 2002 Abdooilnal Imaging Accted1tation and Quality Assurance Acta Diabetotoglca Ac1a EndOt<:Opia acta ethologk:a Acta Informatica Acta Mathematica S.lllCa Acta Madlematica ~icatae Sintca Ac1a Mechanica Acta Neurochirurgica Ac1a Nouropathologlca Aesthetic ptastic Surgery Al & Society Algebra Colloquium Algorlthmle<1 Allgememes Statistisches Archiv AminoAads Anaesthesist. Der An flyt· .t ~rij 810Hnalyt1 : al Chem1 s1;y Anatomy aoo Embryology Animal Cognition Annales Geophys<cae Amali di Matemabca Pura ed Applicata Annals ol Contemporary Diagnostic Pathology Annals ol Hematology Annals of Regt00al Science. The Annals of Vascular Surgery Appllcable Algebra in Engineering. Communicatioo and A.pplled Magnetic Resonance Applied Mathematics and Optimization Applied Mlcroblology aoo BiotecMology Applied Physics A. Material· Science & Processing Applied Physics B• Lasers arxl Optics Applied Physics A & B Package Apploed $ogt* Proceosing Arcllitel<tur akl\Jell Atd'ive for H1s10ry of Exact Saeoc:es Archive for Mathemabcal Logic Archive for Rational Mechanics and Analysis Archive ol Applied Mechanics (lngeniour Archlv) Archives of Oermatok>glcal Research Archives of Environmental Contamlnatton and Toxkofog Archives ol Gynecology aoo Obstetrics Archives of Mlcrobk>k>gy Archives or Orthopaedic and Trauma Surgery Archives or Toxiook>gy Arch<ves ol Virology Archives of Women·s Mental Health Archivio di Orlopedia · Reumalologia ARI · An tnterdisdpl1nary Journal ol Physical and Engine Arlhroskopte Artif 1C1al Life and Robotics Asian Journal of Surgery "5tronomy and "5tropllysics Astronomy and Astrophysics Review Basic Research In Cardiology Baurechtliche Blatter Behavioral Ecology aoo Sociobiology BHM-Berg und Huettenmannische Monatshefte Biological Cybernetics Biology aoo Fertility ol Soils Mechanobiology Biomechanics aoo Modeling in Bioprocess and 810Systems Engineering [Text deleted] ## 8'ol>rocess Eng~ Brain Tum()( Pathology [Text deleted] Bulletin or the Brazilian Mathemattcal Society Bulletin or Engineering Geology and the Environment Bulletin or Environmental Contamination and Toxkx>log Bulletin of Volcanology Bundesgesundheitsblatt - Gesundheitsforschung - Ges Cak:ified Tissue International CALCOl.0 - A Quar1etty on Numerical Analysis and T Cak:utus of Variations and Partial Oifferentiat Equation Cancer Chemotherapy and Pharma.-gy Caneer Futures Cancet' lmmunok>gy, lmmunotherapy CardK>Vascular and lnterventional Radtok>gy Cell and Tissue Research Central European Journal of Operations Research CHANCE The Chemical lntemgeocer Chemtracts Child' a Nervous System China 011 and Gas Chone$e Journal o1 Medlarwcol Eng~ Science er.,,... Journal o1 Polyme< Chtrurg. Der Clvomosoma ## Ctean Products and Processes Clean Technok>gies and Envirorvneotal Policy Climate Oynamk::s Clinical And Experimental Medicine Clinical and Experimental Nephrology ## Chnocal Oncology Cllnlcal Orar Investigations Clinical Rheumatology Cognition, Technology & WO<k Colloid & PolymOf Scoence Comblnatorica Communications in Mathematical Physics Comparabve Cijnk:al Pathology Com~bve Haematology lntemaaonat Computabonal Mechanics Computabonal Stabslics Compubng Computing and Visualization In Setence Constructive Approximation Continuum Mechank:s and Thermodynamics ContribuUons to Mlneralogy and Petrok>gy C0<al Reefs Current Genetics Curren! Microbiology Oeclsk>ns in Economtcs and Finance Deutsche Medizln Oeutsches und Ewopaeishes FamtlterYec:he Development Genes and Evolution D1abelOlogia ## 01fferent1abon Discrete & Computational Geometry Dislllbuled Computing Dysphagla e & I Elel<trolochnik und lnformationslochnik Economic Bulletin Ec:onomec Systems Eoonomlc Theory Economk:s of Governance Ecosystems lhe E1nst.., Ouarte<ty Eleetncal Eng;neemg (ArdliY !Or Elel<trotechnlk) Electronic Geosciences [Text deleted] Emergency Radiology Empirical Economics Engineering with Computers Environmental Economics and PoUcy Studies Environmental Eng1 neenng and Environmental Geology Environmental Management EPJdirect Ethik In der Medizin European Archtves of Oto-Rhino-laryngok>gy European Archives of Psychiatry and Clinical Neuroscie European Biophysics Journal European Child & Adolescent Psychiatry European Food Research and Technology (Zeltschrtft f European Journal of Applied Physiology European Journal of Clinical Microbiok>gy & Infectious European Journal of Clinical Pharmacok>gy European Journal of Nudear Medicine European Journal of NutriOon European Journal of Orthopaedic Surgery and Traumat European Journal of Pediatrics European Journal of Plastic Surgery European Physical Journal A (EPJ A). The European Physical Journal B (EPJ B), The European Physical Journal C (EPJ C). The European Physical Journal D (EPJ 0), The European Physical Journal E (EPJ E), The European Radiology European Spine Journal E1tpenmental BIOiogy OnUne Experimental Brain Research Experiments in Fluids EKtremophlles Few•Body Systems Finance and Stochastics Food Science and BK>technology Formal Aspects of Computing Forschung im lngenieurwesen Forum der Psychoanalyse Foundations of Computational Math Fresen.us' Journal of Analybcal Chemistry Functional & Integrative Genomics G.0 . Geowissehschaften Online Gastric Cancer GefAsschirurgle Geo-Marine Leners Graef es Archive for Clinical and Experimental Ophthat Granular Maner Graphs and Comblnatoflcs Grunctwasser Gynllkologe, Der Hautarzt. Der Heart and Vessels Heat and Mass Transfer Hematology ond Cell Therapy Helgofand Marine Research HE PAC Hernia. The Journal of Hernias and Abdominal Wall Su Herzschrittmachertheraple & Elektrophysiologle Histochemistry and Cell Biology HNO Holz als Roh-- und Werltstotf Human Genetics Hydrogeology Journal lchthyk>gical Research t lmmunogenetics [Text deleted] lnformabk - FO<SChung und Entwlcktung lnformabk-Spektrum Information Systems and &-Business Management Intensive Care Medicine lntensrvmedtz.1n und Notfaftmedtzin lntematJooal Archives of Occupational and Environme lntemabonal Journal of Mvanced Manufacturing Tech International Journal of Angiology International Journal of Blometeo<otogy lnterna~ Journal ot Chr«.al and l abofak>fy Resear lnternatiooal Joumal of Clinical Oncology International Journal of Cok>rectal Disease International Journal of Earth Sci&nees (Geotogische R International Journal of Game Theory International Journal of Information Security International Journal of Legal Medicine International Journal on Olgital Libraries lntematlonat Journal on Document Anatysls and Reco lntematiooal Journal on Software Tools f0< Technology lntematiooal Mk:roblology lnternatJOOal Orthopaedic• lntematiooal Urogynecotogy Journal and Petvk: FInternist. Der lnventiones mathematleae Invertebrate Neurosaence Irrigation Scfence ## The l"'ban Journal of Neurologocal Jahrbuch fuer Regionalwissenschaft Jounnal fuer Rechtspol1bk-JRP JARO - Jounnal of Ille Association Jounnal of Aneslhesla Journal of Mrrrcial Organs Journal of Biochemislty and Molecular Btology Journal of BIOiogicai Inorganic Chem111ty Journal of Bone and M1nerat Metabolism Journal of Cancer Research and Chrkal Oncology Journal of Classification Journal of C0<nparaHve Physiology A: Sensory, Neural Journal of C0<nparaHve Physiology B• Biochemk:al, Sy Journal of C0<nparaHve Physiology A & B Pacl<age Journal of Cryptology - Journal or Cutaneous Medicine Journal of Economk:s Journal of Ethology - Journal of the European Mathematical Society Journal of Evolutiooary Economies Journal or Gastroenterok)gy Journal of Geodesy Journal of Geographical Systems Journal of Headache and Pain, The Journal of Hepato-Bil1ary~Pancreat1e Surgety Journal of Human Genetics Joumal of lnfeetion and Chemotherapy Journal of Marine Saeoce and Technology Journal of Material Cydes and Waste Management Journal of Malhematieol Biology Journal of Membrane Biology Jounnat of Microbiology and Biolechnotogy Journal of Molecular Evolution Jounnat of Molecular Mediano Journal of Moteeutar Modeling Journal of Neural Transmission Journal of Neurology Journal of Nonlinear Science Journal of Orlhopaedk: Scfence f0< Research in 01of Journal of Orthopaedics and T raumak>k>gy [Text deleted] Journal of Plant Growth Regulation Journal of Plant Research Journal of PoPutation Economics Journal of Solid State Electrochemistry Journal of Wood Science Jurlstische Blatter KardK>togle Asslstenz Kidney K,\_ Surgery, Sp<>rts T rauma'>k>gy , Mtvosoopy Knowledge and Information Systems Langeobeck's Archives ol Surg<!fy Lasers In Medocal Science lenera Matematica Pristem Llmnology Lung M 0 C001pubng Machine Vision and Appltcations Mammalian Genome Manueile Medlzin Manuscripta Mathematica Marine Biology Marine Biotecmology Materials Research IMCWations Mathemabea .., Educabon and Research Mathemabeal Intelligencer Mathematical Methods ol Operations Research Mathematical Programming Mathematische Annalen Mathematische Semesterberichte Mathematische Zeftschrift Mathematics of Control, Signals, and Systems MCSS Medecine et Chlrurgie du Pied Medical and Surgtcal Oermatok>gy Medical Electron Mictoscopy Medical MIC<Oblology and Immunology Medizln Online MedR Medlzirvecht Meteo<ology and AlmOSpheric Phys.cs Melrika Mofecular Genetics and Genomk:s MGG MICtObial Ecology M<ctosoopy and Mlcroanalysls Microsystem Technok>gies Mikrochlmlca Acta Mine Water and the Environement Mineralium Oeposlta Mineralogy and Petrology Modem Rheumatology Molecular MedlcH>e Molecules and Cells MoleculesOnltne Monatshefle filf Chemie I Chemical Monthly Monatshefte fur Mathematik Monatsachnft K1ndemeilkunde Multimedia Systems Mund-, Kiefer- und Gesfchtschirurgie M)'CO<Thlza Mycoscienca Naturwl11enschaften Naun~Schmledeberg's Archives of Pharma<:Ok>gy Nervenarzt. Der Neural Computing & Applications neurogenetk:s Neurologlcal Sciences Neu<o-Orti>pedtc Neuroradiology [Text deleted] Neurosurgical Review New Generation Computing Notfall & Rettungsmedizin Numerische Mathematik Ocean Dynamics Odonlology Oeoologia Oncok>gie Onkologe. DOf Ophlhalmologe, Der Optical Review OR•Spektrum Orthopilde, DOf 0'1hopaedocs and T raumalOlogy Osleoporosls International Osterreichische Wasser-und Abfallwirtsd\aft Paediatrle & Paedologie Pain Digest Papers in Regional Science Paras1k>k>gy Research Pathologe, DOf Pathologica Pattern Analysis & Appllcallons Pediatric and Oevetopmental Pathology Pecialric Cardiology Pediatric Nephrology Pec•alric Radiology Pediatric Surgery International Personal and Ubiquitous Computing ## Pe<sonal Technolc>goes Pfl(lgers Ar<:hv European Journal of Physiology Phlebology Physics and Chemistry or Minerals Plant Cell Reports Plant Systematics and Evolution Planta Potesis & Praxis Polar Biology Polymer Bulletin Population Ecology Portugese Economic Journal Probabill1y Theo<y and Retalec Fields Procare Progress in Osteoporosis Promec Protoplasma Psychological Research Psychophanmacology Psyc:hopra ids Psycholherapeul Psycholheraple Forum Publk International Law Publtcations Mathematiques de l'lnstitut des Hautes Eludes Sdenllfoques Quantum Radiation and Environmental Biophysics Radiologe. Der Rechtsmecizln References en Gynecotoge et Obstetriques Regional Envl10M1ental Change Reproduktionsmedizin Requirements Engineering Researcti in Engineering Oes~n Research"' E>q)«NTlental Me<fiane Research .n Nondestructive Evaluation Review of Econormc Design Rheologlca Acta [Text deleted] Rheumatology International Rock Mechanics and Rock Engineering Schmerz, Der Sciences of Soils Sem~roup FOl'\lm Sexual Plant Reproduction Shock Waves Skeletal Radiology Social Choice and Wetfare Psychiatry and Psychlalric Epidemiology Social Soll Computing •A Fusion of Foundations. Methodolo Software • Concepts & T oo1s Software and Systems Modeling Southeast Allan Bulletin of Mathematics Spanish Eoonomlc Review Spektrum der Augenheilkunde Springer Seminars In lmmunopathology Standort Statistical Methods and Applications Statistical Papers Stochastic Environmental Research and Risk Assessm Stomatotogie Structural and Mulidisdplinary Optimization STUDMED Supportive Care kl Cancer Surgery Today • The Japanese Journal of Surgery Surgical and Radiologic Anatomy Surgical and Radk>toglc Anatomy with French Translat Surgical Endoscopy Surveys on Mathemattcs ror Industry System Famllle TAG Theo<etical and Applied Genetics T ochnique& In Coloproctology Theo<etical and Applied Climatology Theo<etical and Computabonal Fluid Dynamics Theo<ebcal Chemistry Accounts: Theo<y, Computation, Theory of Computing Systems (formerty: Mathematical Transplant International Trauma und Berufskrankheit Trees Structure and Function Unfallchirurg, Der Universal Access In the Information Society Urologe A. De< Urologe 8 , Der Urological Research uwf-Umwelt-Wirtschafts-Forum Vegetation History and Archaeobotany Vietnam Journal of Mathematics Virchcrws Atchiv Virtual Reality Visual Computer. The VLOB Journal, The - The International Journal on Very Wiener klinls<:he Wochenschrift WKW-Wiener kllnische Wochenschrlft Magazin wohnrechHiche blatter-wobl Wood Science and Technology World Journal of Surgery W0<1d Journal or Urology Zeitschrirt ror Gerontok>gie und Geriatrie Zeitschrirt tor Herz-. Thorax- und Gef:illchirurgie Zeitschrirt fOr Hochschulrecht Hochschulmanagement und Hochschulpolitik Zeilschfirt fOr Kardiologle Zeitschfift for l ebensmittel- Untersuchung und -Forsch Zeitschrift for Offentliches Recht Zeitschrift fur Planung-Jouma! of Planning Zeitschrift fOr Rheumatologie Zentralblatt MATH-Online Database- Package I Zentralblatt MATH- Online Database - Package II Zentralblatt MATH- Print Edition - Package Ill Zoomorphology ## Birkhauser aequationes mathematicae Algebra Universalis Annales of Henri Poincare Annals of Combinatorics Aquatic Sciences Archiv def Mathematik Sotanica Helvetica Cellular and Molecular life Sciences CHEMOECOLOGY Circuits, Systems. and Signal Processing Commentarii Mathematici Helvetici ComputallOOal and Apphed Mathematics computational complexity Ecok>gae Geologicae Helvetlae Elemente der Mathematik Geometric and Functional Analysis Helveb<:a Physica Acta Inflammation Research lnsectes Sociau,.; Integral Equations and Operatory Theo<y Journal or Evolullooary Biology Journal of Evolution Equations Journal of Fourier Analysis and Applications Journal of Geometry Journal of Information Storage and Processing Systems Journal of Mathematical Fluid Mechanics (JMFM) Medicinal Chemistry Research The Milan Journal of Mathematics and Physics Nonlinear Differential Equations and Applications NTM International Journal of History and Ethics of N atu Physics in Perspective pure and applied geophysics PAGEOPH Results in Mathematics Solocta Mathematica, New Series Sozlal· und Praeventivmedizin· SPM Transformation Groups Zeitschnft fOr Angewandte Mathematik und Physik ## Urban & Vogel Akupunkturarzt/Aurikulotherapeut, Der Al~rgo Journal CardioVasc Chines;sctie Mediz1n ooloproctology Der Deutsche Oermatologe European Journal of Trauma Im Focus Of1llologe gynaekofgie + geburtshilfe Der Hausarzt hautnah dermatok>g1e Hellberufe Herz - KardiovaskulAre Erkrankungen HNO Nachrich1ef1 Infection• A Journal of INFECTIOUS Oi<ease lnFo Neurologle & Psychiatne tnFo Onkok>gie Journal or Orofaclal Orthopedics Kllnische Nouroradiologle Meda.in ohne Nebenwirti:ungen MedizirVsche Khnik MMW-Muenchener Medizintsche Wochenschrirt Der Neurologe und Psychialer Neuro T ransmltter Operative Orthopldie und Traumalologie 0!1hopaedlo & Rheuma Orthopec hcs and T raumalok>gy Paediatrie haulnah Seminar HausarztPraxis Strahlenlhefapie und Onkologle UR().News TOTA 2002 LINK Fe lOGf Print Tau Rlvenlde PrWc:...-...on. In 200 E-Subscrlptlons to print cancellatio SPRINGER-VERLAG · LISTING Of JOURNALS IN LINK Callfomla DlgKal Library Sub1crfptlon1 2002 ln1tKutlon Name : CA OlgKal MHter 2002 Abdominal Imaging AcaodltabOn and Quality Assurance Acta Oiabetologlca Acta Endoscopla acta ethologica Acta Informatica Acta Mathematica Sinica Acta Mathematica Appficatae Stnica Ac"' Mechan<ca Acta Neurochlrurglca Ac"' Neuropalhologlca Aesthetic Plastic Surgery AJ & Society Algebra CoHoquium AJgo<ithmoca Al1gemeines Statistisches ArctMv AmtnoAcids Anaeslheslst, De< ,., 1y11 I d 81 1ana1rt1 ,. (hPm1· lly Anaiomy and Embryology Animal Cognition Allna"" ~ysocae Annali di Matematica Pura ed Applicata Allnals of Conle<nporary Diagnosbe Pathology Allnals of He<nalOlogy Annals of Regional Science, The Annals of Vascular Surgery Applicable Algebra in Engineering, Communication and Applied Magnetic Resonance Applied Mathematics and Opbmizalion Applied Microbiology and Biotechnology Applied Physics A. Materials Science & Processing Applied Physics B• Lasers and Optics Applied Physics A & B Package ## Applied S>gna1 Proces5"'9 Architektur akluel1 Archive for H1stof'y of Exact Sciences Archive for Mathematical Logk: Arcllive fO< Rational Mechanics and Analysis Arclvve of Applied Mechanics (lngenieur Arc:Nv) Archives of Dermalologlcal Researdl Arctwes of Environmental Contamination and Toxicolog Archives of Gynecok>gy and Obstetrics Archives of Microbiology Archives of Orthopaedk:: and Trauma Surgery Archives of Toxicology Archives of Virology Archives of Women's Mental Health Archivk> di Ortopedia e Reumalofogia ARI • An lntetdlsclplinary Journal of Physical and Engine Arthroskople Artificial ufe and Robotics Asian Journal of Surgery ## Astronomy aoo Aslropllysa Astronomy and Astrophysics Review Bask:: Research in Cardiology BaurechUiche Blatter Behavioral Ecology a nd Sociobiology BHM-Berg uoo Huetteomannlsclle Monalshefte Biological Cybernetics BIOiogy and Fertility of Soils Biomechanics and Modeling In Mochanobiology Biop<ocess and Btosyste<ns Engineering [Text deleted] ## BIQPfocess Eng..-nng [Text deleted] Brain Tumor Pathology Bullebn ol the Brazilian Mathemattcal Society Bulletin of Engine<oring Geology and the Environment Bottetin of Enviromlental Contamination and T oxlcotogy Bulletin of Volcar<>togy Bundesgesundheitsblatt · Gesundheitsforschung · Gesu Calcified Tissue International CAL COLO - A Ouarter1y on Numerical Analysis and Th& Calculus of Variations and Partial Differential EquaUona Cance< Chemotherapy and Pharmaootogy Cance< Futures Cancer lmmunok>gy, lmmunothef'apy CardiOVascutar and lnt.,.,,entionat Radiology Celt and Tissue Research Central European Journal of ()pefalK>nS Research CHANCE ## The Chem1Cal lntethgencet' Chemtracts Child's Nervous System Ct>na Oil and Gas Ctonese Journal of Mechonocal Eng.-.ng Chinese Journal of PotymM Science Ct>rurg, De< Chmmosoma ## C~an Products and Processee Clean Technologies and Envwonmental Poficy Climate Dynamics Cllnlcal And Experimental Medicine Clinlcal and Experimental Neptwology ## Clonocot Oncology Cltntcal Oral Investigations Clonocal Rheomatok>gy Cognition, Teclvlology & Work Colloid & Polymer Science Comblnatorica Communicattons in Mathematical Physics Comparative Clinical Pathology Comparative Haema106ogy lntemattonal Computational Mechanics Computational Statistics Compubng Compubng and VisuoUzation In Science Constructive Approiumation Continuum Mechanics and Thefmodynamics ConltibutK>ns to Mineralogy and Petrology COfal Reers Current Genetics Current MiclObiology OecistOnS in Ecooomics aod Finance Deutsche Medizin Deutscnes und EUnlP""'shes Fam1liervecht Oevek>pment Genes and Evolution Diabetotogla Od1erent1aoon Discrete & Computational Geometry Distnbuted Computing Dysphogla e & I Elel<1rolechnok und lnfonnatJonstechnik Economic Bulletin Ecooonuc $)'$terns Economic Theory Economics of Gove<nance Ecosystems the Einstein Ouarterty Electrical Engineering (Archlv for Elel<trotedlnlk) Electrontc Geosciences Emergency Radiology [Text deleted] Empirical Ecooomlcs Engineering with Computers Environmental Economics and Policy Studies Envtronmental Engmeenng and Environmental Geok>gy Environmental Management EPJdirect Ethik In der Medizin European Archives ol Oto-Rhinc>-Laryngotogy European Archives ol Psychiatry and Clinicol Neurosc European Biophysics Journal European Child & Adolescent Psychiatry European Food Research and Technology (Zo1tschnft European Journal ol Applied Physiology European Journal of Clinical Mk:robiok>gy & Infectious European Journal of Clinical Pharmacology European Journal of Nuclear Medicine European Journal of Nutrition European Journal of Orthopaedic Surgery and Traum European Journal of Pediatrics European Journal of Plastic Surgery European Physical Journal A (EPJ A), Tho European Physical Journal B (EPJ B), Tho European Physical Journal C (EPJ C), Tho European Physical Journal 0 (EPJ 0), Tho European Physical Journal E (EPJ E), Tho European Radiology European Spine Journal Expenmentat BK>togy Oohoe Experimental Brain Research Experiments In Fluids Extremophiles Few-Body Systems Finance and SIOChastics Food Science and Biotechnology Fonnat Aspects ol Computing Forschung Im lngenieurwesen Forum de< Poychoanalyse Foundations ol Computational Math Freseoous· Journal ol Analy11COI Chemostry Functional & Integrative Genomics G.0 Geowissehschaften Online Gastric Cance-r Geftlsschirurgle GLYPH(cmap:df00)~Marine Letters Graefes Archive for Clinical and Expefim&nlal Ophtha Granular Matter Graphs and Combinatorics Grundwasser Gynllkologe, Oe< Hautarzt. Oe< Heart and Ves~s Heat and Mass T ransrer HomalOlogy and Cell Therapy Helgoland Marino Research HEPAC Hernia · The Journal or Hernias and Abdominal Wall Horzschrittmachortheraplo & Eiektrophysiologio Histochemistry and Cell Biology HNO Holz als Roh- und Workstorr Human Genetics Hydrogootogy Journal lchthytoglcal Research lmmunogenetics lnformatik - Forschung und Entwlcklung lnformatik-Spektrum lnformatJon Systems and e-Business Management Intensive Care Medicine lnteosfvmedizin und NotfaHmedlzin International Archives of Occupational and Environment International Journal of ADvanced Manufacturing Technc: International Joomal of Angiology International Joomal of Btometeorotogy lntematK>naf Journal of Ci.n.cat and Laboratory Research International Joomal of Clinical Oncology International Journal of Cok>rectal Disease International Joornal of Earth Sciences (Geologlsche Ru International Journal of Game Theory International Joomal of Information Security International Journal of legal Medicine International Journal on Digital Libraries International Journal on Document Analysis and Reoogn International Journal on Software Tools for Tedvlok>gy l International MictObiology International Onllopaedics International Urogynecotogy Jovrnal and Pelvic Floor Dy Internist. Der lnventiones mathematicae Invertebrate Neuroscience Irrigation Science ## The lta~an Journal of NO\lfOloglcal Jahrbuch fuer Regionatwissenschaft Journal luer Rechtspotitik-JRP JARO - Journal of the Association Joomal of Anesthesia Joomal of Mfldat Organs Joomal of Biochemistry and Molecular Biology Journal of Biological l00<9anlc Chemistry Journal of Bone and Mineral Metabolism Journal of Cancer Research and Clinical Oncobgy Joomal of Clasllifocation Joomal of Comparative Physiology A:. ~. Neural. ' Journal ol Comparative Physiology B: Biochemical, Syst Journal or Comparative Physlok>gy A & B Package Journal of Cryplology Joomal of Cutaneous Medicine Joomal of Economics Joomal of Ethology Journal of the European Mathematical Society Journal of Evolutionary Ec:onomk:s Joomal of Gastroenterology Journal of Geodesy Joomal of Geographical Syste<ns Joornal of Headache and Pain. The Journal of Hepato-Biliary-Pancreatic Surgery Journal of Human Genetics Joornal of Infection and Chemolherapy Joomal of Manne s->ce and T edvlok>gy Journal of Material Cydes and Waste Management Journal of Mathematical Biology Journal of Me<nbrane Biology Joomal of Microbiology and Biotechnology Journal of Molecular Evolution Medicine Joomal of Molecular Journal of Mofecutar Modehng Jou ma I of Neural T ransmlssion Journal or Neurology Journal of Nonlinear Scieoce Joomal of Onhopaedic Scierice f0< Research in Otola1 Journal of Orthopaechcs and Traumatology Joomal of Plant Grow1h Regulation Journal of Plant Research Journal of Population Economk:a Journal of Solid State Electrocllemistry Journal of Wood Science Juristische Blatter Kardiok>gie Assistenz Kidney K,\_ Su<gety, $parts TraumalOlogy. Ar1hroscopy Knowledge and Information Systems Langenbect<'s Arctlves of Surgery Lasers in Medical Science lettera Matematica Pristem Llmnotogy Lung ## MD Compubng Machine Vision and Appltcations Mammalian Genome Manuelle Medlzln Manuscripta Mathematica Manne Biology Manne BK>technok>gy Materials Research lnnovaUons Matnemauca Nl Educabon and Research MathematJcal lnteftigencer Mathematical Methods of Operations Research Mathematical Programming Mathemalische Annalen Mathemallsche Semestert>efichte Mathematische Zeltsclvift MathemabCS of Control. Medeane et Ctirurgte du Signals. and Systems MCSS P.ed ## Medtcal and Surgical Dem10101ogy Medical Electron Microscopy Medical MictObiology and Immunology Medizin Onltne MedR Meditinrechl Meteorology and Atmospheric Physics Metnka Molecular Genetics and Genomlcs MGG MictObial Ecology Mtcrosoopy and MtcroanalyslS M'ocrosystem Technologies Mtkrochimica Acta Mine Water and the Environement Mineralium DePoSita Mineralogy and Petrology Modem RheumalOlogy MoleaJfar \_,,, Molecules and CeUs Mofecules Ontine Monatshefle fOr Chemie / Chemical Monthly t.Aonatshefte fOr Mathematik Monatsschnft ~undo Multimedia Systems Mund-. Kiefer- und Gesichtschirurgle Mycorrtiiza Mycoscience Naturwissenschaften Naunyn-Schmledebefg's Arctlves of Phanmacology NeNeoarzt, Der Neural Computing & Applications neurogeoetics Neurological Sciences N~ Neuroradoology [Text deleted] Neorosurgk:al Review New Generation Compubng Notfall & RettungsmedlZin Numensdle Mathematik Ocean OynamtcS Odoototogy Oecologia Oncologle Onkotoge, Der Ophthalmologe. DM Optical Review OR-Spelctrum Orlhopide, Der OrthopaedoCo ard Trauma!Ology Osteoporosis International Osterreichische Wassetr•und Abfallwlrtschaft Paedialrie & Paedologle Paln Digest Papers In Regional Science Parasitok>gy Research Pathologe, De< Pa~ Pattern Analysis & Applications Pediatric and Developmental Pathology Pediatric Cardiology Pediatric Neptyotogy Pediatric Radiology Pediatric Surgery International Personal and Ubiquitous Computing Penonal T ecl1notogtes PflOge<s ArcNv European Journal ol Physiology Phlebotogy Physics and Chemistry of Minerals Ptant Cell Reports Plant Systematics and EvOlution P1 anta Poiesls & Praxis Polar Biology Polymer Bulletin PoPUlation Eoology PO<lugese Economic Joumal Probability Theory and Related Fields Procare Progress in Osteoporosis Prorned Protaplasma Psychok>gk:al Research P1ychcpllarmaoology Psychoprax.is Psychotl>erapeut Psycholhefapie Forum Public International Law Publications Mathematiques de l'lnstitut des Hautes Eludes Scientifiques Quantum Radiation and Environmental Biophysics Radiologe, De< Rechtsmedizin References en Gynecologe et Obstetriques Regional Environmental Change Repmduktionsmedizin Requirements Engineering Research In Engineering Oestgn Research in Expenmeotal Medione Research In Nondestructive Evaluation Review of Economic Design Rheologlca Acta [Text deleted] Rheumatology International Roel< ~nK:s and Roel< Engl.-ring Schmen. De.- Sciences of Soils Semlgroup Forum Sexual Plant Reproduction Shocic:Waves Skeletal Radiology Social Choice and Welfare Social Psychiatty and Psychiatric Epldemiology Soll Computing - A Fusion of FoundabOnS, Melhodolo ## Software - Concepts & Tools Software and Systems Modeling Southeast Asian Bullelln of Mathematics Spanish Economic Revtew SpektnJm der Augenheitkunde Springer Seminars in lmmunopathc)k)gy Standort Stallsbcal Methods and Applicabons StaUsbCal p\_,. S&ochastic Environmental Research and Risk Assessm SIOmalOlog1e Structural and MuhctiscipUnary Optimization STUDMED Supportive Care in Cancer Surgery Today - The Japanese Journal of Surgery Surgical and Radiologic Anatomy Surgtcal and RadK>togic French Translati Anatomy with Surgical Endoscopy SuNeys on MalhomallCS for lnOuslry System fafmlie TAG Theo<ebcal and Applied Genetics Techniques in Colop<octology Theo<etical and Applied Climatology Theoretical and Computatk>nal Fluld Dynamics Theoretlcal Chemistry Accounts Theory, Computation, 819 Thoo<y ol Computing Sys1em1 (formetty Malhematical ! Transplant International Trauma und Berufakrankheit Trees - Structure and Function Unfallchirurg, Der Universal Access in the lnformauon Soaety Urologe A, 00f Urologe B, Der Urological Research uwr-UmweU-Wirtschafts-Forum Vegelation Hislory and Atcllaeobolany Vietnam Journal ol Mathematics Virchows Archfv Virtual Reahty Visual Computer, The VLOB Journal, The - The lnlemational Journal on VOfY L Wiener klinlsche Wochenschrifl WKW-Wlener kllnlsche Wochenschrlft Magazln wohnrechtliche blatter-wobl Wood Science and Technology World Journal of Surgery WOOd Journal or Urology Ze1tscllnfl !Or GOfonlOlogle und Gerialrie Zeitsehnft fOr Herz-. Thoru.- und Gefllkhirurgle Zeitschrift fUr Hochschulrecht. Hochschulmanagement und Hochschulpol1bk Ze1tscllnfl !Or Kardlologie Zoitschnfl !Or Lebensmlttel- Unlerluchung und -Fondlu Zeitscllrifl !Or Oflenaictoes Recht Zettschrift fur Ptanung..Joumal of PiarV'lling Zeitschrifl for Rheumatologle Zenlralblan MATH-Online OalabaS&- PllCkage I Zenlnllblatt MA TH- Online Oalabase - PllCkage II Zentralblatt MA TH- Print Edition - PllCkage Ill Zoomorptnogy ## Birkhauser aequabOnes mathemattcae Algebra Ur'Kve<salis Annales of Henri Poincar6 Annals ot Combinatorics Aquatic Sciences Al'chiv der Mathematik Botanica Helvetica Cellular and Molecular Life Sciences CHEMOECOLOGY Circuits, Syslema, and Stgnal Processing Commentitril Mathematicl Hefvetid Compula!JOnal ano Applied Malhemalics compulational complexity Eoologae Geotoglcae Hetvetiae Elemente der Mathematik Geometric and Functional Analysis Hetvet>ea Phystea Acla lnnammallOO Research lns.ectes Sodaux lnlegral Equalions and Operalo<y Thoo<y Journal ol Evolulionoty Btology Journal o1 Evolution Equalions Journal ol Founer Analysis and Applicelions Journal ol Geometty Journal of Information Slorage and Processing Systems Journal ol Malhemalical Fluld MecllaniCI (JMFM) Medicinal Chemlstty RHearcll The Milan Journal ol Malhemalics and Physics Noni.near Oifferenti·I Equations and AppUcations NTM International Journal ol H!Slory and Ethics ol Nalur. Physics in P9f'lpecbYe IMO and applied geophysics PAGEOPH Results in Mathematics Selecta Malhematica, New Series Soz.a.\_ und Praevenbvmedlzln SPM Transformation Groups Zeitsctwift for Angewandte Mathematik und Physik ## Urban & Vogel AkupunkturarzVAurlkuk>therapeut, Der Allergo Journal CardioVasc Chinesische Mechzln co!oproctology Der Deutsche Dermatok>ge European Journal of Trauma Im Focus Onkologe gynaekolgie • geburtshllfe Der Hausarzt hautnah dermatok>gle Heilberufe Herz • KardkwaskulJre Erkrankungen HNO Nachricllten Infection• A Journal of INFECTIOUS Disease lnFo Ne<1rotogie & Psychiatne lnFo Onkologie Journal ol Oroladal °'1hopedics Klu ... che Neuronidoologoe Mediz.Ln Ohne Nebenwlrkungen Medizlnlsche Kllrik MMW·~ Medizinlsche Wochensclwift Dor Neurologe und Psychial0< Neuro T ran1mitter ()pe<atrve Orthopidte und T reumalok>gie Orthopaed1e & Rhe<Jms Orthopedies and Traumalology Paediatrie hautnah Seminar HausarztPraxls Strahlenltiefapie und Onkologle URO-News TOTAL ## 2002 LINK Fee 2001 PrInt Total RMnldel'ltnl~ In 2002 E•Subscrlptlons to print cancellations lN~

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By purchasing a license to an eBook, Library obtains certain rights to access and use a copy of the eBook under this Agreement, but Library does not obtain or own any rights in the copyrights or any other intellectual property rights that may be associated with the eBook. Library agrees that it is responsible for all use of eBooks by Library and its Patrons, and that any use of eBooks by Library and its Patrons is governed by and will comply with applicable laws, Including without limit U.S. copyright laws. Library acknoYAedges that it and its Patrons have no right to make copies of any eBook, or any portions thereof, except to the extent permitted by applicable copyright laws. - 3. Deliverv Option. At any time during the Term (see also Section 111.B below}, Library may elect to receive eBooks on DVD or another securable medium (each a "Secured eBook"), which does not support all of the features and functionality associated with eBooks accessible via the Internet and is not eligible for eBook Services (the election is the "Secured eBook Option"). The fees and charges for Secured eBooks include reimbursement for NetUbrary's reasonable costs associated with the DVD or other securable medium, the loading of eBooks onto the DVD or other securable medium, any software that accompanies Secured eBooks, and shipping and handling charges. Library may make the Secured eBook Option election by executing the Secured eBook Option Delivery Election Form attached to this Agreement as Exhibit E and returning the form to NetUbrary under Section 111.1.13 below. Library must return the Secured eBook Option Delivery Election Form and any other required security documents before Netlibrary will deliver to Library one or more DVDs or other securable media containing one copy of each eBook that is Ucensed to Library under this Agreement and is requested by Library to be delivered as a Secured eBook. Netlibrary will deliver Secured eBooks Within eight weeks of the date on which Ne!Library has received Library's executed Secured eBook Option Delivery Election Form and any other required security documents. Notwithstanding anything in this Agreement to the contrary, i f Library elects the Secured eBook Option, Library will not receive eBook Services as further described in Section II and Exhibit A below. ## C. Branch~ - 1. eBooks Access. Netlibrary will only permit access to and use of eBooks purchased by Library by a Branch of Library and the Branch's Patrons if: (i) Library has executed a Library Agreement with Netlibrary, (ii) the 2. Branch is listed in Exhibit G, and (iii) Library has given NetlJbrary written notice that Library is willing to allow the Branch to access eBooks purchased by Library. Until all of these conditions have been satisfied, Netlibrary will have no obligation to permit any Branch of Library to access any eBooks purchased by Library. - Library may ask Netlibrary to add Branch{es) to or remove Branch(es) from Exhibit G by sending ore› mailing written notice to Netlibrary. At a minimum, the notice must include the following information: - a. Name of the Branch(es); - b. VVhether the Library wants Netlibrary to add Branch(es) to or remove Branch(es) from the eBooks purchased by Library; - c. Contact Information for each Branch including Name, Address. Email, and phone: - d. IP Ranges and URLs for each Branch for authentication purposes; - e. A description of any and all relevant relationships between the Library, the Branch, and other Branches of the Library (e.g. Parent/Child, Peer to Peer, or Library); and - f. Other information reasonably required in order for Netlibrary to add Branch(es) to or remove Branch(es) from the eBooks purchased by Library. Library can not submit this notice more often than once per month. Netlibrary will use commercially reasonable efforts to respond to the Library's request. 3. - If a Branch wants to purchase eBook licenses from NetUbrary, then the Branch must execute a separate "Library eBook Agreement· by and between NetlJbrary and the Branch. ## 11. EBOOK SERVICES - A. Applicability. The provisions of this Section II do not apply if Library has elected the Secured eBook Option offered in Section 1.8.3 .. B. Provision of eBook Services. During the Term, Netlibrary will establish, host. and administer Library's NL Website using Netlibrary's existing electronic bookshelf technology and NL Website. Library and Patrons will access Library's eBook collection through Library's NL Website. and Library will receive eBook Services for eBooks for which Library has purchased licenses and paid the applicable CSS Fee. Library and Patrons will access Library's eBook collection and eBook Services via Library's Internet connection. which will be Library's expense and responsibility. ## C. Library and Patron Usage. - 1. Limiting Access Measures. Library will be solely responsible for determining which Patrons will have access to Library's NL Website under this Agreement. Library agrees to implement appropriate measures to limit the use of eBooks through access by Patrons ("Limitina Access Measures"). Limiting Access Measures are to comply with Netlibrary's reasonable application requirements which may change from time to time and may include, but are not limited to. remote patron authentication applications, authentication through protected IP addresses, a patterned identification check and privileged user accounts. Netlibrary will consider other Limiting Access Measures on a case-by-case basis, but may reject the proposed methods if, in Netlibrary's opinion, access will not be sufficiently controlled. Library agrees to implement Limiting Access Measures within a reasonable lime frame. Netlibrary, in its sole discretion, may discontinue Library's access to Library's NL Website if Library fails to implement Limiting Access Measures within a reasonable timeframe. Except for standard fees charged by Library to Patrons, Library will not charge any Patron for use of Library's NL Website. ## 2. Terms of Use. - a. The use of Library's NL Website by Library and Patrons will be governed by the "Terms of Use" currently available at htto://www.netlibrarv.comfTermsOfl.Jse.aspx, as they may be amended from time to time. A copy of the currently available Terms of Use is incorporated in this Agreement as Exhibit F. As between NetLlbrary and Library, the terms of this Agreement will prevail over any inconsistent provision of the Terms of Use, and no change in the Terms of Use will be applied to materially adversely affect Library's rights under this Agreement. b. If a Library or a Patron violates the Terms of Use, Netlibrary reserves the right, in its sole discretion, to suspend Library's or the Patron's access to and use of Library's NL Website. At its sole option, Netlibrary may notify Library of any violation by a Patron of the Terms of Use, and in the event, also at Its sole option, Netlibrary may grant Library three business days to attempt to correct the violation by a Patron and Netlibrary will not suspend the Patron's access to and use of Library's NL Website if the violation is corrected within the three business day period. Library acknowledges and agrees that, in the case of repeated or persistent violations, Netlibrary may not provide the aforementioned notice and correction period to Library. Repeated or persistent violations of the Terms of Use by Library or Patrons may be cause for termination of this Agreement by NetLlbrary. - 3. Tools. Library will not use, implement or authorize use of any computerized or automated tool or application to search, index. test or otherwise obtain information from Library's NL Website, including without limit any "spidering· or web crawler application (collectively, "IQQ!i"), without obtaining the prior written approval of Netlibrary. Netlibrary will not unreasonably withhold this approval, provided that the proposed use of Tools does not (i) present a risk of interfering with use of NL Webslte by Patrons or other Netlibrary end-users; (ii) degrade or impair the performance of NL Website; (iii) cause Netlibrary to violate Its agreements with its other end-users, its publishers or other third parties: or Qv) constitute a violation of applicable law, including without limit U.S. copyright law. Library acknowledges and agrees that Netlibrary may from time to time implement controls on Library's NL Website to regulate or restrict the use of Tools. ## Ill.GENERAL PROVISIONS - A. Applicability. The provisions of this Section Ill apply whether Library is receiving eBook Services or has made the Secured eBook Option election. ## B. Termination. - 1. Termination Wthout Cause. Either party may terminate this Agreement without cause effective upon the conclusion of the then current Initial Term or Renewal Term, as applicable, by providing the other party with at least 60 days prior written notice of its intent to do so. - 2. Termination for Cause. Either party may terminate this Agreement for cause at any time by providing the other party with prior written notice of the occurrence of any of the following events: - a. a party fails to timely pay any amounts due and payable. provided that the nonpayment is not cured within 1 O days of the notice; or - b. a party violates any material provision of this Agreement, including without limit a material failure to provide required services, a breach by Library or Patrons of copyrights laws, failure to comply with any security documents or a breach of the confidentiality provisions of this Agreement, or otherwise has committed breaches of this Agreement that, in the aggregate, are material, provided that the breach(es) cannot be, or is(are) not, cured within 60 days of the notice. - 3. Termination of eBook License Purchases. If this Agreement is terminated as described in Article 111.B.1., with respect to any eBook for which Library is receiving eBook Services and subject to the limitations set forth on Exhibit A, Netlibrary will continue to provide the eBook Services to Library unless and until Library elects to remove the eBook from Library's NL Website or to cease paying the CSS Fee associated with the eBook, even though this Agreement is terminated as to Mure purchases of other eBook licenses. Notwithstanding any other provision of this Agreement, if NetLibrary terminates this Agreement for cause under Article 111.B.2., then NetUbrary's obligation to provide eBooks and eBook Services will expire. - 4. Termination of eBook Services. Effective upon any anniversary of the Effective Date, Library may terminate this Agreement as it relates to eBook Services upon at least 60 days prior written notice of its intent to do so. In this event, Library may invoke the Secured eBook Option with respect to any eBook(s) licensed to Library under this Agreement by executing the Secured eBook Option Delivery Election Form attached to this Agreement as Exhibit E. (see also Section l.B.3 above). - a. If Library has paid Annual CSS Fees and desires to terminate eBook Services as described above, then no further tees related to the access of eBooks are due. - b. If Library has paid Prepaid CSS Fees and desires to terminate eBook Services as described above effective on the first, second, third or fourth anniversary of the Effective Date, then Llbrary will be automatically converted to Annual CSS Fees and a settlement amount (the ·senlementi will be paid. The Settlement will be calculated as follows. The sum of Annual CSS Fees for all eBooks for the period of time for which eBook Services were provided to Library will be calculated and deducted from the amount of Prepaid CSS Fees for all eBooks that was paid to Netlibrary for the eBook Services that are being terminated. The Settlement will be paid within 30 days of the date of NetLibrary's invoice. - c. If Library has paid Prepaid CSS Fees, or has been automatically converted to Prepaid CSS Fees under Paragraph 1 of Exhibit B below, and desires to terminate eBook Services as described above effective on the fifth or a later anniversary of the Effective Date, then no further fees related to the access of eBooks are due to Netlibrary. - d. Library will reimburse Netlibrary for its reasonable costs associated INith the medium on which Secured eBooks are loaded, the loading of Secured eBooks onto the medium, any software that accompanies Secured eBooks and shipping and handling charges, based upon the total number of Secured eBooks requested by Library. - 5. Survival. All terms ofthis Agreement that are intended to survive termination for any reason of this Agreement will so survive, including without limit Section I, Paragraph 8.2, Section II, Paragraph C and Section Ill, Paragraphs B.3, B.4, C, D, E, F, G, H, 1.5 and 1.13. - C. limited Warrantv. NetLibrary warrants that, as to any eBooks licensed to Library under this Agreement. Netlibrary has the necessary authority to license the eBooks to library and, if applicable, to provide eBook Services to Library. If applicable, Netlibrary warrants that it will use its commercially reasonable efforts to provide eBook Services as described in this Agreement. - D. Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 111.C ABOVE, LIBRARY'S NL WEBSITE, EBOOK SERVICES. AND EBOOKS LICENSED UNDER THIS AGREEMENT ARE PROVIDED 'AS IS" WITHOUT ANY WARRANTY OF ANY KIND AND NL AND ITS CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMIT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NL NOR ITS CONTENT PROVIDERS WARRANTS. GUARANTEES OR MAKES ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF LIBRARY'S NL WEBSITE OR EBOOKS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NL OR ITS EMPLOYEES WILL CREATE A REPRESENTATION OR WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF NL'S OBLIGATIONS, AND LIBRARY MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. - E. Indemnity. [Deleted by Agreement of the Parties.] - F. Limitation on Liability. Neither party will claim special, incidental, indirect, or consequential damages; including without limit lost profits, for breach of this Agreement. This limitation will also apply to any claims brought against Netlibrary's content providers. Remedies are limited to claims for amounts due, for injunctive relief only as provided, or for direct damages. A party's aggregate liability for any and all claims, losses, liabilities, and demands arising, whether for breach of contract, in tort or otherwise, are limited to the total amount Form Library Agreement (Dom) 08.20.03 3 of 9 Galifomla Digital Libraty MulU-Branch Organization Agreement - of eBook License Fees, CSS Fees and Reinstatement Fees (collectively, "Feesj paid by library to NetLibrary, during the 12 month period immediately preceding the date on which the claim first arose. Notwithstanding any other provision of this Agreement, the nonbreaching party may seek injunctive relief in any court of competent jurisdiction to enjoin or restrain the breaching party from continuing to do any act or commit any violation or threatened violation of this Agreement, and the prevailing party, if any, on a claim for injunctive relief is entitled to recover its reasonable attomey fees incurred in connection with that proceeding. Injunctive relief will be without prejudice to the nonbreaching party's right to also seek money damages for breach of this Agreement. - G.Confidential Information. To the extent allowed by applicable law. Library agrees that it will not use or disclose inf011T1ation relating to (i) the terms of this Agreement. (ii) the content of reports delivered under this Agreement, (iii) pricing terms and other business arrangements governed by this Agreement and (iv) any other documents provided by Netlibrary that have a confidential, proprietary or other similar designation or should reasonably be believed to be the confidential or proprietary information of Netlibrary or its content providers. Notwithstanding the foregoing, Library may disclose the aggregated content of reports delivered under Ex.A.2.c to other library professionals. - H. Payment Terms. All fees and charges are due and payable 30 days from the date of the related invoice. Netllbrary may deny Library and Patrons access to Library's NL Website until the unpaid invoice is paid in full. ## I. Other Provisions. - 1. Entire Agreement. All exhibits referred to in this Agreement are incorporated in this Agreement by reference. Any exhibit amended under Section 111.1.2 below will also be incorporated in this Agreement by reference. This Agreement sets forth the entire agreement between the parties with respect to the subject matter of the Agreement, merges all discussions between them and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between Netlibrary and Library to the extent that any such agreement relates to the subject matter of the Agreement. This Agreement governs all orders for eBooks and eBook Services placed by Library during the Term. - 2. Modification or Amendment. Notwithstanding any other provision in this Agreement, Netlibrary will have the right to modify and amend Exhibits B and C and the business terms referenced in these Exhibits provided that NetLibrary provides Library with at least 30 days prior written notice; In the event the modified or amended Exhibit B and/or Exhibit C will not be effective before the end of the 30 day notice period. Any other modification or amendment of this Agreement must be in writing and signed by a duly authorized representative of each party. For clarification, no term contained in a purchase order or other similar document submitted to Netlibrary by Library will become binding on the parties unless and until the term is mutually agreed upon in a written modification or amendment to this Agreement as described above. - 3. Assignment. Neither party may sell, assign, transfer or convey this Agreement or any rights and obligations without the prior written consent of the other party, which will not be unreasonably withheld. Notwithstanding the foregoing, Netlibrary reserves the right to assign or transfer this Agreement to an affiliated company or to a third party that acquires substantially all of its assets upon written notice to the Library. - 4. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. - 5. Governing Law. Jurisdiction and Venue. This Agreement will be governed by the laws of the State of California. U.S.A. without regard to any conflict of laws provisions contained in this Agreement. Netlibrary and Library agree that any action arising from or out of the negotiations, execution, interpretation or enforcement of this Agreement may be brought in the state or federal courts located in the State of California, U.S.A. Library hereby consents to jurisdiction and venue in the state and federal courts in California, U.S.A. - 6. lnteroretation. The use of headings in this Agreement is solely for the mutual convenience of the parties and will not affect the construction. - 7. Severability. If any provision of this Agreement proves to be illegal. Invalid or unenforceable, the remainder of this Agreement will not be affected thereby. and in lieu of any provision of this Agreement that is illegal, invalid or unenforceable, there will be added as a part of this Agreement a provision as similar in terms to the illegal, invalid or unenforceable provision as may be possible to be legal, valid and enforceable. - 8. Further Assurances. Library and Netlibrary agree to take the further actions and to execute the further documents as may be necessary or appropriate to effectuate this Agreement and the transactions contemplated in this Agreement. - 9. Force Majeure. Library acknowledges that the Internet is an unsecure, unstable, unregulated. unorganized and unreliable environment, and that the ability of NetLibrary to deliver eBook Services may depend upon the Internet and equipment. software, systems, data and services provided by various telecommunications carriers, equipment manufacturers, firewall providers, encryption system developers and other vendors and third parties. Neither party will be liable for, or have the right to terminate this Agreement as a result of, any delays or failures to perform any of its obligations under the Agreement to the extent that the delays or failures are due to circumstances beyond its reasonable control, including without limit acts of God; strikes; riots; acts of war; power failures; and functions or malfunctions of the Internet. telecommunications services, firewalls. encryption systems, and security devices; or governmental regulations imposed after the Effective Date. - 10. Waiver. The waiver by either party of any right granted under this Agreement will not be deemed a waiver of any other right granted under this Agreement. or a precedent for any subsequent waiver. - 11. No Partnership. As to one another the parties are considered independent contractors. It is not the intention of the parties to create. nor will this Agreement be construed as creating. a partnership, joint venture. agency relationship, or other association; or render the parties liable as partners, co-venturers, agents. or principals. - 12. No Third Party Beneficiaries. This Agreement is not intended to confer any benefit on any person or entity not a party to this Agreement. - 13. ~· Arly notice, demand, request, consent, approval or other communication (collectively, "Notices; required or permitted to be given under this Agreement will be in writing and sent by hand delivery, special courier capable of confirming receipt, United States Mail (certified mail, return receipt requested), or facsimile or e-mail to a non-individual-specific e-mail address if receipt is confirmed. The parties acknowledge and agree that a Notice might not be deemed effective if receipt is not confirmed. Notices will be deemed given under the following rules: if hand delivered. at the time of delivery; if sent by special courier. on the third day after delivery to the courier; if mailed, on the seventh day after deposit in the United States Mall; and if sent by facsimile or e-mail to a non-individual› specific e-mail address. on the date transmitted if the sender receives confirmation that the transmission was received during the notified party's normal business hours. otherwise on the notified party's next normal business day. Notices will be sent to the following addresses: | | If to NL: | If to Library: | |----------|-----------------------------------------------------------------------|-------------------------------------------------------------------------------| | | Netlibrary. a division of OCLC Online Computer Library Center, Inc. | California Digital Library | | Address: | 4888 Pearl East Circle. Suite 103 | University of California Office of the President 415 20th Street, 4th Floor | | Address: | Boulder, Colorado | Oakland. CA 94612-2901 | Fonn Library Agmemeot (Dom) 08.20.03 ~of 9 Cai~omia Digital Library Multi-Branch Of9an zation Agreement 3.11.0Sdoc | | 80301 | |------------------|----------------------| | Attention: | Sales Management | | Telephone: | (303) 415-2548 | | Facsimile: | (303) 381..a600 | | e-mail address: | [email protected] | - 14. Facsimile Cooies. A copy of the signed original of this Agreement transmitted by facsimile machine will be binding on both parties and have the same force and effect as the signed original. - 15. Funding Contingency. The Library reasonably believes that funds can be obtained sufficient to pay all monies due during the term of this Agreement and hereby covenants that it will do all things lawfully within it power to obtain, maintain, and properly request and pursue funds from which payments for this transaction may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative review and appeals in the event such portion of the budget is not approved. It is the Library's intent to make payments for the full term of this transaction. The Library represents that the use of the materials under this transaction are essential to its proper, efficient and economic operation. In the event no funds or insufficient funds are appropriated and budgeted and are not otherwise legally available by an means whatsoever in any fiscal period for payments due under this transaction, the Library will immediately notify licensor of such occurrence and this transaction shall terminate on the last day of the subscription period for which payment has been made without penatty of expense to the Library of any kind whatsoever, except as to the portions of payments herein agreed for which funds shall have been appropriated and budgeted or otherwise available. In the event of such termination the Library shall maintain its perpetual right to materials licensed under the subscription periods for which it has fully paid. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, to be effective as of the Effective Date. as set forth below. ## ExHIBIT A TO LIBRARY EBOOK AGREEMENT eBook Services ## 1. Support for NL Website and Library's NL Website. - a. Existing Platform. At the time this Agreement is executed, the NL Website and Lib~ary's NL Website are supported by Netlibrary's existing electronic bookshelf technology, which includes a third party operating system, third party database management software, and proprietary NetLibrary software (collectively, the "Existing Platformj. NetLibrary will not charge any fees to continue to support the operation of the Existing Platform, except as may be provided in this Agreement. - b. Platform Commitment Date. The "Platform Commitment Date· means a date determined for each purchase of eBook licenses. Initially, the Platform Commitment Date will be five years from the date of each applicable purchase of eBook licenses. However, Netlibrary may publish or announce a specific date as the Platform Commitment Date or a change in the practice of determining the Platform Commitment Date, provided that the publication or announcement will only be applicable to purchases of eBook licenses made after the date of the publication or announcement. Thereafter, at NetLibrary's discretion, the Platform Commitment Date for any purchase of eBook licenses may be as stated in the related documentation. - c. Migration. If the Existing Platform becomes technologically obsolete and/or third party vendors cease to support third party components of the Existing Platform before the Platform Commitment Date: then, except as may be provided In this Agreement, NetLibrary will not charge Library any additional fees to support the Existing Platform until the Platform Commitment Date or to migrate Library's eBook content to a replacement platform before the Platform Commitment Date. If the Existing Platform becomes technologically obsolete and/or third party vendors cease to support third party components of the Existing Platform after the Platform Commitment Date, then NetLibrary may charge fees to support a replacement platform or to migrate Library's eBooks to a replacement platform. ## 2. Soecific eBook Services. - a. Accessing eBooks. Subject to the terms of this Agreement, Netlibrary will allow Library to access the eBooks that are available to Netlibrary under Netlibrary's agreements with publishers and other content providers in formats suitable for Netlibrary's electronic publication process and that are licensed to Library. - i. Hosting of eBooks. Absent other mutually agreeable arrangements, and except as provided below. Netlibrary will host each eBook licensed by Library on Library's NL Website for as long as Library elects to receive and pay for the corresponding eBook Services and Ne!Library continues to provide this Service. - ii. Removing eBooks. If Library chooses the Annual CSS Fee payment option, Library may elect to have any eBook removed from Library's NL Website, thereby suspending Library's obligation to pay the Annual CSS Fee for the eBook, by providing NetLibrary with written notice of the election within 60 days of the anniversary of the licensure of the eBook (or. if applicable, the reinstatement date for the eBook). CSS Fees for removed eBooks will cease on the anniversary date or the removal date, whichever date occurs first. - iii. Reinstatjng eBooks. Effective as of the first day of any month, Library may elect to reinstate any removed eBook by providing NetUbrary with at least 30 days prior written notice of the election and by paying the applicable Reinstatement Fee as further described in Exhibit B. CSS Fees for reinstated eBooks are due and payable on the reinstatement date. - b. Patron AcceSS. Library will implement and maintain Limiting Access Measures, based on Netlibrary's standard systems, which will control Patrons' access to Library's NL Website. - c. ~-CSS Fees entitle Library to the standard reports offered by Netlibrary. These reports may be modified by Netlibrary from time to time and may include without limit: owned eBooks, popular eBooks. eBooks not owned, all eBooks, new eBooks, activity by subject area and activity by title. Nonstandard reports may be developed for a fee on a case-by-case basis. ## ExHIBIT B TO LIBRARY EBooK AGREEMENT NL Website and CSS Fees - 1. CSS Fee Payment Options. Unless Library elects to purchase eBooks via the Secured eBook Option. Library will choose one of the two CSS Fee payment options described below on each purchase order. If Library does not make an election on a purchase order, then Library will be deemed to have selected the Annual CSS Fee for the corresponding order. In addition, if Library selects or is deemed to have selected an Annual CSS Fee for an order of eBooks, Library may, at any time during the Term, elect to convert to the Prepaid css Fee for the order of eBooks. This election will be made by written notice to Netllbrary and payment of the Prepaid CSS Fee in an amount equal to 55% of the sum of each eBook List Price for all eBooks in the order at the time of initial licensing, less a credit equal to 80% of the sum of all Annual CSS Fees paid for the eBooks. If Library pays five Annual CSS Fees to NetLibrary for any eBook(s), then no further CSS Fees will be due to Netlibrary for such eBook{s) and Library will be automatically converted to Prepaid CSS Fee{s) for the eBooks, which will be deemed to have been paid in full. ## a. Annual css Fee. - i. The Annual CSS Fee for an order will equal 15% of the sum of the eBook List Prices for all the eBooks in the order at the time of initial licensing. - ii. Upon payment of an Annual CSS Fee, Netlibrary will host and provide eBook Services for the effected eBooks for 1 year from the purchase date. - iii. The first payment of the Annual CSS Fee for an order will be due and payable at the lime the Library purchases the eBook licenses, and will be induded on the invoice for the corresponding eBook License Fees. iv.Annual CSS Fees for the second and subsequent years for all orders will be calculated and invoiced in the month in which the anniversary of the order date occurs, or at Netlibrary's election, on an annualized basis on a single date each year for Library's entire eBook collection. - v. The Annual CSS Fee in the second and subsequent years will be reduced by the portion of the first year Annual CSS Fee attributable to any eBook removed from, and not reinstated to, Library's eBook collection as further described in this Exhibit. CON FIDENTIAL LIB07 vi. For the Annual CSS Fee option only, the Reinstatement Fee for an eBook will equal 15% of the eBook List Price. - vii. If Netlibrary elects not to continue to support the Existing Platform at any time due to technological obsolescence or cessation of third party vendor support, Netlibrary may charge Library (if Library selected the Annual CSS Fee option) additional fees for migrating the eBooks for which Library is paying the Annual CSS Fee to a replacement platform. subject to any applicable limitations as set out on Exhibit A ## b. Prepaid CSS Fee. - i. Library may prepay CSS Fees for an order by making a one› time-only nonrefundable payment equivalent to 55% of the sum of the eBook List Prices for all eBooks in the order at the time of initial licensing. - ii. Upon payment of the Prepaid CSS Fee, Netlibrary will host and provide eBook Services for the effected eBooks for the greater of: (a} five years from the purchase date or (b} for as long as NetLibrary continues to support the Existing Platform. iii. If Library selects the Prepaid CSS Fee payment option and NetLlbrary ceases to support the Existing Platform due to technological obsolescence or cessation of third party vendor support at any time before the Platform Commitment Date, Netlibrary will not charge Library any additional fees to migrate Library's licensed eBooks for which Library has paid the Prepaid CSS Fee to a replacement platform. - 2. Delivery of eBook Services. Payment of the CSS Fee allows Library to access the eBooks licensed to it on Library's NL Website and receive eBook Services for such eBooks for so long as: - a. Library continues to pay, or has prepaid, as the case may be, such CSS Fee. - b. NetLibrary continues to support the Existing Platform as provided in Exhibit A and - c. Library has not removed the eBook from Library's NL Website. ## ExHIBIT C TO UBRARY EBOOK AGREEMENT ## eBook License Fees and Discounts - 1. Purchases Made Through a Partner of Netlibrarv. The Discounts will be determined by a consortium, distributor or other partner of NetUbrary if library purchases through the consortium, distributor or other partner of NetLibrary. - 2. Purchases Made Through Netlibrarv. At the time this Agreement is executed, Netlibrary's Discount structure applicable to each order of eBook License Fees placed directly with Netlibrary is calculated as follows: - b. The Discount is a guideline and will vary by title. - c. The Discount as applied to each specific purchase of eBook licenses is based on the aggregate amount of Library's purchases of eBook licenses during the preceding rolling 12 month period. EXHIBIT D TO LIBRARY EBOOK AGREEMENT Guidelines for the Use and Transfer of OCLC-Derlved Records Revision of November 16, 1987 I. GUIDELINES ## (See Definitions in Part II below) - 1. Each member and nonmember library may use records without restriction, and may transfer records of its own holdings without restriction to other libraries. - 2. In addition to transfers to libraries, each member and nonmember library may transfer records of its own holdings without restriction, to (a) member networks, (b) state and multi-state library agencies and (c) an other noncommercial firms. - a. Member networks may produce and transfer to any member library, copies on magnetic tape of records used or inserted into the OCLC database by the library. Each member network also may process records of the holdings of any member or nonmember library which has employed and agreed to pay it for that service, provided the member network has first signed either an individual agreement with the library, or a general agreement with OCLC, containing measures agreed upon by OCLC and the member network for protection of the records it has been employed to process. Ally other use and transfer of records by member networks will be as provided in separate understandings with OCLC. - b. The use and transfer of records by library systems or projects operated by or under the aegis of one or more state or national library agencies will be as provided in separate understandings with OCLC. Such understandings may include (i} arrangements to incorporate state or national bibliographic databases into the OCLC system, (ii) paid-up licenses to use records in state or national programs (e.g., by means of payments for OCLC multi-institution tapes) and/or (iii) any other understandings that will facilitate state or national programs as well as the maintenance and enhancement of the OCLC database. - c. The use and transfer of records by any other organiZations to which transfers are made under this Guideline 2 will be as provided in separate understandings with OCLC. - 3. In addition, each member and nonmember library may transfer records of its own holdings to commercial firms which the library has employed and agreed to pay to process such records, provided that each commercial firm has first signed an individual agreement with the library, or OCLC has advised the library that the commercial firm has signed a general agreement with OCLC, in either case containing measures agreed upon by OCLC and the commercial firm for protection of the records it has been employed to process. In addition, each member and nonmember library may make any other transfers of records to commercial firms, subject to priOf written agreements with OCLC. However, there is no requirement for prior written agreements (a) for transfers made under Guideline 1 above to libraries operated by commercial firms or (b} for transfers to commercial firms by former OCLC member libraries of records of their holdings, so long as the libraries maintain no continuing user status with OCLC. - 4. 'Nhen a nonmember organization makes bibliographic information available to OCLC which is subject to usage or transfer restrictions imposed by such nonmember organiZation, and OCLC nevertheless elects to accept the information for addition to the OCLC database. OCLC will notify libraries to which it makes the information available, and rights to use and transfer records based on such information will be subject to the same restrictions. - 5. When transfers under Guideline 1 above are made to machine› readable union catalogs accessible by nonmember libraries, it is requested that machine-readable copies of the records of such union catalogs be submitted to OCLC. OCLC, at its own expense, will have the right to add such records to its database for all uses consistent with its chartered purposes. - 6. The Guidelines above apply to all uses and transfers of records except where a mutually acceptable agreement establishing broader or narrower rights is made with OCLC relating to a specific product or service. ## 11. DEFINITIONS - 1. The term "member library" means a general member of OCLC as defined in its Code of Regulations. - 2. The term "nonmember library" means any library other than a member library. - 3. A "member network" is an OCLC-affiliated regional, state or multi› state library network organization which is in contract with OCLC to provide OCLC services and products, or to assist OCLC to provide such services and products, to general members of OCLC. - 4. A ·commercial firm" is any organization permitted, under applicable law, to operate on a for-profit basis. - 5. The term "records" means bibliographic records and holdings data (including copies thereof) derived from the OCLC database, inciuding derivative worl(s made from such records, and either received in maehine-readable form or converted by the transferee into machine› readable form. The term also inciudes such records when held only in eye-readable form, in the case of proposed transfers to commercial firms. However, records do not include, as to any member or nonmember library (a) bibliographic records designated in the OCLC database as original cataloging by such member or nonmember library and (b) bibliographic records derived by such member or nonmember library from sources other than the OCLC database and to copies of which in the OCLC database its holdings symbol has been attached by tapeloading. Such excluded records are freely transferable and are not dealt with in these Guidelines. OCLC-derived records held only in eye-readable form are freely transferable except to commercial firms. 6. The terms "transfer" and "transfer of records" refer to all sales, exchanges. gifts, sharing and other transfers, and all online access except online access provided to end-user patrons of a library in authorized possession of the records. ## EXHIBIT E TO LIBRARY EBooK AGREEMENT Secured eBook Option Delivery Election Fom! - the eBook files and reader software provided on a DVD or other securable medium; - (11) the rights provided to Library under the Secured Media Option will not have the same or comparable functionality as NetLibrary's on-line eBook reader; and - (12) it will not receive any further eBook Services for any eBooks for which it elects the Secured eBook Option; - (c} pay a fee to reimburse NetUbrary for its reasonable costs attributable to Library's participation in the Secured Media Option. These costs may inciude, but are not limited to, the cost of the DVD or other securable medium, the cost of loading of e8ooks onto the DVD or other securable medium, the cost of any software that accompanies Secured eBooks, and shipping and handling Charges. - 2. library should execute this Secured eBook Option delivery election form only if and when It ~wish to have access to its eBooks through Netlibrary's Internet library technology and eBook Services. Library: By: Name: Title: Date: ## EXHIBIT F TO LIBRARY EBOOK AGREEMENT T8"'1S Of Use - 1. If Library wants to exercise the Secured Media Option, then library must: We ask that you read our terms of use agreement so that you fully understand Netlibrary policies. - . . . . · PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE (a) . notify Netlrbrary that If deslfes to take delivery of eBooks for which USING THIS SITE. BY ACCESSING OR USING THIS SITE IN ANY hcen.ses are purchased under this Agreement on DVD or another securable WAY, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT medrum; AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. - (b) sign this Secured eBooks Option Delivery Form by which Library acknowledges, agrees. and confirms that it understands that: - (1) the copyrights for all eBooks acquired through the Secured eBooks Option are and will be owned by the respective publishers and NetLibrary; - (2) it is only permitted to allow a single user at any time to view a single copy of any eBook; - (3) it and its Patrons will adhere to the terms of use that apply to eBooks (currently available at http://www.netljbrary.comfiermsONse,aspx) - 1. General. This site is owned and operated by Netlibrary, a division of OCLC Online Computer library Center, Inc., an Ohio nonprofit corporation. Netlibrary has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site. These terms of use apply to all users of Netlibrary, including patrons of institutions or other libraries. - (4) it employs, and will continue to employ, cenain required security features applicable to Secured eBooks; - (5) it will not permit access or use of eBooks by patrons that it has not authorized to access or use eBooks or by any other third party users; - (6) It will be accountable to the eBooks publisher and Netlibrary for any violation of the eBooks' copyright; - (7) it is only permitted to install one copy of the eBook files and reader software, provided on a DVD or other securable medium, on a server so that it can make the eBooks that it has purchased available for viewing by it and its authorized patrons; - (8) it will not (and will not permit a third party to): copy, in whole or in part. the eBook files and reader software provided on a DVD or other securable medium for any purpose other than the purpose specified in Article 1.(b)(7) of this form; - (9) it will not use the eBook files and reader software provided on a DVD or other securable medium on unauthorized equipment; or otherwise modify, decompile, decrypt, reverse engineer, disassemble or otherwise reduce all or any portion of the eBook files and reader software provided on a DVD or other securable medium; - (10) it will not (and will not permit a third party to): transfer, sublicense, rent, tease. distribute, sell, or create derivative of - 2. Equipment. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto. - 3. Restrictions on Use. A. You agree to use the site for lawful purposes only. You will not post or transmit through the site any material that: (i) violates Infringes, disrupts, or interferes in any way upon the rights of others; (ii) transmits, contains, or communicates viruses or other harmful, disruptive, or destructive files; (iii) disrupts or interferes with the security of, or otherwise causes harm to, the site, or any services, materials, system resources, accounts. passwords, servers, or networ1(s connected to or accessible through the site; (iv) is unlawful, threatening, abusive. defamatory, invasive of privacy or publicity rights. vulgar, obscene. profane. or otherwise objectionable; or (v) encourages conduct that would constitute a criminal offense. gives rise to civil liability or otherwise violates any law. Without Netlibrary's express prior approval, you will not post or transmit through the site any material that contains advertising or any solicitation with respect to products or services. You will not use the site to advertise or perform any commercial solicitation, including, without limitation. \_the solicitation of users to become subscribers of other on-line 1nformat1on seMces. Any conduct by you that in Netlibrary's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. - B. Furthermore, you agree not to: (I) use or attempt to use another's account, password, service, or system without authorization from NetLibrary; (ii) access or attempt to access any Content which you are not authorized to access: or (iii) try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, or otherwise alter any executable code. contents. or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and crlmlnal legal penalties and that Netlibrary will act to protect its rights and the rights of publishers, authors, and its other licensors. VVlthout the express written permission of Netlibrary, you agree not to use any automated data or content gathering and extraction methods, including data mining and robots. in connection with the site. C. The site contains copyrighted material, trademarks and other proprietary information, including, without limltation. text. software, photos, video, graphics. music and sound ("Copyrighted Material"), and the contents of the site are copyrighted under the United States copyright laws. You may not modify, alter, publish, transmit, distribute, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Copyrighted Material, in whole or in part. You may not copy the Copyrighted Material or engage in any other acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110. without obtaining the express written pennission of Netlibrary and the copyright owner. In the event of any pennitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice will be made. You acknowledge that you do not acquire any ownership rights to copyrighted material. Any unauthorized use of the site or materials or services on the site may violate applicable copyright, trademark., patent, and/or other intellectual property laws and the Terms of Use. D. You will not upload. post or otherwise make available on the site any material protected by copyright. trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You will be solely liable for any damage resulting from any infringement of copyrights. proprietary rights. or any other harm resulting from such a submission. By submitting material to the site, you automatically grant, or warrant that the owner of such material has expressly granted NetLibrary the royalty-free, worldWide, perpetual, irrevocable, non› exclusive right and license to use, reproduce, modify, adapt, publish, display, translate, and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view. store, or reproduce the material for that user's personal use. You grant NetUbrary the right to edit, copy, display, publish, and distribute any material made available on the site by you. E. The foregoing provisions of Section 3 are for the benefit Netlibrary, its subsidiaries. affiliates and its third party content providers and licensors and each will have the right to assert and enforce such provisions directly or on its own behalf. ## 4. Password and Security If you choose to register for a NetLibrary account, you will receive a usemarne and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You may not share your password with anyone else or permit your password to be used to provide anyone else with access to the site. You agree to immediately notify Netlibrary of any unauthorized use of your password or account or any other breach of security. ## 5. Disclaimer of Warranty; Limitation of Liability. A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Netlibrary, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS. THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE: NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. B. Legal. medical. and health-related information located. identified or obtained through the use of the Service, is provided for informational purposes only and is not a substitute for qualified advice from a professional. C. THE SITE IS PROVIDED ON AN "AS IS"; BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO. WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE. D. IN NO EVENT WILL NetLibrary, OR ANY PERSON OR ENTITY INVOLVED JN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT. IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL. SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL Netllbrary's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF AHY, FOR ACCESSING THIS SITE. E. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE. WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NetLibrary IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 6. Monitoring. Netlibrary will have the right, but not the obligation. to monitor the content of the site to determine compliance with these Terms of Use and any operating rules established by Netlibrary and to satisfy any law, regulation or authorized government request. NetLibrary will have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, NetUbrary will have the right to remove any materlal that Netlibrary in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 7. Indemnification. You agree to defend, indemnify and hold harmless NetLibrary and Its affiliates and their respective directors, officers. employees and agents from and against any and all claims. actions. demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site. 8. Trademarks. NetUbrary, NetLibrary.com, NetLibrary.org, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of NetLibrary. All rights reserved. All other trademarks appearing on the site are the property of their respective owners. 9. Third Party Content. NetUbrary is a distributor (and not a publisher) of content supplied by third parties and users of the site. Accordingly, Netlibrary has no more editorial control over such content than does a public library, bookstore. or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties. including information providers and users, are those of the respective author(s) or distributor{s) and not of NetLibrary. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. NetLibrary neither endorses CONFIDENTIAl LIB07 nor is responsible for the accuracy or reliability of any opinion. advice or statement made on the site by anyone other than authorized Netlibrary employee spokespersons while acting in their official capacities. - 10. Tenninatlon. You agree that Netlibrary may, under certain circumstances. in its sole discretion, and without prior notice, immediately tenninate your NetLibrary account and access to the site. Cause for such tennination will include, but not be limited to. (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines. (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions). (d) a request by a Library or Consortium, and (e) extended periods of inactivity. - 11. Changed Tenns. Netlibrary has the right at any time to change or modify these Terms of Use applicable to use of the site. or any part thereof, or to impose new conditions. Such changes, modifications, addftlons or deletions will be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. If you use the site after such notice, then you will be deemed to have accepted such changes, modifications. additions or deletions. If you don't agree to the changes, modifications, additions or deletions; then you must stop using the site. - 12. International Users. The site is controlled, operated, and administered by Netlibrary from its offices in the United States of America. If you access the site, then you are responsible for compliance with applicable laws including United States export laws. Furthennore, if you access the site from a location outside the United States. you are responsible for compliance with all local laws. - 13. Procedure For Making Claims Of Copyright Infringement If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Netlibrary. - 14. Miscellaneous. These Terms of Use will be construed in accordance With the laws of the State of Colorado, Without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and will not be given any legal import. ## EXHIBIT G TO LIBRARY EBooK AGREEMENT List of Branches | # | Institution | |-----|------------------| | 1 | UC Berkeley | | 2 | UC Davis | | 3 | UC Irvine | | 4 | UC Los Angeles | | 5 | UC Merced | | 6 | UC Riverside | | 7 | UC San Diego | | 8 | UC Santa Barbara | ## Of-V?C'f0-36f'/ ## Addendum to Library eBook Agreement This Addendum (this "Addendum") to the Library eBook Agreement dated December 15, 2007 (the "Agreement") is effective December 17, 2007 (the ·Addendum Effective Date") and is by and between NetLibrary, a division of OCLC Online Computer Library Center, Inc., an Ohio nonprofit corporation ("Netlibrary"), and California Digital Library. a California nonprofit organization ("~. For and In consideration of the mutual agreements contained herein. the sufficiency of which is acknowledged, the parties agree as follows. - 1 . Any capitalized term appearing in this Addendum without a definition will have the meaning attached to it in the Agreement. - 2. For purposes of this Addendum, Section(s) 1.A.1., 2., 3., 4., 5., 6., 13., and 14. <Definitions) of the Agreement will be deleted in their entirety and Terms defined within this Addendum v.111 have the respective meanings attributed to them throughout this Addendum or in this Section 2 : - 2. CoDYrighted Works. Library acknowiedges and agrees that the copyright to the Licensed Materials In each Database is owned by or licensed to Netlibrary and/or the respective publisher thereof. All Rights Reserved. By purchasing a Subscription to a Database, Library obtains certain rights to access and use the Licensed Materials in the Database, but Library does not obtain or own any rights in the copyrights or any other intellectual property rights that may be associated with the Licensed Materials or the Database. Library agrees that any access or use of the Licensed Materials in the Database(s) by Library and its Patrons is governed by and v.111 comply with applicable laws. including without limit U.S. copyright laws. Library acknowledges that it and its Patrons have no right to make copies of any Database, any Licensed Materials or any portions thereof, except to the extent permitted by applicable copyright laws. - 1. "Licensed Materials" means the data included in a Database, as applicable. - 2. "Databaselsl" means an organized collection of Licensed Material(s) that is either hosted on the NL System or on a Third-Party System. - 3. "Netlibrarv Database Services" mean Netlibrary's services related to Library's ongoing access to and use of Database(s) via the Internet, as further described in Exhibit A. - 4. "Third-Party Database Services" mean a Third-Party's services related to Library's ongoing access to and use of Database(s) via the Internet, as further described in Exhibit A. - 5. the "NL System· means the certain online website, comprised of computer equipment, software programs, database systems. Netlibrary's on-line database reader. and related technical processes, know-how, and documentation - 6. the "Third-Party System· means the certain online website, comprised of computer equipment. software programs. database systems, the Third-Party's on-line database reader, and related technical processes, know› how, and documentation. - 7. A "Subscription· means an annual license for access to one or more Database(s) on the basis described in Exhibit B. - 8. "Subscription Price" means the price established for the annual license for access to one or more Database(s). - 9. The "Ifilm" of this Agreement commences on the Effective Date and continues in effect for 5 years. At the expiration of the Initial Tenn, this Agreement will automatically renew for successive terms of one (1) year subject to Section Ill.A. - 10. "Third-Partv" means a database provider that hosts, distributes, markets, and sells Third-Party Database Services on a Third-Party System. - 3. Sections l.B.1. (Purchase of Licenses) and 2. <Copyrighted Works) of the Agreement v.111 not apply to this Addendum. The follov.1ng Sections will apply to this Addendum: - 1. Purchase of Subscriptions to Oatabase(sl. During the Term of the Agreement. Library may select and purchase Subscriptions to Database(s) in accordance with Netlibrary's then current ordering practices. Each final order of Subscriptions to Oatabase(s), as evidenced by a Database(s) Order Confirmation Form, is incorporated in this Agreement by reference. - 4. Section l.B.3. (Deliverv Option\ of the Agreement and Exhibit E to the Agreement (Secured eBook Option Delivery Election Form) -will not apply to this Addendum. - 5. Section 11.B. <Provision of eBooks) of the Agreement will be deleted in their entirety and replaced with the following: - B. Provision of Database Services. - 1. During the Term, Netlibrary will establish, host, and administer Library's NL Website using Netlibrary's existing electronic content technology and NL Website. Library and Patrons will access Database(s) through Library's NL Website. - 2. Database Services. Library will receive Netlibrary Database Services for Database(s) hosted on the NL System and Third-Party Database Services for Database(s) hosted on a Third-Party System. Netlibrary will be responsible for providing Netlibrary Database Services to Library via the NL System. The Third-Party will be responsible for providing Third-Party Database Services to Library via the Third-Party System. - 3. Library and Patrons will access Library's Database(s) and Netlibrary and Third-Party Database Service(s), as applicable, via Library's Internet connection, which will be Library's expense and responsibility. - 6. Section 1 1.C (Librarv and Patron Usage) and Section 111.C. (Limited WarranM of the Agreement will apply to the Addendum, but all references to the term "eBook" in these provisions will be deleted and replaced with the term "Database·. - 7. Section Ill. D. (Warrantv Disdaimer) will be deleted In its entirety and replaced with the following: - D.Warrantv Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 111.C ABOVE, LIBRARY'S NL VVEBSITE, DATABASE SERVICES, AND NETLIBRARY OR THIRD-PARTY DATABASE(S) LICENSED UNDER THIS AGREEMENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND AND NL ANO ITS CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMIT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NL NOR ITS CONTENT PROVIDERS WARRANTS, GUARANTEES OR MAKES ANY REPRESENTATIONS REGARDING THE USE, THE RESULTS OF THE USE, THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF LIBRARY'S NL V\/EBSITE OR NETLIBRARY OR THIRD-PARTY DATABASE(S) OR THE INFORMATION THEREIN OR ANY MATERIAL WHICH CAN BE ACCESSED {V1A A CONFIDENTIAL DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH ANY SUCH DATABASE. NO ORAL OR WRITIEN INFORMATION OR ADVICE GIVEN BY NL OR ITS EMPLOYEES WILL CREATE A REPRESENTATION OR WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF NL'S OBLIGATIONS, AND LIBRARY MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. - 8. The following sentence will be added to Section 111.B.1. CTermination Without Cause\ of the Agreement: Unless notice of non-renewal is given by one party to the other party at least thirty (30) days before the Subsaiption term expires, a Subscription to a Database will renew annually. - 9. Section 111.E. (lndemniM of the Agreement will not apply to this Addendum. The following Section will apply to this Addendum: - E. Each party shall indemnify and hold the other harmless for any losses, ciaims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such ciaims as the indemnifying party may reasonably request and have the right to participate in the defense at its own expense. - 10.Section(s) Ill. F. (Limitation of LiabiliM, and G. <Confidential Information) of the Agreement will apply to the Addendum. Notwithstanding the previous sentence, the 4 11 sentence of Section Ill. F. will be deleted in its entirety and replaced with the following sentence: A party's aggregate liability for any and all claims, losses, liabilities, and demands arising, whether for breach of contract, in tort or otherwise. are limited to the total amount of Database Subscription Prices paid by Library to Netllbrary. during the 12 month period immediately preceding the date on which the claim first arose, excluding claims for copyright infringement and patent violations. - 11. Section Ill. H. (Payment Terms) will be deleted in its entirety and replaced with the following: ## H. Payment Terms. - 1. Invoicing. At Netlibrary's discretion, either Netlibrary or a Third-Party may invoice Library for any fees and other charges due hereunder. If Netlibrary invoices Library for payment, then Library may remit payment to Netlibrary via wire transfer or electronic funds transfer pursuant to the instructions on Exhibit C. If a Third-Party invoices Library for payment, then Library will remit payment to the Third-Party in accordance with the Third-Party's reasonable instructions. - 2. US Dollars. All fees and other charges hereunder are in U.S. dollars, and all payments hereunder will be made in U.S. dollars without any deduction or offset. - 3. Taxes. All fees and other charges hereunder are net of any taxes or other governmental charges or levies ~ that may be imposed by any government or governmental entity having jurisdiction over the Third-Party, Library, or any transaction or payment hereunder. other than U.S. taxes imposed on Netlibrary's net income. Third-Party or Library, as applicable, will bear and pay all Taxes; to the extent Netlibrary is required to pay any Taxes, or Third-Party or Library, as applicable, is required to withhold the amount of any Taxes, Third-Party or Library, as applicable, will promptly remit to Netlibrary funds in the amount that will allow Netlibrary to recover the net fees due hereunder and neither Form Database Addendum for Library eBook Agreement (Dom)-07.06.06 California Digital Library Airi!i Database Addendum 3.11.08.doc 2 of 3 - Third-Party nor library, as applicable, will receive any credit for funds so remitted. Third-Party or Library, as applicable, will notify Netlibrary of any such Taxes imposed or claimed after such action is brought to Third-Party's or Library's attention. - 4. Late Payments. All fees and charges are due and payable 30 days from the date of the related invoice. Netlibrary may deny library and Patrons access to Library's NL Website until the unpaid invoice is paid in full. - 12. Section Ill.I. of the Agreement will apply to the Addendum. - 13. Exhibits A (eBook Services). B (NL Website and css Feesl. and C (eBook license Fees and Discounts) to the Agreement will be deleted in their entirety and will be replaced by the Exhibits Attached to this Addendum. - 14. This Addendum is an addition to the Agreement: all unmodified terms and conditions of the Agreement remain in full force and effect. - 15. The parties agree that a facsimile transmission of this executed Addendum will be binding upon the parties and have the same force and effect as the executed original of this Addendum. In witness whereof, the parties have caused this Addendum to be executed by their authorized representatives to be effective as of the Addendum Effective ~~ R · ia ## EXHIBIT A TO ADDENDUM TO WBRARY EBOOK AGREEMENT ## Database services - 1. Existing Platform. At the time this Agreement is executed, the NL Website and Library's NL Website are supported by Netlibrary's existing electronic content technology, which includes a third-party operating system, third-party database management software, and proprietary Netlibrary software. - 2. Deliverv of Database Services. Payment of the Subscription Price for a Database allows Library to access the Database on Library's NL Website and receive Netlibrary Database Services or Third-Party Database Services, as applicable, for such Database(s) for 1 year. - 3. Accessing Database<sl. Subject to the terms of this Agreement, NetLibrary will allow Library to access the Database(s), as applicable. - 4. patron Access. Library will implement and maintain Limiting Access Measures, based on NetLibrary's standard systems. which will control Patrons' access to Library's NL Website. - 5. ~· Payment of the Subsaiption Price entitles Library to the standard reports offered by Netlibrary. - 6. Soecial Terms that apply to Otber Content CONFIDENTIAL - a. If any Database offered by Netlibrary and/or the Content Providers allows the Library, Patrons, or others to post Other Content, including messages or infonnation in the Database, then NetUbrary and/or the Content Providers, as applicable, shall have a perpetual, non-exclusive right to use all Other Content entered into the applicable Netlibrary or Third-Party Database(s) subscribed to hereunder by Library or by any Patron (other than third party material transmitted through private electronic mail) in any of NetLibrary and/or the Content Providers print or electronic publications, services or sites or any promotional or marketing materials related thereto. · - b. Neither Netlibrary and/or the Content Providers have any responsibility for Other Content, including the content of any messages or information posted by Library, Patrons or others or for the content of information accessible via direct or indirect hyperlinks from the applicable Netlibrary or Third› Party Database(s). However, NetLibrary and its Content Providers retain the respective rights, which they may or may not exercise in their sole discretion, to review, edit or delete Other Content which NetLibrary or the Content Provider(s) deem to be illegal, offensive, or otherwise inappropriate from the Netlibrary and Third-Party Database(s), as applicable. 7. Soecial Terms and Conditions that Apply to Databases Containing Medical and/or Drug Information. MEDICINE IS AN EVER-CHANGING SCIENCE. AS NEW RESEARCH AND CLINICAL EXPERIENCE BROADEN OUT KNOWLEDGE, CHANGES IN TREATMENT AND DRUG THERAPY ARE REQUIRED. THE CONTENT PROVIDERS AND NETLIBRARY HAVE CHECKED WITH SOURCES BELIEVED TO BE RELIABLE IN THEIR EFFORTS TO PROVIDE INFORMATION THAT IS COMPLETE AND GENERALLY IN ACCORD WITH THE STANDARDS ACCEPTED AT THE TIME OF PUBLICATION. HOWEVER, IN VIEW OF THE POSSIBILITY OF HUMAN ERROR OR CHANGES IN MEDICAL SCIENCES, NEITHER THE CONTENT PROVIDERS NOR NETLIBRARY WARRANTS THAT THE INFORMATION CONTAINED ON ANY OF THE DATABASES IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND THEY ARE J'\IOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. USERS ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED ON ANY OF THE DATABASES WITH OTHER SOURCES. NEITHER THE CONTENT PROVIDERS NOR NETLIBRARY SHALL BE LIABLE TO LIBRARY OR TO ANY USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN ACCESS TO NETLIBRARY OR THIRD-PARTY DATABASE(S), ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. ## EXHIBIT B TO ADDENDUM TO LIBRARY EBOOK AGREEMENT ## Description and Prices of Database(sl. ## 1. Database Subscription Prices. - (a) The List of Database(s) covered by this Agreement and the Subscription Prices for Database(s) covered by this Agreement will be listed on the applicable Database(s) Order Confirmation Form. (b)As NetUbrary adds additional Database(s) or changes the terms and/or prices for existing Database(s), the Netlibrary Subscription Prices for Database(s) is subject to change. However. in no case will changes to the Subscription Prices for Database(s) be applied retroactively to existing Subscriptions. ## 2. 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b2ae8fa1-9c5f-4a22-9f5c-cc5da3d59d93

ELSEV_amdt21_UCSB_2011_REDACTED

## TWENTY-FIRST AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the "Agreement' as last amended on 28 March 2011 and wish to amend the Agreement as set forth in this amendment ("Amendment' NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, and for such other and valuable consideration; the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 . good Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment , the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective; duly authorized representatives as of 29 March 2011. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olb/o TIIE CALIFORNIA DIGITAL LIBRARY (Subscribcr) [Text deleted] [Text deleted] [Text deleted] Title: (Elsevier) [Text deleted] Title: Amendmenr No: /-2194500901 ## TWENTY-FIRSTAMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule ! Subscribed Products/Access/Fees ## UNIVERSITY OF CALIFORNIA SANTA BARBARA | | Amendment No. 1-2194500901 | Amendment No. 1-2194500901 | |--------------------------------------------------------------------------------------------------------------------------------------|------------------------------|------------------------------| | Subscribed Products publisher | Acccss | 2011 | | SciVerse@ ScienceDirect@ online Elsevier B.V | sciencedirect sciverse coIn | | | Elsevier Refcrence Works (perpctual access) Comprehensive Membrane Science and Engineering Comprehensive Nano Sciencc and Tcchnology | | | | TOTAL FEES | | | ## Elsevier Reference Works Additional Terms and Conditions The perpetual access granted hereunder for the above reference work(s) is subject to payment of a one-time fee set forth in the fee table above and, afier the initial year of the term of this Agreement, an annual access fee in an amount not to exceed five (5%) percent of such one-time fee. The annual access fee will not be charged if the Subscriber maintains an annual subscription on SciVerse ScienceDirect online, and in the event that all such annual subscriptions are terminated, the Subscriber may, at its option; continue to access such reference work(s) online for an annual access fee based on the number of chapters downloaded from such reference work(s) during the prior twelve (12) months per download (adjusted annually for inflation and cost increases) , in accordance with the usage provisions of the Agreement . Elsevier shall make available for inspection by a duly authorized auditor of the Subscriber, at the Subscriber's sole expense; the records concerning the calculation of such annual access fee one time per year during regular business hours upon thirty (30) days written notice to Elsevier. In the event that the Subscriber does not pay any reference work(s) annual access fee or maintain any annual subscription on ScienceDirect online; the Subscriber may, at its option; (1) acquire a copy of such reference work(s) in print, if available. at an eighty (80%) server that enables access and use by Authorized Users an electronic copy of such relerence work(s) for cost in accordance with the usage provisions of the Agreement. The copy may not contain links and other features and functionality associated with the online version;

dac98cee-e54c-4f51-a561-319769ffe864

ElsevierSD2014_amdt94_UCD_Redacted

## NINETY FOURTH AMENDMENT TO ELSEVIER SUBSCRJPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 9 April 2014, as last amended on 05 May 20 7(the "Agreement") and wish to amend the Agreement as set forth in this I amendment ("Amendment"). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, and for such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth on Schedule I. Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective, duly authorized representatives as of l 0 May 2017. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA O/B/O THE CALIFORNIA DIGITAL LIBRARY (Subscriber) ELSEVIER B.V. (Elsevier) Amendment No.: 1-13582465272 Title: Executive Vice Presudent Research Solution Salcs ## Schedule 1 Subscribed Products/Access/Fees ## UC DA VIS- SHIELDS LIBRARY The Subscribed Products and Fees identified below are in addition to those identified m the Agreement. No. 1-13582465272 | Subscribed Products - publisher | Access | 2017 USD | |---------------------------------------|-------------------|-------------| | ScienceDirect® ooline-Elsevier B.V. | sciencedirect.com | | | Com lete Collection | | | | Transferred Titles Fee | | | | TOTAL FEES | | | ## Annex A to Schedule 1.1 Subscribed Titles ## UC DA VIS - SHIELDS LIBRARY The Subscribed Title identified below are in addition to those identified in the Agreement. | Product ID | ISSN | Transferred Title online onl | |---------------|-----------|---------------------------------------------------------| | 18893 | 1553-7250 | The Joint Commission Journal on Quali and Patient Safe |

f391259a-533b-4d6a-8fff-ccc9744e542c

ElsevierSD2009_amdt67_UCSD_Redacted

## SIXTY-SEVENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the Agreement") as last amended on 1 October 2012 and wish to amend the Agreement as set forth in this amendment ("Amendment') NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below and for such other and valuable consideration; the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1. good If the Subscriber exercises its option under the Agreement to purchase system-wide perpetual access rights to any Elsevier book products; Elsevier will refund to the University of California; San ("UCSD") the amount that UCSD previously such products; provided that the Subscriber's purchase occurs within the If the Subscriber 's purchase deduct the amount that UCSD previously for such products from the due for the Subscriber's purchase. Diego paid for paid Fees Except as specifically amended hereby; all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment; the terms of this Amendment shall prevail. [N WITNESS WHEREOF authorized representatives as of 3 October 2012. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) [Text deleted] [Text deleted] Na ELSEVIER B.V. Title: Managing Director; Global Sales & Customer Marketing; Science & Technology Amendment No : 1-3405175774 ## SIXTY-SEVENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olblo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA SAN DIEGO / LA JOLLA No. 1-3405175774 | Subscribed Products publisher | Access | 2012 | |------------------------------------------------------------------------------|------------------------------|--------| | SciVerse@ ScienceDirect@ online Elsevier B.V. | sciencedirect sciver se. com | | | Elsevier eBooks Titles | | | | Elsevier Reference Works (perpetual access) ~Encyclopedia of Fish Physiology | | | | TOTAL FEES | | | ## ELSEVIER SUBSCRIPTION AGREEMENT Annex A to Schedule 1 ## Subscribed Titles ## UNIVERSITY OF CALIFORNIA SAN DIEGO / LA JOLLA | Product | eBook Titles | |---------------|------------------------------------------------------------------------------------------------------| | 9781856174664 | A Practical Handbook of Preparative HPLC | | 9780123843579 | Analytical Gas Chromatography | | 9780444535603 | Analytical Modelling of Fuel Cells | | 9780123743022 | Applications of Nonlinear Fiber Optics | | 9780444518118 | Basic IH- and 13C NMR Spectroscopy | | 9780122208515 | Bioprocess_Engineering Principles | | 9780126140408 | Bioseparations of Proteins | | 9780123969590 | Chemical Process_Equipment | | 9780120885732 | Combustion | | 9780125870733 | Crystallography Made Crystal Clear | | 9780123965615 | Dielectric Phenomena in Solids | | 9780126194555 | Electricity Magnetism and Light | | 9780120885718 | Environmental Fluid Dynamics | | 9780123809247 | Enzyme Kinetics: Catalysis & Control | | 9780123850010 | Fracture Mechanics | | 9780123855404 | Gas Chromatography | | 9780080958439 | Handbook of Heterocyclic_Chemistry | | 9781437778731 | Handbook of Thin Film Deposition | | 9780750683081 | Instrumentation Reference Book | | 9780122541056 | Introductory_Raman Spectroscopy | | 9780125083478 | Mathematics for Physical Chemistry | | 9780126662603 | Metabolic Engineering | | 9780080963570 | Metal Nanoparticles and Nanoalloys | | 9780444821713 | Modern Density Functional Theory: A Tool For Chemistry | | 9780124157699 | Nanobiotechnology | | 9780444516800 | Nanomagnetism_ | | 9780080971728 | Nanotechnology Cookbook | | 9780123695161 | Nonlinear Fiber Optics | | 9780123694706 | Nonlinear Optics | | 9780123914309 | Nuclear and Radiochemistry | | 9780123116307 | Optical Interferometry | | 9780125083454 | Physical Chemistry | | 9780123706157 | Principles of Tissue Engineering | | 9780444563576 | Regional Geology and Tectonics: Phanerozoic Passive Margins Cratonic Basins and Global Tectonic Maps | | 9780123877857 | Rules of Thumb for Chemical Engineers | | 9780123044600 | | | 9780444529657 | Stochastic Processes in Physics and Chemistry | | Product | eBook Titles | Final Net Price 2012 | |---------------|--------------------------------------------------|------------------------| | 9780120887613 | Superconductivity | | | 9780123736376 | Iable of Integrals Series and Products | | | 9780123739803 | The Manual of Scientific Style | | | 9780124414556 | The Spectra and Dynamics of Diatomic Molecules | | | 9780123705358 | Iheory of Simple Liquids | | | 9780122673511 | Understanding Molecular Simulation | | | 9780123870292 | Up and Running _with AutoCAD 2012 | | | 9780124967120 | Writing Reaction Mechanisms in Organic Chemistry | |

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TBRC_Digital_Library_2010REDACTED

## TIBETAN BUDDHIST RESOURCE CENTER AND ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA This License Agreement (this "Agreement") is made effective as of April Ist 2007 (the "Effective Date") between Tibetan Buddhist Resource Center at the Rubin Museum of 150 W 17th St. New York, NY 10011 ("Licensor") and The Regents of the University of California; a non-profit academic institution; with its principal offices The California Digital Library, University of California Office of the President, 415 20th Street, 4t floor; Oakland, CA 94612, USA ("Licensee") Art, at In consideration of the mutual promises contained herein and other and valuable consideration; the receipt and sufficiency of which is hereby acknowledged; the parties agree as follows: good ## LContent of Licensed Materials; Grant of License The materials that are the subject of this Agreement shall consist of electronic information published or otherwise made available by Licensor (hereinafter referred to as the "Licensed Materials "), as described in Appendix A. Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor andor its suppliers . Neither Licensee nor its Authorized Users shall have right; title or interest in the Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive; non-transferable; worldwide; perpetual use of the Licensed Materials and the right to provide the Licensed Materials to Authorized Users in accordance with this Agreement. ## ILDeliverylAccess of Licensed Materials to Licensee Licensor will provide the Licensed Materials to the Licensee in the following manner: Licensee elects to subscribe to Web Access. Online\_Access. If the Licensee elects to subscribe to online access, as described in Appendix B, the Licensee may use the Licensed Materials in accordance with the terms and conditions of this License. ## IIL Fees Licensee shall pay Licensor for use of the Licensed Materials pursuant to the terms set forth in Appendix A, attached hereto ## IV Authorized Use of Licensed Materials ## Authorized Users. Authorized Users are: faculty, staff, affiliated researchers and independent contractors) of Licensee and the institution of which it is a part, regardless of the physical location of such persons. For campus locations see Appendix €. Walk-ins Patrons not affiliated with Licensee who are physically present at Licensee's site(s) (" walk-ins") Materials as is consistent with the Fair Use Provisions of United States and international limit in way whatsoever Licensee's or any Authorized User's rights under the Fair Use provisions of United States or international law to use the Licensed Materials . any The Licensed Materials may be used for purposes of research; education or other noncommercial use as follows: Display Licensee and Authorized Users shall have the right to electronically display the Licensed Materials . Digitally Licensee and Authorized Users may download and digitally copy a reasonable portion of the Licensed Materials . Copy Print Licensee and Authorized Users may a reasonable portion of the Licensed Materials . Copy print Recover Copying Costs. Licensee may a fee to cover costs of copying or printing portions of Licensed Materials for Authorized Users . charge Course\_ Packs: Licensee and Authorized Users may use a reasonable portion of the Licensed Materials in the preparation of Course Packs or other educational materials. Electronic Reserve: Licensee and Authorized Users may use a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction offered by Licensee and/or its parent institution. Collections of Information If the Licensed Materials are a database; compilation; or collection of information; Authorized Users shall be permitted to extract or use information contained in the database for educational, scientific; or research purposes; including extraction and manipulation of information for the purpose of illustration; explanation; example; comment, criticism; teaching, research; or analysis. Electronic Links: Licensee may provide electronic links to the Licensed Materials from Licensee web page(s) and course management systems, and is encouraged to do so in ways that will increase the usefulness of the Licensed Materials to Authorized Users. Licensor staff will assist Licensee upon request in creating such links effectively . Caching Licensee and Authorized Users may make such local digital of the Licensed Materials as are necessary to ensure efficient use by Authorized Users by appropriate browser or other software. copies Indices Licensee may use the Licensed Materials in connection with the preparation of or access to integrated indices to the Licensed Materials , including author, article; abstract and keyword indices . Scholarly\_ Sharing. Authorized Users may transmit to a third party colleague in hard copy Or electronically, minimal, insubstantial amounts of the Licensed Materials for personal use Or scholarly, educational, or scientific research or professional use but in no case for re-sale. In addition, Authorized Users have the right to use; with appropriate credit, figures, tables and brief excerpts from the Licensed Materials in the Authorized User's own scientific; scholarly and educational works. ArchivalBackup Upon request of Licensee, Licensee may receive from Licensor and/or create one (1) copy of the entire set of Licensed Materials to be maintained as a backup or archival copy during the term of this Agreement, or as required to exercise Licensee's rights under section X, 'Perpetual License of this Agreement. Copy Licensor acknowledges that Licensee may engage the services of third-party trusted archives and/or participate in collaborative archiving endeavors to exercise Licensee's rights under section X, Perpetual License of this Agreement. Licensee agrees to cooperate with such archiving entities and/or initiatives as reasonably necessary to make the Licensed Materials available for archiving purposes. Licensee may perpetually use the third-party trusted system to access or store the Licensed Materials, so as Licensee's use is otherwise consistent with this Agreement. Licensor further acknowledges and agrees that; in the third-party archival system; Licensed Materials may be made available to other system participants who indicate a right to those Licensed Materials . long using ## V.Access by and Authentication of Authorized Users Licensee and its Authorized Users shall be granted access to the Licensed Materials pursuant to the following: IPAddresses. Authorized Users shall be identified and authenticated by the use of Internet Protocol ( "IP") addresses maintained by Licensee Remote access is permitted for Authorized Users . only Users shall have unlimited simultaneous access to the Licensed Materials . ## VI Specific Restrictions on Use of Licensed Materials Unauthorized Use Except as specifically provided elsewhere in this agreement; Licensee shall not knowingly permit anyone other than Authorized Users to use the Licensed Materials. Modification of Licensed Materials. Licensee shall not modify or create a derivative work of the Licensed Materials without the written permission of Licensor. prior copyright or other notices included in the Licensed Materials . Commercial\_Purposes: Other than as specifically permitted in this Agreement; Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials or bulk reproduction or distribution of the Licensed Materials in any form. Interlibrary Loan electronic; paper; or intermediated means, Licensee at its discretion may fulfill occasional requests from other institutions, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC 8108, ~Limitations on exclusive rights: Reproduction by libraries and archives") and the Guidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works . Using ## VII Licensor Performance Obligations make the Licensed Materials available to Licensee within 60 (sixty) from the date the order . to days Performance: To the best of Licensor' s ability; the Licensed Materials will be accurate and complete; and delivery of the Licensed Materials will be performed in a timely and professional manner by qualified personnel. Support Licensor will offer activation or installation support; including assisting with the implementation of any Licensor software. Licensor will offer reasonable levels of continuing support to assist Licensee and Authorized Users in use of the Licensed Materials. Licensor will make its personnel available by email, phone or fax for feedback, problem-solving; or general questions . Completeness\_of\_Content: Where applicable; Licensor will inform Licensee of instances where online content differs from the versions of the Licensed Materials . print Where applicable; Licensor shall use reasonable efforts to ensure that the online content is at least as complete as versions of the Licensed Materials andlor represents complete; accurate and timely replications of the corresponding content contained within the versions of such Materials, and will cooperate with Licensee to identify and correct errors or omissions . print print Persistent\_Links: Where applicable; Licensor will provide and maintain persistent links to individual items within the Licensed Materials and make these available to Licensee. Withdrawal of Licensed Materials. Licensor reserves the right 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. Licensor shall give written notice to the Licensee of such withdrawal no later than (30) days following the removal of any item pursuant to this section. If any such withdrawal renders the Licensed Materials less useful to Licensee or its Authorized Users, Licensor shall reimburse Licensee in an amount that the withdrawal is proportional to the total Fees owed by Licensee under this Agreement. thirty Usage\_Data Licensor may on request provide to Licensee statistics regarding the usage of the Licensed Materials by Licensee and/or its Authorized Users. Compliance with Americans\_with Disabilities Act Licensor shall make reasonable efforts to comply with the Americans with Disabilities Act (ADA) requirements and Section 508 of the Rehabilitation Act Amendments . ## VIII Licensee Performance Obligations Provision of Notice of License Terms\_to Authorized Users. Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Materials is granted to Authorized Users under this Agreement including; in particular; as it relates to any limitations on access or use of the Licensed Materials as set forth in this Agreement. Protection from Unauthorized Use: Licensee shall implement reasonable procedures to restrict access to the Licensed Materials to Authorized Users . Maintaining\_Confidentiality\_of\_Access Passwords. Licensee shall maintain the confidentiality of any institutional passwords provided by Licensor. ## IX MUTUAL PERFORMANCE QBLIGATIONS Cure Activities: In the event of any unauthorized use of the Licensed Materials by an Authorized User, Licensee shall cooperate with Licensor in the investigation of any unauthorized use of the Licensed Materials of which it is made aware if requested to do so by Licensor and shall use reasonable efforts to remedy such unauthorized use and prevent its recurrence. Licensor may terminate such Authorized User's access to the Licensed Materials after first providing reasonable notice to Licensee (in no event less than two (2) weeks) and cooperating with the Licensee to avoid recurrence of any unauthorized use. In the case of unauthorized use which in the Licensor S judgment is causing serious material harm; Licensor may temporarily suspend an individual Authorized User's access to the Licensed Materials (e.g. by blocking an individual user s IP address), provided that Licensor immediately notifies Licensee of any such suspension; including the reason for the block and any supporting details. Such temporary suspensions will be of the shortest duration possible sufficient to terminate the alleged unauthorized activity and prevent its resumption. Confidentiality of User\_Data: Licensor agrees to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee and its Authorized Users. Licensee agrees to maintain the confidentiality of any data relating to the usage of the Licensed Materials by individual Authorized Users. Such data may be used solely for purposes directly related to the Licensed Materials . ## X Perpetual License Licensor hereby grants to Licensee a nonexclusive; royalty-free; perpetual license to use the Licensed Materials. Such use shall be in accordance with the provisions of this Agreement. ## XL Warranties Subject to the Limitations set forth elsewhere in this Agreement: Licensor warrants that it has the right to license the Licensed Materials granted under this license the Licensed Materials, and that use of the Licensed Materials by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party. The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses, claims, damages , awards, penalties, or injuries incurred, including reasonable attorney's fees; which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User in accordance with the terms of this Agreement. This indemnity shall survive the termination of this agreement. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. Licensor warrants that the physical medium, if any, on which the Licensed Materials is provided to Licensee will be free from defects for a period of 1 (one) year from delivery. ## XII Limitations on Warranties Notwithstanding anything else in this Agreement: Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption; or loss of profits, arising out of the use of or the inability to use the Licensed Materials. Licensor makes no representation or warranty; and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein; libel, infringement of rights of publicity, privacy; trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated herein, the Licensed Materials are provided on an "as is' basis; and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including; without limitation; any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm; time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party. ## XIIL Assignment and Transfer Neither party may directly or indirectly, all or part of its rights or obligations under this Agreement without the written consent of the other party; which consent shall not be unreasonably withheld or delayed. assign, prior ## XIV Governing Law This License shall be governed by and construed in accordance with California law; the parties irrevocably agree that any dispute arising out of or in connection with this License will be subject to and within the jurisdiction of the State of California. ## XV. Force Majeure Neither party shall be liable in damages or have the right to terminate this Agreement for any or default in performing hereunder if such or default is caused by conditions beyond its control including; but not limited to Acts of God; Government restrictions (including the denial or cancellation of any export or other necessary license) , wars, insurrections andlor any other cause beyond the reasonable control of the party whose performance is affected. delay delay - ## XVI Entire Agreement This Agreement constitutes the entire agreement of the parties and supersedes all communications; understandings and agreements relating to the subject matter hereof;, whether oral or written. prior ## XVII Amendment No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee ## XVIIL Severability If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction; the validity; legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby . ## XIX Waiver of Contractual Right Waiver of any provision herein shall not be deemed a waiver of any other provision herein; nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. ## XX Notices All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within three (3) after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies must be sent by mail or hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party. days ## If to Licensor: Tibetan Buddhist Resource Center Rubin Museum of Art 150 W 17th St. New York; NY 10011 ## If to Licensee: University of California Office of the President California Digital Library th 415 20" Street; 4' Floor Oakland, CA 94612 USA Attn: Licensing Dept. ## XXL Non-Discrimination Neither party will discriminate on the basis of race, color; national origin; religion; sex, age, disability, or veteran/Reserve/National Guard status in performing its obligations under this License. IN WITNESS WHEREOF, the parties have executed this Agreement by their respective; duly authorized representatives as of the date first above written: [Text Deleted] LI BY Signature of Authorized Signatory of Licensor Print Name: [Text Deleted]  ## LICENSEE: [Text Deleted] [Text Deleted] BY: DATE: Signature of Authorized Signatory of Licensee Print Name: Title Address: C4 946(2 ## Appendix A Licensed Material ## Content: The Licensed Materials subject to this agreement are a series of Core Text Collections of Tibetan and Himalayan literature issued from TBRC's Digital Library: TBRC Core Text Collection 1 (Issue Date January 2004), TBRC Core Text Collection 2 (Issue Date January 2005), TBRC Core Text Collection 3 (Issue Date January 2006), TBRC Core Text Collection 4 (Issue Date January 2007), and subsequent issues, hereinafter referred to as "Collections Each Collection includes TIFF images and Adobe Acrobat PDF documents arranged in a hierarchical directory structure and a bibliographic catalog; describing the contents. Licensee elects to subscribe to Web Access to Licensed Materials . ## Fees: Archive Capital Fee (ACE: The ACF is a required one-time-only fee; charged per Collection, designed to ensure that the Licensor has the necessary resources to meet its archival obligation as technology evolves. [Text Deleted ] This includes the cost of the physical media and insured shipping:. to subscribe to online access, the ACF still access. [Text Deleted] [Text Deleted] The This is the normal for one full subscription to the seven "tranches (totally already out (the seventh is actually just about to be published) . This will provide full access to the seven collections across the entire UC system. Also rolled into the bargain is an agreement that this payment will additionally cover the next two tranches (to be published in winter 2010-11 and winter 2011-2012) After those (i.e. tranche in order to stay up-to-date. price [Text Deleted] days of invoice date, and made payable to the Licensor. ## Contacts: [Text Deleted] Licensing Contact: [Text Deleted] [Text Deleted] Licensing Manager [Text Deleted] th 415 Street, 4 Floor 20t [Text Deleted] [Text Deleted] [Text Deleted] [Text Deleted] Oakland, CA 94612 [Text Deleted] [Text Deleted] [Text Deleted] CDL Acquisitions Specialist Geisel Library University of California 9500 Gilman Drive #0175A La Jolla; CA 92093-0175 Technical Contact: Senior Development Analyst 415 20th Street, 4th Floor Oakland, CA 94612 ## Appendix B Web Access ## Content: The Licensed Materials available for Web Access are equivalent to the contents of each Collection which has been procured and on an external hard drive. supplied ## Access and Authentication: Name and of Site: Web Access will be managed through the Licensor's public website at http:Iltbrc org Iype In addition to access to the Licensed Materials online, all of the Licensor's website services will be available from within the Licensed Materials online interface. public Title-levelaccess: Web Access includes title level access to the Licensed Materials. Title level access allows the Licensee's own web-based information system to contact the resource directly rather than through the Licensor's home page. Authentication and Authorization: The Licensee needs to supply Licensor with an IP range of servers that will access the system: The Licensor will manage access to the subscription service through IP authentication. Session management will not be used as an authentication method Scope of Licensed Access: Licensed Materials accessed via the web are made available to the entire (current) community serviced by the institution; including locations in campus buildings, dorms , offices; libraries, as well as to off-campus locations such as faculty offices and housing; providing such access is validated through the institution's authenticationlauthorization system. The Licensor will not keep individual accounts for off-site access but will rely on the institution's own policies and access system: ## Privacy: Personal IDs/Passwords: The Licensor will not maintain authentication via individual, personal id/password accounts . Session cookies are used by the Licensor solely for session management. Privacy: The Licensor does not gather user data for marketing purposes. The Licensor will gather user data in sessions to monitor download use but this information is used only by the Licensor and is not distributed to any third party . ## Service and Support: Browser support: The Licensor supports the following browsers and platforms for Internet Explorer 6.0+, FireFox/Mozilla and Opera. The Licensor also supports the display of native Tibetan script for bibliographic records of the Licensed Materials . Instructions for installing necessary fonts are on the site. The Licensed Materials themselves do not special fonts. require Browser plug-ins: requires the following standard browser plug-ins: (1) Adobe Acrobat Reader. (2) Java Applets Hardware Environment: The Licensor's data center is managed by the Licensor's technical staff. The data center is connected directly to the Internet via a multi-homed IOOMbps connection at a leased facility providing 24X7 access. The server is a high performance dual Intel 3.6GHz (64-bit) processor machine with 4 GB RAM, dual power supply and six 300 GB IOK SCSI hard drives (1.8 TB), running RedHat Linux (Fedora Core 5). Service and Communication Policy: The Licensor will notify the Licensee of any downtime or maintenance in advance. The Licensor will communicate any changes to the interface; technology or required plug-ins the resource uses. [Text Deleted] Contacts: X-2 For technical support queries: support @tbrc org or 646 839 5915 x-3 or x-7 . For ## Appendix € ## Campuses of the University of California University of California, Berkeley (including Lawrence Berkeley Lab) University of California; Davis University of California; Irvine University of California; Los Angeles University of California, Merced University of California, Riverside University of California; San Diego University of California, San Francisco University of California, Santa Barbara University of California; Santa Cruz University of California Office of the President ## Appendix D University of California IP Addresses by Campus [Text Deleted] [Text Deleted] UC Irvine [Text Deleted] [Text Deleted] UC Los Angeles [Text Deleted] UC Merced [Text Deleted] UC Riverside [Text Deleted] UC San Francisco [Text Deleted] UC Santa Barbara [Text Deleted] [Text Deleted] UC San [Text Deleted] UC Office of the President California Digital Library ## [Text Deleted]

Personal IDs/Passwords: The Licensor will not maintain authentication via individual, personal id/password accounts . Session cookies are used by the Licensor solely for session management. Privacy: The Licensor does not gather user data for marketing purposes. The Licensor will gather user data in sessions to monitor download use but this information is used only by the Licensor and is not distributed to any third party .

The Licensed Materials subject to this agreement are a series of Core Text Collections of Tibetan and Himalayan literature issued from TBRC's Digital Library: TBRC Core Text Collection 1 (Issue Date January 2004), TBRC Core Text Collection 2 (Issue Date January 2005), TBRC Core Text Collection 3 (Issue Date January 2006), TBRC Core Text Collection 4 (Issue Date January 2007), and subsequent issues, hereinafter referred to as "Collections Each Collection includes TIFF images and Adobe Acrobat PDF documents arranged in a hierarchical directory structure and a bibliographic catalog; describing the contents. Licensee elects to subscribe to Web Access to Licensed Materials .

154d49ea-f8c8-4daa-a0b3-3dc8f47ea69b

Oxford_UP_Online_Jl_Archives_2008_Redacted

## LICENCE AGREEMENT between REGENTS OF THE UNIVERSITY OF CALIFORNIA; with its principal offices at the CALIFORNIA DIGITAL LIBRARY, and OXFORD UNIVERSITY PRESS THIS AGREEMENT ("the Agreement' is made between OXFORD UNIVERSITY PRESS ("Licensor' and the REGENTS OF THE UNIVERSITY OF CALIFORNIA, non-profit academic institution with its principal offices at CALIFORNIA DIGITAL LIBRARY ("Licensee"), and is effective from July 1, 2006. ## IT IS AGREED as follows: ## DEFINITIONS In this Agreement, the following expressions shall have the following meanings: Authorised User' shall mean an individual who is authorised by the Licensee to access the Licensee's information services available through the Licensee's Secure Network and who is (i) affiliated with the Licensee as a current student, faculty member, employee; or in some other capacity whereby are permitted t0 access such services in the Licensee's ordinary course of business; whether from a computer or terminal on the Licensee's Secure Network, or offsite via a modem link to a valid IP address on the Licensee's Secure Network; or (ii) physically present at the Site; they "Commercial Use" shall mean use for the purposes of monetary reward (whether by or for the Licensee; an Authorised User, or any other person or of exploitation of the Licensed Work(s); "Licensed Work(s)" shall mean the online version of the full OUP Journal's Archive details of which are set out in Appendix A; "Licensor Trademarks shall mean the designations OXFORD and OXFORD UNIVERSITY PRESS; advertising or other material contained in the Licensed Work(s) and accessed online: "Passwords shall mean any Licensee's password(s) required to be created in the Online Registration Materials; "Secure Network" shall mean network (whether a stand alone network or a virtual network within the Internet) which is only accessible to Authorised Users A cache server or any server or network which can be accessed by unauthorised users is not a secure network for these purposes; Server shall mean either Licensor s server Or a third party server designated by Licensor on which the Licensed Work(s) are mounted and through which the Licensee and its authorised Users may access to the Licensed Work(s) by means of the World Wide Web; gain "Site" shall mean the geographical site (or sites) in respect of which the Licensee has purchased an online subscription from which Authorised Users can access the Licensed Work(s) onsite from a computer or terminal on the Licensee's Secure Network located at the site and via which Authorised Users can additionally access the Licensed Work(s) offsite via a modem link to a valid IP address on the Licensee's Secure Network located at the site: ~Fees shall mean the total price agreed between the Licensor and the Licensee for the Licensed Work as stated in Appendix Dof the Licence Agreement. ## 2. GRANT OE LICENCE\_USAGE RIGHTS AND LIMITATIONS ON USE - 2.1 In consideration of the payment of the Fees as set out in Appendix D provided the Licensee complies in full with the terms and conditions of this Licence; the Licensor grants the Licensee the nonexclusive. non-transferable, worldwide, perpetual right to allow Authorised Users to access and use the Licensed Work(s) by means of one or more Secure Networks for the purposes of research, teaching, and private study . ## 2.2 Authorised Users may: - 2.2.1 access the Server by means of a Secure Network in order to search the Licensed Work(s) and to view, retrieve; and display portions thereof; - 2.2.2 electronically save portions of the Licensed Work(s); - 2.2.3 out single copies of portions of the Licensed Work(s); print - 2.2.4 provide Or electronic copies of all or any part of the Licensed Work(s to national or international regulatory authorities for the purposes of or in anticipation of regulatory approval andlor trademark applications or other regulatory purposes in respect of the Licensee'$ products or services. print ## 2.3 The Licensee and Authorised Users may not: - 2.3.1 remove or alter Licensor' s copyright notices or other means of identification or disclaimers as appear in the Licensed Work(s); they - 2.3.2 systematically make printed or electronic copies of multiple portions of the Licensed Work(s) for any purpose; except for classroom use; - 2.3.3 display or distribute any part of the Licensed Work(s) on any electronic network; including without limitation the Internet and the World Wide Web; other than a Secure Network; - 2.3.4 permit anyone other than Authorised Users to access or use the Licensed Work(s); - 2.3.5 use all or any part of the Licensed Work(s) for any Commercial Use. - 2.4 Where the Licensee is an academic library or part of a non-commercial organisation; then notwithstanding any restriction in clause 2.3, the Licensor hereby grants the Licensee the non-exclusive right to supply (whether by post; fax or secure electronic transmission; using Ariel or its equivalent; whereby the electronic file is deleted after printing) to another academic library in the same country as the Licensee or library which is part of a non-commercial organisation in the same country as the Licensee; for the purposes of research or private study and not for commercial use, a single paper copy of an electronic original of an individual document from a journal included in the Licensed Work(s). If the number of copies provided in any one calendar year for any one journal title to any one library exceeds five articles, the Licensee may (i) supply the article and pay the Licensor' s standard document delivery copyright royalty rate; (ii) forward the request to the Licensor who will undertake to provide the article on a pay per view basis; (iii) forward the request to a document delivery company; or (iv) return the request unfulfilled. The Licensor may request reports in respect of the Licensee's use of the Licensed Work(s) in such inter-library loans, provided the confidentiality of user data shall be maintained. - 2.5 If the Licensee is located in the United States of America; the Licensee agrees to fulfil such requests in compliance with Section 108 of the United States Copyright Law (17 USC I108, "Limitations on exclusive rights: reproduction by libraries and archives") and with guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines) from time to time, the text of which is available as part of the US Copyright Office Circular 21. ## RESPONSIBILITIES OF THE LICENSEE - 3.1 The Licensee will provide to the Licensor in writing all identifying information relating to the Licensee and its Authorised Users. The Licensee acknowledges that access to the Licensed Work(s) under this Agreement is conditional upon the Licensee providing this information: - 3.2 The Licensee will obtain at its cost all telecommunications and other equipment and software (including an Internet browser and portable document file reader) together with all relevant software licenses necessary to access the Licensed Work(s) online via the Licensee's Secure Network. ## 3.3 The Licensee will: - 3.3.1 be responsible for the confidentiality and all use of its Password(s); - 3.3.2 use all reasonable efforts to ensure that only Authorised Users are permitted access to the Licensed Work(s) by means of the Licensee's Secure Network; - take all reasonable steps to ensure that all Authorised Users abide by terms of this Agreement. - 3.4 The Licensee will notify Licensor as soon as practicable if it becomes aware of any of the following: (a) any loss or theft of the Licensee's Password(s); (b) any unauthorised use of any of the Licensee's Password(s); or (c) any breach by an Authorised User of the terms of this Agreement. Upon becoming aware of any breach of the terms of this Agreement by an Authorised User, the Licensee further agrees promptly to initiate disciplinary procedures in accordance with the Licensee's standard practice. ## 4 RESPONSIBILITIES OF LICENSOR - 4.1 Licensor shall use all reasonable efforts - 4.1.1 to make the Licensed Work(s) available by means of the World Wide Web to the Licensee; - 4.1.2 to ensure that the Server has sufficient capacity and rate of connectivity to provide the Licensee with a quality of service consistent with current standards in the World Wide Web on-line information provision industry; - 4.1.3 to restore access to the Licensed Work(s) as soon as possible in the event of an interruption or suspension of the service. ## ACKNOWLEDGEMENT AND PROIECTION OE INTELLECTUAL PROPERTY RIGHTS - 5.1 The Licensee acknowledges that all copyrights, patent rights, Licensor Trademarks, services marks, database rights, trade secrets and other intellectual property rights relating to the Licensed Work(s) (collectively the "Licensor Intellectual Property"), are owned by or exclusively licensed to the Licensor and that this Agreement does not convey to the Licensee any right, title, or interest therein except for the right to use the Licensed Work(s) in accordance with the terms and conditions of this Agreement. - 5.2 The Licensee shall notify Licensor promptly (i) of the facts and circumstances surrounding any unauthorised possession or use of the Licensed Work(s), or Licensor Intellectual Property, Or any portion thereof; and (ìi) on becoming aware of any claim by any third party that the Licensed Work(s) infringes an intellectual property or proprietary right of any third party. ## 6 REPRESENTATIONS AND WARRANTIES - 6.1 THIS AGREEMENT AND TO GRANT THE RIGHTS CONFERRED HEREIN TO THE LICENSEE AND THAT THE LICENSED WORK(S) DO NOT VIOLATE OR INFRINGE UPON ANY PATENT , COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHT OR CONTRACT RIGHT OF ANY THIRD PARTY. - 6.2 SAVE AS PROVIDED ABOVE, LICENSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AND MAKES NO REPRESENTATION THAT (I) THE LICENSED WORK(S) WILL BE OF SATISFACTORY QUALITY, SUITABLE FOR ANY PARTICULAR PURPOSE OR FOR ANY PARTICULAR USE UNDER SPECFFIED CONDITIONS , NOTWITHSTANDING THAT SUCH PURPOSE, USE; OR CONDITIONS MAY BE KNOWN TO LICENSOR; OR (II) THAT THE LICENSED WORK(S) WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) THAT THE MATERIAL PUBLISHED IN THE LICENSED WORK(S) IS EITHER COMPLETE OR ACCURATE - 6.3 IN NO CIRCUMSTANCES WIL LICENSOR BE LIABLE TO THE LICENSEE OR ANY THIRD PARTY FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH LICENSOR DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO FALLURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS , UNAUTHORISED ACCESS , THEFT, OR OPERATOR ERRORS . - 6.4 IN NO CIRCUMSTANCES WILL LICENSOR BE LIABLE TO THE LICENSEE OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES OR LOSS OF PROFITS INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR CORRUPTION OF DATA, LOSS OF PROGRAMS, LOSS OF BUSINESS OR GOODWIL, OR OTHER DAMAGES OR LOSSES OF ANY NATURE ARISING OUT OF THE USE OF, OR INABILITY TO USE THE LICENSED WORK(S) - 6.5 WITHOUT PREJUDICE TO THE INDEMNITY IN CLAUSE 7.1,THE LICENSEE AGREES THAT THE ENTIRE LIABIITY OF LICENSOR TO THE LICENSEE OR AUTHORISED USERS ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, BY STATUTE OR OTHERWISE) IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE LICENSED WORK(S) SHALL BE THE REFUND OF ANY FEE PAID TO THE LICENSOR FOR ONLINE ACCESS TO THE LICENSED WORK(S). ## 7. INDEMNIFICATION AND FORCE MAIEURE - 7.1 Notwithstanding the limitation of liability in clause 6.5, Licensor shall defend, indemnify, and hold the Licensee harmless all claims, suits , proceedings, losses, liabilities, and damages (including costs; expenses; and reasonable attorneys' fees) asserted by third parties against the Licensee which arise out of any act or omission by Licensor that constitutes a breach of Licensor's warranties hereunder. NO LIMITATION OF LIABLLITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION against - 7.2 The Licensee shall defend, indemnify, and hold Licensor harmless against all claims; suits; proceedings, losses, liabilities; and damages (including costs, expenses, and reasonable attorneys' fees) arising from (i) any unauthorised use or dissemination of the Licensed Work(s) by the Licensee or Authorised Users and (ii) any violation of this Agreement. - 7.3 The obligations in clauses 7.1 and 7.2 will survive the termination of this Agreement. - 7.4 The Licensee and Licensor shall not be responsible to one another for any failure to perform any obligation under this Agreement due to Acts of God, war, riot; embargoes; acts of civil or military authorities; fire, flood, typhoon; wind storm; snow storm; blizzard, hurricane, or other cause that is outside the control of the party and could not be avoided by the exercise of due care: Notwithstanding the occurrence of any of the events set forth in this clause, the parties shall at all times use reasonable efforts to perform all obligations under this Agreement in a timely manner, taking account of the existing circumstances . ## 8 TERMINATION - 8.1 The Licensee may terminate this Agreement at any time by notice in writing to the Licensor PROVIDED THAT such termination does not entitle the Licensee t0 any refund of fees paid, except for cause. - 8.2 Either party may terminate this Agreement forthwith by serving written notice on the other in the event that the other party commits a material breach of this Agreement and in the case of a breach capable of remedy fails to remedy the same within 30 of a request so to do. Without limitation; a breach by the Licensee of the provisions of Clause 3.3 or 3.4 above would constitute a material breach of this Agreement. days - 8.3 Licensor reserves the right at any time on 30 notice to the Licensee to terminate this Agreement in respect of any individual title in the Licensed Work(s) due to ceasing publication of such title. days ## 9 GENERAL - 9.1 This Agreement is personal to and binding on the parties and neither this Agreement nor any of the rights under it may be assigned or sublicensed. - 9.2 All notices required to be given under this Agreement shall be given in writing in English and left at or sent by first class registered or recorded delivery to the appropriate address shown at the head of this Licence; or such other address as the party concerned shall from time to time designate by notice pursuant to this Clause. Such notices shall be deemed to be delivered (i) when left at the addressee's address; or (ii) if posted 10 (ten) days after posting. All notices to Licensor shall be marked for the attention of the Group Legal Director. All notices to the Licensee shall be marked for the attention of the person whose contact details are given in the Online Registration Materials. - 9.3 This Agreement constitutes the entire agreement of the parties about its subject matter, supersedes all prior communications, understandings and agreements whether written or oral) relating to its subject matter and may not be amended or modified except by agreement in writing signed by both parties . - 9.4 No provision in this Agreement is intended to be enforceable by a person who is not a party to this Agreement. - 9.5 The rights of the parties arising under this Agreement shall not be waived except in writing. waiver of any of a party's rights under this Agreement or of any breach of this Agreement by the other party shall not be construed as a waiver of any other rights or of any other further breach. Any - 9.6 This Agreement shall be governed and construed in accordance with California state law - 9.7 Headings used in this Agreement are for convenience only and are deemed not to be of the Agreement. part - 9.8 Licensor shall use reasonable efforts to provide continuous service seven (7) days a week with an average of 989 up-time per month. The 2% down-time includes periodic unavailability due to maintenance of OUP's server(s) the installation or testing of software and the loading of additional Licensed Materials as become available, Scheduled down-time will be performed at a time to minimize inconvenience to Licensee and its Authorized Users. they - 9.9 In the event that Licensor utilizes any type of digital rights management technology to control the access or the usage of Licensed Work, Licensor agrees to notify Licensee of the name, contact information and any technical specifications for the digital rights management technology utilized. - 9.10 If Licensor utilizes any type of digital watermarking technology for any element of the Licensed Work, Licensor agrees that watermarks will not be visible to the human eye and will not degrade image quality. These watermarks shall not contain user-related information such as account number or IP address . If digital watermarking technology is used, Licensor agrees to notify Licensee; in advance; of the name, contact information; and any technical specifications for the technology used. We accept the terms of this Licence: [Text Deleted] ihe Regents of the University of California [Text Deleted] date: . Duly authornsed on behalt ot Uxford University Press ## Appendix A the Licensed Work - 1 . African Affairs 1902 - 2. Age and Ageing 1972 - 3 Alcohol and Alcoholism 1966 - 4 American Journal of Epidemiology 1925 - 6. Annals of Botany 1908 - 5. American Literary History 1989 - Annals of Occupational Hygiene 1957 - 9. Applied Linguistics 1980 - 8. Annals of Oncology 1990 - 10. Behavioral Ecology 1990 - 11. Bioinformatics 1985 - 12. Biometrika 1914 - 13. BJA: British Journal of Anaesthesia 1958 - 14. Brain 1878 - 16. The British Journal of Aesthetics 1961 - 15. The British Journal for the Philosophy of Science 1950 - 17. The British Journal of Criminology 1961 - 18. The British Journal of Social Work 1971 - 19. British Medical Bulletin 1945 - 20. Cambridge Journal of Economics 1977 - 22 Carcinogenesis 1980 - 21 . The Cambridge Quarterly 1972 - 23. Cerebral Cortex 1991 - 24. Chemical Senses 1976 - 25 . Community Development Journal 1966 - Contributions to Political Economy 1982 - 26. The Computer Journal 1958 - 28. Early Music 1973 - 29. ELT Journal 1947 - 30. English Historical Review 1886 - 32. Essays in Criticism 1951 - 31. Epidemiologic Reviews 1979 - 33. European Heart Journal 1980 - The European Journal of Public Health 1991 - 34. The European Journal of Orthodontics 1979 - 36. European Review of Agricultural Economics 1974 - 38. Family Practice 1984 - 37. European Sociological Review 1985 - 39. Forestry: An International Journal of Forest Research 1928 - 41. French History 1987 - 40. Forum for Modern Language Studies 1965 - 42. French Studies 1947 - 44. Glycobiology 1991 - 43 . French Studies Bulletin 1981 (Included in the Archive from 2007) - 45. Health Education Research 1986 - 47. Health Promotion International 1986 - 46. Health Policy and Planning 1986 - 48. History Workshop Journal 1976 - 49. Holocaust and Genocide Studies 1987 - 50. Human Molecular Genetics - 51. Human Reproduction 1986 - 52. Human Reproduction Update 1995 - 53. ICES Journal of Marine Sciences 1903 (Included in the Archive from 2007) - 54. IMA Journal of Applied Mathematics 1938 - 56. IMA Journal of Mathematical Control and Information 1984 - 55. IMA Journal of Management Mathematics 1990 - 57. IMA Journal of Numerical Analysis 1981 - 59. Industrial Law Journal 1972 - 58. Industrial and Corporate Change 1992 - 60. Integrative and Comparative Biology 2002. (First published in 1961 as American Zoologist) - 62. International Immunology 1989 - 61. International and Comparative Law Quarterly 1952 - 63. International Journal for Quality in Health Care 1989 - 65. International Journal of Law and Information Technology 1993 - 64. International Journal of Epidemiology 1972 - 66. International Journal of Policy and the Family 1987 Law, - 68. International Journal of Public Opinion Research 1989 - 67 . International Journal of Lexicography 1988 - 69. International Journal of Refugee 1989 Law - 71. Japanese Journal or Clinical Oncology 1971 - 70. IT Now (formerly the Computer Bulletin) 1957 - 72. Journal of African Economies 1992 - 74. Journal of Biochemistry 1937 - 73 . Journal of Antimicrobial Chemotherapy 1978 - 75. Journal of Design History 1988 - 77 . Journal of Environmental Law 1989 - 76. Journal of Electron Microscopy 1952 - 78 Journal of Experimental Botany\_ 1950 - 80. Journal of Islamic Studies 1990 - 79. Journal of Heredity 1910 - 81. Journal of Law, Economics, & Organization 1985 - 83 . Journal of Molluscan Studies 1935 - 82. Journal of Logic and Computation 1991 - 84. Journal of Pediatric Psychology 1976 - 86. Journal of Plankton Research 1979 - 85 . Journal of Petrology 1960 - 87 . Journal of Public Administration Research 1991 - 89. Journal of Refugee Studies 1988 - 88 . Journal of Public Health 1979 - 90. Journal of Semantics 1984 - 92. Journal of the American Academy of Religion 1933 - 91. Journal of Semitic Studies 1956 - 93. Journal of the History of Collections 1988 (Included in the Archive from 2007) - 95. Journal of the National Cancer Institute 1988 - 94. Journal of the History of Medicine and Allied Sciences 1946 - 96. Journal of the Royal Musical Association 1876 - 98. Journal of Tropical Pediatrics 1955 - 97. Journal of Theological Studies 1900 - 99. Literary and Linguistic Computing 1986 - 101.Logic Journal of the IGPL 1924 - 100.Literature and Theology 1987 - 102.The Library 1889 - 104.Medical Law Review 1993 - 103 .Mathematical Medicine and Biology: A Journal of the IMA 1984 - 105.Mind 1876 - 106.Modern Judaism 1981 - 107 Molecular Human Reproduction 1995 - 108.Music and Letters 1920 - 109 .The Musical Quarterly 1917 - 111 .Nephrology Dialysis Transplantation 1986 - 110 Mutagenesis 1986 - 112.Notes and Queries - 1849 - 113.Nucleic Acids Research 1973 - 1985 - 1l4 .Occupational Medicine 1951 - 116.Oxford Art Journal - 1977 (Included in the Archive from 2007) - 118.Oxford Journal of Legal Studies 1981 - 117.Oxford Economic Papers 1938 - 119.Oxford Review of Economic Policy \_ 1985 - 121 Past & Present 1929 - 120. Parliamentary Affairs 1948 - 122. Philosophia Mathematica 1964 - 124. Political Analysis - 123. Plant and Cell Physiology 1960 - 1991 - 125.Protein Engineering 1988 - 127.Publius 2006 - 126.Public Opinion Quarterly 1937 - 128.QJM: An International Journal of Medicine 1908 - 130.Quarterly Journal of Mechanics and Applied Mathematics 1948 - 129.Quarterly Journal of Mathematics 1930 - 131Refugee Survey Quarterly 1982 - 133 .Review of Financial Studies 1996 - 132.Review of English Studies 1925 - 134.Rheumatology 1962 - 136.Social Politics: International Studies in Gender, State & Society 1994 - 135.Social History of Medicine - 1980 - 139 Toxicological Sciences 1991 - 138.Teaching Mathematics and its Applications 1982 - 140.Twentieth Century British History 1990 - 142.World Bank Research Observer 1986 - 141.World Bank Economic Review 1987 - 143.Year's Work in Critical and Cultural Theory 1993 - 144.Year's Work in English Studies 1922 ## Asterisk indicates overlap with JSTOR title ## Appendix B - Campuses of the University of California University of California; Berkeley University of California, Davis University of California, Irvine University of California, Los Angeles University of California, Riverside University of California; San Diego University of California; San Francisco University of California, Santa Barbara University of California, Santa Cruz University of California, Merced University of California Office of the President ## CDL Acquisitions Contact ## [Text Deleted] [Text Deleted] Geisel Library University of California 9500 Gilman Drive #0175A La Jolla, CA 92093-0175 voice fax [Text Deleted] ## CDL Technical Contact ## [Text Deleted] [Text Deleted] [Text Deleted] Sr. Programmer Analyst California Digital Library 415 20" Street, 4* Floor 94612 voice fax ## Appendix C \_ University of California [P Address List UC Berkeley [Text Deleted] [Text Deleted] UC Davis UC Irvine [Text Deleted] UC Los Angeles [Text Deleted] [Text Deleted] UC Riverside [Text Deleted] UC San Francisco [Text Deleted] ## UC Santa Barbara [Text Deleted] UC Santa Cruz [Text Deleted] UC San Diego [Text Deleted] UC\_Office of the President [Text Deleted] California Digital Library [Te [Text Deleted] Del ete d] ## Appendix D Business Terms ## Licensed Works: Oxford Journals Complete Archive [Text Deleted] [Text Deleted] Ongoing hosting fees Fees: One-time CDL cost: ## Additional Terms: - Includes all ten (10) University of California campuses, plus UC Office of the President - Includes all titles in 2006 Complete Archive. - Future OUP titles (new acquisitions and launches) are not included. - Titles listed in Appendix E 31 additional titles published by Oxford in 2006 will be included in Licensed Works at no additional cost; should their archives be digitized. It is understood that OUP are currently unable to load the archive content for these journals on a title-by-title basis; if the digital backfiles are bundled together on our system with that of titles not included in this agreement (new acquisitions and launches), OUP are currently unable to separate them. When content is bundled together in this manner, OUP will, subject to approval, invoice licensee for the cost of the backfiles to the non-licensed journals only, so that access can be given. - Licensor agrees to provide Complete Archive content to Ithaka Harbor's Portico for archival retention. - For titles lost to archive; title price by Licensee will be credited to future Licensee fees due. paid ## Appendix E \_ 2006 Backfiles Not Yet Digitized American Law and Economics Review Biostatistics Brief Treatment and Crisis Intervention Chinese Journal of International Law Continuing Education in Anaesthesia, Critical Care & Pain Enterprise & Society: The International Journal of Business History Europace European Journal of International Law Human Rights Law Review International Journal of Constitutional Law International Relations of the Asia-Pacific Journal of Competition Law and Economics Journal of Conflict and Security Law Journal of Deaf Studies and Deaf Education Journal of Economic Geography Journal of Financial Econometrics Journal of International Criminal Justice Journal of International Economic Law Journal of the ICRU Law, Probability and Risk Molecular Biology and Evolution Radiation Protection Dosimetry Review of Financial Studies Schizophrenia Bulletin Screen Social Science Japan Journal Socio-Economic Review

- 8.1 The Licensee may terminate this Agreement at any time by notice in writing to the Licensor PROVIDED THAT such termination does not entitle the Licensee t0 any refund of fees paid, except for cause. - 8.2 Either party may terminate this Agreement forthwith by serving written notice on the other in the event that the other party commits a material breach of this Agreement and in the case of a breach capable of remedy fails to remedy the same within 30 of a request so to do. Without limitation; a breach by the Licensee of the provisions of Clause 3.3 or 3.4 above would constitute a material breach of this Agreement. days - 8.3 Licensor reserves the right at any time on 30 notice to the Licensee to terminate this Agreement in respect of any individual title in the Licensed Work(s) due to ceasing publication of such title. days

a1397b43-da18-4a6b-9641-9da281507a66

Newsbank_Readex-Evans_Digital_Edition_2003_REDACTED

## NewsBankReadex Evans: Digital Edition License Agreement ## 1. Parties and Acceptance This Agreement is between the institution named below, as licensee ("Customer") and NewsBank, a Delaware corporation its principal place of business at 5020 Tamiami Trail N, Ste 110, Naples;, Florida 34103 ("NewsBank"), as licensor. This Agreement shall become effective the earlier of (a) when NewsBank receives a copy of this Agreement signed by Customer; o () when Customer accepts delivery of the NewsBank/Readex Evans: Digital Edition product ( Product) . For purposes of this Agreement; delivery includes either shipment of physical goods or access by electronic means. This Agreement includes any attachment hereto, such as a rider, order confimmation; invoice; or quotation; specifying terms for a particular Customer. inc., having ## 2. Product The Product subject to this Agreement consists of (1) the Evans: Digital Edition database(s) and (2) software provided by NewsBank to Customer to search for and retrieve data from the database(s) . NewsBank may provide the Product in any medium; as agreed to by Customer, including remote online access through a proprietary network or the Internet. ## 3. License - a. NewsBank grants to Customer and to Customer's Authorized Users; defined herein as limited to staff; faculty, and studentslpatrons of the Customer's institution or organization as well as other users of the Customer's on-site computer facilities; on the terms set forth in this Agreement and any attachment hereto; a non-exclusive; nonassignable; concurrent-use license to use the Product at the licensed site(s) identified in the attachment hereto (the "Licensed Site") Customer understands and acknowledges that its use is subject, after reasonable notice; to restrictions and disclaimers that NewsBank or its suppliers publish, from time to time. - b. The licensed use of the Product consists of access; search; retrieval; viewing; printing; and downloading: and downloading are limited to insubstantial portions of the for temporary storage. Printing data, - Customer will take reasonable steps to ensure that only Customer's Authorized Users use the Product; and that Customer's Authorized Users do so in accordance with this Agreement. - d Customer max\_include copies (hardcover or downloaded) of items\_from the tothe Authorized Users for their use in connection with classroom instruction andor (ii)in reserves (print or digital)set up by Customer s libraries for access prohibited - e. ## NewsBankReadex Evans: Digital Edition License Agreement pursuant to the foregoing provision will not exceed 5 in any calendar Year; any breach of the forgoing warranty\_shall be deemed a material breach ## 4. Express Restrictions - a. On-Site Use: Customer may make the Product available for authorized use at the Licensed Site over a computer network to the number of concurrent users listed in the attachment hereto. - b. Remote Use: Customer, if granted a remote-use license; defined in the attachment hereto, may make the Product available to Customer's Authorized Users who are not at the Licensed Site. NewsBank to such Customers the non-exclusive right to provide to the licensed number of concurrent users noncommercial access to the Product under the following conditions: grants ## OR - Users must access the Product only through the server or network located at the Licensed Site and Customer's server or network must have adequate security to allow access only by Authorized Users. - ii Users must access the Product only through user authentication programs supplied to Customer by NewsBank ## 5. Intellectual Property - a Customer acknowledges that the Product consists of materials copyrighted by third parties and containing trademarks owned by third parties; and that NewsBank owns the copyright of the compilations of these materials. Customer acknowledges that its use of the Product, including use by Customer's Authorized Users; must not the rights of any third parties. - b States; Customer and Customer's Authorized Users will reproduce or store; and allow to reproduce or store; only insubstantial portions of the Product; resulting from specific searches for Customer and Customer's Authorized Users' internal use. Customer and Customer's Authorized Users will not store or use, or allow to store or use; any portion of the Product in a searchable database without written permission of NewsBank as agent for the underlying copyright-holders. ## 6. Warranty, Liability, Indemnity - a. NewsBank does not warrant that use of the Product will be uninterrupted or error-free. - b. As a provider of data supplied by others, NewsBank does not warrant the accuracy or completeness of the Product; or results obtained by them. NewsBank disclaims liability for any offensive; defamatory, or infringing materials in the Product. using - c Customer will take reasonable steps to ensure that Customer's Authorized Users will use the Product according to the terms of this Agreement; and that will not bypass; or attempt to defeat; NewsBank's or Customer's security measures preventing unauthorized use of the Product. they ## NewsBankReadex Evans: Digital Edition License Agreement - d To the extent allowed by The Customer agrees to indemnify defend and viohtion by the Customer of subparagraph law, - NEWSBANK DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. - Neither NewsBank nor its suppliers will be liable for consequential or punitive some states. - g NewsBank warrants\_to the\_best of its knowledge\_that it has the authority to enter - h NewsBank will indemnify Customer against all claims\_liability\_and expenses claim for infringement or violation of that third party's intellectual property or proprietary rights in the product or software associated with the product but only to the extent such items remain unaltered and as-provided to the Customer bx NewsBank and further provided that Customer's use of the Product has not exceeded the scope of the license granted hereunder.NOLIMITATION OF LIABILITYSET FORIH ELSEWHERE IN THIS AGREEMENTIS APPLICABLE TO THIS INDEMNIFICATION - Each party shall give the other prompt notice of any indemnification claim under this Section 6 The indemnifying party shall have the right to control the defense of the claim Ihe indemnified party may participate in the defense at its own ## 7. Term; Termination and Perpetual License - a. This Agreement will be in effect during the Product subscription period and subsequent Product subscription renewal periods. Customer may not sell or otherwise transfer ownership of the physical media: In the event that either party believes that the other\_materially\_ has\_breached any obligations under this Agreement; or if NewsBank believes that Customer has exceeded the scope of aleged breach and to notify\_the\_non-breaching party in writing that cure has been effected\_Ifthe\_ breach is not cured within the thirty B0 day - b Except for termination for cause; NewsBank hereby grants to Customer a nonexclusive; royalty-E perpetual license to the Product; provided that the parties shall have agreed on fees for such use and such fees have been Such use shall be in accordance with the provisions of this Agreement; which provisions shall survive any termination of this Agreement: free, paid. ## NewsBanklReadex Evans: Digital Edition License Agreement ## 8. Disputes - a. This document; including any attachment; is the entire Agreement between Customer and NewsBank. It may be modified only in writing; signed by both parties. A party's failure to exercise a right under this Agreement will not waive its other rights. provision found to be unenforceable will be construed for maximum effect; and will not impair the other provisions. Any - b Disputes will be subject to Califomia law without giving effect to its choice-oflaw provisions) The parties mutually agree that all disputes between them will be decided exclusively in the home state of the party against whom that suit complaint by certified United States postal mail or its domestic or foreign equivalent. ## 9 Other Provisions - Iext Conversion Partnership (TCP) Cooperation: To ensure that the Product is of a set of well-integrated resources covering this historical time period; NewsBank agrees to cooperate with the TCP project. part - Cancellation of Other Formats: There is no restriction on canceling subscriptions for print or other formats for the titles represented in the Product. - Future\_Updates: The purchase price includes all instances of changes or updates to the content provided for the years licensed:. - Stable\_URL: NewsBank will provide the Customer the stable URLs for the Product that generates either: - Linking: The Califomia Digital Library (CDL) will provide links to the Product from its OPAC and also from the Product citations to University of Califomnia holding statements . NewsBank will take reasonable steps to investigate the commercial practicality of implementing via Open URLISFX linking - a) The Customers NewsBank-Readex Product Homepage or A direct link to the Product Homepage - SearchLight: SearchLight is Califomnia Digitals Library's database tool that helps users select appropriate databases by permitting a single-query broadcast search over many databases: NewsBank will take reasonable steps to investigate the commercial practicality of providing a separate SearchLight access and search page for the Product. More detailed information about SearchLight is available at: path - Authentication: While the initial means of authentication will be via IP address; as the University of Califomia begins to move to certificate authentication; NewsBank will take reasonable to investigate the commercial practicality of implementing additional or alternative authentication measures. steps- - http:www.cdlib orgaboutpublisher\_info\_pub/CDL\_DB Vendor 60401.rtf Usage Statistics: NewsBank will provide usage statistics to the University of Califomia at the Campus/Lab level on a monthly basis for the Product. NewsBank will provide statistics in compliance with ICOLC standards. (More details are available at http:l/www library yale edulconsortia/2001webstats htm) Note: The detail level of reporting is subject to the type of authentication method used per Campus/Lab. Req - Legal Authority: Customer signs the Agreement on behalf of the ten (10) University of Califomnia Campuses and the University of Califomnia, Office of the President; as set forth in Exhibit A (hereafter referred to as "Campuses" or "Campus'"). The Campuses are entitled to rights, responsibilities; and privileges ## NewsBankReadex Evans: Digital Edition License Agreement as set forth for the Customer under this Agreement. The Customer warrants and represents that it has the agreement of all Campuses to enter into this Agreement; and each Campus accepts and agrees to the terms and conditions of this Agreement; as if it has itself executed same. - Performance Guarantee: NewsBank shall use commercially reasonable efforts to provide continuous service to the Product seven (7) a week with an average of 98% up-time per month. The 2% down-time includes periodic unavailability due to maintenance of the server(s) , the installation or testing of software; the loading of additional licensed materials as become available; and downtime related to the failure of equipment or services within the control of NewsBank. Scheduled down-time will be performed at a time to minimize inconvenience to the Customer and its Authorized Users. If NewsBank fails to provide access to the Product in conformance with the terms of this provision Customer shall immediately notify NewsBank, and NewsBank shall promptly use commercially reasonable efforts to restore access to the Product as soon as possible. In the event that NewsBank fails to repair the nonconformity within a reasonable amount of Customer is granted the right to terminate the agreement with 30 notice: If such termination occurs, NewsBank will provide Customer with a prorated refund for the amount of time remaining on the contract. The prorated refund amount will be calculated by determining a daily rate for the current yearly maintenance fee. days they time; days NewsBank, inc. Authorized By: Name: Title: Sales & Marketing Project Manager Signature: Date: NewsBank Customer Institution: Regents of the University of California Authorized By: Name: Title: Signature: Date: Lic042903SDS ## NewsBanklReadex Evans: Digital Edition License Agreement ## Exhibit A University of California, Berkeley University of Califomnia; Davis University of California; Irvine University of California; Los Angeles University of California; Merced University of California, Riverside University of California, San Francisco University of Califomia; Santa Cruz University of Califomnia, Office of the President Diego ## Appendix I Business Temms ## 1. Punchase Price Califomia Digital Library agrees to pay the fees set forh in exchange for the products and services detailed in this license: - a) License fee for the Evans Digital Archive content - b) (5-year - Annual Online Access fee for the Evans Digital Archive content access fee prepayment) Note: The Annual Evans Digital Online Access fee is per year based on a prepayment (Normally, per year) . 5-year - on Annual Access Fee: There is a annual cap on the Annual Fee for a similar 5-year prepayment purchase. Cap Access - MARC Records: Fee for 36,000 MARC Records for centrally or locally in online campus loading catalogs The initial 36,000 MARC records will be provgd when available (Expected on or before 12/31/03). For the Product content that is not yet available online, NewsBank will make MARC records available free of upon the final completion of the Product as become available. Note: charge they ## 2. Other Temms - Concurent User Unlimited Users Policy: - b) Subscription Period: January 1 co December 31 of each year: - c) - Invoicing: NewsBank inc: shall send the invoice (Totaling referenced content to: Deputy University Librarian University of Califomia Office of the President Califomnia Digital 415 2Oth Street Library for the above

1088609c-828e-47a8-a945-0600c158bbc0

LAnnee_philologique_2007REDACTED

## LICENSE AGREEMENT ## SOCIETE D'ÉDITION LES BELLES LETTRES AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA This License Agreement (this "Agreement' is made effective as of 1 2007 (the "Effective Date") between Société d'Édition Les Belles Lettres; 95 boulevard Raspail, 75006 Paris, France ("Licensor' and The Regents of the University of California; a non-profit academic institution, with its principal offices at The California Digital Library, University of California Office of the President; 415 20t Street, 4t floor; Oakland, CA 94612, USA ("Licensee") May In consideration of the mutual promises contained herein and other and valuable consideration; the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: good ## LCONTENT OE LICENSED MATERIALS; GRANT OF LICENSE The materials that are the subject of this Agreement shall consist L'Année philologique sur Internet (hereinafter referred to as the "Licensed Materials") Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement. ## IL DELIVERY/ACCESS OF LICENSED MATERIALS IO LICENSEE Licensor will provide the Licensed Materials to the Licensee in the following manner: Network\_Access The Licensed Materials will be stored at one or more Licensor locations in digital form accessible by telecommunications links between such locations and authorized locations of Licensee. ## IIL FEES Licensee shall make payment to Licensor for use of the Licensed Materials as detailed in Appendix A All fees are due and payable by Licensee (60) after the date of invoice from Licensor. sixty days ## IV AUTHORIZED UsE OF LICENSED MATERIALS ## Authorized Users: are: Persons\_Affiliated with the\_University of California Full and part time employees (including faculty, staff, and independent contractors) and students of Licensee and the institution of which it is a part; regardless of the physical location of such persons. For campus locations see Appendix B. Walk-ins Patrons not affiliated with Licensee who are physically present at Licensee's site(s) ("walk-ins") Access by and Authentication of Authorized Users: Licensee and its Authorized Users shall be granted access to the Licensed Materials pursuant to the following: IPAddresses . Authorized Users shall be identified and authenticated by the use of Internet Protocol (-IP" addresses provided by Licensee to Licensor. The use of proxy servers is permitted as as any proxy server IP addresses provided limit remote or off-campus access to Authorized Users . long Authorized Uses: Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with the Fair Use Provisions of United States and international copyright laws. In addition; the Licensed Materials may be used for purposes of research; education or other non commercial use as follows: Display Licensee and Authorized Users shall have the right to electronically display the Licensed Materials . Digitally Licensee and Authorized Users may download and digitally copy a reasonable portion of the Licensed Materials . Copy Print Licensee and Authorized Users may a reasonable portion of the Licensed Materials . print Copy Recover Copying Costs: Licensee may a reasonable fee to cover costs of copying or printing portions of Licensed Materials for Authorized Users. charge Collections\_of Information: Licensee and Authorized Users shall be permitted extract or use information contained in the Licensed Materials for educational, scientific, or research purposes; including extraction and manipulation of information for the purpose of illustration; explanation; example; comment; criticism; teaching; research, or analysis. to Course\_Packs Licensee and Authorized Users may use a reasonable portion of the Licensed Materials in the preparation of Course Packs or other educational materials . Coursc\_Rescrves\_(Print\_and\_Electronic) Licensee and Authorized Users may use reasonable portion of the Licensed Materials for use in connection with courses of instruction offered by the University of California. specific Electronic\_Links. The University of California is committed to the use OpenURL standard to allow linking to related materials in other locations. If Licensor does not use the OpenURL standard; Licensor staff will provide information to Licensee upon request to assist the Licensee in creating links directly from UC's library catalogs and licensed resources to the content at the journal, issue and article levels. Scholarly\_Sharing Authorized Users may transmit to third party in hard copy Or scholarly, educational, or scientific research or professional use but in no case fot resale or commercial purposes. Interlibrary\_Loan Using electronic; paper, or intermediated means such as Ariel, Licensee may fulfill occasional requests from other institutions ; a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC 8108, "Limitations on exclusive rights: Reproduction by libraries and archives and the Guidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works. ## Amount of Authorized Use: Simultaneous\_Access Subject to the terms of this Agreement, Licensee and its Authorized Users shall allow 10 simultaneous users per campus, except for UC Berkeley, with unlimited simultaneous use ## V SPECIFIC RESTRICTIONS ON USE OE LICENSED MATERIALS Unauthorized Use Licensee shall not knowingly anyone other than Authorized Users to use the Licensed Materials . permit Modification of Licensed Materials Licensee shall not modify; manipulate, or create a derivative work of the Licensed Materials without the written permission of Licensor. prior Removal of Copyright\_Notice Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials . Commercial Purposes Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials, fee-for-service use of the Licensed Materials, or bulk reproduction or distribution of the Licensed Materials in any form; nor may Licensee impose special charges on Authorized Users for use of the Licensed Materials beyond reasonable printing or administrative costs . ## VL MUIUAL PERFORMANCE QBLIGATIONS Confidentiality of User Data Licensor and Licensee agree to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee and its Authorized Users. Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate form: Raw usage data, including but not limited to information relating to the identity of specific users and/or uses, shall not be provided to any third party. implementation of security and control protocols and procedures as are developed during the term of this Agreement. they ## VIL LICENSOR PERFORMANCE QBLIGATIONS Availability of Licensed Materials: Upon the Effective Date of this Agreement, Licensor shall make the Licensed Materials available to Licensee and Authorized Users. Documentation Licensor will provide and maintain help files and other appropriate user documentation. Quality of Service Licensor shall use reasonable efforts to ensure that the Licensor's server or servers have sufficient capacity and rate of connectivity to provide the Licensee and its Authorized Users with a quality of service comparable to current standards in the on-line information provision industry in the Licensee's locale. Notification of Modifications of Licensed Materials Licensee understands that from time to time the Licensed Materials may be added to, modified, or deleted from by Licensor andlor that portions of the Licensed Materials may migrate to other formats. Completeness\_of Content . Licensor shall use reasonable efforts to ensure that the online content is at least equivalent to versions of the Licensed Materials, represents complete, faithful and timely replications of the versions of such Materials, and will cooperate with Licensee to identify and correct errors or omissions . print print Notice of Terms of 'Click-Through License Terms. In the event that Licensor requires Authorized Users to agree to terms relating to the use of the Licensed Materials before permitting Authorized Users to access to the Licensed Materials (commonly referred to as ~click-through licenses) , Licensor shall provide Licensee with notice of and an opportunity to comment on such terms to their implementation. In no event shall the terms of such 'clickthrough" licenses materially differ from the provisions of this Agreement. In the event of any conflict between the terms of such "click-through licenses and this Agreement, the terms of this Agreement shall prevail . gain prior ## VIIL\_LICENSEE PERFORMANCE QBLIGATIONS efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Materials is granted under this Agreement including; in particular, any limitations access Or use of the Licensed Materials as set forth in this Agreement. on reasonable efforts to provide Authorized Users with notice of any applicable Intellectual Property or other rights applicable to the Licensed Materials . Licensee shall make reasonable efforts to prevent the infringement of any Intellectual Property or other rights of the Licensor in the Licensed Materials . Licensee shall promptly notify Licensor of any infringement that comes to Licensee's attention; and take appropriate steps to avoid its recurrence. Protection from Unauthorized Use Licensee shall use reasonable efforts to protect the Licensed L'Année Philologique 4-13-10 Materials from any use that is not permitted under this Agreement. In the event of any unauthorized use of the Licensed Materials by an Authorized User, (a) Licensor may terminate such Authorized User's access to the Licensed Materials, (b) Licensor may terminate the access of the Internet Protocol ( "IP") address(es) from which such unauthorized use occurred, andlor (c) Licensee shall terminate such Authorized User's access to the Licensed Materials upon Licensor's request. Licensor shall take none of the steps described in this paragraph without first providing a (60) notice to Licensee and cooperation with the Licensee to avoid recurrence of any unauthorized use. day sixty Maintaining Confidentiality of\_Access Passwords Where access to the Licensed Materials is to be controlled by use of passwords, Licensee shall issue log-on identification numbers and passwords to each Authorized User and use reasonable efforts to ensure that Authorized Users do not divulge their numbers and passwords to any third party . ## IX TERM This Agreement shall continue in effect for one (1) year commencing on the Effective Date. ## X RENEWAL This agreement shall be renewable at the end of the current term for a successive one-year terms unless either party gives written notice of its intention not to renew thirty (30) days before expiration of the current term. ## XL EARLY TERMINATION In the event that either party believes that the other materially has breached any obligations under this Agreement; or if Licensor believes that Licensee has exceeded the scope of the License; such party shall so notify the breaching party in writing: The breaching party shall have sixty (60) from the receipt of notice to cure the alleged breach and to notify the non breaching party in writing that cure has been effected . If the breach is not cured within the sixty (60) period; the non-breaching party shall have the right to terminate the Agreement without further notice. days day Upon Termination of this Agreement for cause online access to the Licensed Materials by Licensee and Authorized Users shall be terminated. Authorized of Licensed Materials may be retained by Licensee or Authorized Users and used subject to the terms of this Agreement. copies In the event of early termination permitted by this Agreement; Licensee shall be entitled to a refund of any fees or pro-rata portion thereof by Licensee for any remaining period of the Agreement from the date of termination. paid ## XIL [RESERVED] ## XIIL WARRANTIES Subject to the Limitations set forth elsewhere in this Agreement: Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials, that it has obtained any and all necessary permissions from third parties to license the Licensed Materials, and that use of the Licensed Materials by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party . ## XIVLIMITATIONS ON WARRANTIES Notwithstanding anything else in this Agreement: Neither party shall be liable for any indirect; special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption; or loss of profits; arising out of the use of or the inability to use the Licensed Materials . Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein; libel, infringement of rights of publicity; privacy, trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated herein; the Licensed Materials are provided on an as is' basis, and Licensor disclaims any and all other warranties, conditions; or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation; any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be by the transmission of a computer virus, worm; time bomb, logic bomb Or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party. caused ## XV. INDEMNITIES The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses, claims; damages; awards, penalties; or injuries incurred, including reasonable attorney's fees; which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. ## XVL\_ASSIGNMENT AND TRANSFER Neither party may directly or indirectly, all or part of its rights or obligations under this Agreement without the written consent of the other party; which consent shall not be unreasonably withheld or delayed. assign, prior ## XVIL\_ GovERNING LAW This Agreement shall be interpreted and construed according to, and governed by, the laws of California, excluding any such laws that might direct the application of the laws of another jurisdiction: The federal or state courts located in California shall have jurisdiction to hear any dispute under this Agreement . ## XVIIL DISPUTE RESOLUTION In the event any dispute or controversy arising out of or relating to this Agreement; the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. Mediation In the event that the cannot by exercise of their best efforts resolve the dispute, shall submit the dispute to Mediation: The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both shall attempt to resolve the dispute within five (5) working days after such notice. If those designated representatives cannot resolve the dispute; the shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties, who shall act in faith to meeting; the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement. parties they parties parties good Arbitration controversies Or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with international arbitration rules. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the are unable to agree to such a selection;, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator . The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually upon by the parties. Any parties agreed All documents, materials , and information in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying later than sixty (60) after the notice of arbitration is served. days no The arbitrator(s) shall not have the authority; power; or right to alter; change; amend, modify, add; or subtract from any provision of this Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding; the parties shall continue to perform their respective obligations under this Agreement. ## XIX\_FORCE MAJEURE Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such or default is caused by conditions beyond its control including; but not limited to Acts of God; Government restrictions (including the delay denial or cancellation of any export or other necessary license), wars, insurrections, strikes or other work stoppages, andlor any other cause beyond the reasonable control of the party whose performance is affected. ## XX\_ENTIRE AGREEMENI This Agreement constitutes the entire agreement of the parties and supersedes all communications, understandings and agreements relating to the subject matter hereof; whether oral or written. prior ## XXL AMENDMENT No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee. ## XXIL\_SEVERABILITY If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction; the validity; legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. ## XXIIL WAIVER OE CONTRACTUAL RIGHI Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement . ## XXIV\_NOTICES All notices given pursuant to this Agreement shall be in writing and may be hand delivered, Or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested . If any notice is sent by facsimile; confirmation must be sent by U.S. Mail or hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party. copies ## If to Licensor: Société dÉdition Les Belles Lettres 75006 Paris France ## If to Licensee: University of California Office of the President California Digital 415 20t Street, 4th Floor Library Oakland, CA 94612 L'Année Philologique 4-13-10 ## XXV\_Notice of the\_Use of Digital Rights Management Technology In the event that Licensor utilizes any type of digital rights management technology to control the access or the usage of Licensed Product, Licensor agrees to notify Licensee of the name, contact information and any technical specifications for the digital rights management technology utilized; the name; contact information and any technical specifications for the digital rights management technology utilized. ## XXVI\_Notice of the\_Use of Digital Watermarking Technology If Licensor utilizes any type of digital watermarking technology for any element of the Licensed Product, Licensor agrees that watermarks will not be visible to the human eye and will not degrade image quality . These watermarks shall not contain user-related information such as account number or IP address. If digital watermarking technology is used, Licensor agrees to notify Licensee; in advance; of the name; contact information; and any technical specifications for the technology used. IN WITNESS WHEREOF, the parties have executed this Agreement by their respective; duly authorized representatives as of the date first above written. [Text Deleted] [Text Deleted] [Text Deleted] [Text Deleted] [Text Deleted] [Text Deleted] ## LICENSOR: BY: DATE: OI Title: Frtnce Address: n, 94 Telephone No. E-mail: ## LICENSEE: BY: DATE: Signature OI Aunornzea s1gnatory of Regents of the University of California Title: Executive Director th Floor L'Année Philologique 4-13-10 25 ## Appendix A ## Business Terms ## Licensed Materials: ## L' Année Philologique Resource published by Société Internationale de Bibliographie Classique; covers 1924 latest ## Pricing: Annual subscription as negotiated price: Simultaneous Use: 10 s/u per campus; except UC Berkeley with unlimited slu ## Appendix B ## Campuses of the\_University of California [Text Deleted] [Text Deleted] University of California; Berkeley (including Lawrence Berkeley Laboratory) [Text Deleted] University of California; Davis University of California; Irvine University of California; Los Angeles University of California; Merced University of California; Riverside University of California, San Diego University of California; San Francisco University of California, Santa Barbara University of California; Santa Cruz University of California Office of the President Primary Contact Name: Title: Licensing Manager [Text Deleted] [Text Deleted] [Text Deleted] Primary Contact Name: Title: Licensing Manager Fax: 001.510.287.3825 Billing Contact Name: [Text Deleted] [Text Deleted] [Text Deleted] Title: Acquisitions Cooramnator Address: Geisel Library University of California 9500 Gilman Drive #0175A La Jolla, CA 92093-0175 USA E-mail Fax: 001.858.534.1256 [Text Deleted] [Text Deleted] [Text Deleted] Title: Senior Development Programmer Fax: 001.510.987.0425 UC Berkeley [Text Deleted] UC Davis [Text Deleted] UC\_Irvine [Text Deleted] ## Appendix C ## University of California IP\_Addresses including Lawrence Berkeley Laboratory) UC Los Angeles ## [Text Deleted] UC\_Merced [Text Deleted] UC Riverside [Text Deleted] UC San Francisco [Text Deleted] UC Santa\_Barbara [Text Deleted] UC Santa Cruz [Text Deleted] UC [Text Deleted] [Text Deleted] of the President California Digital Library

Annual subscription as negotiated price: Simultaneous Use: 10 s/u per campus; except UC Berkeley with unlimited slu

The materials that are the subject of this Agreement shall consist L'Année philologique sur Internet (hereinafter referred to as the "Licensed Materials") Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement.

This Agreement shall continue in effect for one (1) year commencing on the Effective Date.

eced2960-6047-4f05-a892-b1f85ce5652a

ElsevierSD2009_amdt116_UCD_Redacted

## ONE HUNDRED AND SIXTEENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the Agreement' as last amended on 14 October 2013 wish t0 amend the Agreement as set forth in this amendment ( Amendment' NOW, THEREFORE. in consideration of the mutual promises and covenants set forth below. and for such other and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 good Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail . IN WITNESS WHEREOF. the parties have executed this Amendment by their respective; duly authorized representatives as of 29 October 2013. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olblo THE CALIFORNIA DIGITAL LIBRARY (Subscriber) [Text deleted] ELSEVIER B.V. [Text deleted] Amendment No : 1-5496819415 ilobal Sales & Customer Marketing. Science & Technology ## ONE HUNDRED AND SIXTEENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed ProductslAccesslFees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olblo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA DAVIS Yo. /-5496819415 | Subscribed Products publisher | Access | 2013 | |-------------------------------------|-------------------|--------| | ScienceDirect@ online Elsevier B.V. | sciencedirect.com | | | Elsevier eBooks Titles | | | | TOTAL FEES | | | ## Annex A to Schedule 1 Elsevier eBooks Titles ## UNIVERSITY OF CALIFORNIA DAVIS | Product ID | Elsevier eBooks Titles | Final Net Price 2013 | |---------------|------------------------------------------|------------------------| | 9780444595584 | Biofuels_from Algae | | | 9780444520760 | Philosophy of Complex Systems | | | 9780444518620 | Philosophy of Statistics | | | 9780323083409 | Raj's Practical Management of Pain | | | 9780123859990 | Small Wind | | | 9780/23822178 | The Nuts and Bolts of Proofs | | | 9781455727582 | Yen & Jaffe's Reproductive Endocrinology | |

a08158dd-69a3-4f76-b320-2124cb30ea04

STSciFinderScholar_1999_lic_agrmt_Redacted

## CAS SCIFINDERfi SCHOLAR LICENSE AGREEMENT for the UNIVERSITY of CALIFORNIA ("UNIVERSITY") CAS and UNIVERSITY agree as follows: - J. Member. UNIVERSITY. A cfampus which is a member of the Partif ipating Members are identified in - 1. DEFINITIONS. These words have the following meanings: - A. Academic Research. Educational research done in the usual course in the pursuit of a degree, instructional (i.e., educational and training) use in a classroom setting; or research by faculty and students which is funded by the government or non-profit research foundations and intended for publication in the publicly available literature; provided, however, that to qualify as Academic Research, the research must not involve patentability searching. - B. Administrative Contact. An Authorized User designated by UNIVERSITY as the primary point of 4ontact with CAS for all Agreement matters. - C. Authorized User. A current faculty or administrative $taff member, or officially registered student of a Member, including part-time, post-doctoral and visiting students, located at a named Member Site, for whom a Member has provided access to an Authorized 1.P. Address for use of SciFinder Scholar. - 0. Authorized LP. Address. An Internet Protocol address(es) at a Member Site, in a form acceptable to CAS, designated by the Member iJ> be associated with a SciFinder Scholar loginid. - E. Commercial Research. Research other than Academic Research; for example, research performed ·~nder a funding or consultant contract with the intention of elivering results to a for-profit organization, or atentability research. - fl'. Concurrent User. Represents one connection to the CAS server for the SciFinder Scholar product. The number of concurrent users refers to the number of possible simultaneous connections to the CAS server. - CS. Full Access. Twenty-four hour a day availability of SciFinder Scholar. Access is available at any time except for routine, scheduled "downtimes" for system maintenance. - H. Key Contact. An Authorized User designated by each Member as the primary point of contact for local support and administration of SciFinder Scholar. - I. Loginid Activation. An action taken by CAS following LJNIVERSITY's or a Member's request which readies a ~ciFinder Scholar loginid for use. - Exhibit 1. - K. Offpeak Access. Availability of SciFinder Scholar limited to the hours shown in Exhibit 2 (not Full Access). - L. Permitted Data Use. The uses. of CAS data which are permitted by CAS, as follows: Authorized Users ma make use of CAS data obtained as a result of SciFinder Scholar searctlies in the ordinary course of Academic Research and ' may store search results in electronic fo , provided tha~ at any one time, no more than 5,000 re rds are stored by an Authorized User. Authorized Us rs are permitte~ to search only for themselves and ma share their S'3arch results in a reasonable, limited w y with other UNIVERSITY students or faculty working on t e same research project; provided, however, that any s ch sharing m~y not result in an aggregation of the el ctronic records stored by individual Authorized Users, nor in the creation of any central source of electronic records. I not in violation!of this or any other data use provision of this Agreement,i UNIVERSITY may share CAS data out ide UNIVERSITY in conformance with UNIVERSITY po icies governing access to research information. Typical examples of these UNIVERSITY policies are: 1. Inc uding some bi~liographic citations and other data ite s derived from a database in published articles; 2. Presentation af research findings at a conference, in a working paper or pre-print, or similar forum provided that the subject matter is not CAS techniques, databases or processes; and 3. Sharing research information on request with ~nother researcher or research agency wishing to examine UNIVERSITY's research activity or Eplicate a particular experiment, provided this informa ion is not shar¢d in the fulfillment of a contractual or " ork for hire" bbligation. Stored records must be delet d when they ar~ no longer needed by the Authorized User for the relevant research project, or after the completion of Authori~ed User's degree program, whichever occurs first. Undar no circumstances may CAS data be us d for any other purpose, including but not limited to di tribution of dala by assignment, sale, sublicense, lea or other meani of transfer to any other Member, any th rd party, and ar:iy commercial use, whether paid or unpa d. Any use beyond the limited use described herein, req ires the advance written permission ofCAS. - M. SciFinder Scholar. Release 3.0 of the CAS product designed for academ c scientific resE!Jarch consisting of client/server software which provide$ access to ACS› owned and proprieta databases that include the world's largest collection of c emistry information residing on the CAS server, utilizing a GAS-designed graphical user interface. SciFinder cholar includes SSM when SSM is ordered by UNIVERSI ~ ## Exhibit 4 ## Feature Configurations/Concurrent Users I | Feature Configuration | Number of Concurrent Users | Members (list all applicable) | Member Sites~ | |-------------------------------|---------------------------------|-----------------------------------------------------------------|------------------| | Full Access with SSM | 12* | UC Berkeley 1¥• •"' ' | | | •. Full Access with SSM | Ir " I L | UC Davis :,l | - | | rull Access with SSM | ; :•,• . . • < .• | " ; UC Irvine :,: I . | | | Full Access with SSM | .. 1, .. . : ' | "' " I , • .... ,, .• • UC Los Anqeles :~~' . . ' ' | | | 1 Full Access witll SSM | F--::.. '•. | ~ UC Merced 'f( ' .;:•• | - | | . ~£411 Access with SSM | I ' •. :• . ' | r UC Riverside ::;,/"'. > | | | fyJI A~ce.ss with .. $SM. | . ' | 4 . UC San Diego | - | | fu11 Access with ssM | f~ : | • Uc San Francisco r | | | Full Access with SSM | | UC Santa Barbara | | | Full Access with SSM | | UC Santa Cruz | | fhe initial order has a corresponding annual fee r both SciFinder Scholar access as ~escribed above for all ten locations and print CA su scrip ions for all locations except Santa Cruz <find Merced. *The Price under this Agreement is based upon an order for 12 Concurrent Users which may be shared by all Members. On an Experimental Basis, CAS will provide 18 Concurrent Users, for the price of 12 Concurrent Users, which may be shared by all Members. ## Feature Configurations Available: ltull Access with SSM Full Access without SSM 6ffpeak Access with SSM cpttpeak Access without SSM - N. SciFinder Substructure Module (SSM). An optional add-on module to SciFinder Scholar consisting of functionality that enables substructure searching of the CAS REGISTRY File data available through SciFinder Scholar. CAS may offer additional substructure search add-ons to SciFinder Scholar which are not covered Initially under this Agreement, e.g., additional data for functionality. - p. Site. ~am pus. All Member facilities located within a named ## 2. LICENSE. CAS grants UNIVERSITY a non-exclusive, Site-specific liicense for its Authorized Users to use SciFinder Scholar and the CAS data that Authorized µsers search and retrieve using SciFinder Scholar with the following limits: - .!\. Site: This license is specific to the Member Sites 11.isted in Exhibit 1. - B. J.P. Addresses: Each Member must report to CAS all Authorized l.P. Address information, by Site, in Exhibit 1, and may use SciFinder Scholar only through its respective Authorized 1.P. Addresses listed in Exhibit 1. To qualify for use under this Agreement, these l.P. Addresses must be unique to a Member. When temporarily at locations other than the Site, Authorized lUsers may connect via telephone lines (dial-in access) ~hrough Authorized l.P. Addresses to use SciFinder Scholar. - C. Security: Each Member will use reasonable efforts tb ensure that only Authorized Users have access to $ciFinder Scholar. Each Member must provide network› wide system security such that all Authorized Users must ll>e required to prove their authorized status prior to each iristance of downloading the SciFinder Scholar software ~rom a Member's ftp site and prior to each instance of connecting to the Member network via telephone dial-up to access SciFinder Scholar. If, in addition, a Member's <-ampus network security protocols will support password› wrotection for every SciFinder Scholar program launch (i.e., every use of SciFinder Scholar), the Member agrees to implement this. - ID. Public Access and Library Terminals: UNIVERSITY acknowledges that the SciFinder Scholar * oduct is not intended to support any use other than that y Authorized Users. CAS acknowledges that a Member ay be unable to segregate public or library computer terminals from the rest of the Member network, and that while not permitted, occasional walk-in, public use of $ciFinder Scholar may occur. If a Member's network will support password-protection for every use of SciFinder $cholar in the library setting, the Member agrees to implement this. Each Member will, in any case, prominently display a notice near all terminals, or electronically on the terminal screen, to which the public has access and on which SciFinder Scholar is available, indicating that SciFipder Scholar i$ for use only by Member students and!faculty, and not the general public. - E. Client Software Oopies: Members may make copies of the SciFinder Scholar client software to facilitate use of the product under this Agreement onlyi - F. Reasonableness of Use. Authorized Users are permitted to use SciFinder Scholar only for Academic Research. For Commercial Research, CAS offers a commercial SciFinder[ product available under a separate license agreement. . CAS will monitor th~ volume of searching and answer downloading activity ~ssociated with each Authorized 1.P. Address on a routine basis, for the purposes of: (1) benchmarking what "average" use is among Authorized l.P. Address(es), and$2) noting any significant variance in patterns of usage for articular Authorized IP Address(es). CAS may ask the Ke Contact and th~ Authorized User(s) involved to discuss any usage pattem(s) CAS questions and, if necessary, to work with CAS to reach a solution if a problem is uncovered. If, however, as a result of such inquiry CAS learns that "excessive" or unusual use or any particular use is related to non-compliance with any provision of this Agreement, and depending on the scope of the non-compliance, CAS will instruct a Member with written notice to bar certain individuals from using SciFinder Scholar, may bar a Member from using SciFinder Scholar, pr may elect to terminate this Agreement. If a Member is barred fronn SciFinder Scholar use, this may affect ~e terms of UNIVERSITY's use of SciFinder Scholar. C S will also haye available to it all other remedies avail ble under ap~llcable law and in equity. 1 - G. Data Use: Authorized Users are permitted to use CAS data accessed through SciFinder Scholar according to the Permitted Data Use rights. Members will: (1) display the User Agreement text shown in Exhibit 3 to all users in a printable form, and require the user to scroll through the text and iindicate agreement (e.g., click-wrap agreement) prior to the initial download of the SciFinder Scholar client software from the Member network to the Authorized User's pensonal computer, and (2) use other reasonable efforts to communicate the Permitted Data Use rights to Authorized Users. CAS will display the User Agreement text through SciFinder Scholar features, such as Message of the Day. Under no circumstances are Authorized Users permitted to redistribute any collection of CAS data to other Members or to third parties, whether for commercial gain or otherwise, or In any other way commercially exploit t~e CAS data obtained through use of SciFinder Scholar. ! - H. Concurrent Users. UNIVERSITY . will place an order for the total number of Concurrent Users required by its Members as show~in Exhibit 4. The order will include a specific number of C ncurrent Users from the total order for each Member's u e. Each Member must have at least one Concurrent ser. Concurrent Users may not be reassigned during any term of this Agreement. Members are permitted to sh e Concurrent Users upon the Condition that only identical SciFinder Scholar ~onfigurations may be shared. - I· Additional Member/Sites. If UNIVERSITY wishes ~mother Member or an additional Site of an existing, participating Member to participate in this Agreement, UNIVERISTY may contact CAS for a quote and any additional terms, if applicable. The addition of Members ~nd Sites is dependent on CAS' then-current policy in this regard. - .(). UNIVERSITY Enforcement. UNIVERSITY and its Members acknowledge the ACS' copyright and cpwnership interests in SciFinder Scholar, that SciFinder Scholar is a principal product of CAS, and the importance to CAS of maintaining these rights in the product and in CAS data. In addition to its other ~bligations set forth specifically in this paragraph 2, lfAembers promise to use reasonable efforts to monitor 11sage of SciFinder Scholar for compliance with the ·erms of this Agreement, and will notify CAS immediately ¢lf any suspected violation by any user. UNIVERSITY ~nd its Members will use reasonable efforts to fully ¢:ooperate with CAS in investigating any suspected yiolation, and will take such action as reasonably requested by CAS, or which it deems in its good j1udgment to be necessary, to correct such violation. lJNIVERSITY and each respective Member will be ~esponsible for any failure on its part to act in ¢ompliance with this paragraph 2(J). - K. No Other Permitted Uses. Any use of SciFinder $cholar by a Member not specifically permitted under tjhis Agreement, including but not limited to distribution t:Jy assignment, sale, sublicense, loan or other means of transfer to any other Member, to any third party, and any ¢ommercial use, whether paid or unpaid, is strictly ~rohibited. - l;JNIVERSITY's right to use SciFinder Scholar is <Completely stated here and has no other, or any <!!dditional, rights to use it. CAS reserves and keeps all <hther rights in and to SciFinder Scholar and CAS data. - ~· UNIVERSITY and Members Limitation of Liability. liJNIVERSITY and Members will exercise reasonable, fllood faith efforts: - 1) to inform Authorized Users of the restrictions cilddressed in sections A-K of this paragraph 2 with nespect to the use of SciFinder Scholar, ineluding all data accessed therewith, and all optional add-on modules (the "Restrictions"); l ) to enforce the Restrictions; ) to investigate with CAS any violation or suspected iolation of any of the Restrictions, whether by uthorized User(s) or not; and 4) to cooperate with CAS in the resolution of the matter. - lJNIVERSITY and Members agree, at CAS' request, to ~view from time to time with CAS the efforts described above and to make such changes thereto as reasonably necessary. Neither UNIVERSITY' nor Members Will be liable to CAS for the actions of an individual user who has acted without the knowledge or consent of ~NIVERSITY or the Members, provided UNIVERSITY and the Members are in compliance with the requirements of sections A-L of this paragraph 2. I - M. Beta Tests. From time to time. CAS may invite UNIVERSITY to ev luate prototypes or participate in trials, alpha tests an /or beta tests of new releases or new features/functio alities of SciFinder Scholar. The terms of this Agreem nt will apply to 'the use of the new release or features unctionalities. Not withstanding paragraph 11 below, dditional terms may be included in a letter accompa ying the new software and UNIVERSITY'S instal ation and use of the new software thereafter will indicate acceptance~ of the additional terms. UNIVERSITY will hold thes~ prototypes, trials, alpha or beta tests in strict confidentiality. - N. Access to Other Services. Scil=inder Scholar may provide UNIVERSITY with access to other optional information services such as electromic full-text journal articles/documents. CAS Document Detective Service (CAS DDS), other Web services not associated with the ACS or CAS. etc. Such access may require licenses or agreements with the information providers and include fees (in addition to the fees mentioned in paragraph 4) for such services. The negotiating and entering into of such licenses, agreements and other arrangements with a third party and the payment of amy required fees is separate from and beyond the scope. of this Agreement and is the responsibility of lJJNIVERSITY and its Members. UNIVERISITY will use and access such services at its own tisk. Currently these are optional features of SciFinder Scholar offeired to Authorized Users at the sole dliscretion of U~iVERSITY and its Members. - 0. STN International (STN) Discount. CAS will provide each Member with Full-Access to SciFinder Scholar with the cur~nt STN discount offered to print Chemical Abstracts (CA) subscribers. regardless of Member's print CA su scriber status. - P. Usage Reports. CAS will provide to the UNIVERSITY Administrative Contact usage reports based upon l.P. Address on a monthly basis. - Q. Archival Copy of Print CA. In the event all Members cancel their subscript~· n to print CA ahd all Members are subscribers to SciFin er Scholar, then CAS will provide UNIVERSITY with on archival copy of the current year of print CA - R. Experimental Concurrent Users. While pricing under this Agreement is based upon 12 Concurrent Users, CAS will provide to UNIVERSITY on an experimental basis 18 Concurrent lusers at the 12 Concurrent User price. - $. Training Ports. The Key Contact for each Member may contact CAS directly for access to training ports for $pecific training sessions. - T. Linking to UNIVERSITY Internal Holdings. CAS and WNIVERSITY agree to use reasonable efforts to establish links from CAS to Member holdings and to the COL Periodical Database. - U. Training. CAS representatives will conduct at least ~ne training session for Member librarians and users and will provide copies of all current training materials. ## 3. TERM OF AGREEMENT. This Agreement is effective when both parties have signed ilt. The initial term extends through the last day of the 12th month following the date of Loginid Activation under 1.,JNIVERSITY's initial order. It will automatically renew on each anniversary date thereafter for another 12 month period unless terminated as permitted herein. ~ecause renewal is automatic, UNIVERSITY must notify CAS in advance if UNIVERSITY does not desire to tontinue this Agreement following the end of each 12 ~onth period or if UNIVERSITY's requirements for ~ciFinder Scholar change; UNIVERSITY will provide a minimum 30 days' advance notice of this. If CAS does rhot receive the minimum notice, CAS will automatically ~enew this Agreement for the then-current number of ~oncurrent Users at each Site for the next 12 month Ji>eriod. ## 4. SCIFINDER SCHOLAR PRICING. - A. Prices. Fees for the license to SciFinder Scholar are c)letermined on the basis of number of Concurrent Users llJer Site, and are differentiated according to print CA $ubscriber status, selection of SSM and hours of <!lVailability. UNIVERSITY may customize the feature ~onfiguration of each Concurrent User with or without ~SM, for either Full or Offpeak Access. ~NIVERSITY elects the feature configuration and number <l>f Concurrent Users for each Member Site as specified in l!:xhibit 4 for its initial order. q;oncurrent User(s) may be added during the current term for a prorated fee at then-current prices. Feature c:onfigurations may be upgraded during an Agreement t~rm for a prorated fee. Other feature configuration cthanges may be made during an Agreement term upon mutual agreement. - $. Evaluation Period. Each Member is eligible to ~valuate SciFinder Scholar through December 31, 1999 at no charge. On or before December 31, 1999, L;JNIVERSITY must notify CAS at [email protected], followed by fax notification to 614-447-3939, should it wish tp not license SciFinder Scholar. In that event the license granted in this Agreement is revoked, UNIVERSITY will 11ave no rights to continue to use SciFinder Scholar and limited data use rights as specifically provided in paragraph 9C of this Agreement. If UNIVERSITY does - not notify CAS on or before December 31, 1999 of the evaluation period, then access to, SciFinder Scholar will continue uninterruptectl and UNIVE'RSITY will be invoiced in accordance with paragraph 40. - C. Other Services. Fees for Web services made accessible through SciFinder Scholar will generally have separate invoices. There may be instances; however, where these fees may appear on your SciFinder Scholar invoice. - D. Invoices. For LJNIVERSITY's initial order, invoicing of the full annual license fee will occ1i.1r during the month following the month during whrch Loginid Activation occurs. Invoices wil be directed to · the Administrative Contact. UNIVERS TY agrees to .remit all invoiced amounts, according to invoice terms. Fees are not refundable under an circumstance. Should Member's print CA subscriber st tus change frorti subscriber to non› subscriber during the initial or any of the renewal terms, CAS will adjust th price accordingly and invoice UNIVERSITY for any additional fees due CAS. Member agrees to remit all ad itional invoiced amounts according to invoice terms. - E. Changes in Prici111g. CAS may change the SciFinder Scholar license fees rteferred to in paragraph 4A and will notify UNIVERSITY's Administrative Contact and Key Contact(s) at least 60f ays in advance of the date that any new prices go into effect. Price modifications affect Concurrent Users a ded after the price change and renewal orders only. ## 5. ADMINISTRATIVE CONTACT. UNIVERSITY designles the person npted in Exhibit 5 to be UNIVERSITY's Administrative Contact. The Administrative Canta t may be react1)ed during normal business hours at t e address, telephone and telefax numbers and e-mail a dress set forth in Exhibit 5. UNIVERSITY will prbvide CAS with updated contact information if the AeJlministrative Contact is added or changed. The Admini$trative Contact is responsible for all business matters rel(flting to this Agreement, including billing. The Administrative Contact will also forward a copy of Exhibit 3 to this Agreement to each Key Contact. ## 6. KEY CONTACTS. Members designate the Authorized Users listed in Exhibit 5 to be Key Contacts. Each Member should have a local Key Contact. Members will provide CAS with necessary contact information immediately if a Key Contact is added or changed. The Key Contact is responsible for the following tasks: - A. Client Software. The Key Contact is responsible for downloading the SciFi~der Scholar client software initially and downloading the software as maintenance releases become available, rom the CAS server and for appropriately customi ing it for use at a given Site. <Customization means keying in the loginid and password ~nd determining software preference settings. The Key ¢:ontact is also responsible for loading the client software <l>n the Member network such that only Authorized Users ~ave access and may download copies. - ~· Support of Authorized Users. The Key Contact will ~erve as the first point of contact for any Authorized User ~uestion about SciFinder Scholar. As necessary, the Key ¢:ontact may request CAS Help Desk and Customer $ervice support via telephone during regular service lllours. - C. CAS Inquiries. The Key Contact will serve as CAS' ~irst point of contact at a Member Site for any questions or i~sues that may arise related to use of SciFinder Scholar ~uring the term of this Agreement. In the event that CAS irquires regarding use of SciFinder Scholar under the wrovisions of paragraph 2(F), the Key Contact will use best ¢fforts to assist CAS in exploring and resolving any i~sues, which will include best efforts to identify Authorized ~sers associated with Authorized l.P. Addresses. ## 7. MAINTENANCE RELEASES. CAS will provide Members with SciFinder Scholar maintenance releases at no additional charge. Maintenance releases include routine software fixes. Members must use reasonable efforts to ensure that all ,f\uthorized Users install the maintenance release within $0 days of their receipt of the release from CAS. l\Aembers acknowledge that, to secure continued support d>f SciFinder Scholar, Authorized Users must install the ~aintenance releases within this 90 day period. ## 8. GENERAL PROVISIONS. - f.· Ownership. The copyright and title to all property irterests in or to SciFinder Scholar and updates thereto, ihcluding source and object code, user manuals, and $cientific information accessed using it are in and will nemain with the ACS as owner, and this Agreement does r!lot grant UNIVERSITY or a Member any right of ~wnership. The copyright of the ACS is under the ¢:opyrigh't Law of the US (Title 17, U.S. Code), which is warty to both the Universal Copyright Convention and the $erne Copyright Convention. UNIVERSITY and Members agree to r not remove or obscure copyright rnotices. - l(JNIVERSITY, UNIVERSITY's Key Contact(s) and .il\uthorized Users are prohibited from making any rinodifications, adaptations, enhancements, ~ecompilations, changes or derivative works of SciFinder $cholar. UNIVERSITY is not permitted to use SciFinder $cholar except as specifically set forth herein. - $. Confidentiality. UNIVERSITY and Members agree to ~eep the specific terms of this Agreement strictly donfidential as if it were UNIVERSITY's or Members' own qonfidential information; except as required by applicable law and except as provided in Exhibit 6, License Summary, which mayl be posted on t~e California Digital Library website. - C. Warranty and Liability Disclaimers. CAS provides the following limited warranty for SciFinder Scholar: the electronic media on which SciFinder Scholar or an update is recorded and any user manual provided under this Agreement are free from significant defects in material and workmanship under rnormal use. CAS further warrants that SciFinder Scholar and any update thereto will perform substantially in accprdance with the corresponding published specificatiorlls. The limited warranties contained in this paragraph are made for a period of 90 days from the date on which ciFinder Scholar. or update(s) is delivered to UNIVE SITY. CAS' «;intire liability and UNIVERSITY's and Members' exclusive remedy with respect to this limite warranty is replacement of any electronic media or u er manual not ml3eting the warranty standard. EXCEPT OR THIS, CAS bOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO SCIFINDER SCHOL.AR AND ALU. INFORMATION SUPPLIED TO UNIV!ERSITY HEREUNDER, CAS DOES NOT WARRANT ACCURACY OR COMPLETENESS OF THE PRODUCTS I OR SERVICES, IS NOT RESPONSIBLE FO~ ERRORS AND OMISSIONS IN SEARCH RESULTS OR SOFTWARE DELIVERED HEREUNDER, AND 1$ NOT LIABLE FOR DAMAGES OF ANY KIND (lNCLUDllNG WITHOUT LIMITATION LOSS OF PROFITS) ARI ING OUT OF. ANY SERVICES RENDERED OR P ODUCTS PROVIDED, OR ANY FAILURE TO REN ER SERVICES OR PROVIDE PRODUCTS PURSU NT HERETO, bR IN ANY WAY ARISING FROM THI AGREEMENT. However, CAS will defend, indemnify, nd hold harmless UNIVERSITY, their officers, agents and employees from all damages. liabilities, costs, fee , including, but not limited to, attorney's fees, re ulting from any judgment or settlement agreemen arising out of t~e claim of a third party that CAS' sal of products td UNIVERSITY or UNIVERSITY's rea onable use df said products constitutes an infrin ement of any patent, copyright, trademark, trade namr, trade secret, 0, r other proprietary or contractual right o any third party. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. UNIVERSITY will give prompt notice of an infringetnent claim to CAS, provide such cooperation and assistance to CAS as is reasonably necessary to defend the claim, and will allow CAS to have sole control of the defense, provided, however, that UNIVERSITY retains the right to participate in the defense at its own expense. - D. Separability. Shpuld any part of this Agreement be unenforceable, all oth1r provisions will not be affected. - E. No Waiver. If ~CAS does not exercise any right provided for in this A reement, this dpes not mean that CAS waives the right t exercise it in the future. - f. Non-Assignment. Neither UNIVERSITY or CAS may $ssign or sublicense, without the other party's prior written consent, any rights, duties, or obligations under this Agreement to any person or entity, in whole or in part. - G. Risks and Costs Associated With Use. liJNIVERSITY and each Member is responsible for all risks ~nd costs associated with use of SciFinder Scholar and ¢AS data, including any and all applicable taxes and ~uties, such as local, use, value-added, or sales tax, and ¢ustom duties. ## 9. TERMINATION OF AGREEMENT. - A. For Default. If either party breaches a term of this Agreement, the other may send written notice of the ~reach, including a reasonable cure period not less than $0 business days. If the breach is not cured within that ~ime, or if the parties do not reach a satisfactory ~greement on extending the cure period, then the non› ~eaching party may terminate this Agreement effective lrimediately upon written notice. CAS has the option of barring only a breaching Member from using SciFinder ~cholar in' lieu of full termination of this Agreement. - ~· For Convenience. Each party has the right to Jierminate this Agreement for the sake of convenience ' ffective at the end of the then-current 12 month period, 11>rovided that the party choosing to terminate gives the ci>ther party at least 30 days' advance written notice. - C. Conditions Following Termination. On the effective dlate of termination of this Agreement, regardless of the ~eason for termination, the license. granted in this -t-greement to use SciFinder Scholar is revoked, and t!JNIVERSITY will have no rights to continue to use $ciFinder Scholar. On the effective date of termination, CAS will de-activate all of UNIVERSITY's SciFinder ~ , cholar. loginids. Followin . g termination, UNIVERSITY and embers will erase or otherwise destroy all copies of ciFinder Schol?r in their possession (including archive ¢opies) and provide CAS with a written certification of the ~estruction within a 2 week period. The license to use ¢:AS data that has been accessed through SciFinder !pcholar w ill continue under the terms of Permitted Data . l(Jse, defined in paragraph 1 M, which include the ~quirement to destroy data at the end of the research ~roject or degree program, whichever is first. fbaragraphs 8 and 9 will survive the termination of this 4,greement for any reason. ## 10. NOTICES. Any notice(s) given under the license must be sent in t'riting and will be ccinsidered given: (i) upon receipt by the transmitting party of confirmation or response if delivery is by telex, telegram, facsimile, or electronic mail; (ii) 5 days ~fter posting if sent by registered mail or certified, return ~ceipt requested mail, postage prepaid, or (iii) one day ~fter posting by overnight mail. Mailed or transmitted ~otices must be sent to the addresses shown in Exhibit 5. The parties will provide notice to each other of any change in address. ## 11. ENTIRE AGREEMENT. This Agreement, including Exhibit(s), is the entire understanding between the parties concerning the subject matter hereof, and it $upersedes all prior representations and agreements, oral .or written and may not be modified unless in writing sign¢d by authorized individuals of both parties. If UNIVERISITY uses a purchase order in conjunction with ordering or paying for SciFinder Scholar, be advised that the terms of the purchase order will in no way modify, add to, or delete any of the terms and conditions of this Agreement. ANY Dl .SCREPANCY BETWEEN.UNIVERSITY'$ PURCHASE ORDER(S) AND THIS AGREEMENT WILL BE RESOLVED IN FAVOR OF THIS AGREEMENT. ## 12. AUTHORITY. The representative of UNIVERSITY signing this Agreement represent$ that he or she has the full and complete authority to bind UNIVERSITY and all of its Members to the terms !of this Agreement. The parties' agreement with the terms therein is evidenced with their respective signatures below: ; ## SIGNATURE BY REPRESENTATIVE: UNIVERSITY'S AUTHORIZED Director, Shared Conlj !'mt Title December 17 1999 Date ## SIGNATURE BY CAS' AUTHORIZED REPRESENTATIVE: ## Exhibit 1 ## Member Sites ## Exhibit 2 ## Offpeak Access ## Hours of SciFinder Scholar Availability Note: "Local time" refers to the local time of the Member Site. | Sunday 8:00 A.M. EST | through | Monday 5:00 A.M. LOCAL TIME | |--------------------------------|-----------|--------------------------------| | Monday 5:00 P.M. LOCAL TIME | through | Tuesday 5:00 A.M. LOCAL TIME | | Tuesday 5:00 P.M. LOCAL TIME | through | Wednesday 5:00 A.M. LOCAL TIME | | Wednesday 5:00 P.M. LOCAL TIME | through | Thursday 5:00 A.M. LOCAL TIME | | Thursday 5:00 P.M. LOCAL TIME | through | Friday 5:00 A.M. LOCAL TIME | | Friday 5:00 P.M. LOCAL TIME | through | Saturday 6:00 P.M. EST | ## Exhibit 3 ## User Agreement You certify to the following before you use SciFinder Scholar: - 1 ), I am a current faculty or administrative staff member, or officially registered student of UNIVERSITY; - 2f I will use SciFinder Scholar only for my own academic research done 1in the course of pursuing my degree, or in instructing my students, or, in the course of my own research funded by th~ go~ernment or a nonprofit foundation and intended for publication in the publicly available literature; - 3) I will NOT use SciFinder Scholar for commercial research; for exallhple, research that is done under a funding or consultant contract where the results are delivered to a for-profit organization, or for research that involves patentability searching. If I require SciFinder for commeircial purposes, I will have the search done using a commercial account by contacting the librarian res1Ponsible for chemistry searches on campus, by contacting CAS and having them perform a search fort me, or by acquiring and using the commercial SciFinder product; - 4) I will use my search results in the ordinary course of academic research and acknowledge that I may store search results in electronic form, provided that at any one time, I stor$ no more than 5,000 records. I may share search results in a limited, reasonable way with other UNIVERSITY students or faculty working on the same project, but I will not aggregate my electronic search results with those of anyone else. I will delete stored records when I no longer need them for the relevant res~arch project, or after the completion of my degree program, whichever occurs first. If I need to use seartch results beyond what is described here, I will contact my UNIVERSITY Key Contact to discuss ar11d to obtain CAS permission. I ACKNOWLEDGE THAT I AM NOT PERMITTED TO DISTRIBUTS ANY CAS DATA OR SCIFINDER SCHOLAR, FOR COMMERCIAL GAIN OR OTHERWISE, OUTSIDEt THE UNIVERSITY OR TO THIRD PARTIES. - 5) I acknowledge that UNIVERSITY has entered into a license agreement with CAS to provide me with access to SciFinder Scholar, and that violation of the license by any user could resul~ in a termination of the license for all users. - 6) I will contact UNIVERSITY's Key Contact with any questions related tp the use of SciFinder Scholar. ## Exhibit 5 ## University Administrative Contact Administrative Contact Name: Title: Address: Telephone Telefax: Email: Member Key Contact Name: Title: Address: Telephone Telefax: Email: Member Key Contact Name: Title: Address: Telephone: Telefax: Email: Member Key Contact Name: Title: Address: Telephone: Telefax: Email: Member Key Contact Name: Title: Address: Telephone Telefax: Email: ' California Digital Library 300 Lakeside Drive, 5th Floor Oakland, CA 94612-3550 Member Key Contacts Member Key Contact Name: Title: Address: Telephone Telefax: Email: Member Key Contact Name: Title: Address: Telephone Telefax: !Email: Member Key Contact Name: Title: Address: Telephone Telefax: Email: Member Key Contact Name: Title: Address: Telephone Telefax: Email: Member Key Contact Name: Title: Address: Telephone: Telefax: Email: Member Key Contact Name: Title: Address: Telephone Telefax: Email: ## Exhibit 6 ## License Summary - CAS SCIFINDERfi SCHOLAR LICENSE AGREEMENT ## 1. DEFINITIONS. these words have the following meanings: - A. Academic Research. Educational research done in the usual course in the pursuit of a degree, instructional (i.e., educational and training) use in a classroom setting; or research by faculty and students which is funded by the !iJOvernment or non-profit research ~oundations and intended for public~tion in the publi.~ly avail ab.le literature; provided, ~owever, that to qualify as Academic Research, the research must not involve patentabi11ty searching. - $. Administrative Contact. An Authorized User designated by UNIVERSITY as the primary point of contact with CAS for all Agreement matters. - c. Authorized User. A current faculty or administrative staff member, or officially registered student of a Member, iincluding part-time, post-doctoral and visiting students, located at a named Member Site, for whom a Member has ~rovided access to an Authorized 1.P. Address for use of SciFinder Scholar. - ID. Authorized l.P. Address. An Internet Protocol address(es) at a Member Site, in a fotm Jcceptable to CAS, ~esignated by the Member to be associated with a SciFinder Scholar loginid. - E. Commercial Research. Research other than Academic Research; for example, research performed under a ~unding or consultant contract with the intention of delivering results to a for-profit organization, or patentability research. - f. Concurrent User. Represents one connection to the CAS server for the SciFiinder Scholar product. The number of concurrent users refers to the number of possible simultaneous connections to the CAS server. - ¢;. Full Access. Twenty-four hour a day availability of SciFinder Scholar. Access is available at any time except for noutine, scheduled "downtimes" for system maintenance. - H. Key Contact. An Authorized User designated by each Member as the primary point of contact for local support $nd administration of SciFinder Scholar. - I, Loginid Activation. An action taken by CAS following UNIVERSITY's or a Member's request which readies a $ciFinder Scholar loginid for use. I - J. Member. A Campus which is a member of the UNIVERSITY. Participating Members are identified in Exhibit 1 - K. Offpeak Access. Availability of SciFinder Scholar limited to the hours shown in Exhibit 2 (not FulliAccess). - L. Permitted Data Use. The uses of CAS data which are permitted by CAS, as folllows: ,4uthorized Users may make use of CAS data obtained as a result of SciFinder Scholar searches in the ordinary course of Academic Research and may store search results in electronic form, provided that at any one time, no more than ~.000 records are stored by an Authorized User. Authorized Users are permitted to search only for themselves and may Share their search results in a reasonable, limited way with other UNIVERSITY students or faculty working on the same research project; provided, however, that any such sharing may not result in an a!iJgregation of the electronic records stored by individual Authorized Users, nor in the creation of any central source of electronic records. If not in violation of t~is or any other data use provision of this Agreement, UNIVERSITY may share CAS data outside UNIVERSITY in qonformance with UNIVERSITY policies governing access to research information. Typical examples of these UNIVERSITY policies are: 1. Including some bibliographic citations and other data items derived from a database in published articles; 2. Presentation of research findings at a conference, in a working paper or pre-print, or similar forum provided that the subject matter is not CAS techniques, databases or processes; and 3. Sharing research i!lformation on request with another researcher or research agency wishing to examine UNIVERSITY's research qctivity or replicate a particular experiment, provided this information is not shared in the fulfilfment of a contractual or "work for hire" obligation. Stored records must be deleted when they are no longer needed by the Authorized User for the relevant research project, or after the completion of Authorized User's degree program, whichever occurs first. LiJnder no circumstances may CAS data be used for any other purpose, including but not limited to distribution of data tjy assignment, sale, sublicense, loan or other means of transfer to any other Member, any third party, and any cpmmercial use. whether paid or unpaid. Any use beyond the limited use described herein, requires the advance V>1ritten permission of CAS. - M. SciFinder Scholar. Release 3.0 of the CAS product designed for academic scientific research consisting of client/server software which provides access to ACS-owned and proprietary databases that include the world's largest cpllection of chemistry information residing on the CAS server, utilizing a GAS-designed graphical user interface. $ciFinder Scholar includes SSM when SSM is ordered by UNIVERSITY. - N. SciFinder Substructure Module (SSM). An optional add-on module to SciFinder Scholar consisting of functionality tl;1at enables substructure searching of the CAS REGISTRY File data available through SciFinder Scholar. CAS may dffer additional substructure search add-ons to SciFinder Scholar which are not covered initially under this Agreement, d.g., additional data for functionality. - 0. Site. All Member facilities located within a named Campus. - 2. LICENSE. CAS grants UNIVERSITY a non-exclusive, Site-specific license for its Authorized Users to use SciFinder Scholar and the CAS data that Authorized Users search and retrieve using SciFinder Scholar witlll the following li~~!s: - A. Site: This license is specific to the Member Sites listed in Exhibit 1 - e. 1.P. Addresses: Each Member must report to CAS all Authorized l.P. Address information, by Site, in Exhibit 1, and may use SciFinder Scholar only through its respective Authorized 1.P. Addresses listed in Exhibit 1. To qualify for .~se under this Agreement, these 1.P. Addresses must be unique to a Member. When temporarily at locations other than the Site. Authorized Users may connect via telephone lines (dial-in access) through Authorized l.P. Addresses to 1.11se SciFinder Scholar. - C. Security: Each Member will use reasonable efforts to ensure that only Authorized Users have access to SciFinder Scholar. Each Member must provide network-wide system security such that all Authorized Users must be required to !?rove their authorized status prior to each instance of downloading the SciFinder Scholar software from a Member's ftp $ite and prior to each instance of connecting to the Member network via telephone dial-up to access SciFinder Scholar. ~f. in addition, a Member's campus network security protocols will support password-protection for every SciFinder Scholar program launch (i.e .. every use of SciFinder Scholar), the Member agrees to implement this. " - 0. Public Access and Library Terminals: UNIVERSITY acknowledges that the SciFinder Scholar product is not ~ntended to support any use other than that by Authorized Users. CAS acknowledges that a Member may be unable to $egregate public or library computer terminals from the rest of the Member network, and that while not permitted, ¢>ccasional walk-in, public use of SciFinder Scholar may occur. If a Member's network will support password-protection for every use of SciFinder Scholar in the library setting, the Member agrees to imple1ment this. Each Member will, in any case, prominently display a notice near all terminals, or electronically on the terminal screen, to which the public has access and on which SciFinder Scholar is available, indicating that SciFinder $cholar is for use only by Member i>tudents and faculty, and not the general public. - E. Client Software Copies: Members may make copies of the SciFinder Scholar client software to facilitate use.of the product under this Agreement only. - f. Reasonableness of Use. Authorized Users are permitted to use SciFinder Scholar only for Academic Research For Commercial Research, CAS offers a commercial SciFinder product available under a separate license agreement. - ~AS will monitor the volume of searching and answer downloading activity associated with each Authorized 1.P. lA.ddress on a routine basis, for the purposes of: (1) benchmarking what "average" use is among Authorized l.P. Address(es), and (2) noting any significant variance in patterns of usage for particular Authorized IP Address( es). CAS may ask the Key Contact and the Authorized User(s) involved to discuss any usage pattern(s) CAS questions and, if necessary, to work with CAS to reach a solution if a problem is uncovered. If, however, as a result of such inquiry CAS 'earns that "excessive" or unusual use or any particular use is related to non-compliance with any provision of this Agreement, and depending on the scope of the non-compliance, CAS will instruct a Member with written notice to bar certain individuals from using SciFinder Scholar, may bar a Member from using SciFinder Scholar, or may elect to terminate this Agreement. If a Member is barred from SciFinder Scholar use, this may affect the terms of UNIVERSITY'S use of SciFinder Scholar. CAS will also have available to it all other remedies available under applicable 1law and in equity. - G. Data Use: Authorized Users are permitted to use CAS data accessed through SciFinder Scholar according to the permitted Data Use rights. Members will: (1) display the User ~g~eement text $hown in ~xhibit 3 to all users in. a printable form, and require the user to scroll through the text and 1nd1cate agreement (e.g., click-wrap agreement) prior to the initial download of the SciFinder Scholar client software from the Member network to the Authorized User's personal computer, and (2) use other reasonable efforts to c~~municate the Permitted Data Use rights to Authorized Users. CAS will display the User Agreement text through Sc1Finder Scholar feat11Jres, such as Message of the Day. Under no circumstances are Authorized Users permitted to redistribute any collection of CAS data to other Members or to third parties, whether for commercial gain or otherwise, or in any other way commercially exploit the CAS data obtained through use of SciFinder Scholar. - H. Concurrent Users. UNIVERSITY will place an order for the total number of Concurrent Users required by its Members as shown in Exhibit 4. The order will include a specific number of Concurrent Users from the total order for each Member's use. Each Member must have at least one Concurrent User. Concurrent Users may not be teassigned during any term of this Agreement. Members are permitted to share Concurrent Users upon the condition that only identical SciFinder Scholar configurations can be shared. - 1. Additional Member!Sites. If UNIVERSITY wishes another Member or an additional Site of an existing, participating fv1ember to participate in this Agreement, UNIVERISTY may contact CAS for a quote and any additional terms, if applicable. The addition of Members and Sites is dependent on CAS' then-current policy in this regard. - u. UNIVERSITY Enforcement. UNIVERSITY and its Members acknowledge the ACS' copyright and ownership Interests in SciFinder Scholar, that SciFinder Scholar is a principal product of CAS, and the importance to CAS of maintaining these rights in the product and in CAS data. In addition to its othe1r obligations set forth specifically in this paragraph 2, Members promise to use reasonable efforts to monitor usage of SciFinder Scholar for compliance with the terms of this Agreement, and will notify CAS immediately of any suspected violation by any user. UNIVERSITY and its Members will use reasonable efforts to fully cooperate with CAS in investigating any suspected violation, and will take such action as reasonably requested by CAS, or which it deems in its good judgment to be necessary, to correct such violation. UNIVERSITY and each respective Member will be responsible for any failure pn its part to act in compliance with this paragraph 2(J). - K. No Other Permitted Uses. Any use of SciFinder Scholar by a Member not specifically permitted under this Agreement, including but not limited to distribution by assignment, sale, sublicense, loan or other means of transfer to any other Member, to any third party, and any commercial use, whether paid or unpaid, is strictly prohibited. UNIVERSITY'S right to use SciFinder Scholar is completely stated here and has no other, or any additional, rights to use It. CAS reserves and keeps all other rights in and to SciFinder Scholar and CAS data. - ~· UNIVERSITY and Members Limitation of Liability. UNIVERSITY and Members will exercise reasonable, good faith efforts: - 1) to inform Authorized Users of the restrictions addressed in sections A-K of this paragraph 2 with respect to the (Jse of SciFinder Scholar, including all data accessed therewith, and all optional add-on modules (the "Restrictions"); ~) to enforce the Restrictions; - 3) to investigate with CAS any violation or suspected violation of any of the Restrictions, whether by Authorized l.Jser(s) or not; and - 4) to cooperate with CAS in the resolution of the matter. \,JNIVERSITY and Members agree, at CAS' request, to review from time to time with CAS the efforts described above and to make such changes thereto as reasonably necessary. Neither UNIVERSITY nor Members will be liable to CAS for the actions of an individual user who has acted without the knowledge or consent of UNIVERSITY or the Members, provided UNIVERSITY and the Members are in ¢ompliance with the requirements of sections A-L of this paragraph 2. - M. Beta Tests. From time to time, CAS may invite UNIVERSITY to evaluate prototypes or participate in trials, alpha tests and/or beta tests of new releases or new features/functionalities of SciFinder Scholar. The terms of this Agreement will apply to the use of the new release or features/functionalities. Not withstanding paragraph 11 below, additional terms may be included in a letter accompanying the new software and UNIVERSITY's installation and use of the new software thereafter will indicate acceptance of the additional terms. UNIVERSITY will hold these prototypes, trials, alpha or beta tests in strict confidentiality. - N. Access to Other Services. SciFinder Scholar may provide UNIVERSITY with access to other optional information services such as electronic full-text journal articles/documents, CAS Document Detective Service (CAS DDS). other Web services not associated with the ACS or CAS, etc. Such access may require licenses or agreements with the information providers and include fees (in addition to the fees mentioned in paragr~ph 4) ~or such services. The negotiating and entering into of such licenses. agreements and other arrangements with a third party and the payment of any required fees is separate from and beyond the scope of this A~reeme~t and is \_the responsibility of UNIVERSITY and its Members. UNIVERSITY will use and access such services at its own risk. Currently these are optional features of SciFinder Scholar offered to Authorized Users at the sole discretion of UNIVERSITY and its Members. ## 3. TERM OF AGREEMENT. This Agreement is effective when both parties have signed it. The initial term extends through the last day of the 12 1 h month following the date of Loginid Activation under UNIVERSITY's initial order. It will automatically renew on each anniversary date thereafter for another 12 month period unless terminated as permitted herein. Because renewal is automatic, UNIVERSITY must notify CAS in advance if UNIVERSITY does not desire to continue this Agreement following the end of each 12 month period or if UNIVERSITY's requirements for SciFinder Scholar change. UNIVERSITY will provide a minimum 30 days' advance notice of this. If CAS does not receive the minimum notice, CAS will automatically renew this Agreement for the then-current number of Concurrent Users at each Site for the next 12 month period. ## 4. SCIFINDER SCHOLAR PRICING. - A. Prices. Fees for the license to SciFinder Scholar are determined on the basis of number of Concurrent Users per Site, and are differentiated according to print CA subscriber status, selection of SSM and hours of availability. UNIVERSITY may customize the feature configuration of each Concurrent User with or without SSM, for either Full or pffpeak Access. UNIVERSITY elects the feature configuration and number of Concurrent Users for each Member Site as specified in Exhibit 4 for its initial order. Concurrent User(s) may be added during the current term for a prorated fee at then-current prices. Feature configurations may be upgraded during an Agreement term for a prorated fee. Other feature configuration changes may be made during an Agreement term upon mutual agreement. - B. Evaluation Period. Member is eligible to evaluate SciFinder Scholar through December 31, 1999 at no charge. On or before December 31, 1999, UNIVERSITY must notify CAS at [email protected], followed by fax notification to 614447-3939, should it wish to not license SciFinder Scholar. In that event the license granted in this Agreement is revoked, and UNIVERSITY will have no rights to continue to use SciFinder Scholar and limited data use rights as specifically provided in paragraph 9.C of this Agreement. If UNIVERSITY does not notify CAS on or before December 31, 1999 of the evaluation period, then access to SciFinder Scholar will continue uninterrupted and UNIVERSITY will be invoiced in accordance with paragraph 4.D. - C. Other Services. Fees for Web services made accessible through SciFinder Scholar will generally have separate invoices. There may be instances; however, where these fees may appear on your SciFinder Scholar invoice. - D. Invoices. For UNIVERSITY's initial order, invoicing of the full annual license fee will occur during the month following the month during which Loginid Activation occurs. Invoices will be directed to the Administrative Contact. UNIVERSITY agrees to remit all invoiced amounts, according to invoice terms. Fees are not refundable under any circumstance. Should Member's print CA subscriber status change from subscriber to non-subscriber during the initial or any of the renewal terms, CAS will adjust the price accordingly and invoice UNIVERSITY for any additional fees due CAS. Member agrees to remit all additional invoiced amounts according to invoice terms. - E. Changes in Pricing. CAS may change the SciFinder Scholar license fees referred to in section A and will notify UNIVERSITY's Administrative Contact and Key Contact(s) at least 60 days in advance of the date that any new prices go into effect. Price modifications affect Concurrent Users added after the price change and renewal orders only. ## 5. ADMINISTRATIVE CONTACT. UNIVERSITY designates the person noted in Exhibit 5 to be UNIVERSITY's Administrative Contact. The Administrative Contact may be reached during normal business hours at the address, telephone and telefax numbers and e-mail address set forth in Exhibit 5. UNIVERSITY will provide CAS with updated contact information if the Administrative Contact is added or changed. The Administrative Contact is responsible for all business matters relating to this Agreement, including billing. The Administrative Contact will also forward a copy of Exhibit 3 to this Agreement to each Key Contact. ## 6. KEY CONTACTS. Members designate the Authorized Users listed in Exhibit 5 to be Key Contacts. Each Member should have a local Key ~ontact. Members will provide CAS with necessary contact information immediately if a Key Contact is added or changed. ## The Key Contact is responsible for the following tasks: - A. Client Software. The Key Contact is responsible for downloading the SciFinder Scholar client software initially and downloading the software as maintenance releases become available, from the CAS server and for appropriately customizing it for use at a given Site. Customization means keying in the loginid and password and determining software preference settings. The Key Contact is also responsible for loading the client software on the Member network such that only Authorized Users have access and may download copies. - B. Support of Authorized Users. The Key Contact will serve as the first point of contact for any Authorized User question about SciFinder Scholar. As necessary, the Key Contact may request CAS Help Desk and Customer Service support via telephone during regular service hours. I - C. CAS Inquiries. The Key Contact will serve as CAS' first point of contact at a Member Site for any questions or issues that may arise related to use of SciFinder Scholar during the term of this Agreement. In the event that CAS inquires regarding use of SciFinder Scholar under the provisions of paragraph 2(F), the Key Contact will use best efforts to assist CAS in exploring and resolving any issues, which will include best efforts to identify Authorized Users associated with Authorized 1.P. Addresses. ## 7. MAINTENANCE RELEASES. CAS will provide Members with SciFinder Scholar maintenance releases at no additional charge. Maintenance releases include routine software fixes. Members must use reasonable efforts to ensure that all Authorized Users install the maintenance release within 90 days of their receipt of the release from CAS. Members acknowledge that, to secure eontinued support of SciFinder Scholar, Authorized Users must install the maintenance releases within this 90 day p>erio<;I. ## 8. GENERAL PROVISIONS. - A. Ownership. The copyright and title to all property interests in or to SciFinder Scholar and updates thereto, including source and object code, user manuals, and scientific information accessed using it are in and will remain with the ACS as owner, and this Agreement does not grant UNIVERSITY or a Member any right of ownership. The copyright of the ACS is under the Copyright Law of the US (Title 17, U.S. Code), which is party to both the Universal Copyright Convention and the Berne Copyright Convention. UNIVERSITY and Members agree to not remove or obscure copyright notices. - L!NIVE~SITY, UNIVERSITY's Key Contact(s) and Authorized Users are prohibited from making any modifications, ~daptations, enhancements, decompilations, changes or derivative works of SciFinder Scholar. UNIVERSITY is not permitted to use SciFinder Scholar except as specifically set forth herein. - B. Confidentiality. UNIVERSITY and Members agree to keep the specific terms of this Agreement strictly confidential a13 if it were UNIVERSITY's or Members' own confidential information; except as required by applicable law and except as provided in Exhibit 6, License Summary, which may be posted on the California Digital Library website. ## Exhibit 3 ## User Agreement You certify to the following before you use SciFinde~ Scholar: - 1) I am a current faculty or administrative staff mEjmber, or officially registered student of UNIVERSITY; · - 2) I will use SciFinder Scholar only for my own academic research done in the course of pursuing my degree, or in instructing my students, or, in the1course of my own research funded by the government or a non-profit foundation and intended for publication in the publicly available literature; - 3) I will NOT use Sci Finder Scholar for commer~ial research; for example, research that is done under a funding or consultant contract where the resul'5 are delivered to a for-profit organization, or for research that involves patentability searching. If I require SciFinder for commercial purposes, I will have the search done using a commercial account by contaqting the librarian responsible for chemistry searches on campus, by contacting CAS and having them perform a search for me, or by acquiring and using the commercial SciFinder product; - 4) I will use my search results in the ordinary course of academic research and acknowledge that I may store search results in electronic form, provided that at any one time, I store no more than 5,000 records. I may share search results in a limited, reasonable way with other UNIVERSITY students or faculty working on the same project, but I will not ag~regate my electronic search results with those of anyone else. I will delete stored records when I no longer need them for the relevant research project, or after the completion of my degree program, whichever occurs first. If I need to use search results beyond what is described here, I will contact my UNIVERSITY1 Key Contact to discu$s and to obtain CAS permission. I ACKNOWLEDGE THAT I AM NOT PERMIITED TO DISTRIBUTE ANY CAS DATA OR SCIFINDER SCHOLAR, FOR COMMERCIAL GAIN OR OTHERWISE, OUTSIDE THE UNIVERSITY OR TO THIRD PARTIES. - 5) I acknowledge that UNIVERSITY has entereq into a license agreement with CAS to provide me with access to SciFinder Scholar, and that violation, of the license by any user could result in a termination of the license for all users. · - 6) I will contact UNIVERSITY's Key Contact with ~ny questions related to the use of SciFinder Scholar.

- A. Prices. Fees for the license to SciFinder Scholar are c)letermined on the basis of number of Concurrent Users llJer Site, and are differentiated according to print CA $ubscriber status, selection of SSM and hours of <!lVailability. UNIVERSITY may customize the feature ~onfiguration of each Concurrent User with or without ~SM, for either Full or Offpeak Access. ~NIVERSITY elects the feature configuration and number <l>f Concurrent Users for each Member Site as specified in l!:xhibit 4 for its initial order. q;oncurrent User(s) may be added during the current term for a prorated fee at then-current prices. Feature c:onfigurations may be upgraded during an Agreement t~rm for a prorated fee. Other feature configuration cthanges may be made during an Agreement term upon mutual agreement. - $. Evaluation Period. Each Member is eligible to ~valuate SciFinder Scholar through December 31, 1999 at no charge. On or before December 31, 1999, L;JNIVERSITY must notify CAS at [email protected], followed by fax notification to 614-447-3939, should it wish tp not license SciFinder Scholar. In that event the license granted in this Agreement is revoked, UNIVERSITY will 11ave no rights to continue to use SciFinder Scholar and limited data use rights as specifically provided in paragraph 9C of this Agreement. If UNIVERSITY does - not notify CAS on or before December 31, 1999 of the evaluation period, then access to, SciFinder Scholar will continue uninterruptectl and UNIVE'RSITY will be invoiced in accordance with paragraph 40. - C. Other Services. Fees for Web services made accessible through SciFinder Scholar will generally have separate invoices. There may be instances; however, where these fees may appear on your SciFinder Scholar invoice. - D. Invoices. For LJNIVERSITY's initial order, invoicing of the full annual license fee will occ1i.1r during the month following the month during whrch Loginid Activation occurs. Invoices wil be directed to · the Administrative Contact. UNIVERS TY agrees to .remit all invoiced amounts, according to invoice terms. Fees are not refundable under an circumstance. Should Member's print CA subscriber st tus change frorti subscriber to non› subscriber during the initial or any of the renewal terms, CAS will adjust th price accordingly and invoice UNIVERSITY for any additional fees due CAS. Member agrees to remit all ad itional invoiced amounts according to invoice terms. - E. Changes in Prici111g. CAS may change the SciFinder Scholar license fees rteferred to in paragraph 4A and will notify UNIVERSITY's Administrative Contact and Key Contact(s) at least 60f ays in advance of the date that any new prices go into effect. Price modifications affect Concurrent Users a ded after the price change and renewal orders only.

This Agreement is effective when both parties have signed ilt. The initial term extends through the last day of the 12th month following the date of Loginid Activation under 1.,JNIVERSITY's initial order. It will automatically renew on each anniversary date thereafter for another 12 month period unless terminated as permitted herein. ~ecause renewal is automatic, UNIVERSITY must notify CAS in advance if UNIVERSITY does not desire to tontinue this Agreement following the end of each 12 ~onth period or if UNIVERSITY's requirements for ~ciFinder Scholar change; UNIVERSITY will provide a minimum 30 days' advance notice of this. If CAS does rhot receive the minimum notice, CAS will automatically ~enew this Agreement for the then-current number of ~oncurrent Users at each Site for the next 12 month Ji>eriod.

9cffc90b-4b20-477d-b2b7-6c511e6d3cde

Springer-Nature_2017-2019_Amendment-20180402_Redacted

## SPRINGER NATURE ## AMENDMENT TO LICENSE AGREEMENT This Amendment to License Agreement ("Amendment") is dated the 2nd day of April, 2018 and will be effective upon execution by and between: Regents of the University of California, a non-profit academic institution, with its principal offices at: California Digital Library (for itself, and, if applicable, on behalf of any Licensees listed in Attachment 1 to the License Agreement referenced hereinbelow) ("Customer"), and Springer Customer Service Center, LLC. ("Licensor") License ID: 55814.001 WHEREAS, Customer and Licensor entered into a license agreement with License ID 55814 dated December 26 tn , 2017 (the "License Agreement"); WHEREAS, Customer and Licensor desire to continue the License Agreement under the same Terms and Conditions set forth therein, except as expressly modified herein; THEREFORE, the parties agree that all provisions of the License Agreement are hereby incorporated into this Amendment and made a part hereof, subject to the following modifications: 1. The Products and License Fee table of the License Details will be replaced with Attachment 1 of this Amendment to License Agreement. 2. Clause 2 P ay ment Term of the License Details will be replaced with Attachment 2 of this Amendment to License Agreement. 3. Clause 3.2 Subscribed Journals of the Product Terms Single Title Journal Subscriptions (N at ur e Research G o r u p) for University of California Participating Institutions will be supplemented with Attachment 3 of this Amendment to License Agreement. 4. Clause 3.2 Subscribed Journals of the Product Terms Single Title Journal Subscriptions (Nature Research Group) for University of California Participating Institutions will be supplemented with Attachment 4 of this Amendment to License Agreement. 5. Clause 3.2 Subscribed Journals of Product Terms Single Title Jou rn a l S ub scrip ion t s (Nature Research Group) for Lawrence Berkeley National Laboratory will be supplemented with Attachment 5 of this Amendment to License Agreement. License ID: 55814.001 ## SPRINGER NATURE All other terms and conditions of the License Agreement not expressly modified by this Amendment shall remain in fu II force and effect. ## SPRINGER NATURE IN WITNESS WHEREOF, the parties have signed this Amendment by their respective, duly authorized representatives on the date set forth below. Title Associate Executive Director Title Date \_6/1 /2018 \_\_\_\_\_\_ \_ 04 June 2018 Date: ----- ## SPRINGER NATURE ## LICENSE DETAILS: ## 1. Products and License Fee | Products | Annual Price Increase Ca | Participants | License Fee | License Fee | |----------------------------------------------------------------------|-------------------------------|---------------------------|---------------|---------------| | | | | 2017 | 2019 | | Single Title Journal Subscriptions I Springer Research Group) - | | University of California | | | | | | LBNL | | | | | | LLNL | | | | S rin | | Total | | | | | | University of California | | | | Subscriptions | | LBNL | | | | !Springer Reearch | | LLNL | | | | Group) - Adis | | Total | | | | Single Title Journal | | University of California | | | | Subscriptions | | LBNL | | | | I Springer | | LLNL | | | | Research Group) - Academic Journals on nature.com | | Total | | | | Single Title Journal Subscriptions !Nature Research | | University of California | | | | Group) | | L | | | | Group) | | N | | | | Springer Nature | | California LBNL | | | | Methods eBook Collections | | Total | | | | Protocols and | | | | | | Protocols and | | LLNL | | | | License Fees in | | | | | | Protocols and | | LLNL | | | | | | Total | | | | Total | | | | | ## Attachment 1 ## SPRINGER NATURE ## Attachment 2 ## 2. Payment Terms - 2.2 The License Fee for subsequent years of the Term will be calculated as follows: The License Fee for each Product in each year after the first year of the Term will be increased b � or Springer Joumals, -eBooks -or Springer Protocols, and .. for Nature Journals over the License Fee for such Product during the immediately preceding year of the Term. In 2018 and 2019 the Participating Institutions listed in the table below will be invoiced directly for the listed License Fees(s) for Nature Journals added in 2018. The License Fee(s) listed below are part of the License Fee(s) of the Products and License Fee table's Single Title Journal Subscriptions (Nature Res ear ch Group) License Fee(s) | Products | Annual Price | Participants | License Fee | |--------------------------------------------------------|-----------------|---------------------------------------------------------------|---------------| | Single Title Journal Subscriptions (Nature Research | | University of California Berke le University of California | | | Single Title Journal Subscriptions (Nature Research | | Davis | | | Single Title Journal Subscriptions (Nature Research | | University of California LosAn eles | | | Single Title Journal Subscriptions (Nature Research | | University of California San Deigo | | | Single Title Journal Subscriptions (Nature Research | | University of California Santa Barbara | | | Single Title Journal Subscriptions (Nature Research | | LBNL | | | Total | | | | # 1 2 3 Attachment 3 ## Product Terms ## Single Title Journal Subscriptions (Springer Research Group) ## 3.1 3.2 Subscribed Journals U iv n ersit y of California, Office of the President U iv n ersit y of California, Berkeley University of C l a if o rni a, Davis University of C a if l or ni a, Irvine University of C a if l o rni a, Los Angeles University of C a if l o rni a , Merced University of C l a if or ni a, Riverside University of Ca iforni l a , San Diego University of California, San Francisco University of California, Santa Barbara University of Ca ifor l n a i , Santa Cruz ## Springer Journals (Subscribed Journals with Perpetual Access for all above-named Participating Institutions) Additional Consortia Springer Title L st i Title# Title 11615 41997 Politische Vierteljahresschrift Canadian Journal of Public Health 42161 Journal of Plant P atho o l g y elSSN 1862-2860 1920-7476 2239-7264 Year 2018-2019 2018-2019 2018-2019 Discontinued Springer Titles | # | Title# | Title | elSSN | Year | |-----|----------|------------------------------------------------------------------|--------------|--------| | | 40553 | Metallurgical and Materials Transactions E | 2196-2944 | 2017 | | 2 | 11999 | Cl n i ic al O rt h o p aed ics a nd R e lat e d Re se r a ch | 1528-1132 | 2017 | | 3 | 12160 | Annals of Behavioral Medicine | 1532-4796 | 2017 | | 4 | 11743 | Journal of the American Oil Chemists' So c iety | 1558-9331 | 20 1 7 | | 5 | 1 1745 | Lipids | 1558 9307 - | 2017 | Discontinued Academic Journal on Nature.com starting 2018 | # | Title# | Title | ISSN | Year | |-----|----------|------------------------------|-----------|--------| | 1 | 41442 | Immunology & Cell Biology | 0818-9641 | 2017 | License ID: 55814.001 ## SPRINGER NATURE ## SPRINGER NATURE ## Attachment 4 ## Product Terms ## Single Title Journal Subscriptions (Nature Research Group) ## 3.2 Subscribed Journals with Perpetual Access Below Journals will billed directly to the Participating lnstituions in 2018 and 2019. All Journals were quoted at -ff of list price ## u ·t f c rt n1versiry o a 1 orn1a, Offi ice o f th e P res1 'd en t | # | Title# | Title | elSSN | Year | |-----|----------|--------------------------------|-----------|----------------| | 1 | 41929 | Nature Catalysis | 2520-1158 | 2 1 0 8-2 0 19 | | 2 | 41928 | Nature Electronics | 2520-1131 | 2018-2019 | | 3 | 41893 | Nature Sustainability | 2398-9629 | 2018-2019 | | 4 | 41572 | Nature Reviews Disease Primers | 2056-676X | 2018-2019 | ## University of California, Berkeley | # | Title# | Title | elSSN | Year | 2018 pricing 2019 pricing | |-----|----------|-----------------------|-----------|--------------|-----------------------------| | 1 | 41929 | Nature Catalysis | 2520-1158 | 2018 2 - 019 | | | 2 | 41928 | Nature Electronics | 2520-1131 | 2018-2019 | | | 3 | 41893 | Nature Sustainability | 2398-9629 | 2018-2019 | | ## University of California, Davis | # | Title# | Title | elSSN | Year | 2018 pricing | 2019 pricing | |-----|----------|--------------------------------|-----------|-----------|----------------|----------------| | | 41929 | Nature Catalysis | 2520-1158 | 2018-2019 | | | | 2 | 41928 | Nature Electronics | 2520-1131 | 2018-2019 | | | | 3 | 41893 | Nature Sustainability | 2398-9629 | 2018-2019 | | | | 4 | 41572 | Nature Reviews Disease Primers | 2056-676X | 2018-2019 | | | ## University of California, Los Angeles | # | Title# | Title | elSSN | Year | 2018 pricing | 2019 pricing | |-----|----------|--------------------------------|-----------|-----------|----------------|----------------| | 1 | 41929 | Nature Catalysis | 2520-1158 | 2018-2019 | | | | 2 | 41928 | Nature Electronics | 2520-1131 | 2018-2019 | | | | 3 | 41893 | Nature Sustainability | 2398-9629 | 2018-2019 | | | | 4 | 41572 | Nature Reviews Disease Primers | 2056-676X | 2018-2019 | | | ## Universit of California, Merced | # | Title# | Title | elSSN | Year | 2018 pricing | 2019 pricing | |-----|----------|-----------------------|-----------|-----------|----------------|----------------| | | 41893 | Nature Sustainability | 2398-9629 | 2018-2019 | | | ## University of California, San Diego | # | Title# | Title | elSSN | Year | 2078 pricing | 2019 pricing | |-----|----------|------------------------|-----------|-----------|----------------|----------------| | | 41893 | Nature Sustainability | 2398-9629 | 2018-2019 | | | License ID: 55814.001 ## SPRINGER NATURE | # | Title # | Title | elSSN | Year | 2018 pricing | |-----|-----------|---------|-----------|-----------|----------------| | 2 | 41572 | | 2056-676X | 2018-2019 | | Universit of California, Santa Barbara | # | Title # | Title | | | 2018 pricing | 2019 pricing | |-----|-----------|------------------------|-----------|-----------|----------------|----------------| | | 41893 | Nature Sustainability | 2398-9629 | 2018-2019 | | | ## SPRINGER NATURE Attachment 5 ## Product Terms ## Single Title Journal Subscriptions (Nature Research Group 3.2 Subscribed Journals with Perpetual Access Below Journals will billed dire c tly to University of California, Berkeley in 2018 and 2019. All Journals were quoted a -ff of list price. Lawrence Berkeley National Laboratory | # | Title# | Title | elSSN | Year | |-----|----------|-----------------------|-----------|-----------| | 1 | 41929 | Nature Catalysis | 2520-1158 | 2018-2019 | | 2 | 41928 | Nature Electronics | 2520-1131 | 2018-2019 | | 3 | 41893 | Nature Sustainability | 2398-9629 | 2018-2019 | License ID: 55814.001

- 2.2 The License Fee for subsequent years of the Term will be calculated as follows: The License Fee for each Product in each year after the first year of the Term will be increased b � or Springer Joumals, -eBooks -or Springer Protocols, and .. for Nature Journals over the License Fee for such Product during the immediately preceding year of the Term. In 2018 and 2019 the Participating Institutions listed in the table below will be invoiced directly for the listed License Fees(s) for Nature Journals added in 2018. The License Fee(s) listed below are part of the License Fee(s) of the Products and License Fee table's Single Title Journal Subscriptions (Nature Res ear ch Group) License Fee(s) | Products | Annual Price | Participants | License Fee | |--------------------------------------------------------|-----------------|---------------------------------------------------------------|---------------| | Single Title Journal Subscriptions (Nature Research | | University of California Berke le University of California | | | Single Title Journal Subscriptions (Nature Research | | Davis | | | Single Title Journal Subscriptions (Nature Research | | University of California LosAn eles | | | Single Title Journal Subscriptions (Nature Research | | University of California San Deigo | | | Single Title Journal Subscriptions (Nature Research | | University of California Santa Barbara | | | Single Title Journal Subscriptions (Nature Research | | LBNL | | | Total | | | |

97739843-582e-434c-8c9c-ea53cdb108cd

ElsevierSD2014_amdt93_UCB_Redacted

## NINETY IBIRD AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, h t e partie s hereto have previously entered into an agreement dated 9 April 2014, as last amended on 14 March 2017(the "Agreement") and wish to amend the Agreement as set forth in this amendment ("Amendment"). NOW, THEREFORE, in cons id e r at io n of the mutual promises and covenants set forth b e lo w , and for such other good and valuable consideration, the receipt and sufficiency of which arc h ere b y acknowledged, the parties hereto agree to amend the Agreement as of the e xecut io n date below as set forth on Schedule l. Except as specifically amended hereby, all of the existing terms and conditions of the Agreement arc hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any tenns or c o di i n t o ns of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall pr e va i l . IN WITNESS WHEREOF, the parties have executed this Amendmenl by their r e s pect v i e , duly au h t or ized r eprese n tativ e s as of 11 May 20 I 7. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA 0/B/0 THE CALIFORNIA DIGITAL LIBRARY (Subscriber) Tille: Associate Executive Director ## ELSEVIER B. V. (Elsevier) Title: Executive Vice President Research S o u l t o i n Sales Amendment No.: 1-13564822785 ## Schedule 1 Subscribed Products/Access/Fees The Subscribed Products and Fees identified below are in addition to those identified in the Agreement. ## UNIVERSITY OF CALIFORNIA, BERKELEY No. 1-13564822785 | Subscribed Products - publisher | Access | 2017 USD | |---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------|-------------| | ScieoceDirect® online- Elsevier B.V. | sciencedirect.com | | | Cell Press Collection Fee | | | | Elsevier Reference Works (perpetual access) -Comprehensive Hard Materials-9780080965284 -Shreir's Corrosion-9780444527875 -Comprehensive Materials Finishing-9780128032497 -Encyclopedia of Analytical Science (Second Edition)- 9780123693976 | | | | TOTAL FEES | | | ## Annex A to Schedule 1.1 Subscribed Titles ## UNIVERSITY OF CALIFORNIA, BERKELEY | Product ID | ISSN | Cell Press Collection Journal Title | |--------------|-----------|------------------------------------------| | 18875 | 2451-9294 | Chem |

35c824fb-e232-4f44-9179-662f0f89d767

wiley_2004_appendix_E_amend4

-- --- m------- ## APPENDIX E - Journal Backfile Collections Amendment Four Licensed Electronic Journal Backfile Collections are the electronic (online) editions of Wiley journal content published in years designated as part of a backfile package to which the Licensee has access under this license, including tables of content, abstracts, full text and illustrations and any additional electronic journal content not included in the print versions of the journals. Journal Backfiles are organized into subject collections. ## Archivin!! Ri!!hts: - 1. Wiley will provide the Licensee with access to the full text of the Licensed Electronic Journal Backfile Collections, either by continuing online access to the same material on Wiley's server or by means of an archival copy in the electronic medium selected by Wiley, at a cost-based fee agreed to by both parties. - 2. Upon request, CDL may receive during the term of the agreement from Wiley the entire set of materials licensed under this agreement and create one (1) copy to be maintained as a backup or archival copy or as required to exercise CDL's perpetual rights, as stated above. Conditions and terms of use will be exercised pursuant to the terms of the agreement and subsequent amendments. ## Pricin!! Journal Backfile Collection pricing is based on the Licensee's number of FTEs. For this purpose FTEs are defmed as full-time equivalent students and academic facuhy or employees. FTE: 8t | | General Medicine Backfile Collection | | |----|--------------------------------------------------------------------------------------------------------------------|----------------| | | Titles | Years Included | | 1 | Arthritis & Rheumatism | 1958-1998* | | 2 | Arthritis Care & Research (merged into Arthritis & Rheumatism as a section in 2001) | 1988-1998* | | 3 | British Journal of Smgery (incl. European Journal of Surgery) | 1914-1997 | | 4 | Catheterization and Cardiovascular Diagnosis (cW'Tently known as Catheterization and Cardiovascular futerventions) | 1975-1995 | | 5 | Concepts in Magnetic Resonance | 1988-1995 | | 6 | European Journal of Immunology | 1971-1997 | | 7 | Hepatology | 1981-1995 | | 8 | futernational Journal of Imaging;Systems and Technology | 1989-1995 | | 9 | Journal of Clinical Laboratory Analysis | 1987-1995 | | 10 | Journal of Clinical Ultrasound | 1973-1995 | | 11 | Journal of Magnetic Resonance Imacinp; | 1991-1998 | | 12 | Journal of Medical Virology | 1977-1995 | |------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------| | 13 | Lasers in Surgery and Medicine | 1981-1995 | | 14 | Magnetic Resonance in Medicine | 1980-1998 | | 15 | Proceedings of the International Society for Magnetic Resonance in Medicine (incorporating Proceedings of the Society of Magnetic Resonance [1993], and Proceedings of the Society of Magnetic Resonance in Medicine [1982-1992] | 1982-1998 | | 16 | Microsurgery | 1980-1995, 1997 | | 17 | Neurourology and Urodvnamics | 1982-1995 | | 18 | NMR in Biomedicine | 1988-1995 | | 19 | Pediatric Pulmonology | 1985-1995 | | 20 | Practical Diabetes International | 1984-1999 | | 21 | Prenatal Dia.!mosis | 1981-1995 | | 22 | Reviews in Medical Virology | 1991-1995 | The California Digital Library has agreed to add the General Medicine Backfile Collection to our Wiley InterScience electronic holdings for the University of California, Berkeley under the Terms and Conditions of the Enhanced Access License (EAL) for Wiley InterScience dated January 1, 2004 between Wiley Subscription Services, Inc. and the California Digital Library and further agree to the pricing specified in Appendix E, Amendment Four. ## AGREED AND ACCEPTED California Digital Library on behalf of the Regents of the University of California 5'{1JDIO b Date: Wiley SubscriptionServices, Inc

Journal Backfile Collection pricing is based on the Licensee's number of FTEs. For this purpose FTEs are defmed as full-time equivalent students and academic facuhy or employees. FTE: 8t | | General Medicine Backfile Collection | | |----|--------------------------------------------------------------------------------------------------------------------|----------------| | | Titles | Years Included | | 1 | Arthritis & Rheumatism | 1958-1998* | | 2 | Arthritis Care & Research (merged into Arthritis & Rheumatism as a section in 2001) | 1988-1998* | | 3 | British Journal of Smgery (incl. European Journal of Surgery) | 1914-1997 | | 4 | Catheterization and Cardiovascular Diagnosis (cW'Tently known as Catheterization and Cardiovascular futerventions) | 1975-1995 | | 5 | Concepts in Magnetic Resonance | 1988-1995 | | 6 | European Journal of Immunology | 1971-1997 | | 7 | Hepatology | 1981-1995 | | 8 | futernational Journal of Imaging;Systems and Technology | 1989-1995 | | 9 | Journal of Clinical Laboratory Analysis | 1987-1995 | | 10 | Journal of Clinical Ultrasound | 1973-1995 | | 11 | Journal of Magnetic Resonance Imacinp; | 1991-1998 | | 12 | Journal of Medical Virology | 1977-1995 | |------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------| | 13 | Lasers in Surgery and Medicine | 1981-1995 | | 14 | Magnetic Resonance in Medicine | 1980-1998 | | 15 | Proceedings of the International Society for Magnetic Resonance in Medicine (incorporating Proceedings of the Society of Magnetic Resonance [1993], and Proceedings of the Society of Magnetic Resonance in Medicine [1982-1992] | 1982-1998 | | 16 | Microsurgery | 1980-1995, 1997 | | 17 | Neurourology and Urodvnamics | 1982-1995 | | 18 | NMR in Biomedicine | 1988-1995 | | 19 | Pediatric Pulmonology | 1985-1995 | | 20 | Practical Diabetes International | 1984-1999 | | 21 | Prenatal Dia.!mosis | 1981-1995 | | 22 | Reviews in Medical Virology | 1991-1995 | The California Digital Library has agreed to add the General Medicine Backfile Collection to our Wiley InterScience electronic holdings for the University of California, Berkeley under the Terms and Conditions of the Enhanced Access License (EAL) for Wiley InterScience dated January 1, 2004 between Wiley Subscription Services, Inc. and the California Digital Library and further agree to the pricing specified in Appendix E, Amendment Four.

a3e11830-d335-477f-af4a-6667396a5636

STElsevierSD2014_amdt21_UCD_Redacted

## TWENTY-FIRST AMENDMENT TO EL EVIER SUB CRIPTION AGREEMENT WHEREAS. 1he parties here10 have previously entered into an agreement dated 9 April 2014 (the '"Agreement .. ) as last amended on 1 2 June 2014 and wish to amend the Agreement as se1 forth in this amendment ("Amendment .. ). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, and for such other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged. the parties hereto agree to amend 1he Agreement as of the execution date below as set forth below and on Schedule I . Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized tenns used herein that are :not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement connict with or are inconsistent with this Amendment. the tenns of this Amendment shall prevail. IN WITNESS WHEREOF, the pa11ies have executed this Amendment by their respective. duly authorized representatives as of 25June1014. ## THE REGENTS Of THE UNIVERSITY OF CALIFORNIA ofb/o THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) ## EL EVIER B.V. (Els Nam Title: Managing Director. Global ales & Customer Marketing, cience & Technology Amendment No t-6662616~17 ## TWENTY-FIRST AMENDMENT TO ELSEVIER SUB CRIPTION AGREEMENT chedule I Subscribed Produc1s/Access/Fees ## UNIVERSITY Of CALIFORNIA, DAVIS | | i'o. 1 -666261 6~1 7 | |-------------------------------------------------------------------------|-------------------------| | Subscribed Products - publisher cienceOirectfi online - Elsevier B.V. | 2014 USO | | Elsevier eBooks Titles | | | TOTAL FEES | | ## Annex A to Sch, edule I Elsevier cBooks Titles ## UNIVERSITY OF CALIFORNIA, DAVIS | | Elsevier eBooks Title | Final Net Price 2014 | |-----------------|---------------------------------|------------------------| | 9780 1 24046290 | Evolution of Fossil Ecos stems | |

4b1a0d6a-e898-4871-9445-5188a9b5b848

ElsevierSD2009_amdt92_UCB_Redacted

## NINETY-SECOND AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the "Agreement") as last amended on 29 March 2013 wish to amend the Agreement as set forth in this NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below; and for such other good and valuable consideration; the receipt and sufficiency of which are hereby acknowledged; the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1. Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment. the terms of this Amendment shall prevail. authorized representatives as of 2 April 2013. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) [Text deleted] [Text deleted] Nanr EL' (Els Nar Title . Amendment No : 1-4048697175 Marketing; Science & Technology ## NINETY-SECOND AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule Subscribed Products/Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA, BERKELEY No. 1-4048697175 | Subscribed Products publisher | Access | 2013 | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------|--------| | ScienceDirect@ online Elsevier B.V. | sciencedirect.com | | | Elsevier eBooks Titles | | | | Elsevier Reference Works (perpetual access) -Treatise on Geomorphology- -Treatise on Estuarine and Coastal Science - ~International Encyclopedia of Human Geography- | | | | TOTAL FEES | | | ## Annex A to Schedule 1 Elsevier eBooks Titles ## UNIVERSITY OF CALIFORNIA, BERKELEY | Product ID | Elsevier eBooks Title | Final Net Price 2013 | |---------------|---------------------------------------------------|------------------------| | 9780444516107 | British Logic in the_Nineteenth Century | | | 9780444504661 | Greek;_Indian and Arabic Logic | | | 9780444516220 | Logic and the Modalities in the Twentieth Century | | | 9780444516206 | | | | 9780444516251 | Mediaeval and Renaissance_Logic | | | 9780444516237 | The Many Valued and Non-Monotonic Turn in Logic | | | 9780444516114 | Frege | |

819174fa-8c7a-4e59-8bf0-a35bb8b0cdb7

ST_Tier2_MaryAnnLiebert_journals_2010_Redacted

## LICENSE AGREEMENT ## MARY ANN LIEBERT, INC. ## AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA This License Agreement (this "Agreement") is made effective as of date (the "Effective Date") between Mary Ann Liebert, Inc., New Rochelie, NY, 10801 ("Licensor") and The Regents of the University of California, a non-profit academic institution, with its principal offices at The California Digital Library, University of California Office of the President, 415 20th Street, 4* floor, Oakland, CA 94612, USA ("Licensee"). In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ## I. CONTENT OF LICENSED MATERIALS; GRANT OF LICENSE The materials that are the subject of this Agreement shall consist of electronic information published by the Licensor as shown in Appendix A (hereinafter referred to as the "Licensed Materials"). Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement. ## II. DELIVERY/ACCESS OF LICENSED MATERIALS TO LICENSEE Licensor will provide the Licensed Materials to the Licensee in the following manner: Network Access. The Licensed Materials will be stored at one or more Licensor locations in digital form accessible by telecommunications links between such locations and authorized locations of Licensee. ## III. 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SPECIFIC RESTRICTIONS ON USE OF LICENSED MATERIALS Unauthorized Use. Licensee shall not knowingly permit anyone other than Authorized Users to use the Licensed Materials. Modification of Licensed Materials. Licensee shall not modify, manipulate, or create a derivative work of the Licensed Materials without the prior written permission of Licensor. 3 Removal of Copyright Notice. Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials. Commercial Purposes. Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials, fee-for-service use of die Licensed Materials, or bulk reproduction or distribution of the Licensed Materials in any form; nor may Licensee impose special charges on Authorized Users for use of the Licensed Materials beyond reasonable printing or administrative costs. ## VI. MUTUAL PERFORMANCE OBLIGATIONS User Surveys. Licensee and Licensor shall cooperate on the preparation and provision of user surveys to solicit feedback on the Licensed Materials from Authorized Users. Confidentiality of User Data. Licensor and Licensee agree to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee and its Authorized Users. Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate form. Raw usage data, including but not limited to information relating to the identity of specific users and/or uses, shall not be provided to any third party. Implementation of Developing Security Protocols. Licensee and Licensor shall cooperate in the implementation of security and control protocols and procedures as they are developed during the term of this Agreement. ## VII. LICENSOR PERFORMANCE OBLIGATIONS Availability of Licensed Materials. Upon the Effective Date of this Agreement, Licensor shall make the Licensed Materials available to Licensee and Authorized Users. A Documentation. Licensor will provide and maintain help files and other appropriate user documentation. Training and Support. Licensor will offer installation support, including assisting with the implementation of any Licensor software. Licensor will provide appropriate training to Licensee staff relating to the use of the Licensed Materials and any Licensor software. Licensor will offer reasonable levels of continuing support to assist Licensee and Authorized Users in use of the Licensed Materials. Licensor will make its personnel available by email, phone or fax during regular business hours, Monday through Friday for feedback, problem-solving, or general questions. Quality of Service. Licensor shall use reasonable efforts to ensure that the Licensor's server or servers have sufficient capacity and rate of connectivity to provide the Licensee and its Authorized Users with a quality of service comparable to current standards in the on-line information provision industry in the Licensee's locale. Licensor shall use reasonable efforts to provide continuous service seven (7) days a week with an average of 98% up-time per month. The 2% down-time includes periodic unavailability due to maintenance of the server(s)? the installation or testing of software, the loading of additional Revised 10-08 4 Licensed Materials as they become available, and downtime related to the failure of equipment or services outside the control of Licensor, including but not limited to public or private telecommunications services or internet nodes or facilities. Scheduled down-time will be performed at a time to minimize inconvenience to Licensee and its Authorized Users, If the Licensed Materials fail to operate in conformance with the terms of this Agreement, Licensee shall immediately notify Licensor, and Licensor shall promptly use reasonable efforts to restore access to the Licensed Materials as soon as possible. In the event that Licensor fails to repair the nonconformity in a reasonable time. Licensor shall reimburse Licensee in an amount that the nonconformity is proportional to the total Fees owed by Licensee under this Agreement. Notification of Modifications of Licensed Materials. Licensee understands that from time to time the Licensed Materials may be added to, modified, or deleted from by Licensor and/or that portions of the Licensed Materials may migrate to other formats. Licensor shall give a ninety (90) day notice of any such changes to Licensee. Failure by Licensor to provide such notice shall be grounds for immediate termination of the Agreement by Licensee. Completeness of Content. Licensor shall use reasonable efforts to ensure that the online content is at least equivalent to print versions of the Licensed Materials, represents complete, faithful and timely replications of the print versions of such Materials, and will cooperate with Licensee to identify and correct errors or omissions. Continued Training. Licensor will provide regular system and project updates to Licensee as they become available. Licensor will provide additional training to Licensee staff made necessary by any updates or modifications to the Licensed Materials or any Licensor software. any software. Notice of Terms of "Click-Through" License Terms. In the event that Licensor requires Authorized Users to agree to terms relating to the use of the Licensed Materials before permitting Authorized Users to gain access to the Licensed Materials (commonly referred to as "click-through" licenses). Licensor shall provide Licensee with notice of and an opportunity to comment on such terms prior to their implementation. In no event shall the terms of such "clickthrough" licenses materially differ from the provisions of this Agreement. In the event of any conflict between the terms of such "click-through" licenses and this Agreement, the terms of this Agreement shall prevail. Usage Statistics. Licensor must provide both composite use data for the system-wide CDL and itemized data for individual campuses, on a monthly basis. Use data should be at the level of detail required for objective evaluation of both product performance and satisfaction of user needs, including title-by-title use of journals. Providers should follow the International Coalition of Library Consortia (ICOLC) "Guidelines for Statistical Measures of Usage of Web-Based Information Resources " or provide information in compliance with COUNTER or other recognized international standard. or other Compliance with Americans with Disabilities Act. Licensor shall make reasonable efforts to comply with the Americans with Disabilities Act (ADA). to ## VIIILICENSEE PERFORMANCE OBLIGATIONS Provision of Notice of License Terms to Authorized Users. Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under Revised 10-08 5 under • which access to the Licensed Materials is granted under this Agreement including, in particular, any limitations on access or use of the Licensed Materials as set forth in this Agreement. Provision of Notice of Intellectual Property Right to Authorized Users. Licensee shall make reasonable efforts to provide Authorized Users with notice of any applicable Intellectual Property or other rights applicable to the Licensed Materials. Licensee shall make reasonable efforts to prevent the infringement of any Intellectual Property or other rights of the Licensor in the Licensed Materials. Licensee shall promptly notify Licensor of any infringement that comes to Licensee's attention, and take appropriate steps to avoid its recurrence. Protection from Unauthorized Use. Licensee shall use reasonable efforts to protect the Licensed Materials from any use that is not permitted under this Agreement. In the event of any unauthorized use of the Licensed Materials by an Authorized User, (a) Licensor may terminate such Authorized User's access to the Licensed Materials, (b) Licensor may terminate the access of the Internet Protocol ("IP") address(es) from which such unauthorized use occurred, and/or (c) Licensee shall terminate such Authorized User's access to the Licensed Materials upon Licensor's request. Licensor shall take none of the steps described in this paragraph without first providing a sixty (60) day notice to Licensee and cooperation with the Licensee to avoid recurrence of any unauthorized use. Maintaining Confidentiality of Access Passwords. Where access to the Licensed Materials is to be controlled by use of passwords, Licensee shall issue log-on identification numbers and passwords to each Authorized User and use reasonable efforts to ensure that Authorized Users do not divulge their numbers and passwords to any third party. ## IX. TERM This Agreement shall continue in effect for January 2010 - December 2011 ## X. EARLY TERMINATION In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Licensor believes that Licensee has exceeded the scope of the License, such party shall so notify the breaching party in writing. The breaching party shall have sixty (60) days from the receipt of notice to cure the alleged breach and to notify the nonbreaching party in writing that cure has been effected. If the breach is not cured within the sixty (60) day period, the non-breaching party shall have the right to terminate the Agreement without further notice. Upon Termination of this Agreement for cause online access to the Licensed Materials by Licensee and Authorized Users shall be terminated. Authorized copies of Licensed Materials may be retained by Licensee or Authorized Users and used subject to the terms of this Agreement. In the event of early termination permitted by this Agreement, Licensee shall be entitled to a refund of any fees or pro-rata portion thereof paid by Licensee for any remaining period of the Agreement from the date of termination. ## XI. PERPETUAL LICENSE Notwithstanding anything else in this Agreement, Licensor hereby grants to Licensee a nonexclusive, royalty-free, perpetual license to use any Licensed Materials that were accessible during the term of this Agreement. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The means by which Licensee shall have access to such Licensed Materials shall be in a manner and form substantially equivalent to the means by which access is provided under this Agreement. ## XII. WARRANTIES Subject to the Limitations set forth elsewhere in this Agreement: Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials, that it has obtained any and all necessary permissions from third parties to license the Licensed Materials, and that use of the Licensed Materials by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party. Licensor warrants that the physical medium, if any, on which the Licensed Materials is provided to Licensee will be free from defects for a period of ninety (90) days from delivery. provided ## XIIL LIMITATIONS ON WARRANTIES Notwithstanding anything else in this Agreement; Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials. Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated herein, the Licensed Materials are provided on an "as is" basis, and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party. is" ## XIV. INDEMNITIES The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS Revised 10-08 7 ## AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. Each party shall indemnity and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party may reasonably request and have the right to participate in the defense at its own expense. ## XV. ASSIGNMENT AND TRANSFER Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. ## XVI. GOVERNING LAW This Agreement shall be interpreted and construed according to, and governed by, the laws of California, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in California shall have jurisdiction to hear any dispute under this Agreement. ## XV1L DISPUTE RESOLUTION In the event of any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. Mediation. In the event that the parties cannot by exercise of their best efforts resolve the dispute, they shall submit the dispute to Mediation. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the dispute within five (5) working days after such notice. If those designated representatives cannot resolve the dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within thirty (30) calendar days after such meeting, the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement. Arbitration. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select Revised 10-08 8 an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the clairn(s) or dispute(s) shall be made available to the other party for review and copying no later than sixty (60) days after the notice of arbitration is served. The arbitrators) shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement. ## XIII. FORCE MAJEURE Neither party shall be liable in damages or have the right to terminate this Agreement 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 Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, strikes or other work stoppages, and/or any other cause beyond the reasonable control of the party whose performance is affected. ## XIX. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. ## XX. AMENDMENT No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee. ## XXI. SEVERABILITY If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceabiiiry of the remaining provisions shall not in any way be affected or impaired thereby. ## XXII. WAIVER OF CONTRACTUAL RIGHT Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor Revised 10-08 9 nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. ## XXKI. NOTICES All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies must be sent by U.S. Mail or hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party. ## If to Licensor: Publisher: Mary Ann Liebert, Inc. Address of Publisher: 140 Huguenot St. City of Publisher: New Rochelle State of Publisher: NY Country of Publisher: USA Postal Code of Publisher: 10801 ## If to Licensee: University of California Office of the President California Digital Library 415 20th Street, 4th Floor Oakland, CA 94612 USA Attn: Licensing Dept. ## XXIV. Notice of the Use of Digital Rights Management Technology In the event that Licensor utilizes any type of digital rights management technology to control the access or the usage of Licensed Product, Licensor agrees to notify Licensee of the name, contact information and any technical specifications for the digital rights management technology utilized. ## XXV. Notice of the Use of Digital Watermarking Technology If Licensor utilizes any type of digital watermarking technology for any element of the Licensed Product, Licensor agrees that watermarks will not be visible to the human eye and will not degrade image quality. These watermarks shall not contain user-related information such as account number or IP address. If digital watermarking technology is used, Licensor agrees to notify Licensee, in advance, of the name., contact information, and any technical specifications for the technology used. 10 ## XXVI- Funding Contingency (multi-year agreements) The University of California reasonably believes that funds can be obtained sufficient to pay all monies due during the term of this Agreement and hereby covenants that it will do all things lawfully within it power to obtain, maintain, and properly request and pursue funds from which payments for this transaction may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative review and appeals in the event such portion of the budget is not approved. It is the University of California's intent to make payments for the full term of this transaction. The University of California represents that the use of the materials under this transaction are essential to its proper, efficient and economic operation. In the event no funds or insufficient funds are appropriated and budgeted and are not otherwise legally available by any means whatsoever in any fiscal period for payments due under this transaction, the University of California will immediately notify Licensor of such occurrence and this transaction shall terminate on the last day of the subscription period for which payment has been made without penalty of expense to the University of California of any kind whatsoever, except as to the portions of payments herein agreed for which funds shall have been appropriated and budgeted or otherwise available. In the event of such termination the University of California shall maintain its perpetual right to materials licensed under the subscription periods for which it has fully paid. ## XXVII. OPEN ACCESS OPTION In the event that Licensor offers an open access option to its authors, Licensor agrees to annually review the number of open access articles published in the Licensed Materials tinder the open access option. For all Licensed Materials in which such articles are published, Licensor will share with Licensee the following information: - » the number of articles published under the open access option by University of California authors, listed by journal title and campus. - · the number of articles published under the open access option by all authors, listed by journal title. Licensor will enter into good faith discussions with Licensee concerning open access business models and how these may influence future business models, including the potential impact on institutional subscription pricing. U IN WITNESS WHEREOF, the parties have executed this Agreement by their respective, duly authorized representatives as of the date first above written. Print Name ell Title: Head, Acquisitions, UCSD Libraries Address: Geisel Library University of California, San Diego 9500 Oilman Dr. 0175A La Jolla, CA 11 ## Appendix A ## Business Terms A. This is a 2 year contract for current content January 2010- December 2011 ## B. Each year will be invoiced separately 2010: 5130,000 2011: ## C. Journals licensed: AIDS Patient Care and STDs AIDS Research and Human Retrovimses Antioxidants & Redox Signaling ASSAY and Drug Development Technologies Astrobiology Bariatric Nursing and Surgical Patient Care Cancer Biotherapy and Radiophannaceuticals Cloning & Stein Cells CyberPsychology & Behavior Diabetes Technology & Therapeutics DNA and Cell Biology Environmental Engineering Science Foodborne Pathogens & Disease Genetic Testing and Molecular Bioniarkers High Altitude Medicine & Biology Human Gene Therapy Hybridoma Journal of Alternative and Complementary Medicine: Research on Paradigm, Practice, and Policy, The Journal of Child and Adolescent Psychopharmacology Journal of Computational Biology: A Journal of Computational Molecular Cell Biology Journal of Endourology Journal of Interferon and Cytokine Research Journal of Laparoendoscopic & Advanced Surgical Techniques Journal of Medicinal Food Journal of Neurotrauma Journal of Ocular Pharmacology and Therapeutics Journal of Palliative Medicine Journal of Women's Health Oligonucleotides OMICS: A Journal of Integrative Biology Photomedicine and Laser Surgery Population Health Management (formerly, Disease Management) Rejuvenation Research Stem Cells and Development Surgical Infections Telemedicine and e-Health Thyroid Tissue Engineering, Parts A, B, and C Vector-Borne and Zoonotic Diseases Viral Immunology Zebrafish 13 ## Appendix B ## Campuses of the University of California licensing content University of California, Davis University of California, Irvine University of California, Los Angeles University of California, Merced University of California, Riverside University of California, San Diego University of California, San Francisco University of California, Santa Barbara University of California, Santa Cruz University of California Office of the President 14

The materials that are the subject of this Agreement shall consist of electronic information published by the Licensor as shown in Appendix A (hereinafter referred to as the "Licensed Materials"). Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement.

This Agreement shall continue in effect for January 2010 - December 2011

1e34dff2-f40d-4b5b-b284-d70e830edbf3

Elsevier_Reaxys_lic_agrmt_2014-2018_Redacted

## ELSEVIER SUBSCRIPTION AGREEMENT This agreement ("Agreement" is entered into as of 19 December 2013 by and between the Regents of the University of California on behalf of the California Digital Library, 415 20" Street, 4" Floor, Oakland. CA 94612 USA (the Subscriber" ), and Elsevier B.V. Radarweg 29. 1043 NX Amsterdam, The Netherlands ("Elsevier' The parties hereto agree as follows: ## SECTION 1. SUBSCRIPTION. ## 11 Subscribed Products: Elsevier hereby grants to the Subscriber the non-exclusive; non-transferable right to access and use the products and services identified in Schedule ("Subscribed Products' ) and provide the Subscribed Products to its Authorized Users (as defined herein) subject to the terms and conditions ofthis Agreement. ## 1.2 Authorized Users are the full-time and part-time students , faculty. staff and researchers of the Subscriber and individuals who are independent contractors employed by independent contractors of the Subscriber affiliated with the Subscriber s locations listed on Schedule 2 (the Sites' and individuals computer terminals within the library facilities at the Sites permitted by the Subscriber to access the Subscribed Products for purposes of personal research; education or other non-corporate use. using ## 1.3 Authorized Uses. Each Authorized User may: - access. search. browse and view the Subscribed Products: - print, download and store a reasonable portion of individual from the Subscribed Products for the exclusive use of such Authorized User: and items - incorporate links to the Subscribed Products on the Subscriber 's intranet and internet websites and in electronic coursepacks; reserves and course management systems and instructor websites. provided that the appearance of links andor statements accompanying such links will be changed as reasonably requested by Elsevier. such ## 1.4 Restrictions on Use of Subscribed Products. Except as expressly stated in this Agreement Subscriber and its Authorized Users may not: - except to the extent necessary to make them perceptible on a computer screen to Authorized Users: - remove, obscure or modify in any way any copyright notices; other notices or disclaimers as appear in the Subscribed Products: they - use any robots, spiders; crawlers or other automated downloading programs, algorithms or devices to continuously and automatically search. scrape. extract. link, index or disrupt the working of the Subscribed Products: or deep - substantially or systematically reproduce. retain or redistribute the Subscribed Products. Authorized Users who are independent contractors or are employed by independent contractors may use the Subscribed Products only for the purposes of the contracted research work for the Subscriber. ## 1.5 Intellectual Property Ownership The Subscriber acknowledges that all right, title and interest in and to the Subscribed Products remain with Elsevier and its suppliers, except as expressly set forth in this Agreement , and that the unauthorized redistribution of the Subscribed Products could materially harm Elsevier and its suppliers. ## SECTION 2. ELSEVIER PERFORMANCE OBLIGATIONS. ## 2.1 Access to Subscribed Products . Elsevier will make the Subscribed Products accessible to the Subscriber and its Authorized Users from the internet address set forth on Schedule ] or as may be otherwise set forth herein. ## Quality of Service. Elsevier will use reasonable efforts to provide the Subscribed Products with quality of service consistent with industry standards; specifically, to provide continuous service with an average of 98% up-time per year. with the 2% down-time including scheduled maintenance and repairs performed at time to minimize inconvenience to the Subscriber and its Authorized Users. and to restore service as soonas possible in the event of an interruption or suspension of service. ## 2.3 Withdrawal of Content Elsevier reserves the right to withdraw from the Subscribed Products content that it no longer retains the right to provide or that it has reasonable grounds to believe is unlawful, harmful, false or infringing. ## 2.4 Data Reports . Usage Elsevier will provide usage data reports on the Subscriber's usage activity by email on a monthly basis, right to collect, analyze, and make results available to both internal and extemal constituencies of usage data compiled by Elsevier and made available to Subscriber. Such reports may be accessed by vendors or other third parties retained by the Subscriber only with the express written permission of Elsevier and ## 25 Accessibility Elsevier will make commercially reasonable efforts to comply with the Web Content Accessibility Guidelines 1.0 published by the Web Accessibility Initiative of the World Wide Web Consortium (W3C). ## SECTION 3. SUBSCRIBER PERFORMANCE OBLIGATIONS. ## 3.1 Authentication Access to the Subscribed Products will be authenticated by the use of Internet Protocol (IP") address(es) andor usernames and passwords and/or a delegated authentication mechanism requiring at least two different credentials. to be mutually agreed upon by parties. ## 3.2 Protection from Unauthorized Access and Use. The Subscriber will use reasonable efforts to: - limit access to and use of the Subscribed Products to Authorized Users and notify all Authorized Users of the usage restrictions set forth in this Agreement and that must comply with such restrictions: they - issue any passwords or credentials used to access the Subscribed Products only t0 Authorized Users not to divulge any passwords or credentials to any third party: and - promptly upon becoming aware of any unauthorized use of the Subscribed Products. inform Elsevier and take appropriate steps to end such activity and to prevent any recurrence. In the event of any unauthorized use of the Subscribed Products, Elsevier may suspend the access or require that the Subscriber suspend the access from where the unauthorized use occurred upon notice to the Subscriber and shall promptly restore any suspended access once the unauthorized use has ceased and the Subscriber has taken corrective actions to ensure that such unauthorized use does not recur. The Subscriber will not be liable for unauthorized use of the Subscribed Products by any Authorized Users provided that the unauthorized negligence willful misconduct and that the Subscriber did not permit such unauthorized use to continue after having actual notice thereof. and ## SECTION 4. FEES AND PAYMENT TERMS. The Subscriber will pay to Elsevier the fees set forth in Schedule 1 (the "Fees within thirty (30) days of date of invoice. The are be exclusive of any sales. use, value added. withholding or similar tax and the Subscriber will be liable for any such taxes in addition to the Fees unless the Subscriber is entitledto exemption taxation and provides to Elsevier appropriate documentation of its taxexempt status upon Elsevier's request. If the Subscriber disputes in faith. any amount on Elsevier's invoice, the Subscriber will provide written notice of the dispute to Elsevier along with full supporting documentation within ten (10) business of invoicing, and the Subscriber and Elsevier will use all reasonable efforts to resolve and settle such dispute within ten (10) business days thereafter . Once the invoice dispute is resolved and settled the Subscriber will pay the amount due within thirty (30) days following resolution of dispute: Fees fron good days ## SECTION 5. TERM. ## Term. 2018. ## 5.2 Renewal. This Agreement will be automatically renewed for successive one-year terms; subject to appropriate adjustments to Schedule 1 unless either party gives notice to the other no later than ninety (90) prior to the end of the then current term that it does not intend to renew. days ## 5.3 Early Termination Due To Insufficient Budgetary Allotment From Government. The Subscriber may terminate this Agreement upon thirty (30) notice given by the Subscriber to Elsevier if sufficient funds are not provided, allocated or allotted in future government-approved budgets of the Subscriber or reasonably available or expected to become available from other sources at the time the Subscriber' s payment obligation attaches to permit the Subscriber, in the exercise of its reasonable administrative discretion; to continue this Agreement:. Notwithstanding the foregoing; if access to the Subscribed Products was provided but not yet for prior to termination. Elsevier will be entitled to receive a pro rata portion of the Fees attributable to the of time that access was provided. days paid period ## 5.4 Early Termination for Breach This Agreement may be terminated (i) if the Subscriber defaults in making payment of the Fees, having failed , after thirty (30) breach of any term of this Agreement and fails to remedy the breach within sixty (60) says written notice by the other party . days ## SECTION 6. ELSEVIER WARRANTIES AND INDEMNITIES . ## 61 Warranties. Elsevier warrants that use of the Subscribed Products in accordance with the terms and conditions herein will not infringe the intellectual property rights of any third party . ## 6.2 Indemnities . against any loss. damage. costs liability and expenses (including reasonable attorneys ' fees) arising from or out of any third-party action or claim that use of the Subscribed Products in accordance with the terms and conditions herein infringes the intellectual property rights of such third party. If any such This indemnity obligation will survive the termination of this Agreement. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. ## 6.3 Disclaimer EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE SUBSCRIBED PRODUCTS ARE PROVIDED AS IS" AND ELSEVIER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SUBSCRIBED PRODUCTS AND ANY OTHER DATA DOCUMENTATION OR MATERIALS PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS. INACCURACIES . OMISSIONS. OR DEFECTS CONTAINED THEREIN. AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ## 6.4 Except for the express warranties and indemnities stated herein and to the extent permitted by applicable law. in no event will Elsevier or its be liable for any indirect; incidental, special , consequential Or punitive damages including. but not limited to, loss of data, business interruption or loss of profits, arising out of or in connection with this Agreement, or will the liability of Elsevier and its suppliers to the Subscriber exceed a sum equal to the Fees by the Subscriber hereunder, even if Elsevier or any supplier has been advised of the possibility of such liability or damages. suppliers paid ## SECTION 7. GENERAL. ## 71 Majeure Force Neither party 's delay or failure to perform any provision of this Agreement as a result of circumstances beyond its control (including. but not limited (0. war. strikes. fires. floods. power failures . telecommunications or Internet failures or damage to or destruction of any network facilities or servers) will be deemed a breach of this Agreement. ## 7.2 Severability. The invalidity Or unenforceability of any provision will provisions of this Agreement. ## 7.3 Entire Agreement . This Agreement contains the entire understanding and agreement of the parties and merges and supersedes any and all prior and contemporaneous agreements, communications, proposals and purchase orders, written or oral, between the parties with respect to the subject matter contained herein. ## 7.4 Modification. No modification:. amendment or waiver of any provision of this Agreement will be valid unless in writing and signed by the parties. ## Assignment. The Subscriber will not assign; transfer or license any of its rights or obligations under this Agreement unless it obtains the written consent of Elsevier. which consent will not unreasonably be withheld prior ## 7.6 Privacv. of any Authorized Users to any non-affiliated third party or than as described in this Agreement and in the online privacy policy for the relevant online service ## 7.7 Notices . All notices given pursuant to this Agreement will be in writing and delivered to the party to whom such notice is directed at the address specified below or the electronic mail address as such party will have designated by notice hereunder. If to Elsevier: Elsevier B.V. clo Regional Sales Office; Elsevier Inc . 360 Park Avenue South; New York. NY 10010-1710. USA. ## If to the Subscriber: California Digital Library, 415 St.. 4 h Oakland.CA 94612 USA 7.8 Confidentiality. 20" Floor. The Subscriber and its employees, officers, directors and agents will maintain as confidential and not disclose to any non-affiliated third party without Elsevier 's written consent or except as required by law the financial terms and commercial conditions of this Agreement. prior ## 7.9 Governing Law: ## 7.10 Execution. This Agreement and any amendment thereto may be executed in counterparts. and signatures exchanged by facsimile or other electronic means are effective to the same extent as original signatures IN WITNESS WHEREOF, the parties have executed this Agreement by their respective; duly authorized representatives as of the date first above written. ## UNIVERSITY OF CALIFORNIA LIBRARY SYSTEM (Subscriber) ## [Text deleted] [Text deleted] Zule: Executive Director (Else Name Title: Managing Director, Global Sales & Customer Marketing Science & Technology ## ELSEVIER SUBSCRIPTION AGREEMENT ## Subscribed Products/Access/Fees ## Schedule 1 ## UNIVERSITY OF CALIFORNIA LIBRARY SYSTEM | Subscribed Products Reaxys@ | Access | 31/12/2014 30/12/2015 | 31/12/2015 30/12/2016 | 31/12/2016 30/12/2017 | 31/12/2017 30/12/2018 | |--------------------------------------------------------------|----------|-------------------------|-------------------------|-------------------------|-------------------------| | publisher reaxys.com Reed Elsevier Properties S.A TOTAL FEES | | | | [Text | | No. /-5951158892 ## Reaxys Additional Terms and Conditions Upon termination of the Subscriber 's subscription to Reaxys, the Subscriber will delete all stored copies Notwithstanding the foregoing and for purposes of clarity. the Subscriber will not be required to delete incidental copies of individual items that would be impractical or impossible t0 remove (ie. as may have been embedded in spreadsheets ; reports and similar printed or electronic documents) provided that such individual items will continue to be subject to the usage provisions of the Agreement\_ which provisions will survive the termination of the Agreement. For the avoidance of doubt, individual items extracted from Reaxys; may only be provided by an Authorized User to other Authorized Users . as requisite for legitimate scholarly sharing. The Subscriber and its Authorized Users may not provide such individual items to any third party for non-educational purposes, except as otherwise be expressly permitted in writing by Elsevier. may Subject to terms of this Agreement . Subscriber and its Authorized Users will have unlimited simultancous access to the subscribed Products. ## ELSEVIER SUBSCRIPTION AGREEMENT Schedule 2 Sites/ Authentication/Contacts Subscriber: University of California Library System | Sites: | #Auth. Users: | Authentication: | |---------------------------------------------------------|-----------------|----------------------------------------------------------------| | 9500 Gilman Drive .0175K . La Jolla. CA 92093 0175. USA | 100,000 | University of California IP Address Ranges List Berkeley (UCB) | [Text deleted] Estimated total number of Authorized Users: [Text deleted] For the avoidance of doubt, other institutions and organizations that reside or do business at the above locations (including without limitation companies that are owned wholly or in part by. or affiliated with, the Subscriber) are not Sites; unless expressly stated above The Subscriber will promptly notify Elsevier of any number of relevant Authorized Users, which changes may result in Elsevier terminating the Agreement at the end of the year for which the Fees were unless the parties are able to agree to appropriate fee adjustments for any subsequent years of the term; and may add, withdraw or substitute authentication mechanisms upon mutual agreement of the parties in writing. paid ## Primary Contact ## [Text deleted] Name: [Text deleted] Title: Licensing Manager California Digital Library 415 20" Street, 4" Floor Oakland. CA 94612 USA Address (if different from Section 7.7): E-mail: Phone: ## [Text deleted] [Text deleted] ## Billing Contact Name: Tile: CDL Acquisitions Coordinator University of California Library System; Geisel Library, University of California, 9500 Gilman 0175. USA Name/ Address (if different from Section 7.7): E-mail: Phone: The Subscriber will promptly notify Elsevier of any changes to any of the contact information above.

The Subscriber and its employees, officers, directors and agents will maintain as confidential and not disclose to any non-affiliated third party without Elsevier 's written consent or except as required by law the financial terms and commercial conditions of this Agreement. prior

Elsevier reserves the right to withdraw from the Subscribed Products content that it no longer retains the right to provide or that it has reasonable grounds to believe is unlawful, harmful, false or infringing.

2018.

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STElsevierSD2014_amdt6_UCB_Redacted

## SIXTH AMENDMENT TO ## ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 9 April 2014 (the ··Agreement") as last amended on 30 April 2014 and wish to amend the Agreement as set forth in this amendment ('"Amendment""). NOW, THEREFORE. in consideration of the mutual promises and covenants set forth below, and for such other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule I. Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any tem1s or conditions of the Agreement conflict with or are inconsistent with this Amendment. the tenns of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective, duly authorized representatives as of I May 2014. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/b/o THE CALIFORNIA DIGIT AL LIBRARY (Subscriber) [Text deleted] Nar [Text deleted] Tule: ELS (Else Nam Title: Managing Director, Global Sales & Customer Marketing, Science & Technology Amendment No 1-6379539552 MAY 1 5 2014 ## SIXTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/ Access/Fees ## UNIVERSITY OF CALIFORNIA, BERKELEY Access Subscribed Products - publisher ScienceDirectfi online - Elsevier B.V. sciencedirect.com Elsevier Book Series -Life Sciences -Handbook of Statistics -Comprehensive Analytical Chemistry -Engineering -Physics & Astronomy -Handbook of Numerical Analysis ;-.;o. 1-6379539552 2014 USO [Text deleted] TOTAL FEES

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Wiley_eMRW_Cognitive_Genetics_MedDevices_2007_UCLA_REDACTED

## APPENDIX C \_ LICENSED ELECTRONIC MAJOR REFERENCE WORKS One-Time Purchase Amendment 7 Licensed Electronic Major Reference Works (eMRW) Wiley' s major reference works to which the Licensee has access under this License (the Edition(s)). may include tables of content, abstracts; full text and illustrations , data tables and additional content not included in the versions of the major reference works. They print A One-Time Purchase will entitle the Licensee to the eMRW Edition that is available at the time of purchase. It will also include access to all material added Or updated during the current calendar year. At the end of the current calendar year, the Licensee will have the option of purchasing Annual Updates for the purchased Edition(s) should become available. they ## Archiving Rights: will provide the Licensee with access to the full text of the Licensed Electronic Major Reference Works. in its discretion; will either continue online access to the same material on Wiley's server or provide an archival copy in the electronic medium selected by Wiley, at a reasonable cost-based fee. Wiley Wiley, By providing such access Wiley grants to the Licensee a nonexclusive, royalty-free, license to use such material in accordance with the restrictions on use specified in Paragraph C of the Licensee Agreement, which shall survive any termination of the Agreement. ## Pricing: eMRW pricing will be calculated based on the Licensee' s number of FTEs. For this purpose FTEs are defined as full-time equivalent students and academic faculty. Encyclopedia of Cognitive Science 2007 List price $3,614.00 Minus CDL Invoice Encyclopedia 0f Genetics; Genomics, Proteomics and Bioinformatics 2007 List price = $5,287.00 Minus CDL Invoice Encyclopedia of Medical Devices and Instrumentation 2007 List price 54,300.00 Minus CDL Invoice Licensee's FTE Count: 43,801 The Califomia Digital Library has agreed to add the eMajor Reference Works listed above to our Wiley InterScience electronic holdings for the University of California, Los Angeles, under the Terms and Conditions of the Enhanced Access License for Wiley InterScience dated January 1, 2004, as amended January 1, 2007 between Subscription Services, Inc. and the California Digital Library and further agree to the pricing specified in Appendix €. Wiley AGREED AND ACCEPTED California Digital Library on behalf of the Regents of the Universitv of California Wiley Subscription Services, Inc By: Director, Business Deyelopment Vice President Date: 5 Date: By: 8 / , / 22

eMRW pricing will be calculated based on the Licensee' s number of FTEs. For this purpose FTEs are defined as full-time equivalent students and academic faculty. Encyclopedia of Cognitive Science 2007 List price $3,614.00 Minus CDL Invoice Encyclopedia 0f Genetics; Genomics, Proteomics and Bioinformatics 2007 List price = $5,287.00 Minus CDL Invoice Encyclopedia of Medical Devices and Instrumentation 2007 List price 54,300.00 Minus CDL Invoice Licensee's FTE Count: 43,801 The Califomia Digital Library has agreed to add the eMajor Reference Works listed above to our Wiley InterScience electronic holdings for the University of California, Los Angeles, under the Terms and Conditions of the Enhanced Access License for Wiley InterScience dated January 1, 2004, as amended January 1, 2007 between Subscription Services, Inc. and the California Digital Library and further agree to the pricing specified in Appendix €. Wiley AGREED AND ACCEPTED California Digital Library on behalf of the Regents of the Universitv of California Wiley Subscription Services, Inc By: Director, Business Deyelopment Vice President Date: 5 Date: By: 8 / , / 22

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Wiley_AppendD_amdt2_CPBioinf_2007_UCSB_REDACTED

## APPENDIX D - CURRENT PROTOCOLS ONLINE Amendment Two Current Protocols Online (CP Online) are the electronic (online) editions of Wiley's Current Protocols publications to which the Licensee has access under this License. They include tables of content; abstracts; full text and illustrations; data tables and any additional content not included in the versions of the CP publications; including but not limited to search and retrieval tools;, software and functionality CP Online will be updated regularly . print ## Archiving Rights: Wiley will provide the Licensee with access to the full text of the Licensed Current Protocols Online titles . Wiley, in its discretion, will either continue online access to the same material on Wiley's server Or provide an archival copy in the electronic medium selected by Wiley; at a reasonable cost-based fee. By providing such access Wiley grants to the Licensee a nonexclusive; royalty-free, license to use such material in accordance with the restrictions on use specified in Paragraph C of the Licensee Agreement, which shall survive any termination of the Agreement. ## Pricing: CP Online pricing will be calculated based on the Licensee's number of FTEs. For this purpose FTEs are defined as full-time equivalent students and academic faculty . ## Pricing Current Protocols In Bioinformatics verage 2007 UC campus price 2007 Invoice Price Increase Cap: Licensee's ETE Count: 23.855 ## Appendix Term: 3.22 07 \_ 12.3L02 California Digital Library has agreed to add Current Protocols In Bioinformatics to our InterScience electronic holdings for the University of California; Santa Barbara, under the Terms and Conditions of the Enhanced Access License for Wiley InterScience dated January 1, 2004, as amended January 1, 2007 between W= Subscription Services, Inc . and the California Digital Library and further agree to the pricing specified in Appendix D. Wiley iley AGREED AND ACCEPTED California Digital Library on behalf of Wiley Subscription Services; Inc By: Director, Business Development Vice President Date: Date: By:

Current Protocols In Bioinformatics verage 2007 UC campus price 2007 Invoice Price Increase Cap: Licensee's ETE Count: 23.855

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Elsev_amdt10_Mthds_Cell_Bio_ebk_UCD_REDACTED

## TENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS; the parties hereto have previously entered into an agreement dated 5 February 20092 a5 last amended on 18 November 2009 (the "Agreement ), and wish to amend the Agreement as set forth in this amendment ( Amendment") NOW, THEREFORE; in consideration of the mutual promises and covenants set forth below and for such other are hereby the parties hereto agree to amend the Agreement as of the execution date below as set acknowledged, forth below and on Schedule 1good Except as specifically amended hereby; all of the existing terms and conditions of the Agreement ars ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment; the terms of this Amendment shall prevail: IN WITNESS WHEREOF, the parties have executed this Amendment by their respective; duly authorized representatives as of 18 March 2010. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA on behalf of THE CALIFORNIA DIGITAL LIBRARY (Subscriber) ## [Text Deleted] [Text Deleted] [Text Deleted] Name: Title: (EI Na Title: Managing Director; Academic & Government Rev Nov 2009 Amendment No.: 1-1502693589 and 1-1507195743 Agreement No.: 1-312591452 ## TENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/Access/Fees The Subscribed Products and Fees identified below are in addition to those identified in the Agreement for 2010 through 2013. ## UNIVERSITY OF CALIFORNIA, DAVIS Nos. 1-1502693589 and 1-1507195743 | Subscribed Products publisher | Access | 2010 | 2011 | 2012 | 2013 | |-----------------------------------------------------------------------------|-------------------|--------|--------|-----------|--------| | ScienceDirect@ online Elsevier B.V | sciencedirect.com | | | | | | Complete Collection | | | | | | | discounted | | | | | [Text | | Elsevier Book Series (2006 Methods in Cell Biology | | | | Deleted ] | | | Elsevier Book Series Backfiles (pre- 2000) Methods in Ccll Biology_Backtile | | | | | | | TOTAL FEES | | | | | | ## Elsevier Book Series/Handbook Series Additional Terms and Conditions Upon termination of all of the Subscriber' s annual subscriptions on ScienceDirect online, the Subscriber may , at its option; (1) acquire; load and technically format on a server that enables access and use by Authorized Users an electronic copy of the above book series handbook series for cost andor (2) continue to access such books online for an annual access fee based on the number of chapters downloaded from such books the twelve (12) months at a rate of S0.081 per download (adjusted annually for inflation and cost increases), in accordance with the usage provisions Elsevier shall make available for inspection by duly authorized auditor of the Subscriber; at the Subscriber's sole expense, the records concerning the calculation of the annual access fee one time per year during regular business hours upon thirty (30) written notice to Elsevier . The electronic copy may not contain links and other features and functionality associated with the online version If a particular book is withdrawn by Elsevier or not renewed by the Subscriber; but the Subscriber remains ScienceDirect online subscriber, the Subscriber may continue to access online, at no additional such formerly subscribed book for the publication paid, provided that Elsevier continues to hold the electronic rights thereto. during prior days charge, years ## Annex A to Schedule 1 Additional Subscribed Titles | Jnl No. | ISSN | Subscribed Title (online only) | Qty | List Price 2010 | E-only Fee 2010 | Content Fee 2010 | |-----------|-----------|----------------------------------|-------|-------------------|-------------------|--------------------| | 13453 | 0022-0302 | Journal of Dairy Science | | S708.00 | | |

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Nature_NPG_Jls_addendum_2-21-08_Redacted

## Nature Publishing Group Addendum to License Agreement THIS ADDENDUM is made on the 2lst of February 2008 day BETWEEN: Licensor: Nature America; Inc. d/bla Nature Publishing whose principal place of business is at 75 Varick Street, 9th Floor, New York, NY 10013-1917. Group, Licensee: California Digital Library, of Oakland, CA 94612. St WHEREAS This is an Addendum to the License Agreement ("the License Agreement" ) dated IDecember 2006 and made between the Licensor and the Licensee; NOW IT IS HEREBY AGREED as follows; 1. From the Date hereof the License Agreement shall be amended as follows; The Licensed Material shall, in addition to that specified in the License Agreement include from the hereof the following; date ## SECTION B. NPG JOURNALS ## Nature Geoscience The electronic versions of (a) the most recent print edition of Nature Geoscience; and (b) all previous editions of Nature Geoscience that were first published within the previous four (4) years, from the later of the Commencement Date or the most recent of any subsequent Renewal Date (both as defined herein) , but in any event all editions first published since the Commencement Date, in case as available for access that the Licensor makes available to the Licensee. print each ## Nature Protocols The electronic version of all Nature Protocols material first published within the previous four (4 years, from the later of the Commencement Date or the most recent of any subsequent Renewal Date (both as defined herein) , but in any event all material first published since the Commencement Date, in case as available for access on the Internet at the URL http:llwww natureprotocols com together with any additional material that the Licensor makes available to the Licensee. each ## Nature Clinical Practice Cardiovascular Medicine The electronic versions of (a) the most recent print edition of Nature Clinical Practice Cardiovascular Medicine; and (b) all previous print editions of Nature Clinical Practice Cardiovascular Medicine that most recent of any subsequent Renewal Date (both as defined herein), but in any event all editions first published since the Commencement Date, in each case as available for access on the Internet at the URL htup:/wwwnature comncpcardio together with any additional material that the Licensor makes available to the Licensee ## Nature Clinical Practice Rheumatology The electronic versions of (a) the most recent edition of Nature Clinical Practice Rheumatology; and (b) all previous print editions of Nature Clinical Practice Rheumatology that were first published within the previous four (4) years, from the later of the Commencement Date or the most recent of any subsequent Renewal Date (both as defined herein) , but in any event all editions first published since the Commencement Date, in each case as available for access on the Internet at the URL hup:/www nature conncprheum together with any additional material that the Licensor makes available to the Licensee print Gw ## Lab Animal The electronic versions of (a) the most recent editions of Lab Animal that were first published within the previous four (4) years, from the later of the Commencement Date or the most recent of any subsequent Renewal Date (both as defined herein), but in any event all editions first published since the Commencement Date; in each case as available for access on makes available to the Licensee. ## SECTION C. THIRD-PARTY JOURNALS ## The ISME Journal The electronic versions of (a) the most recent edition of The ISME Journal; and (b) all previous print editions of The ISME Journal that were first published within the previous four (4) years, from the later of the Commencement Date or the most recent of any subsequent Renewal Date (both as defined herein) , but in any event all editions first published since the Commencement Date, in case as available for access on the Internet Licensor makes available to the Licensee print each ## [Text deleted] ## Commencement Date: 1 January 2008 Supply Period: 12 months from the Commencement Date or as otherwise extended in accordance with clause 4.1 of the License Agreement\_ For the avoidance of doubt, the Post Supply License shall not include access to any Licensed Material published prior to the Supply Period to which access may have been granted during the Supply Period. - 2. Save as set out herein the License Agreement shall remain in full force and effect and the terms of the License Agreement shall apply to the Licensed Material set out herein as if it were included in the License Agreement from the date hereof. [Text deleted] [Text deleted] igned by: Jr and on behan icensee Divechov [Text deleted] 08 Signe igned by: For a1 Jr and on behan Natu icensee

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STGale_amdt_to_license_agrmt_Burney_Colln_2009_UCD_Redacted

## AMENDMENT TO LICENSE AGREEMENT This Amendment ("Amendment") to the License Agreement dated August 2005 ("Agreement") is by and between The Gale Group, a Delaware Corporation ("Gale" ) and The Regents of the University of California( "Customer") WHEREAS, the parties hereto previously entered into that certain Agreement, dated as of August 2005 (the "Agreement"); and WHEREAS, the parties hereto desire to amend certain terms of the Agreement; NOW, THEREFORE, in consideration of the agreements and obligations set forth in the Agreement and this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: - 1. Elements of the Agreement. The Agreement, as amended hereby, shall consist of the following: - a. The Agreement originally memorialized in August 2005 Eighteenth Century Collections Online, Modules 1-7 (the "original Agreement"); - b. Amendment 1executed March 2007 -Times Digital Archive; - c. Amendment 2 executed May 2007 The Making of the Modern World; - d. This Amendment; and - e. Addendum A as appended to this Amendment - 2. Modifications to the Agreement. This Agreement is hereby modified per the attached schedule to add access and hosting services for 1 ih and 18 h 1 Century Burney Collection Newspapers on behalf of the University of California, Davis. - 3. Effective Date. The modifications set forth in Section 2 shall be effective on the date of signature by the Customer on this Amendment. - 4. Legal Effect. Except as set for the herein, all of the terms and conditions of the Agreement shall remain in full force and effect. In the event of conflicting or additive terms between the terms of the Agreement and this Amendment, the terms of this Amendment shall apply in lieu of those in the Agreement. Any capitalized term used in this Amendment shall have the meaning given thereto in the Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the date above written. Amendment to License Agreement dated August 2005 By and between The Gale Group and The Regents of the University of California ## ADDENDUM A LICENSED CONTENT, ACCESS PERIOD, ACCESS METHOD, HOSTING FEES Annual hosting fee for the following Licensed Content for the hosting period noted below: Licensed Content: Access Period: Format: Access: Access Method: Hosting Fees: *17th and 18th Century Burney Collection Newspapers See below Online Info Trac Web GaleNet Z39.SO User ID/Password HTIP refer Domain name/IP address Hosting fees shall be invoiced and payable per the schedule below. | Payment Plan | Subscription Period | Hosting Fees | |----------------|-------------------------|----------------| | Year 1 | 06/30/2009 - 06/29/2010 | | | | 06/30/2010 - 06/29/2011 | | | Year3 | 06/30/2011 - 06/29/2012 | | | Year 4 | 06/30/2012 - 06/29/2013 | | - *Access to licensed content for the University of California Davis campus only. Cu

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ST_Tier2_ASCE_license_2015_Redacted

ASCE Version date: 11/13/2015 ## AMERICAN SOCIETY OF CIVIL ENGINEERS CONSORTIUM LICENSE AGREEMENT This Agreement is entered into as of the ~Oday of tJolJtl'I. \,v 2015 , by and between: The American Society of Civil Engineers ("ASCE"), with offices at 180 I Alexander Bell Drive, Reston, Virginia 20191 USA, acting on its own behalf as publishers of the ASCE Online Journals listed below; And Subscribing Institution ("the Subscriber") California Digital Library -----------~-------------- Name of Consortium California Digital Library Address California Digital Library Geisel Library 9500 Gilman Drive 0175K La Jolla, CA 92093-0175 Subscriber Account no. (if known) - - - - - - - --------------------- If subscribing through an agency, please give name of agency - - - - - - - - - - - - -------- Contact person responsible for administration of online journals: Name 111111111111111 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_ Address Telepho~ Fax E-mail (858) 534-1256 otification that your online access is active will be sent by e-mail to this address. Send notice of any changes to this e-mail address to [email protected].) WHEREAS, ASCE and the Subscriber agrees that it is desirable to allow Authorized Users, as defined below, at the Subscriber's institution to have access to the online versions of the Publishers' titles, THEREFORE, the parties agree as follows: ## 1. SCOPE AND COVERAGE "Licensed Material(s)" refers to electronic versions of those listed journals and other content packages to which the Subscriber maintains a valid online Subscription and which are available through the ASCE Library. 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For an organization with locations in more than one city, each city is considered to be a different site. "Authorized Users" means only the employees, faculty, staff, and students officially affiliated with the Subscriber at the Authorized Site, and persons with legal access to the library's collections and facilities at the Authorized Site, using an IP address within the range identified in Appendix B. Authorized Users may be persons remote from the Subscriber's physical location whose access is administered from the Authorized Site, but not persons at remote sites or campuses with separate administrations. For example, an employee of the Subscriber may be considered to be an Authorized User when accessing the Subscriber's network from home or while traveling to another city; however, employees of a branch campus or facility in another city are not considered to be Authorized Users. 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The Subscriber may supply a copy of an article, paper, or book chapter (i.e. Interlibrary Loan) to a non› subscriber or non-subscribing institution only under the following conditions: ASCE-prepared electronic files may not be transmitted in their original digital form to any other institution or to a non-Authorized user. A hard copy printed from the electronic files of the Licensed Materials may be supplied to another institution by mail or fax or secure transmission using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing, provided the institution is not-for-profit and within the same country as the Subscriber. The supply of such copies must conform to CONTD guidelines or similar restrictions to 'fair use' provisions under copyright law. Faculty at the Subscriber's institution may include articles, papers, and/or book chapters, but not entire full› length journals, books, or standards, from the Licensed Materials in anthologies (coursepacks) in print or digital form for distribution to Authorized Users for their use in connections with classroom instruction or in reserves (print or digital) set up by the Subscribing Institution for access by Authorized Users in connection with specific courses. Copies of items in digital form which are included in online coursepacks or reserves will be deleted by the Subscriber after the end of the semester in which the related course concludes. ## Amount of Authorized Use. Unlimited Access. Subject to the terms of this Agreement, Licensee and its Authorized Users shall have unlimited access to the Licensed Materials. ## 5. Prohibitions on Certain Uses The Subscriber shall not knowingly permit anyone other than Authorized Users to use the Licensed Materials. 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Other such systematic or programmatic use of the Licensed Material that interferes with the access of Authorized Users or that may affect the performance of the ASCE Online Journals system, for example, the use of "robots" to index content, or downloading or attempting to download large amounts of material in a short period of time, is prohibited. Redistribution of the Licensed Material, except as permitted in Section 4, without permission by ASCE and/or payment of royalty to ASCE or to the appropriate Reproduction Rights Organization, is prohibited. All rights not expressly granted herein are reserved to ASCE. The Subscriber and Authorized Users may not circumvent ASCE's access control systems or use ASCE's systems or services to make any attempt to gain unauthorized access to any other system or network. ASCE shall not be required to distribute, and Subscriber shall not redistribute any Online Journal included therein to a country where the export thereof is prohibited by U.S. law or regulation. ## 6. Duration of License This Agreement is for the period of January 1, 2016, to December 31, 2016, and extends for 3 years, and becomes effective on receipt by ASCE of the Agreement signed by an authorized agent of the Subscriber and on receipt of payment of the Consortium Access Fee as defined in Section 7. This agreement shall be renewable at the end of the current term for a successive length of time term unless either party gives written notice of its intention not to renew thirty (30) days before expiration of the current term. In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Licensor believes that Licensee has exceeded the scope of the License, such party shall so notify the breaching party in writing. The breaching party shall have sixty (60) days from the receipt ofnotice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the sixty (60) day period, the non-breaching party shall have the right to terminate the Agreement without further notice. Upon Tennination of this Agreement for cause online access to the Licensed Materials by Licensee and Authorized Users shall be terminated. Authorized copies of Licensed Materials may be retained by Licensee or Authorized Users and used subject to the terms of this Agreement. ## 7. Fees and Payment; Price CAP The Subscriber agrees to pay a Consortium Online Access Fee. The fee is payable upon receipt of an invoice from ASCE. The Consortium Access Fee and the journal print subscription payments (if applicable) are subject to ASCE's annual average price increase for the journals listed in Appendix A. 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All adjustments to the list of Members or IP addresses and to the Consortium Online Access Fee are to be mutually agreed by ASCE and the Consortium. - 4. A new title, not initially included in the Licensed Material listed in Appendix A, may be added to this Agreement at any time, at a price to be agreed upon by ASCE and the Consortium - 5. If any journal in Appendix A ceases publication or if ASCE is otherwise unable to provide continued access to any title during the term of this Agreement, the Institution's annual subscription payments and/or Consortium Online Access Fee may be adjusted by agreement between ASCE and the Consortium. The Subscriber agrees that, with the exceptions listed above, there will be not other reductions or adjustments in the Consortium Online Access Fee for the duration of the Agreement. ## 8. Copyright The Online Journals and their content, including abstracts, are copyrighted by ASCE. The Online Journals are subject to all applicable copyright, database protection and other rights of ASCE under the laws of the United States and other countries. Copyright notices in the Online Journals may not be removed, obscured, or modified in any way. Unauthorized copying or redistribution ofany ASCE Journal content is a violation of copyright laws. ## 9. Failure of Performance ASCE endeavors to provide online service 24 hours a day, 365 days a year. ASCE will announce to subscribers any planned downtime necessary for service upgrades, and will always seek to minimize the length and effect of such downtime. Following online access approval, the Subscriber and Authorized Users will be permitted to attempt online access to the Online Journals at any time. ASCE, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. ASCE will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such corrections. ## 10. Official Version of Record ASCE will use commercially reasonable efforts to ensure that the online versions of the journals correspond in content with the print versions, but ASCE does not guarantee that they do. In the event of any discrepancy between the print and online versions, the print version will be the official version of record. ## 11. Usage Rights of Lapsed Subscribers Notwithstanding anything else in this Agreement, Licensor hereby grants to Licensee to use any Licensed Materials that were accessible during the term of this Agreement to the specific years that Licensor subscribed. ## 12. Disclaimer of Warranties; Limitation of Liability; Indemnification ASCE warrants that it is entitled to grant the licenses granted in this License. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE JOURNALS, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ASCE ONLINE JOURNAL, ASCE'S PERFORMANCE UNDER THIS LICENSE, TERMINATION OF THIS LICENSE BY ASCE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASCE IS ADVISED OR AW ARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ASCE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS LICENSE EXCEED THE TOTAL AMOUNT PAID BY THE SUBSCRIBER TO ASCE FOR THE ONLINE JOURNAL SUBSCRIPTION, BUT NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness ofother remedies. No claim may be made against ASCE unless suit is filed thereon within one(!) year after the event giving rise to the claim. The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. Each party shall indcnu1ify and hold the other hannlcss for any losses, cJC1i1ns, datnages, a\vards, penalties. or injuries incun·cd, including reasonable atto111ey's tees, \Vhich arise fro1n any alleged breach of such inden1nit)iing party's representations and \Varrantics nlade under this Agreen1ent, provided that the inde11111ifying party is pro1nptly notified of any such clnin1s. ## 13. General This License constitutes the entire agreenu:nt bet\veen lhe parties and supersedes any prior con1n1unication bet\vecn lhe parties \Vith n.~spect to the subjec-t 1natter hereof: The headings used in this License are for convenience only and arc nol to be considered in construh1g the tern1s of this License. Subject 10 tcnni11ation under Sec1ion 6. this License may be amended only by consent (via mail, email, or tax) of both parties. If ASCE sends notice to the Subscriber or changes in the terms of this License, lack of response by the Subscriber within a thirty (30) day period will be taken as acceptance of the nc\\' tcrn1s. Subscriber 1nay not n1ake any changes to this License without written consent by ASCE. The St11'scribcr 11u1i.:;1 pay any taxes (including bul not li111i1ed to any applicable Valut· 1\ddc<l Taxes. Sales Taxes, and lmpo1i Ta'\es) other thnn taxes on /\SC E's net incon1e, arising out oftl1c Subs1..·ribcr's use oftht: Online Joutnals and/or the rights granted under this License. The Subscriber rnay not assign or transfer its rights under this License. The. provisions of Sections 2. 4. 5. 7, 9, 10, 11, and 12 ht!-reofshall survive any expiration or te1·1nination of this License. This Agreen1ent shall be hllerpreted and construed according to, and governed by, rhe h.1\vs ofCalilOrnia. excluding any such la\\IS that n1ight direct the application of the laws of another jurisdiction. The tCderal or state courts located in C.~alifornia shall have jurisdiction to hear any dispute under this Agrce1nent. I have read and agree to adhere to and abide by all the terms and conditions stated abow, and I certify that I anl authorized to sign this License on behalf of the Subscribing Institution identified in Section l above, Nan1c: Title: AuL-~e.surclt ~ool)rccS Signature: Date: \_l\_IJ..C{l-'-71-=/:z.=..t>\_lc\_:S-,,\_\_ \_ \_ \_ \_ ## Eoxthe Puhlisher: Nume Fa1• 1he ('011surliu111 ti/'applicab/1!): Name: Signature: Signature:--------------- Date: Title: \_D\_I r\_t-'-ih>. r 1 \_~':'\_l.\_h":"::t.!'."..~J \_\_ M\_,\_,.,.lc.;F.11} Date: \_ \_\_,l"-1-1-/\_,.3c=-o 1 /\_z.o \_\_ \_\_\_\_ \_ 1 S ## Please mail the completed and signed License to: American Society of Civil Engineers -Marketing Director Tsli'i"'Arexander Bell Drive Reston, VA 20191 U.S.A. ## Technical Support: E-mail: [email protected] Telephone(U.S. and Canada):l-800-874-6383 Telephone (all other locations):l-516-576-2664 Office hours are from 07:30 to 23:00 EST (12:30 to 04:00 GMT) For ASCE use only: License no.------- Customer l.D. no. \_\_\_\_\_\_\_\_\_\_\_ Date: --------- ## APPENDIX A ## AMERICAN SOCIETY OF CIVIL ENGINEERS TITLES Please check the current ASCE Online subscriptions held by your institution. ## I. ASCE ONLINE JOURNALS D Check here if you have an ALL JOURNALS subscription or check your individual Journals: D ASCE-ASME Journal of Risk and Uncertainty in Engineering Systems, Part A: Civil Engineering D International Journal Geomechanics D Journal of Aerospace Engineering D Journal of Architectural Engineering D Journal of Bridge Engineering D Journal of Cold Regions Engineering D Journal of Composites for Construction D Journal of Computing in Civil Engineering D Journal of Construction Engineering and Management D Journal of Energy Engineering D Journal of Engineering Mechanics D Journal of Environmental Engineering D Journal of Geotechnical and Geoenvironmental Engineering D Journal of Hydraulic Engineering D Journal ofHydrologic Engineering D Journal oflnfrastructure Systems D Journal of Irrigation and Drainage Engineering D Journal of Legal Affuirs and Dispute Resolution in Engineering and Construction D Journal of Management in Engineering D Journal of Materials in Civil Engineering D Journal ofNanomechanics and Micromechanics D Journal of Performance of Constructed Facilities D Journal of Pipelines Systems Engineering and Practice D Journal of Professional Issues in Engineering Education and Practice D Journal of Structural Engineering D Journal of Surveying Engineering D Journal of Sustainable Water in the Built Environment D Journal of Transportation Engineering D Journal of Urban Planning and Development D Journal of Water Resources Planning and Management D Journal of Waterway, Port, Coastal, and Ocean Engineering D Leadership and Management in Engineering D Natural Hazards Review D Practice Periodical of Hazardous, Toxic, and Radioactive Waste Management D Practice Periodical on Structural Design and Construction ## II. ASCE ONLINE PROCEEDINGS - D Online Proceedings ## III. CIVIL ENGINEERING: DIGITAL COLLECTION D Civil Engineering: Digital Collection ## APPENDIXB ## INSTITUTIONAL IP ADDRESSES/RANGES ASCE has enabled IP-address-based access control for institutional subscribers. Each computer that accesses the Internet is assigned an IP address, commonly represented as four number groups separated by dots (e.g., 192.58.150.10). All computers on a local area network, or subnet, may have the first two or three number groups in common. Access to ASCE joumal(s) from your institution's Authorized Site will be provided based on the IP addresses and/or ranges you provide. (It is recommended that you consult with your network administrator to determine your IP addresses, subnets, and other critical information about your institution's network configuration.) IP addresses for locations other than the Authorized Site will not be accepted under this License. ASCE will accept up to ten IP addresses and/or ranges (Class B, Class C, and single station) via this form (attach additional sheets as necessary). Note that Class B requests will be subject to additional review by ASCE Technical Staff. Please contact the Scitation Help Desk ([email protected]) if you need to register a proxy or caching server, or if you have any additional questions. All information provided regarding your IP addresses will be verified by ASCE, and your network contact (which must be provided below) will be contacted if additional clarification is necessary. Please type your IP addresses/ranges in the following formats [please contact the Scitation Help Desk (see above) if you require assistance]: Class B Network: Enter the first two (network) numbers and use asterisks for the host addresses, i.e., 128.58. *. * Class C Network: Type the first three (network) numbers and an asterisk for the host addresses, i.e., 192.58.150.* (ranges are acceptable; type 192.58.150. * - 192.58.152. *to indicate Class C ranges) Single Station(s): Type all four numbers, i.e., 192.40.158.10 (ranges are acceptable; type 192.58.150.10 - 192.58.150.30 to indicate ranges of single stations) ## IP Addresses and/or Ranges: See All IP List (attached after license) Please enter your fully qualified domain name [the one registered with the Internet Corporation for Assigned Names and Numbers (!CANN)]: Please provide the following required network contact information: Telephone: \_\_\_\_\_\_ FAX: \_\_\_\_\_\_\_\_\_\_\_ E-mail Address: \_\_\_\_\_\_\_\_ \_ Name: Please check here if additional IP addresses are listed on attached sheet(s). PLEASE PRINT CLEARLY ALL IP List Last IP Update: 10/15/15 01:58PM Berkeley (UCB) Range Start Range End Formerly Lawrence Berkeley National Laboratory (LBL) Range Start Range End Type Type Davis (UCO) [minus ASCE E-books & Standards] Range Start Range End Type Irvine (UCI) [minus ASCE E-books & Standards] Range Start Range End Type Los Angeles (UCLA) [minus ASCE E-books & Standards] Range Start Range End Type Merced (UCM) [minus ASCE E-books & Standards] Range Start Range End Type Office of the President (UCOP) [minus ASCE E-books & Standards] Range Start Range End Type Riverside (UCR) [minus ASCE E-books & Standards] Range Start Range End Type San Diego (UCSD) [minus ASCE E-books & Standards] Range Start Range End Type Santa Barbara (UCSB) [minus ASCE E-books & Standards] Range Start Range End Type Santa Cruz (UCSC) [minus ASCE E-books & Standards] Range Start Range End

5a076ae6-4311-41f4-b517-75b92ec1f56f

ElsevierSD2009_amdt62_UCSD_Redacted

## SIXTY-SECOND AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the "Agreement") as last amended on 11 July 2012 and wish to amend the Agreement as set forth in this NOW, THEREFORE; in consideration of the mutual promises and covenants set forth below, and for other and valuable consideration; the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1. such good If the Subscriber exercises its option under the Agreement to purchase system-wide perpetual access rights to any Elsevier book products; Elsevier will refund to the University of Califomnia; San ("UCSD") the amount that UCSD previously for such products, provided that the Subscriber's purchase occurs within the same calendar year of the UCSD purchase. If the Subscriber's purchase occurs after the calendar year of the UCSD purchase; then Elsevier will deduct the amount that UCSD previously for such products from the Fees due for the Subscriber's purchase. paid Diego paid Except as specifically amended hereby; all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective; duly authorized representatives as of 8 August 2012. THE REGENTS OF THE UNIVERSITY OF CALFFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) [Text deleted] [Text deleted] ELSEVIER B.V. Title: Managing Director, Global Sales & Customer Marketing; Science & Technology Amendment No : 1-3211475137 ## SLXTY-SECOND AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA SAN DIEGO / LA JOLLA No. 1-3211475137 | Subscribed Products ~ publisher | 2012 | |-----------------------------------------------------------------------------|--------| | Elsevier Reference Works (perpetual access) | | | ~Comprehensive Renewable Energy ~Polymer Science: A Comprehensive Reference | | | TOTAL FEES | |

5dce8afa-11f3-4644-be6b-c4564ab38b05

Elsevier_SD_amdt_25_Treatise_on_Geophysics_UCB_REDACTED

## TWENTY-FIFTH AMENDMENT TO ELSEVIER LICENSE AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 30 December 2003, as last amended 2 October 2007 (the "Prior Agreement') and wish to amend the Prior Agreement as set forth in this amendment ( Amendment"') NOW, THEREFORE; in consideration of the mutual promises and covenants set forth below; and for such other good and valuable consideration; the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Prior Agreement as of the execution date below as set forth below and on Schedule 1 \_ Except as specifically amended hereby, all of the existing terms and conditions of the Prior Agreement are hereby ratified Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Prior Agreement. To the extent any terms or conditions of the Prior Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail, WITNESS WHEREOF, the parties have executed this Amendment by their respective, duly authorized representatives as of 29 November 2007. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Namc. Title: ELSEVIER B.V. (Licensor) Name: Title; ector, Sales Contract Number: 1-8ASMA3 ~gin Version: 2005 Aug ## TWENTY-FIFTH AMENDMENT TO ELSEVIER LICENSE AGREEMENT Schedule 1 The Licensed Products and Fees identified below are in addition to those identified in the Prior Agreement. ## UNIVERSITY OF CALIFORNIA, BERKELEY Contract No. 1-8ASMA3 | Licensed Products publisher | Access | 2007 | |-----------------------------------------|-------------------|--------| | ScienceDirect@ online Elsevier B.V. | sciencedirect.com | | | Elsevier Reference Works | | | | Treatise on Geophysics Perpetual_Access | | | | IOTAL FEES | | |

cf066446-9778-4f7b-964c-e766d13b351e

JSTOR_19thc_Pamphlets_UCB_UCI_REDACTED

## COLLECTIONS RIDER TO THE JSTOR ARCHIVE LICENSE AGREEMENT This Rider is an addendum and incorporates by reference all of the terms of, and any amendments or Riders to, the agreement entitled the JSTOR ARCHIVE LICENSE AGREEMENT (the Agreement entered into by and between JSTOR and The Regents of the University of California ("Licensee") In accordance with the terms of the Agreement and in addition to the Collection(s) selected therein; Licensee shall hereby participae in the Collection(s) selected below Information concerningthe contents ofthe Collections in the JSTOR Archive and fees is available or upon request to JSTOR. to, In connection with the foregoing the parties hereby agree as follows: ## JS TOR Classi fication: University of California, Irvine: Higher Education Large University of California, Berkeley : Higher Education Large (Charter) Very Very [Text deleted] [Text deleted] U.S [Text deleted] [Text deleted] Check to Select Archive Capital Fee Annual Access Fee Additional JSTOR Collections Century Brit ish Pamphlets TOTAL: Licensee sales tax exemption number (please provide tax exempt authorization document), if 'applicable: ## Payment Terms The total Archive Capital Fee and Network Participation Fee indicated above shall be due and payable (30) days after the date of invoice. Licensee shall be invoiced for the total Annual Fee indicated above on or about the beginning of calendar year the initial and renewal terms of this Agreement. These fees are in addition to any Archive Capital Fee(s) Network Participation Fee (s) or Annual Access Fce(s) payable under the Agreement or any amendments or Riders thereto: The above tatal Annual Access Fee for the first year shall be prorated to reflect the number of months rema in the calendar year followingthe date access to the JSTOR Archive is established and shall be due and payable thirty (30) alter the date of invoice The Annual Access Fees are subject to reasonable annual increascs . thirty Access during cvery ining days All other terms and conditions of the Agreement shall remain in full force and effect . IN WITNESS WHEREOF. the parties have executed this Rider by their duly authorized representa ives as of the date indicated below . [Text deleted] [Text deleted] LICENSEE JSTOR a part of Ithaka Address: New Yo BY: BY: NAME: NAME: TITLE: Execuhix Dinethy TITLELXssociateDirecto] Outreach & Participation Services DATE: L DATE:

The total Archive Capital Fee and Network Participation Fee indicated above shall be due and payable (30) days after the date of invoice. Licensee shall be invoiced for the total Annual Fee indicated above on or about the beginning of calendar year the initial and renewal terms of this Agreement. These fees are in addition to any Archive Capital Fee(s) Network Participation Fee (s) or Annual Access Fce(s) payable under the Agreement or any amendments or Riders thereto: The above tatal Annual Access Fee for the first year shall be prorated to reflect the number of months rema in the calendar year followingthe date access to the JSTOR Archive is established and shall be due and payable thirty (30) alter the date of invoice The Annual Access Fees are subject to reasonable annual increascs . thirty Access during cvery ining days All other terms and conditions of the Agreement shall remain in full force and effect . IN WITNESS WHEREOF. the parties have executed this Rider by their duly authorized representa ives as of the date indicated below . [Text deleted] [Text deleted] LICENSEE JSTOR a part of Ithaka Address: New Yo BY: BY: NAME: NAME: TITLE: Execuhix Dinethy TITLELXssociateDirecto] Outreach & Participation Services DATE: L DATE:

0bcc55cc-128d-4306-99bb-8b54a86b97b8

ElsevierSD2009_amdt48_UCB_Redacted

## FORTY-EIGTH AMENDMENT TO ## ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto previously entered into an agreement dated 5 February 2009 (the ~Agreement" ) as last amended on 14 March 20/2 and wish to amend the Agreement as set forth in this amendment ( Amendment") have NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, and for such other and acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 good Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective, duly authorized representatives as of 27 March 2012. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY (Subscriber) [Text deleted] [Text deleted] Nan Title: Amendment No. : 1-2980827871 tomer Marketing; Science & Technology ## FORTY-EIGTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule Subscribed Products/ Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA - BERKELEY No. 1-2980827871 | Subscribed Products publisher | Access | 2012 | |----------------------------------------------------------------------------------------------|----------------------------|--------| | SciVerse@ ScienceDirect@ online | sciencedirect sciverse.com | | | Elsevier Reference Works (perpetual access) Comprehensive Nuclear Materials, Five-Volume Set | | | | TOTAL FEES | | |

f2340b26-814e-4fa4-91aa-716a7c473160

STBrill_addendum7_UCB_Redacted

## BRILL Publishers and Regents of the University of California License Agreement ## Addendum Seyen THIS ADDENDUM is made on the 15 day of January 2014. BE1WEEN: Licensor: Brill Publishers, 153 Milk St., 61h Floor, Boston, MA 02109 USA Licensee: Regents of the University of California, with its principal offices at the California Digital Library, University of California, Office of the President, 415 20th Street, 4th Floor, Oakland, CA 94612USA This is an Addendum to the Brill Publishers and The Regents of the University of California License Agreement (the "Agreement") signed by the Licensor September 21, 2006 and made between the Licensor and the Licensee: ## From the Date hereof the License Agreement shall be amended as follows: - 1. The Licensed Materials shall include, effective January 21. 2014, in addition to that specified in the License Agreement, unlimited web-based access for the University of California, Berkeley (including the Lawrence Berkeley Lab) only to the following: ## Supplementum Epigraphicum Graecutn Online (SEG Online) - 2. The Agreement shall remain in full force and effect, and the terms of the Agreement shall apply to the Licensed Materials set out herein as if it were included in the Agreement - 3. Outright Purchase Fee for this resource: - billed 4. Unlimited simultaneous, perpetual access b reoccurring annual maintenance fee o annually thereafter. se Agreement Signed Signed by: ........ Title:.~~ Dat~ .Jjf.?-./t.J. ............... . For and on behalf of Brill Publishers Date: .. ....... .. .... ~ ... !.: '!J . . : . !. 9 ... . ... ... ..... . • Cb~ Title: . . ........ .. ............. .. .... . .. J. . .. ....... .... . For and on behalf of Regents of the University of California

8a6c9bdb-e311-42e1-9c51-d0f53c8f006a

CINAHL_2006_REDACTED

## LICENSE AGREEMENT ## EBSCO INFORMATION SERVICES AND ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA This License Agreement (this Agreement" ) is made effective as of March 1, 2006 (the "Effective Date") between EBSCO Infomation Services; 10 Estes Street, Ipswich, MA 01938 USA ("Licensor") and The Regents of the University of California; a non-profit academic institution; with its principal offices at The Califomia Digital Library, 94612, USA ("Licensee"). In consideration of the mutual promises contained herein and other and valuable consideration; the receipt and sufficiency of which is hereby acknowledged;, the parties agree as follows: good ## LCoNTENT OF LICENSED MATERIALS; GRANI OF LICENSE The materials that are the subject of this Agreement shall consist of EBSCO's CINAHL Plus, or CINAHL Plus with Full Text (hereinafter referred to as the "Licensed Materials") . Licensee and its Authorized Users acknowledge that the copynight and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement: Licensor hereby grants to Licensee non-exclusive; worldwide; non-transferable right to use the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement. ## IL DELIVERYIACCESS OF LICENSED MATERIALS TO LICENSEE Licensor will provide the Licensed Materials to the Licensee in the following manner: Network\_Access: The Licensed Materials will be stored at one or more Licensor locations in digital form accessible by telecommunications links between such locations and authorized locations of Licensee. ## IIL FEES Licensee shall make payment to Licensor for use of the Licensed Materials as follows: (See Appendix A) All mutually agreed upon fees are due and payable by Licensee within sixty (60) after the date of invoice from Licensor; but no more than sixty (60) in advance of subscription or renewal days days period. ## IV AUTHORIZED USE OF LICENSED MATERIALS Authorized Users: Authorized Users' are: Persons Affiliated with the University of Califomnia Full and part time employees (including faculty, staff; and independent contractors) and students of Licensec and the institution of which it is a part; regardless of the physical location of such persons. 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Licensee and Authorized Users shall be permitted to extract use information contained in the Licensed Materials for educational, scientific, or research purposes, including extraction and manipulation of information for the analysis\_ Course\_Packs: Licensee and Authorized Users may use a reasonable portion of the Licensed Materials in the preparation of Course Packs or other educational materials. Course\_Reserves (Print\_and\_Electronic) Licensee and Authorized Users may use teasonable portion of the Licenscd Matcrials for use in conncction with specific courses of instruction offered by the Cniversity of California Electronic Links. The University of California is committed to the use of the emerging OpenURL standard to allow linking to related materials in other locations. If Licensor does not use the OpenURL standard, Licensor staff will provide information to Licensee upon request to assist the Licensee in creating links directly from UC's library catalogs and licensed resources to the content at the journal, issue and article levels. Scholarly Sharing Authorized Users may transmit to a third party in hard copy or electronically, minimnal insubstantial amounts of the Licensed Materials for personal use or scholarly, educational or scientific research professional use but in no case for resale or commnercial purposes. Interlibrary Loan Licensee may fulfill occasional requests from other institutions; a practice commonly called Interlibrary Loan: Licensee agrees to fulfill such requests in compliance with Section 108 ofthe United States Copyright Law (17 USC $108, "Limitations on exclusive rights: Reproduction by libraries and archives") and the Guidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works. ## Amount of Authorized Use: User Access: Subject to the terms of this Agreement; Licensee and its Authorized Users shall have access to the Licensed Materials as detailed in Appendix B. Unauthorized Use: Licensee shall not knowingly perit anyone other than Authorized Users to use the Licensed Materials . Modification %f Licensed Materials Licensee shall not modify, manipulate; or create a derivative work of the Licensed Materials without the prior written permission of Licensor . Removal of Copyright Notice Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials. Commercial Purposes Licensee may not use the Licensed Materials for commercial purposes; including but not limited to the sale of the Licensed Materials, fee-for-service use of the Licensed Materials, or bulk reproduction or distribution of the Licensed Materials in any form; nor may Licensee impose special charges on Authorized Users for use of the Licensed Materials beyond reasonable printing or administrative costs. ## VLMUTUAL PERFORMANCE OBLIGATIONS user surveys to solicit feedback on the Licensed Materials from Authorized Users . Confidentiality of User Data Licensor and Licensee agree to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee and its Authorized Users. Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate form. Raw usage including but not limited to information relating to the identity of specific users andlor uses, shall not be provided to any third party . data, Implementation of Developing Security Protocols Licensee and Licensor shall cooperate in the implementation of security and control protocols and procedures as they are developed during the term of this Agreement. ## VIL LICENSOR PERFORMANCE OBLIGATIONS Availability of Licensed Materials Upon the Effective Date of this Agreement, Licensor shall make the Licensed Materials available to Licensee and Authorized Users Documentation Licensor will provide and maintain help files and other appropriate user documentation. Iraining and Suppot Licensor will offer installation support; including assisting with the implementation of any Licensor software. Licensor will provide appropriate training to Licensee staff relating to the use of the Licensed Materials and any Licensor software. Licensor will offer reasonable levels of continuing support to assist Licensee and Authorized Users in use of the Licensed Materials. Licensor will make its personnel available by email, phone or fax during regular business hours, Monday through Friday for feedback, problem-solving, or general questions Quality of Service Licensor shall use reasonable efforts to ensure that the Licensor's server Or servers have sufficient capacity and rate of connectivity to provide the Licensee and its Authorized Users with a quality of service comparable to current standards in the on-line information provision industry in the Licensee's locale. Licensor shall use reasonable efforts to provide continuous service seven (7) a with an average of 98% up-time per month. The 2% down-time includes periodic unavailability due to maintenance of the server(s); the installation or testing of software, the loading of additional Licensed Materials as they become available, and downtime related to the failure of equipment or services outside the control of Licensor; including but not limited to public or private telecommunications services or internet nodes or facilities. Scheduled down-time will be performed at a time to minimize inconvenience to Licensee and its Authorized Users . days week If the Licensed Materials fail to operate in conformance with the terms of this Agreement, Licensee shall immediately notify Licensor; and Licensor shall promptly use reasonable efforts to restore access to the Licensed Materials as soon as possible. In the event that Licensor fails to repair the nonconformity in a reasonable time; Licensor shall reimburse Licensee in an amount that the nonconformity is proportional to the total Fees owed by Licensee under this Agreement. Notification of Modifications of Licensed Materials Licensee understands that from time to time the Licensed Materials may be added modified, Or deleted from by Licensor andor that portions of the Licensed Materials may migrate to other formats Licensor shall give a ninety (90) notice of any such changes to Licensee. Failure by Licensor to provide such notice shall be grounds for immediate termination of the Agreement by Licensee. to, day Completeness of Content: Licensor shall use reasonable efforts to ensure that the online content is at least equivalent to versions of the Licensed Materials, represents complete, faithful and timely replications of the versions of such Materials, and will cooperate with Licensee to identify and correct errors or omissions. print print Continued Training Licensor will provide system and project updates to Licensee as they become available. Licensor will provide additional training to Licensee staff made necessary by any updates or modifications to the Licensed Materials or any Licensor software. regular Notice of Terms of Click-Through License Terms: In the event that Licensor requires Authorized Users to agree to terms relating to the use of the Licensed Materials before permitting Authorized Users to access to the Licensed Materials (commonly referred to as "click-through" licenses) Licensor shall provide Licensee with notice of and an opportunity to comment on such terms to their implementation. In no event shall the terms of such 'click-through" licenses materially differ from the provisions of this Agreement. In the event of any conflict between the terms of such 'click-through gain prior licenses and this Agreement; the terms of this Agreement shall prevail. Compliance with Americans with Disabilities Act. Licensor shall make reasonable efforts to comply with the Americans with Disabilities Act (ADA). ## VIIL\_LICENSEE PERFORMANCE QBLIGATIONS Provision of Notice of License Terms to Authorized Users. Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Materials is granted under this Agreement including, in particular; any limitations on access or use of the Licensed Materials as set forth in this Agreemnent. Provision of Notice of Intellectual Property Right to Authorized Users Licensee shall make reasonable efforts to provide Authorized Users with notice of any applicable Intellectual Property or other rights applicable to the Licensed Materials. Licensee shall make reasonable efforts to prevent the infringement of any Intellectual Property or other rights of the Licensor in the Licensed Materials . Licensee shall promptly notify Licensor of any infringement that comes to Licensee's attention; and take appropriate steps to avoid its recurrence. Protection from Unauthorized Use Licensee shall use reasonable efforts to protect the Licensed Materials from any use that is not permitted under this Agreement. In the event of any unauthorized use of the Licensed Materials by an Authorized User, (a) Licensor may terinate the access of the Internet Protocol ("IP") address(es) from which such unauthorized use occurred, andlor (b) Licensee shall terminate such Authorized User's access to the Licensed Materials upon Licensor's request. Licensor shall take none of the steps described in this paragraph without first providing a (30) notice to Licensee and cooperation with the Licensee to avoid recurrence of any unauthorized use\_ Maintaining Confidentiality of Access Passwords . Where access to the Licensed Materials is to be controlled by use of passwords, Licensee shall issue log-on identification numbers and passwords to each Authorized User and use reasonable efforts to ensure that Authorized Users do not their numbers and passwords to any third party thirty day divulge ## IX TERM This Agreement shall continue in effect for one year; commencing on March 1, 2006. ## X RENEWAL This agreement shall be renewable at the end of the current term for a successive year unless either party gives written notice of its intention not to renew thirty (30) before expiration of the current days term ## XL EARLY TERMINAIION In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Licensor believes that Licensee has exceeded the scope of the License; such party shall so notify the breaching party in writing. The breaching party shall have (30) days from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the (30) period, the non-breaching party shall have the right to temminate the Agreement without further notice thirty thirty day Upon Termination of this Agreement for cause online access to the Licensed Materials by Licensec and Authorized Users shall be terminated. Authorized of Licensed Materials may be retained by Licensee or Authorized Users and used subject to the terms of this Agreement. copies In the event of early termination permitted by this Agreement; Licensee shall be entitled to a refund of any fees or pro-rata portion thereof by Licensee for any remaining period of the Agreement from the date of termination. paid Subject to the Limitations set forth elsewhere in this Agreement: Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials; that it has obtained any and all necessary permissions from third parties to license the Licensed Materials; and that use of the Licensed Materials by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party . ## XIII LIMITATIONS ON WARRANTIES Notwithstanding anything else in this Agreement: Neither party shall be liable for any indirect; special, incidental; punitive or consequential damages; including but not limited to loss of data, business interruption; or loss of profits; arising out of the use of or the inability to use the Licensed Materials. Licensor makes no representation or waranty; and expressly disclaims any liability with respect to the content of any Licensed Materials; including but not limited to errors or omissions contained therein; libel, infringement of rights of publicity, privacy, trademark rights; moral rights, or the disclosure of confidential information. Except for the express warranties stated herein; the Licensed Materials are provided on an is" basis, and Licensor disclaims any and all other warranties; conditions; Or representations (express, implied; oral or written), relating to the Licensed Materials or "as any palt thereof, including, without limitation; any and all implied warranties of quality, performance; merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus; worm; time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third ## XIV. INDEMNITIES The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses; claims; damages; awards; penalties; or injuries incurred; including reasonable attorney's fees; which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. Each party shall indemnify and hold the other harmless for any losses, claims, damages; awards, penalties; or injuries incurred, including reasonable attorney's fees; which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement; provided that the indemnifying party is promptly notified of any such claims . The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party reasonably request and have the right to participate in the defense at its own expense. may Neither party may assign; directly or indirectly; all or part of its rights or obligations under this Agreement without the written consent of the other party , which consent shall not be unreasonably withheld or delayed. prior This Agreement shall be interpreted and construed according and governed by, the laws of Califomia excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in California shall have jurisdiction to hear any dispute under this Agreement. to, ## XVII\_DISPUTE RESOLUTION In the event any dispute or controversy arising out of or relating to this Agreement; the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without continue to perform their respective obligations under this Agreement which are not affected by the dispute. delay, Mediation In the event that the parties can not by exercise of their best efforts resolve the dispute; shall submit the dispute to Mediation The parties shall; without delay; continue to perform their respective obligations under this Agreement which are not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do including a description of the issues subject to the dispute and a proposed resolution thereof Designated reprcsentatives of both parties shall attempt to resolve the dispute within five (5) working after such notice. If those designated representatives cannot resolve the dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties; who shall act in faith to resolve the dispute. If the dispute is not resolved within (30) calendar after such meeting; the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement: they SO, days good thirty days Arbitration controversies Or disputes out of relating to this Agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subjecc matter of this Agreement. In the event the parties are unable to agree to such a selection; each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator, the parties; or otherwise mutually agreed upon by the parties. Any arising OI All documents, materials ; and information in the possession of each party that are in way relevant to the claim(s) or dispute(s) shall be made available to the other fony review and copying no later than (60) sixty days The arbitrator(s) shall not have the authority, power, or right to alter; orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties; and judgment may be entered thereon in court jurisdiction. under prevailing arbitration law. the continuance of any arbitration proceeding; the parties shall continue to perform their respective obligations under this Agreement. change, having During Neither party shall be liable in damages or have the right to terinate this any delay or default in performing hereunder if such Agreement for conditions or default is caused by beyond its control including; but not limited t0 Acts of God, Govemment wars, insurrections; strikes or other work stoppages; andor any otheccaese beyond the delay reasonable control of the party whose performance is affected. ## XIX\_ENTIRE AGREEMENI This Agreement constitutes the entire agreement of the parties and supersedes all communications; understandings and agreements relating to the subject matter hereof; whether oral Or written. prior ## XX AMENDMENI No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee. ## XXI\_SEVERABILITY If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction; the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby . Waiver of any provision herein shall not be deemed a waiver of any other provision herein; nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same Or other provisions of this Agreement. ## XXIIL\_NoTICES All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, retum receipt requested. If any notice is sent by facsimile; confirmation copies must be sent by U.S. Mail or hand delivery to the specified address. Either palty may from time to time change its Notice Address by written notice to the other party . ## If to Licensor: EBSCO Information Services 10 Estes Street Ipswich, MA 01938 USA 10 Estes Street Ipswich; MA 01938 USA 2 event of such termination the University of California shall maintain its perpetual right to materials licensed under the subscription periods for which it has fully paid. IN WITNESS WHEREOF, the parties have executed this Agreement by their respective, duly authorized representatives as of the date first above written. ## LICENSOR BY: DATE: Licensor Print Name: Title: Address: Telephone No.: E-mail: ## LICENSEE: BY: DATE: Print Name: Title: Address: Telephone No E-mail: ## If to Licensee; University of California Office of the President Califomia Digital Library 415 Street, Floor Oakland, CA 94612 USA 20t qth In the event that Licensor utilizes any type of digital rights management technology to control the access or the usage of Licensed Product; Licensor agrees to notify Licensee of the name, contact information and any technical specifications for the digital rights management technology utilized, the name; contact information and any technical ifications for the digital rights management technology utilized. ## XXV. If Licensor utilizes any type of digital watermarking technology for any element of the Licensed Product, Licensor agrees that watermarks will not be visible to the human eye and will not degrade image quality. These watermarks shall not contain user-related information such as account number or IP address. If digital watermarking technology is used, Licensor agrees to notify Licensee; in advance; of the name; contact information; and any technical specifications for the technology used. ## XXVI\_FuNDING CoNTINGENCY The University of California reasonably believes that funds can be obtained sufficient to pay all monies due during the term of this Agreement and hereby covenants that it will do all things lawfully within it power to obtain; maintain; and properly request and pursue funds from which payments for this transaction may be made; including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding; using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative review and appeals in the event such portion of the budget is not approved. It is the University of California's intent to make payments for the full term of this transaction. The University of California represents that the use of the materials under this transaction are essential to its proper, efficient and economic operation. In the event no funds or insufficient funds are appropriated and budgeted and are not otherwise legally available by an means whatsoever in any fiscal for payments due under this transaction; the University of California will immediately notify Licensor of such occurrence and this transaction shall terminate on the last of the subscription period for which payment has been made without penalty of expense to the University of California of any kind whatsoever; except as to the portions of payments herein agreed for which funds shall have been appropriated and budgeted or otherwise available. In the period day ## APPENDIX A ## BUSINESS TERMS Licensed Materials; CINAHL Plus, CINAHL Plus with Full Text ## Fees: Annual Subscription Fee: Subscription Period: This is a 12-month subscription; March 1, 2006 through February 2007 28, Annual cost increases for subsequent years will be negotiated between CDL and EBSCO. Renewal Date for Annual Subscription Fees. The first renewal date is March 1,2007 ## Additional terms: Access by the campuses detailed in Appendix B for the specific product and simultaneous user level and UC Office of the President (see Appendix B) . EBSCO shall send the invoice for the above referenced content to: CDL Acquisltions Geisel Library University of Califomnia 9500 Gilman Drive; Dept. 0175A La Jolla; CA 92093-0175 ## APPENDIX B ## CINAHL PLUS WITI FULL TEXI University of California, Davis- CINAHL Plus (4 sim users) University of California; Irvine- CINAHL Plus with Full Text (8 sim users) University of Califomnia; Los Angeles - CINAHL Plus (12 sim users) University of California, San CINAHL Plus with Full Text (8 sim users) Diego - University of California, San Francisco - CINAHL Plus (8 sim users) ## APPENDIX C UNIVERSITY OF CALIFORNIA IP ADDRESSES BY CAMPUS UC Berkeley [Text deleted] UC Davis [Text deleted] UC Irvine [Text deleted] UC Los\_Angeles ## UC Merced [Text deleted] ## UC Riverside [Text deleted] ## UC San Francisco [Text deleted] ## UC Santa Barbara [Text deleted] ## UC Santa\_Cruz [Text deleted] ## UC San\_Diego [Text deleted] [Text deleted] ## California Digital Library ## [Text deleted]

The materials that are the subject of this Agreement shall consist of EBSCO's CINAHL Plus, or CINAHL Plus with Full Text (hereinafter referred to as the "Licensed Materials") . Licensee and its Authorized Users acknowledge that the copynight and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement: Licensor hereby grants to Licensee non-exclusive; worldwide; non-transferable right to use the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement.

This Agreement shall continue in effect for one year; commencing on March 1, 2006.

8bd4a6f4-ba7c-4b54-852f-d355606e7c8e

ElsevierSD2009_amdt69_UCSB_Redacted

## SLXTY-NINTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the Agreement ) as last amended on 3 October 2012 and wish to amend the Agreement as set forth in this amendment ("Amendment') NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, and for such other good and valuable consideration; the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 . Except as specifically amended hereby; all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement . To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment; the terms of this Amendment shall prevail. IN WITNESS WHEREOF the parties have executed this Amendment by their respective, duly authorized representatives as of 8 November 2012. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/b/o THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) [Text deleted] [Text deleted] Na DEC 1 0 2012 Titc. Execu; ve EL: (El: Nar Title: Managing Directbr Global Sales & Customer Marketing; Science & Technology Amendment No : 1-3533178865 ## SLXTY-NINTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/ Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA SANTA BARBARA No. 1-3533178865 | Subscribed Products publisher | Access | 2012 | |--------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------|--------| | SciVerse@ ScienceDirect@ online Elsevier B.V_ | sciencedirect scivers ecom | | | Elsevier Reference Works (perpetual access) ~Comprehensive Renewable Energy ~Comprehensive Chirality ~Polymer Science: A Comprehensive Reference | | | | TOTAL FEES | | |

3fe190de-e85c-4842-be51-d2a95f1dc897

EBSCO_DMP_2018_Redacted

Addendum to The Regents of the University of California, a non-profit academic institution, with its principal offices at The California Digital L b i rary, Uni v e si r ty of California Office of the President ("Licensee"), EBSCO Information Services ("Licensor") License Agreement signed June 2, 2005. The Licensee agrees to license DynaMed Plus from the Licensor. Term: The term of the agreement is from June I, 2018 through May 31, 2020. T hi s will be termed the pilot period. Cost: The cost for this pilot i -. Existing DynaMed an d DynaMed Plus subscriptions at the University of California will be cancelled at the end of the current subscription terms. Licensor shall provide Licensee with renewal quotes no less than si x t y ( 60) days prior to the end of the pilot tenn. Authorized Locations: UC systemwide agreement (all UC campuses including UC Office of the President, all UC health systems, their affiliates, and those to whom UC provides EHR software as a service.) All standard accessing o pt i o n s including IP and remote authentication are included. See l i s in t g of sites below. Authorized Users: UC faculty, students, staff, contractors, and onsite users. All other terms and conditions in the master agreement remain. \. Agreed to: EBSCO Publishing The Regents of the University of California Title: �-<--==- ..... '-- V/> � � """"" G O Date: t7 - rr--1g ----��-��- Title: Associate Executive Director Date: 5/15/201 8 ---- ## Authorized Locations: All UC campuses including UC Office of the President (shown below), all UC health systems, their affiliates. and those to whom UC provides EHR software as a service. University of California, Berkeley (including Lawrence Berkeley Lab) University of California, Davis University of California, Irvine University of California, Los Angeles University of California, Merced University of California, Riverside University of California, San Diego University of California, San Francisco University of California, Santa Barbara University of California. Santa Cruz University of California Office of the President IP Addres8es: Rauge\_Start Range End Lawrence Berkeley National Laboratory (LBNL) Range End Range End Range Start Davis (UCD) Range Start Irvinc (UCI) Range\_Start Range End Los Angeles (UCLA) Range Start Range End Merced (UCM) Range Start Range End Office of the President (UCOP) Range Start Range End Riverside (UCR) Ranue Start Ranve End San (UCSD) Diego Range\_Start Range\_End Santa Barbara (UCSB Range Start Range End Santa Cruz (UCSC) Range Start Range End Technical Contacts at UC Campuses: Note: California Digital Library (COL) does not provide technical support.

114a7ab2-5e62-4432-8661-2c4bad967ee9

ElsevierSD2009_amdt113_UCD_Redacted

## ONE HUNDRED AND THIRTEENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS. the parties hereto have previously entered into an agreement dated 5 February 2009 (the "Agreement" ) as last amended on 30 August 2013 wish to amend the Agreement as set forth in this amendment ("Amendment") NOW, THEREFORE. in consideration of the mutual promises and covenants set forth below. and acknowledged; the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 Except as specifically amended hereby. all of the existing terms and conditions of the Agreement are hereby ratified Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment. the terms of this Amendment shall prevail. IN WITNESS WHEREOF. the parties executed this Amendment by their respective: duly authorized representatives as of 25 September 2013. have ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olblo THE CALIFORNIA DIGITAL LIBRARY [Text deleted] (Subscriber) Nam Title . ELSEVIER B.V. [Text deleted] Managing Director, Global Sales & Customer Marketing; Science & Technology Amendment 1-5248640031 No: OCT 1 82013 ## ONE HUNDRED AND THIRTEENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 ## Subscribed Products/Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORYIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA DAVIS | Subscribed Products publisher | No. 1-5248640031 | |-----------------------------------------------------------------------------------|--------------------| | ScienceDirectR online Elsevier B.V. | sciencedirect.com | | Elsevier eBooks Titles | | | Elsevier Reference Works (perpetual access) ~Comprehensive Inorganic Chemistry II | | | TOTAL FEES | | ## Annex A to Schedule 1 ## UNIVERSITY OF CALIFORNIA, DAVIS | Product | Elsevier eBooks Titles | Final Net Price 2013 | |---------------|-------------------------------------------------------------------------|------------------------| | 9781455746170 | National Kidney Foundation Primer on Kidney_Diseases | | | 9780124017450 | Product Manufacturing and Cost Estimates with CADICAE | | | 9780124045743 | System Parameter Identification | | | 9780884158875 | The Grouting_Handbook: A Step-by-Step Guide to Heavy_Equipment Grouting | |

fbf3693a-4e1a-4933-9e67-70eb72595ae6

ST_Tier2_ChinesePeriodicalFullTextDatabase_Redacted

Agreement No. : \_\_\_ \_ ## Purchase Agreement for Chinese Periodical Full-text Database (1911-1949) - Remote Network Service Party A: Regents of the University of California (represented by University of California, Irvine; see Appendix A for individual campuses) Party B: Shanghai Tuqing Information Co., Ltd. ## Service Mode of Remote Network for Purchase: Party A is entitled to logo on "Chinese Periodical Full-text Database (1911-1949)" website (the use of IP address range stipulated in the agreement), which can provide service for I simultaneous user to be shared between all participating campuses. ## Service Fee Standard: | Product Name | Price | |--------------------------------------------------------------|---------| | Chinese Periodical Full-text Database (1911-1949) 1-9 Series | | | Total Price with Discount | | The following agreement is entered into by both parties upon friendly consultation. Both parties should be bound by the agreed terms and conditions as follows. ## I. Products and Services - I. The product(s) that Party A has decided to purchase from Party B is/are: Chinese Periodical Full-text Database Cl 911-1949) 1-9 Series (I simultaneous user) The following service fee should be paid by Party A: (in capital) Party A should pay• • •aor each additional simultaneous user. ## 2. Terms of Payment Party A can enjoy the Remote Network Service when makes the payment - \_\_\_\_\_ (Date/MonthNear). ## 3. Remote Network Service Start-up Party B should grant Party A the right to online access to - 1) Chinese Periodical Full-text Database ( 1911-1949) 1-8 Series when Party A make the full payment of- - 2) Chinese Periodical Full-text Database (1911-1949) 9th Series: December 2014. Party A is entitled to access the website through effective [p address. Party A should provide the rP address ranges: see Appendix B for complete list of IP ranges, which should be within the scope of the University's lP addresses for use on campus and off campus by Authorized Users. "Authorized Users" are defined below in Section H, Item 2.1. ## 4. Service Period Party A should pay the annual maintenance of~eginning in 2014, Party A should make the payment o~fore \_ \_\_\_\_ (Date/Month) every year. If Party B can not continue providing remote network service or tenninates the agreement due to its own reason, Party B should provide the installation disc of a Closed-end Mirror Site including the contents purchased by Party A for free. Party A has the right to purchase Closed-end Mirror Site Service to be maintained as a backup or archival copy during the tenn of this Agreement, or as required to exercise Party A's rights under section 11.11, of before this Agreement. If Party A purchases the Closed-end Mirror Site Service, Party A should pay- -o Party B according to Service Fee Standard, that is Within the authorized range, Party A is entitled to install the closed-end mirror site of "Chinese Periodical Full-text Database (1911-1949)" on and only on its local area network server. The Closed-end Mirror Site can provide service for I simultaneous user. Party B is obligated for assisting Party A for successful local installation of the mirror site, namely a working mirror site of the database. Party B will take no responsibility if the database cannot be successfully installed caused by the abnormal network, any personnel's problem or software or hardware failure of Party A. ## 5. Suspension of Service and Termination of the Agreement If Party A fails to make the payment on time for purchasing of the database (full or one installment), Party B can extend the right for Party A to use the Remote Network Service for one month since the payment due date. When the delay exceeds one month, Party B has the right to suspend the service or terminate the contract. Party A will not be refunded for what has already been paid if the contract is terminated due to the above- mentioned reason. If Party A fails to make the payment for annual maintenance fee on time after the initial purchase of the database, Party B can extend the right for Party A to use the Remote Network Service for one month since the payment due date. When the delay exceeds one month, Party B has the right to suspend the service indefinitely until the maintenance fee is paid in full. - 6. Party A is entitled to download the User Guide of "Chinese Periodical Full-text Database (1911-1949)" in Chinese from www.cnbksy.com. - 7. Party B should ensure the normal operation of product and regular usage of database. If Party A has any technical problem during using the product, Party B should provide proper after-sales service or technical support. If the Remote Network Service fails to operate properly, Party A shall notify Party B right away. Party B shall promptly use reasonable efforts to restore access to the database as soon as possible. - 8. Party B shall use reasonable efforts to ensure the sufficient capacity of its server of the database, rate of connectivity, and speed of delivery to Party A and Authorized Users with a quality service comparable to current standards in the scholarly information provision industry when the network is in normal condition. ## Il. Protection of Intellectual Property - 1. "Chinese Periodical Full-text Database (1911-1949)" is developed by Party B. The copyright of the database and its search system are owned by Party B. - 2. Party B obtains "Chinese Periodical Full-text Database (1911-1949)" warrants that it has the right to license the rights granted under this Agreement to use Database, and that use of the Database by Authoriz.ed Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party. Party A and Authorized users may make all use the database as is consistent with copyright laws. In addition, the database may be used for purposes of educational, scientific, research or other non-commercial purposes only, but not for commercial use, including the following: Display. Party A and Authorized Users shall have the right to electronically display the Database. Digitally Copy. Party A and Authorized Users may download and digitally copy a reasonable portion of the Database. Print Copy. Party A and Authorized Users may print a reasonable portion of the Database. Recover Copying Costs. Party A may charge a reasonable fee to cover costs of copying or printing portions of Database for Authorized Users. Caching. Party A and Authorized Users may make local digital copies of the Database in order to ensure efficient use by Authorized Users by appropriate browser or other software. The above clause can be applied only for the usages that are permitted by this agreement. Collections of Information. Party A and Authorized Users shall be permitted to extract or use information contained in the Database for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis. Course Packs. Party A and Authorized Users may use a reasonable portion of the Database in the preparation of Course Packs or other educational materials. Course Reserves (Print and Electronic). Party A and Authorized Users may use a reasonable portion of the Database for use in connection with specific courses of instruction offered by the University of California. Electronic Links. The University of California is committed to the use of the emerging OpenURL standard to allow linking to related materials in other locations. If Party B does not use the OpenURL standard, Party B staff will provide a title list with URLs to Party A upon request. Scholarly Sharing. Authorized Users may transmit to a third party in hard copy or electronically, minimal, insubstantial amounts of the Database for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercial purposes. Text Mining. Authorized Users may use the licensed material to perform and engage in text mining /data mining activities for legitimate academic research and other educational purposes. Interlibrary Loan. Using electronic, paper, or intennediated means, Party A at its discretion may fulfill occasional requests from other institutions, a practice commonly called Interlibrary Loan. Party A shall not knowingly permit anyone other than Authorized Users to use the Database.~ and Authorized Users shall not modify, manipulate, or create a derivative work of the Database without the prior written permission of Party B. Party A and Authorized Users may not remove, obscure or modify any copyright or other notices included in the Database. Party A and Authorized Users may not use the Database for commercial purposes, including but not limited to the sale of the Database, fee-for-service use of the Database, or bulk reproduction or distribution of the Database in any form; nor may Party A impose special charges on Authorized Users for use of the Database beyond reasonable printing or administrative costs. - 2.1 Definition of Authorized Users: Authenticated by IP addresses provided by Party A, - "Authorized Users" are confined to: - a. Full and part time students and employees (including faculty, staff, affiliated researchers and independent contractors) of Party A regardless of the physical location of such persons, including on campus or remote sites. - b. Walk-in patrons not otherwise affiliated with Party A but physically present at Party A' s sites. Walk-in patrons are not eligible for remote access to the Proxy Service to the database. - 2.2 Proxy Service: Party A is entitled to provide Proxy Service to its "Authorized Users" . If a proxy server is being allowed by Party B for access, Party A agrees to maintain the security of the access by Authorized Users before allowing use of the proxy to any remote or on-site user. - 3. Party A should respect Party B's intellectual property rights. The network service of Chinese Periodical Full-text Database (1911-194 9) 1-9 Series should be restricted to be used by the Party A and Authorized Users for the purposes described in Section II, [tern 2. In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Party B believes that Party A has exceeded the scope of the License, such party shall so notify the breaching party in writing. The breaching party shall have sixty (60) days from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the sixty (60) day period, the non-breaching party shall have the right to terminate the Agreement without further notice. ------ ----•------- Upon Tennination of this Agreement for cause on line access to the Database by Party A and Authorized Users shall be tenninated. Authorized copies of Database may be retained by Party A or Authorized Users and used subject to the tenns of this Agreement. In the event of early termination caused by Party 8 pennitted by this Agreement, Party A shall be entitled to a Closed-end Mirror Site of the database at no charge. 4. The Party B shall indemnify and hold Party A and Authorized Users hannless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Database by the Party A or any Authorized User. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party may reasonably request and have the right to decide whether to participate in the defense at its own expense or not. ## 5. Notwithstanding anything else in this Agreement: Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Database. Party B makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Database, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated herein, the Database are provided on an "as is" basis, and Party 8 disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Database or any part thereof, including, without limitation, any and all implied warranties of quality, perfonnance, merchantability or fitness for a particular purpose. Party B makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Party B further expressly disclaims any warranty or representation to Authorized Users, or to any third party. ••-•-•••-•• ••-- - - - - - 6. Usage Data and Confidentiality of User Data: Party B agrees to provide both composite use data for the participating campuses and itemized data for each campus upon request. Use data should include number of user sessions (log-ins), number of searches, number of downloaded full-text items, and retrieved word frequency data. Party B shall maintain the confidentiality of any data relating to the usage of individual Authorized Users and shall not provide this data to any third party. - 7. Notice of Terms of "Click-Through" License Terms. In the event that Party B requires Authorized Users to agree to terms relating to the use of the Database before permitting Authorized Users to gain access to the Database (commonly referred to as "click-through" licenses), Party B shall provide Party A with notice of and an opportunity to comment on such terms prior to their implementation. In no event shall the terms of such "click-through" licenses materially differ from the provisions of this Agreement. In the event of any conflict between the terms of such "click-through" licenses and this Agreement, the terms of this Agreement shall prevail. - 8. Provision of Notice of License Terms to Authorized Users. Party A shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Database is granted under this Agreement including, in particular, any limitations on access or use of the Database as set forth in this Agreement. - 9. Provision of Notice of Intellectual Property Right to Authorized Users. Party A shall make reasonable efforts to provide Authorized Users with notice of any applicable Intellectual Property or other rights applicable to the Database. Party A shall make reasonable efforts to prevent the infringement of any Intellectual Property or other rights of the Party B in the Database. Party A shall promptly notify Party B of any infringement that comes to Party A' s attention, and take appropriate steps to avoid its recurrence. 10. Protection from Unauthorized Use. Party A shall use reasonable efforts to protect the Database from any use that is not permitted under this Agreement. In the event of any unauthorized use of the Database by an Authorized User, (a) Party B may terminate such offending Authorized User's access to the Database, (b) Party B may terminate the access of the Internet Protocol ("IP") address( es) from which such unauthorized use occurred, and/or (c) Party A shall terminate such Authorized User's access to the Database upon Party B's request. - 11 . Notwithstanding anything else in this Agreement, and subject to clauses I.4 and 1.5, Party B hereby grants to Party A a nonexclusive, royalty-free, perpetual license (limited to non-commercial academic research and other educational purposes) to use the licensed material of the database purchased by Party A from Party B during the term of this Agreement. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The means by which Party A shall have access to such Database shall be in a manner and fonn substantially equivalent to the means by which access is provided under this Agreement. ## III. Exceptions Clause - I. Some owners of copyright are unable to identify because the article wrote during 1911-1949 was in the remote past. According to the Copyright Law, in the event that the owner(s) of copyright or judicial department or administrative department requires Party B to stop the publication of the related articles in the database, Party B is entitled to renew the database and promises that the total amount of data after modification will not be less than the amount that Party A purchased. This is not deemed as a breach and does not need to be compensated to Party A. Where possible, Party B will inform Party A about any major changes of the contents that have been removed from or added to the database with a minimum of 15 days' notice to Party A. ## IV. Force Majeure Clause - 1. Party B should ensure Party A's normal operation and function of the database which Party A has purchased. If database service is halted because of Force Majeure, the two parties agree to resolve under the terms and conditions set below. - 2. "Force Majeure" should mean any events which are beyond the control of the parties to this contract, and which are unforeseen, unavoidable or insurmountable, and which prevent total or partial performance by either of the parties. The event including but not limited to failure of the internet which is not due to Party A, earthquake, typhoon, flood, fire or other disaster, war, strike, power failure, hacker, the modification of law or regulation or other objective circumstances that are unforeseeable, unavoidable and insurmountable. - 3. In the event that the agreement is unable or unnecessary to perform due to Force Majeure or other unexpected event, both parties should negotiate to solve. The party who suffers from Force Majeure or other unexpected event and fails to perform or delays to perform or terminates to perform the whole or part of the agreement should supply the formal written official document(s) , within 20 days when Force Majeure or other unexpected event occurs, to prove the detail of the event and to describe the reason why the agreement or part of the agreement cannot be executed or needed to be executed later and both parties should negotiate whether to delay perform or terminate the agreement. In case that the agreement is not able to be performed because of Force Majeure, the party who is unable to perform or delay to perform shall be exempted from the liability. ## V. General - 1. Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. - 2. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. - 3. No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee. - 4. If any provision or provisions of this Agreement shall be held through legal means to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. - 5. Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. ## VI. Supplementary Clause - 1. This Agreement is valid if five or more American universities sign the relevant agreement(s) with Party B before June 30, 2013. Party B confirms that a sufficient number of such agreements have already been signed. 2. This agreement is made in 2 copies. Party A holding \_l\_copy and Party B holding ---"--copy. The agreement comes to effect when duly signed. - 3. In case of any controversy or dispute arising from or in relation to this agreement, the Parties shall seek to resolve the matter amicably through discussion and negotiation ## 4. Notices: Party A: University of California Irvine, University of California Los Angeles, University of California Santa Barbara, and University of California San Diego Representative: Address: UCI Libraries PO Box 19557, Irvine CA. USA Zip code: 92623-9557 Bank: Account number: Telephone: Party B: Shanghai Tuqing Information Co., Ltd Representative: Address: 1555 Huaihai Zhonglu, Shanghai, China Zip code :20003 l Bank Information: 022210 Huaihai Zhong Road No.2 Sub-Branch, Shanghai Branch, Industrial and Commercial Bank of China Account number: ••••••••• Telephone: IO ## Appendix A Campuses of the University of California system comprising Party A: University of California Irvine University of California Los Angeles University of California Santa Barbara University of California San Diego ----••. ------- 12 ------- ---•---- Santa Barbara (UCSH) Range Start Range End 14

Party A can enjoy the Remote Network Service when makes the payment - \_\_\_\_\_ (Date/MonthNear).

bebe2aa2-0039-499f-bc34-96c5f75803b5

ProQuest_comprehensive_lic_REDACTED

## LICENSE AGREEMENT ## PROQUEST LLC AND ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA This License Agreement (this "Agreement") is made effective as of March 15, 2011 (the "Effective Date") between ProQuest LLC,789 E. Eisenhower Parkway; Ann Arbor; Michigan 48106-1346, USA ("Licensor") and The Regents of the University of California; a non-profit academic institution; with its principal offices at The California Digital Library, University of California Office of the President, 415 Street, 4th floor; Oakland; CA 94612, USA ("Licensee") In consideration of the mutual promises contained herein and other and valuable consideration; the receipt and sufficiency of which is hereby acknowledged, the agree as follows: good parties ## LCONTENT OF LICENSED MATERIALS; GRANT OF LICENSE The materials that are the subject of this Agreement shall consist of electronic information published by Licensor (hereinafter referred to as the "Licensed Materials") Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor: Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement. ## IL DELIVERY/ACCESS OF LICENSED MATERIALS IO LICENSEE Licensor will provide the Licensed Materials to the Licensee in the following manner: Network\_Access: The Licensed Materials will be stored at one or more Licensor locations in digital form accessible by telecommunications links between such locations and authorized locations of Licensee. ## IIL FEES Licensee shall make payment to Licensor for use of the Licensed Materials as follows: To be negotiated All fees are due and payable by Licensee sixty (60) after the date of invoice from Licensor . days ## IV AUTHORIZED USE OF LICENSED MATERIALS ## Authorized Users: Authorized Users' are: Persons\_Affiliated with\_the\_University of California Full and part time employees (including faculty, staff, and independent contractors) and students of Licensee and the institution of which it is a part, regardless of the physical location of such persons. For campus locations see Appendix B. Walk-ins Patrons not affiliated with Licensee who are physically present at Licensee's site(s) ("walk-ins") be granted access to the Licensed Materials pursuant to the following: IPAddresses: Authorized Users shall be identified and authenticated by the use of Internet Protocol (FIP") addresses provided by Licensee to Licensor; The use of proxy servers is permitted as as any proxy server IP addresses provided limit remote or off-campus access to Authorized Users. long Authorized Uses Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with the Fair Use and Fair Dealing Provisions of the United States and England respectively . In addition; the Licensed Materials may be used by Authorized Users for purposes of research; education or other non-commercial use as follows: Display Licensee and Authorized Users shall have the right to electronically display the Licensed Materials . Digitally Licensee and Authorized Users may download and digitally copy a reasonable portion of the Licensed Materials so long as each work is retrieved directly from the on-line database system in a manner that causes a "hit" to be registered on the on-line system for each and every Or digital copy. AII reproduction and distribution of such printouts; and all downloading and electronic storage of materials retrieved through the Products shall be for your own internal or personal use as allowed under the doctrines of fair use and "fair dealing' Downloading of all or of a Product in a systematic or manner or sO as to create a collection of materials comprising all or a material subset of a Product is strictly prohibited whether such collection is in electronic or form . Copy print regular parts print Print Licensee and Authorized Users may a reasonable portion of the Licensed Materials so as each work is retrieved directly from the on-line database in a manner that causes a "hit" to be registered on the on-line system for each and every or digital copy. All reproduction and distribution of such printouts, and all downloading and electronic storage of materials retrieved through the Products shall be for your own internal or personal use as allowed under the doctrines of -fair and 'fair dealing' Downloading of all or parts of a Product in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of a Product is strictly prohibited whether such collection is in electronic or form. print Copy system long print use" print Recover Copying Costs: Licensee may charge a reasonable fee to cover costs of copying or printing portions of Licensed Materials for Authorized Users. ArchivalBackup For Licensed Materials listed in A Perpetual\_Rights\_Apply Upon request of Licensee; Licensee may receive from Licensor andlor create one (1) copy of the entire set of Licensed Materials to be maintained as a backup or archival copy during the term of this Agreement; or as required to exercise Licensee's rights under section XII, Perpetual License of this Agreement. ppendix Copy Licensor acknowledges that Licensee may engage the services of third-party trusted archives andlor participate in collaborative archiving endeavors to exercise Licensee' s rights under section XII, Perpetual License of this Agreement. Licensee agrees to cooperate with such archiving entities andlor initiatives as reasonably necessary to make the Licensed Materials available for archiving purposes: Licensee may perpetually use the third-party trusted system to access or store the Licensed Materials; so as Licensee's use is otherwise consistent with this Agreement. Licensor further acknowledges and agrees that, in using the third-party archival system; Licensed Materials may be made available to other system participants who indicate a right to those Licensed Materials. long Caching: Licensee and Authorized Users may make local digital copies of the Licensed materials in order to ensure efficient use by Authorized Users by appropriate browser or other software. For the avoidance of doubt; this temporary copy shall be stored in the cache in each instance a user views a document and such caching shall occur each time an end user employs durable links to the Products in a manner consistent with a "hit" is registered on ProQuest's on-line platform for any article accessed. Collections\_of Information Licensee and Authorized Users shall be permitted to extract or use information contained in the Licensed Materials for educational, scientific; Or research purposes; including extraction and manipulation of information for the purpose of illustration; explanation; example, comment; criticism; teaching; research, or analysis. Course\_Packs: Licensee and Authorized Users may use a reasonable portion of the Licensed Materials in the preparation of Course Packs or other educational materials so as such use employs durable links to the Products so that a "hit" is registered on ProQuest' s on-line platform each time an article is accessed. long Course\_Reserves\_(Print\_and Electronic) Licensee and Authorized Users may use a reasonable of the Licensed Materials for use in connection with courses of instruction offered by the University of California as such use employs durable links to the Products so that a vhit' is registered on ProQuests on-line platform each time a student views the work on reserve. specific portion long Electronic\_Links: The University of California is committed to the use of the emerging OpenURL standard to allow linking to related materials in other locations. If Licensor does not use the OpenURL standard; Licensor staff will provide information to Licensee upon request to assist the Licensee in creating links directly from UC's library catalogs and licensed resources to Scholarly\_Sharing Authorized Users may transmit to third party in hard copy electronically, minimal, insubstantial amounts of the Licensed Materials for use Or scholarly, educational, or scientific research professional use but in no case for resale or commercial purposes and provided that in no case any such sharing is done in manner Or personal magnitude as to act as replacement for the recipient's Or recipient institution's subscription to either the Products or the purchase of the underlying Work Interlibrary\_Loan Using electronic; paper, or intermediated means such as Ariel; Licensee may fulfill occasional requests from other institutions; a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC 8108, "Limitations on exclusive rights: Reproduction by libraries and archives' and the Guidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works; provided that you comply with any terms imposed by content providers or licensors: With respect to our ProQuest Dissertations & Theses product and other electronic archives such as Early English Books Online; Interlibrary Loan is restricted to one printed copy of the specifically requested dissertation; book or pamphlet loaned out at any one time. specific special Unlimited Access: Subject to the terms of this Agreement; Licensee and its Authorized Users shall have unlimited access to the Licensed Materials. Notwithstanding the above and in order to protect the Licensed Materials for the research and educational use of Authorized Users; automated searches ProQuest 's systems are not permitted with the exception of nonburdensome federated search services. Data m is prohibited. against ining ## V\_SPECIFIC RESTRICTIONS ON USE OF LICENSED MATERIALS Unauthorized\_Use Licensee shall not knowingly permit anyone other than Authorized Users to use the Licensed Materials. Modification of Licensed Materials: Licensee shall not modify, manipulate; or create a derivative work ofthe Licensed Materials without the written permission of Licensor. prior Removal of Copyright Notice Licensee may not remove; obscure or modify any copyright or other notices included in the Licensed Materials. Commercial Purposes: Licensee may not use the Licensed Materials for commercial purposes; including but not limited to the sale of the Licensed Materials; fee-for-service use of the Licensed Materials; or bulk reproduction or distribution of the Licensed Materials in any form; nor may Licensee impose charges on Authorized Users for use of the Licensed Materials beyond reasonable printing or administrative costs. special Content Provider Supplemental Terms. Individual content licensors occasionally have conditions of use applicable solely to their content : Links to such content-specific conditions are clearly displayed with the associated content and will not materially alter your use of the Licensed Materials. With respect to third-party databases delivered through the Illumina platform; any supplemental terms and conditions are clearly hypertext linked on each search screen. ## VL MUTUAL PERFORMANCE QBLIGAIIONS User\_Surveys Licensee and Licensor shall cooperate on the preparation and provision of user surveys to solicit feedback on the Licensed Materials from Authorized Users. Confidentiality\_of User\_Data: Licensor and Licensee agree to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee and its Authorized Users. Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third in aggregate form. Raw usage data; including but not limited to information relating to the identity of specific users andlor uses; shall not be provided to any third party. parties Implementation of Developing Security Protocols Licensee and Licensor shall cooperate in the implementation of security and control protocols and procedures as are developed during the term of this Agreement. they Availability of Licensed Materials: Upon the Effective Date of this Agreement, Licensor shall make the Licensed Materials available to Licensee and Authorized Users. Documentation Licensor will provide and maintain help files and other appropriate user documentation; Iraining and Support: Licensor will offer installation support; including assisting with the implementation of any Licensor software: Licensor will provide appropriate training to Licensee staff relating to the use of the Licensed Materials and any Licensor sofiware. Licensor will offer reasonable levels of continuing support to assist Licensee and Authorized Users in use of the Licensed Materials. Licensor will make its personnel available by email; phone or fax during business hours; Monday through Friday for feedback, problem-solving, or questions. general regular Quality of Service Licensor shall use reasonable efforts to ensure that the Licensor's server or servers have sufficient capacity and rate of connectivity to provide the Licensee and its Authorized Users with a quality of service comparable to current standards in the on-line information provision industry in the Licensee's locale. Licensor shall use reasonable efforts to provide continuous service seven (7) days a week with an average of 98% per month. The 2% down-time includes periodic unavailability due to maintenance of the server(s) the installation or testing of software; the loading of additional Licensed Materials as they become available; and downtime related to the failure of equipment or services outside the control of Licensor; including but not limited to private telecommunications services or internet nodes or facilities. Scheduled down-time will be performed at a time to minimize inconvenience to Licensee and its Authorized Users . up-time public If the Licensed Materials fail to operate in conformance with the terms of this Agreement, Licensee shall immediately notify Licensor; and Licensor shall promptly use reasonable efforts to restore access to the Licensed Materials as soon as possible. If, however, the Licensed Materials are unavailable due to circumstances within ProQuest 's reasonable control for a of six hours in a 24 hour period not including times scheduled for normal systems maintenance period and upgrades; the subscription terms shall be extended one (24 hours) for each six hours of downtime as described above. day Notification of Modifications of Licensed Materials Licensee understands that from time to time the Licensed Materials may be added modified, or deleted from by Licensor andlor that portions of the Licensed Materials may migrate to other formats. ProQuest will announce substantial changes to the Licensed Materials available on the on-line system on its electronic mailing list service. If such modifications materially alter your use of the Licensed Materials; you may terminate your subscription to the Licensed Materials by written notice to ProQuest. Upon your subscription termination; ProQuest will refund to you a pro-rata portion of the subscription fee you to ProQuest representing the unused portion of your subscription term to, paid Continued Training Licensor will provide and project updates to Licensee as become available. Licensor will provide additional training to Licensee staff made necessary by any updates or modifications to the Licensed Materials or any Licensor software. regular system they Notice of Terms of Supplemental Terms andor Click Through' Terms )): Individual content licensors occasionally have conditions of use applicable solely to their content These Supplemental Terms are incorporated herein by reference and are available within the Products via a link to such content-specific terms andlor may be displayed via online notices following selection of the materials within the Products. In no event shall these Supplemental Terms materially differ from the provisions of this Agreement. Lfsuch\_Supplemental Terms product(s\_ by written notice to\_ProQuest: Usage\_Statistics: Licensor must provide both composite use data for the system-wide CDL and itemized data for individual campuses; on a monthly basis. Use data should be at the level of detail required for objective evaluation of both product performance and satisfaction of user needs; including title-by-title use of journals. Providers should follow the International Coalition Information Resources provide information in compliance with COUNTER or other recognized international standard. Compliance with Americans\_with Disabilities\_Act Licensor shall make reasonable efforts to comply with the Americans with Disabilities Act (ADA). ## VIIL LICENSEE PERFORMANCE QBLIGAIIONS Provision of Notice of License Terms to Authorized Users Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Materials is granted under this Agreement including, in particular, any limitations on access or use of the Licensed Materials as set forth in this Agreement. reasonable efforts to provide Authorized Users with notice of any applicable Intellectual Property or other rights applicable to the Licensed Materials. Licensee shall make reasonable efforts to prevent the infringement of any Intellectual Property or other rights of the Licensor in the Licensed Materials. Licensee shall promptly notify Licensor of any infringement that comes to Licensee's attention, and take appropriate steps to avoid its recurrence. Protection from Unauthorized Use Licensee shall use reasonable efforts to protect the Licensed Materials from any use that is not permitted under this Agreement. In the event of any unauthorized use of the Licensed Materials by an Authorized User, (a) Licensor may terminate such Authorized User's access to the Licensed Materials; (b) Licensor may terminate the access of the Internet Protocol ("IP") address(es) from which such unauthorized use occurred, andlor (c Licensee shall terminate such Authorized User's access to the Licensed Materials upon Licensor's request. Licensor shall take none of the steps described in this paragraph without first providing a sixty (60) day notice to Licensee and cooperation with the Licensee to avoid recurrence of any unauthorized use. Notwithstanding the above; ProQuest may suspend delivery of Licensed Materials to you if it reasonably determines that your failure to comply with the Acceptable Use Provisions may cause irreparable harm to it or its licensors under the specific circumstances. If delivery is suspended, ProQuest will work with you in faith to restore your access as soon as possible. good Maintaining Confidentiality of\_Access\_ Passwords: Where access to the Licensed Materials is to be controlled by use of passwords; Licensee shall issue log-on identification numbers and passwords to each Authorized User and use reasonable efforts to ensure that Authorized Users do not divulge their numbers and passwords to any third party . ## IX TERM This Agreement shall continue in effect for one year commencing on the Effective Date. ## X RENEWAL This agreement shall be renewable at the end of the current term for a successive one year term unless either party gives written notice of its intention not to renew thirty (30) days before expiration of the current term ## XL EARLY TERMINATION In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Licensor believes that Licensee has exceeded the scope of the License; such party shall so notify the breaching party in writing: The breaching party shall have sixty (60) days from the receipt of notice to cure the alleged breach and to notify the nonbreaching party in writing that cure has been effected. Ifthe breach is not cured within the (60) period; the non-breaching party shall have the right to terminate the Agreement without further notice sixty day Termination of this Agreement for cause online access to the Licensed Materials by Licensee and Authorized Users shall be terminated. Except in the case of termination due to Licensee's breach of this Agreement; Authorized copies of Licensed Materials may be retained by Licensee or Authorized Users and used subject to the terms of this Agreement. Upon In the event of termination for cause by Licensee due to Licensor's breach, Licensee shall be entitled to a refund of any fees or pro-rata portion thereof by Licensee for any remaining of the Agreement from the date of termination. paid period ## XIL\_PERPETUAL LICENSE For Licensed Materials listed in Appendix A: L Perpetual Rights\_Apply ONLY: Licensor hereby to Licensee a nonexclusive; royalty-free; perpetual license to use any Licensed Materials listed in Appendix A: L Perpetual\_Rights\_Apply that were accessible during the term of this Agreement. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The means by which Licensee shall have access to such Licensed Materials shall be in a manner and form substantially equivalent to the means by which access is provided under this Agreement. grants ## XIIL WARRANTIES Subject to the Limitations set forth elsewhere in this Agreement: Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials, that it has obtained any and all necessary permissions from third parties to license the Licensed Materials; and that use of the Licensed Materials by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party. Licensor warrants that the physical medium; if any; on which the Licensed Materials is provided to Licensee will be free from defects for a of ninety (90) from delivery . days period ## XIV. LIMITATIONS ON WARRANTIES Notwithstanding anything else in this Agreement: Neither party shall be liable for any indirect; special, incidental, punitive or consequential out of the use of or the inability to use the Licensed Materials. Licensor makes no representation or warranty; and expressly disclaims any liability with respect to the content of any Licensed Materials; including but not limited to errors or omissions contained therein; libel, infringement of rights of publicity, privacy, trademark rights, moral rights; or the disclosure of confidential information. Except for the express warranties stated herein; the Licensed Materials are provided on an "as is" basis; and Licensor disclaims any and all other warranties; conditions; or representations (express; implied; oral or written) , relating to the Licensed Materials or any part thereof, including; without limitation; any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose: Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus; worm; time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or Limitation of Liability WITH THE EXCEPTION OF INTELLECTUAL PROPERTY INDEMNIFICATION HEREIN, THE MAXIMUM LIABILITY OF PROQUEST AND ITS LICENSORS ARISING OUT OF ANY CLAIM RELATED TO THE LICENSED MATERIALS WHETHER IN CONTRACT, TORT OR OTHER WISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY PROQUEST FROM YOU FOR THE LICENSED MATERIALS AT ISSUE UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL PROQUEST OR ITS LICENSORS BE LIABLE TO YOU FOR ANY LOST PROFITS; OR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL; PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE PRODUCTS OR PROQUEST S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. ## XV INDEMNITIES The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses; claims; damages; awards; penalties; or injuries incurred; including reasonable attorney's fees; which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User. Licensor shall not be liable hereunder if (i) any infringement or violation claim is based solely upon the use of the Licensed Materials in combination with programs; equipment or devices not of Licensor' s origin; design or selection; or (ii) any infringement or violation claim arises out of your use of the Licensed Materials in a manner contrary to the rights granted in the Agreement; including use contrary to the Copyright Act of 1976, Title 17 USCor other intellectual property law. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. Each party shall indemnify and hold the other harmless for any losses; claims, damages; awards; penalties; or injuries incurred; including reasonable attorney's fees; which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party may reasonably request and have the right to participate in the defense at its own expense: ## XVL\_ASSIGNMENT AND TRANSFER Neither party may directly or indirectly. all or of its rights or obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld or delayed. part assign, prior ## XVIL GOvERNING LAW This Agreement shall be interpreted and construed according to, and governed by, the laws of California; excluding any such laws that might direct the application of the laws of another jurisdiction: The federal or state courts located in California shall have jurisdiction to hear any dispute under this Agreement. ## XVIIL\_DISPUTE RESOLUTION In the event of any dispute or controversy arising out of or relating to this Agreement; the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without continue to perform their respective obligations under this Agreement which are not affected by the dispute. delay , Mediation In the event that the parties cannot by exercise of their best efforts resolve the dispute; shall submit the dispute to Mediation: The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute: The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution thereof: Designated representatives of both shall attempt to resolve the dispute within five (5) working days after such notice: If those designated representatives cannot resolve the dispute: the shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties; who shall act in faith to resolve the dispute. If the dispute is not resolved within (30) calendar days after such meeting; either party may seek alternative ways to resolve said dispute as allowed under California law. they parties parties good thirty ## XIX\_FORCE MAJEURE Neither party shall be liable in damages or have the right to terminate this Agreement 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 Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license) , wars, insurrections; strikes or other work stoppages; andlor any other cause beyond the reasonable control of the party whose performance is affected . ## XX\_ENTIRE AGREEMENI This Agreement constitutes the entire agreement of the parties and supersedes all communications, understandings and agreements relating to the subject matter hereof; whether oral or written\_ prior ## XXL\_AMENDMENI No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee. ## XXIL\_SEVERABILITY If any provision or provisions of this Agreement shall be held to be invalid; illegal; unenforceable or in conflict with the law of any jurisdiction; the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. ## XXIIL\_WAIVER OF CONTRACTUAL RIGHI Waiver of any provision herein shall not be deemed a waiver of any other provision herein; nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. ## XXIV\_NoTICES All notices given pursuant to this Agreement shall be in writing and may be hand delivered; or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile; confirmation copies must be sent by U.S. Mail or hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party . ## If to Licensor: General Counsel of ProQuest LLC 789 E. Eisenhower Parkway Ann Arbor Michigan USA 48106-1346 ## If to Licensee: University of California Office of the President California Digital Library 415 20t Street; 4t Floor Oakland, CA 94612 USA Attn: Licensing Dept. ## XXV\_Notice of the\_Use of Digital Rights Management Technology In the event that Licensor develops any significant type of digital rights management technology to\_limit the access or the usage of Licensed Product; Licensor agrees to notify Licensee with a contact name\_at ProQuest for support as well as provide technical specifications; to the extent such exists; for the digital rights management technology utilized. ## XXVL Notice of the\_ Use of Digital Watermarking Technology If Licensor utilizes any type of digital watermarking technology for any element of the Licensed Product, Licensor agrees that watermarks will not be visible to the human eye and will not degrade image quality. These watermarks shall not contain user-related information such as account number or IP address. If digital watermarking technology is used, Licensor agrees to notify Licensee with a contact name at ProQuest for support as well as provide technical ifications; to the extent such exists for the technology used.\_Notwithstanding\_the above it should\_be\_noted\_that although\_Licensor's third party content providers do not currently use watermarking technology; the third party content providers may utilize watermarking technology; and in such event; use of watermarking shall not constitute a breach or default under the\_Agreement. specif ## XXVIL\_Funding Contingency (multi-Year agreements) The University of California reasonably believes that funds can be obtained sufficient to pay all monies due during the term of this Agreement and hereby covenants that it will do all lawfully within it power to obtain; maintain; and properly request and pursue funds from which payments for this transaction may be made; including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding; its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative review and appeals in the event such portion of the budget is not approved. It is the University of California 's intent to make payments for the full term of this transaction. The University of California represents that the use of the materials under this transaction are essential to its proper, efficient and economic operation. things using In the event no funds or insufficient funds are appropriated and budgeted and are not otherwise legally available by any means whatsoever in any fiscal period for payments due under this transaction; the University of California will immediately notify Licensor of such occurrence and this transaction shall terminate on the last of the subscription for which payment has been made without penalty of expense to the University of California of any kind whatsoever, except as to the portions of payments herein agreed for which funds shall have been appropriated and budgeted or otherwise available. In the event of such termination the University of California shall maintain its perpetual right to materials licensed under the subscription periods for which it has fully period day paid. ## Additional Provisions Requested by ProQuest: EEOC\_Statement: ProQuest agrees to comply with all provisions of Executive Order 11246 of September 24, 1965, and all rules;, regulations and relevant orders of the Secretary of Labor related to equality of employment opportunity which Executive Order, rules; regulations and orders are incorporated herein by reference. ## US\_Government Restricted Rights. The Products include materials that are commercial technical data andlor computer databases andlor commercial computer software; as applicable; which were developed exclusively at private expense by ProQuest LLC (flkla ProQuest Information and Learning Company andlor Cambridge Scientific Abstracts LP andlor ProQuest-CSA LLC) 789 E. Eisenhower Parkway, Ann Arbor, MI 48108. display; or disclose these technical data andlor computer databases andlor computer software are subject to the limited rights restrictions of DFARS 252.227-7202-3 (June 2005) Rights in Computer Software and Computer Software Documentation andlor subject to the restrictions of DFARS 252.227-7019 (June 1995) Validation of Asserted Restrictions Computer Software; as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) Rights in Data-General, FAR 52-227-20(c)(2-3)) (March 1994) Rights in Data-SBIR Program andlor subject to the restricted rights provisions of FAR 52.227-15 (May 1999) Representation of Limited Rights Data and Restricted Computer Software and FAR 52.227-19 (June 1987) Commercial Computer Software-Restricted Rights; as applicable; and any applicable agency FAR Supplements; for non-Department of Defense Federal procurement. IN WITNESS WHEREOF, the parties have executed this Agreement by their respective; duly authorized representatives as of the date first above written. ## LICENSOR: [Text deleted] [Text deleted] [Text deleted] [Text deleted] BY: [Text deleted] DATE: Print Name Title: Global Address: 789 Ann Arbsr Mi PVwy E-mail: ## LICENSEE: [Text deleted] [Text deleted] [Text deleted] [Text deleted] BY: DATE: Signature 0I Title: Executive Director 94612 ## Appendix A ## Licensed Materials ## 1 Perpetual \_Rights Apply | 19th Century Parliamentary Papers 20t Century African-American Poetry 20t Century Drama 20t Century English Poetry Acta Sanctorum African Writer's Series American Drama American Film Institute Catalogue | |--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Digital National Security Archives Digitale Bibliothek Deutscher Klassiker Early English Books Online | | 20t Century American Poetry | | American Periodicals Series | | Black Studies Center | | C:19 | | Ethnic NewsWatch | | Ethnic News Watch Historic File | | GenderWatch GeoRef | | Gerritsen Women's History Online | | Historic San Francisco Chronicle | | International Index to Music Periodicals | | International Index to Performing Arts | | Literature Online Patrologia Latina | | Periodicals Archive Online Collection 5 | | Periodicals Contents Index Full Text (first 200 titles) Periodicals Contents Index Full Text Collection 3 | | Periodicals Contents Index Full Text Collection 4 | | Periodicals Contents Index segment 21 | | Periodicals Contents Index segment 16-19 Periodicals Contents Index segment 23-25 | | ProQuest Digital Dissertations | | ProQuest Historic New York Times | | ProQuest Historic Los Angeles Times | | ProQuest Historic Wall Street Journal PsycARTICLES | | PsycINFO | | Periodicals Contents Index segment 20 | | Periodicals Contents Index segment 22 | | Periodicals Index Online segments 26-29 | ## IL No Perpetual\_Rights Apply AGRICOLA (UCB, UCI, UCR) ARTbibliographies Modern ATLA Avery Index to Architectural Periodicals Factiva FIAF Film Index International Index Islamicus International Bibliography of Art (IBA) International Bibliography of Social Sciences (UCSB) Los Angeles Times MLA International Bibliography New York Times PAIS International Philosopher' s Index Wall Street Journal Research Library Alunmi Edition Safari Tech Books Online Sociological Abstracts Worldwide Political Science Abstracts ## Appendix B ## Campuses of the University of California University of California, Berkeley (including Lawrence Berkeley Lab) University of California; Davis University of California; Irvine University of California; Los Angeles University of California; Merced University of California, Riverside University of California; San Diego University of California, San Francisco University of California; Santa Barbara University of California; Santa Cruz University of California Office of the President ## University of California IP Address Ranges List Berkeley (UCB , including Lawrence Berkeley Lab) [Text deleted] Davis (UCD) [Text deleted] Irvine (UCI) [Text deleted] [Text deleted] [Text deleted] Los Angeles (UCLA) [Text deleted] [Text deleted] Merced (UCM) Riverside (UCR) San Diego (UCSD) [Text deleted] San Francisco (UCSF) [Text deleted] Santa Barbara (UCSB) [Text deleted] [Text deleted] Santa (UCSC) Cruz Office of the President (UCOP) [Text deleted] [Text deleted]

The materials that are the subject of this Agreement shall consist of electronic information published by Licensor (hereinafter referred to as the "Licensed Materials") Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor: Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement.

This Agreement shall continue in effect for one year commencing on the Effective Date.

650c0c5c-bc5f-4ade-86b8-e76901f86a73

TaylorFrancis_CRCNetbases_Addendum_2017_Redacted

## ADDENDUM TO LIBRARY LICENSE AGREEMENT This Addendum (the "Addendum") to the Library License Agreement dated January 1, 2013 (the "Agreement") is effective April 6, 2017 (the "Addendum Effective Date") and is by and between ylor & Francis Group, LLC, a state of Delaware limited liability company having its principal place of bu iness at 6000 Broken Sound Parkway NW, Suite 300, Boca Raton, FL 33487 (the "Licensor"), and The Re ents of the University of California, a non-profit academic institution, with its principal offices at The California Digital Library (CDL), University of California, Office of the President, 415 20th Street, 4t Floor, Oakland, CA 94612, USA (the "Licensee"). The Licensee agreed to a 3-year agreement for the purchase of all 2017, 2018, and 2019 publicati n year content on the CRCnetBASE eBook platform (all title output for these years, all subject areas) wit an annual price increase cap o - The agreed purchase price of the 2017 CRCnetBASE content is - Licensee will be invoiced immediately with payment due to Licensor within sixty (60) days of invoi e. The purchase price of all 2018 CRCnetBASE content shall be - this purchase by January 7, 2018 with payment due to Licensor within sixty (60) days of invoice. and Licensee shall be invoic d for The purchase price of 2019 content shall be - nd Licensee shall we invoiced by January 7 2019 with payment due to Licensor within sixty (60) days of invoice. No other fees will be charged. ## MATERIALS All CRCnetBASE 2017, 2018, and 2019 publication year titles, as they are published and added to t e CRCnetBASE platform. ACCESS This agreement is for outright purchase of, perpetual access to this content, for following particip ting sites: University of California, Berkeley (including Lawrence Berkeley Lab) University of California, Davis University of California, Irvine University of California, Los Angeles University of California, Merced University of California, Riverside University of California, San Diego University of California, San Francisco University of California, Santa Barbara University of California, Santa Cruz University of California Office of the President All content shall be ORM-free, with unlimited simultaneous user access. ## USAGE RIGHTS AND RESTRICTIONS Licensee shall not permit any person to access the Materials other than the Authorized Users. Ace ss to the Materials shall be subject to all restrictions in the Agreement applicable to Licensed Materials (as defined in the previous License Agreement). Licensor shall, with respect to Licensor's provision of he Materials hereunder, have all rights afforded to Licensor pursuant to the Agreement with respect o Licensed Materials (including, without limitation, all warranty disclaimers and limitations of liabilit ). ## COLLECTIONS INCLUDED The purchase includes an estimated 1,146 titles covering all CRC subjects per the table below and excludes CHEMnetbase which is a separate annual systemwide purchase. ## 2017 FRONTLIST - CRCnetBASE COLLECTIONS | NetBASE Collection | Individual netBASE ISBN estimate: 2017 | |-------------------------------------------------------------|----------------------------------------------| | AGRICULTUREnetBASE | 48 | | BIOMEDICALSCI ENCEnetBASE | 129 | | BIOSCIENCEnetBASE =Biomedical+ Life *Supernetbase | 129 | | BUSI N ESSnetBASE/MANAGEMENTnetBASE | 135 | | CHEMICALENGI N EERI NGnetBASE | 41 | | CHEMLIBnetBASE =Chem Eng+ Chemistry *Supernetbase | 142 | | COMPUTERSCIENCEnetBASE | 144 | | EN ERGYAN DCLEANTECHNOLOGYnetBASE | 45 | | ENGnetBASE =Civil +Mech+ Ind+ Gen+ Elec + Min* Super | 318 | | ENVIROnetBASE = Env Science+ Env Engineering* Super | 122 | | ERGONOMICSnetBASE | 19 | | FOODnetBASE | 50 | | FORENSICnetBASE/LA WEN FORCEMENTnetBASE | 70 | | GEOnetBASE | 11 | | HEALTHCAREnetBASE | 67 | | HOME LAN DSECURITYnetBASE | 39 | | INFORMATIONSCIENCEnetBASE =IT, Business & Comp Sci* Super | 313 | | ITECHnetBASE | 110 | | LIFESCIENCEnetBASE | 137 | | MATERIALSnetBASE | 98 | | MATHnetBASE | 93 | | MEDICINEnetBASE | 85 | | NANOnetBASE | 57 | | OCCUP-HEALTHand SAFETYnetBASE | 13 | | PHARMACEUTICALnetBASE | 40 | | PHYSICSnetBASE | 103 | | POLYMERSnetBASE | 15 | | PublicADMINSTRATIONnetBASE | 14 | | STATSnetBASE | 108 | | VETnetBASE | 19 | | WATERnetBASE | 35 | | Total | 1146 | IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized representatives, to be effective as of the licensee signature date. For Licensor: For Licensee: Taylor & Francis Group, LLC Title: SR VP- 31\LE:,) Title: Associate Executive Director California Digital Library 5- -:i\_ -- 'o\] \_\_\_\_\_ \_\_\_\_ v L.J \_ \_,\_\_ Date: \_\_ Date: \_\_ 4/18/2017 \_\_\_\_\_\_ -+-

c43c55cc-2daf-4daa-a208-e53624e3b6dc

ElsevierSD2009_amdt98_UCD_Redacted

## NINETY-EIGHTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS. the parties hereto have previously entered into an agreement dated 5 February 2009 (the "Agreement' 2013 wish to amend the Agreement as set forth in this May NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below. and for such other good and valuable consideration; the receipt and sufficiency of which are hereby acknowledged the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment. the terms of this Amendment shall prevail. IN WITNESS WHEREOF , authorized representatives as of 3 June 2013. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY [Text deleted] Na Tit [Text deleted] Title: Managing Director, Global Sales & Customer Marketing; Science & Technology Amendment No 1-3978309193 Executive Directtv JUN 2 4 2013 ## NINETY- EIGHTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA DAVIS No. 1-3978309193 | Subscribed Products publisher | Access | 2013 | |-------------------------------------------------------------------------------------|-------------------|--------| | ScienceDirect@ online Elsevier B.V. | sciencedirect.com | | | Elsevier eBooks Titles | | | | Elsevier Reference Works (perpetual access) Encyclopedia of Behavioral Neuroscience | | | | TOTAL FEES | | | ## Annex A to Schedule 1 Elsevier eBooks Titles ## UNIVERSITY OF CALIFORNIA, DAVIS | Product | eBook Titles | Final Net Price 2013 | |---------------|----------------------------------------|------------------------| | 9781455722969 | Consultative Hemostasis and Thrombosis | [Text deleted] |

82f4fc5e-63d8-4197-9763-6f1dd219834b

Empire_Online_addendum_2007-2014

ADDENDUM dated 2007 to Online Licence Agreement for Empire Online between Adam Matthew Digital Ltd (the "Licensor") and The Regents of the University of California; with its principal offices at The California Digital Library (covering all ten University of California campuses), University of California; 415 20 m Street; Oakland; CA 94612 (the "Licensee") 2nd May Projects licensed by original Agreement - Empire Online The following Additional Project is Licensed by this Addendum on the same terms as the original Empire Online Agreement; subject to clauses (1), (2) and (3) as set out below: ## Everyday Life & Women In Amerlce, c1800-1920, Online ## Clause (1): ## Section IV: Llcensor Performance Obligatlons: DELETE: Availability of Licensed Materials: Upon the Effective Date 0f this Agreement; Licensor shall make the Licensed Materials available to the Licensee and Authorised Úsers at least until 31 December 2014. The Licensee is committed to purchasing all five sections of the Licensed Materials. The total fee payable by the Licensee for the period up t0 31 December 2014 shall be set out at the beginning of this term and is payable by on the publication of each section. INSERT: Availability of Licensed Materials: Upon the Etfective Date of this Agreement; Licensor shall make the Licensed Materials available to the Licensee and Authorised Users Hosting: The Licensor guarantees to host the Licensed Materials for five (5) years trom the Effective Date and it is intended that the hosting be extended for further tive year periods. Clause (2): DE ETE: Each renewal shall be subject to the payment by Licensee of providing ongoing access to the Licensed Materials. INSERT: Each renewal shall be subject to the payment by Licensee of Clause (3): ## Sectlon IX: Llcence Period: DELETE: Except for termination for cause; the Licensor hereby grants to the Licensee a non exclusive; licence to use the Licensed Materials until 31 December 2014, subject to payment of Such use shall be in accordance with the provisions of this Agreement; which provisions shall survive any termination of this Agreement: INSERT: Except for termination for cause, the Licensor hereby grants to the Licensee a non exclusive licence to use the Licensed Materials. By payment the Licensee shall have the option to use the hosting facilities offered by the Licensor. Such use shall be in accordance with the provisions of this Agreement; which provisions shall survive any termination of this Agreement. IN WITNESS THEREOF, the parties have executed this Agreement by their respective; duly Authorised representatives as of the date first above written: ## LICENSOR: BY: DATE: Ib Ma Signature of Authorised Signatory of Licensor Name: Title: Sales + M Adam Matthew Digital Ltd Pelham House, London Road, Marlborouah; Wiltshire, SNB 2AA, England Tel: Fax: Email: ## THE LICENSEE: BY: DATE: 5 Signature of Authorised Signatory of Lišensee NAME: TITLE: Director, Business Services TEL: FAX: EMAIL: BUSINESS TERMS FOR ADDENDUM dated 2007 to Online Licence Agreement for Empire iOnline between Adam Matthew Digital Ltd (the "Licensor") and The Regents 0f the University 0f California; with its principal oftices at The California Éigital Library (covering all ten (the "Licensee") 2nd May ## Licensed Materials: Everyday Life & Women in America; c1800-1920, Online ## Pricing: - Simultaneous Use: unlimited - Includes access for nine (9) UC campuses plus free access for UC San Francisco - A credit note will be availabl to CDL to cover combined UCLA, UC Berkeley and UC Irvine pruchase total of Empire Online - MARC records are available for download - Archival back-up on DVD available on request - maintenance fee will be charged - be paid five (5) years after the effective date and every five (5) years thereafter to cover our costs hosting Qu

- Simultaneous Use: unlimited - Includes access for nine (9) UC campuses plus free access for UC San Francisco - A credit note will be availabl to CDL to cover combined UCLA, UC Berkeley and UC Irvine pruchase total of Empire Online - MARC records are available for download - Archival back-up on DVD available on request - maintenance fee will be charged - be paid five (5) years after the effective date and every five (5) years thereafter to cover our costs hosting Qu

852485bf-f204-4647-8344-ef22f48863c1

ElsevierSD2009_amdt124_UCSB_Redacted

## ONE HUNDRED AND TWENTY-FOURTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS. the parties hereto have previously entered into an agreement dated 5 February 2009 (the Agreement as last amended on 10 December 2013 wish to amend the Agreement as set forth in this for such other and valuable consideration. acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 good Except as specifically amended hereby. all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF. the parties have executed this Amendment by their respective, duly authorized representatives as of 13 December 2013. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olblo THE CALIFORNIA DIGITAL LIBRARY (Subscriber) [Text deleted] [Text deleted] N; Title: Managing Director; Global Sales & Customer Marketing; Science & Technology Amendmnent No 1-5900278939 ## ONE HUNDRED AND TWENTY-FOURTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olblo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA SANTA BARBARA | o. /-5900278939 | | |--------------------------------------------------------------------------------------|---------------------------------------------| | Subscribed Products publisher Access 2013 | | | ScienceDirect@ online Elsevier B.V. sciencedirect.com | | | ~Encyclopedia of Biodiversity (Second Edition) ~Comprehensive Inorganic Chemistry II | | | TOTAL FEES | | | Vulnerability | Vulnerability | | Elsevier Reference Works (perpetual access) | Elsevier Reference Works (perpetual access) |

13825ffc-09ac-4a04-afc9-da106fa4cc89

ElsevierSD_2009_amdt2REDACTED

## SECOND AMENDMENT TO ## ELSEVIER LICENSE AGREEMENT WHEREAS; the parties hereto have previously entered into an agreement dated 5 February 2009 (the "Agreement") as last amended on 22 February 2009 and wish to amend the Agreement as set forth in NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, and for such other and valuable consideration; the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Prior Agreement as of the execution date below as set forth below and on Schedule 1 . good Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment; the terms of this Amendment shall prevail . IN\_WITNESS WHEREOF, the parties have executed this Amendment by their respective; duly authorized representatives as of 24 March 2009. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY (Subscriber) ## [Text Deleted] [Text Deleted] [Text Deleted] Title: ELSEVIER B.V. Name Contract Number: 1-759841032 ## SECOND AMENDMENT TO ELSEVIER LICENSE AGREEMENT Schedule 1 The Licensed Products and Fees identified below are in addition to those identified in the Agreement for 2009. ## UNIVERSITY OF CALIFORNIA, SANTA BARBARA | | Contract #1-759841032 | Contract #1-759841032 | |-------------------------------------------------------------------------------|-------------------------|-------------------------| | Licensed Products publisher | Access | 2009 | | ScienceDirect@ online Elsevier B.V. | sciencedirect com | | | Elsevier Reference Works (perpetual access) Encyclopedia of Ocean Sciences II | | | | TOTAL FEES | | |

ee52be68-857d-4fe6-af67-9570729f66d7

ST_tier2_Cambr_Struct_DB_sched2013_Redacted

## Schedule to the Licence of Access Agreement Calendar Year 2013 Part I Items Supplied (to be supphed by the Cambridge Crystallographic Data Centre) The CSD 30 Graphics Search System, 2013 Release (including the CSIJ, ConQuest. Mercury and Solid Form module, PreQuest. lsoStar, web accessible lsoStar, and MoBul) Downloadable CSD data updates in 2013 SuperStar DASH WcbCSD 'I ime-limited tnal vers10ns of any CSD System component, if requested and if available Part lI Financial Arrangements Organisation will pay CCDC - and any further payments due if upgraded access granted) Part Ill Site Org1misation: Site: No: 1293 University of California, San Diego Electronic Resources Librarv 9500 Gilman Drive 0175A La Jolla, CA 92093 USA University of California, San Diego La Jolla CA92093 USA Computer Arrangements: ConQuestfMoguf/Mercury/ Solid Form module/PreQucst/lsoStar Client/SuperStar/DASI-l installatton on unlimited number of machine(s) (node-locked) WebCSD (from any supported browser to CCDC hosted server restricted by authorised IP address range(s) where " unl1m1tcd" nodes purchased; and for cxclus1vc use of named md1v1dual uscr(s) (limited to number of nodes purchased and not lo exceed 6) IsoStar mstal!atJon of a local server to service nodes above and/ or connectJon to CCDC hosted server (A seco ndary back up compuli!r m.1 y be ~u~Ututed temporanly m Uw l"V('nt of f.ulurc of tlw primary comfuter) Site: No: 729 University of California, Berkeley Berkeley CA 94720 USA Computer Arrangements: ConQuestfMoguf/Mercury/ Solid Form modulefPreQuest/lsoStar Client/Superstar/DASH installation on unlimited number of machmc(s) (node-locked) WebCSD (frum any supported browser to CCDC hosted server restricted by authonsed IP address range(s) where "unlimited" nodes purchased; and for exclusive use of named individual user(s) (!muted to number of nod~s purchased and not to exceed 6) lsoStar ulStallation of a local server to service node~ above and/ or cortnection tu CCDC hosted server (A 5t'Condary ba<k up computer may be substituted temporaril; il1 the even I uf f·ilure 11f the prim·ry romputer) CCDC'lJSA .\•..Standard20 I J () () () () Site: No: 732 University of California, Riverside Riverside CA 92517 USA ## Computer Arrangements: ConQuest/Mogul/Mercury/ Solid Form module/PreQuest/lsoStar ClientfSuperStar/DASH installation on unlimited number of machine(s) (node-locked) WebCSD (from any supported browser to CCDC hosted server restricted by authorised IP address range(s) where "unlimited" nodes purchased; and for exclusive use of named individual user(s) (limited to number of nodes purchased and not to exceed 6) lsoStar installation of a local server to service nodes above and/ or connection to CCDC hosted server (A "i;P<Ond; uy bark up comp111er may lX' suhstituted temporarily in the event of faiJure of the primary computer) Site: No: 1422 University of California, Los Angeles Los Angeles CA 90095 USA Computer Arrangements: ConQuest/Mogul/Mercury/ Solid Form modulefPreQuestflsoStar Clienl/SuperStarfDASH irL·tlll~tion on unlimited number of machine(s) (node-locked) WcbCSD (from any supported browser to CCDC hosted server restrteted by authorised lP address range(s) where "unlimited" nodes purchased; and for exclusive use of named individual user(s) (limited to number of nodes purchased and not to exceed 6) lsoStar installation of a local server to service nodes above and / or connection to CCDC hosted server {A secondary back up computer may be substituted temporarily in the event cf failure of the pnmary computer) Site: No: 1562 University of California, Santa Cruz Santa Cruz CA 95064 USA CompulL'T Arrangements: ConQuest/Mogu]/Mercury/ Solid Form module/PreQuestflsoStar Client/SuperStar/DASH mstallation on , unlimited number of machine(s) (node-locked) WebCSD (from any supported browser to CCDC hosted server restricted by authorised IP address range(s) where "unlimited" nodes purchased; and for exclusive use of named individual user(s) (limited to number of nodes purchased and not to exceed 6) lsoStar installation of a local server to service nodes above and/or cortnection tu CCDC hosted server (A secondary back up computer may l>t' substituted tempora1i.Jy i.n tht.' event of failure of the primary cumputer) Site: No: 2SS4 University of California, Merced 5200 orth Lake Road Merced CA 95343 USA ## Computer Arrangements; ConQuestfMogul/Mercury/ Solid Form module/PreQuest/TsoStar Clienf/SuperStarfDASH installation on unlimited number of machine(~) (node-locked) WebCSD (from any supported browser to CCDC hosted server restricted by authorised IP address ranee(~) where" unlimited" nodes purchased; and for excl u~i ve ust> of named 111dividual user(s) (linut~d to number of nodes purchase<l and not to exceed 6) lsoStar installation of a local server to service nodes above and/ or connection to CCDC hosted server (A secondary back up computer may be substituted temporarily in the event of fa durt of the pnmarycomputtr) ## Part JV Acknowledgements References to be quoted in all publications based on this Licence of Access for: TI1e CSD System, ConQuest, Mercury. lsoStar, Mogul, WebCSD SuperStar and DASH can ht! found here: http//www.ccdc.cam.ac. uk/su pport/prod uct references/ CCDC/USAAcaStAndard201 J

b01002e5-42aa-4c8a-a10b-5d0880136bf2

LexisNexis_Academic-Subscription-Agreement_2019_Redacted

You may subscribe to the Online Services by agreeing to the terms set forth in this Agreement including the Conditions for Use of the Online Services (the "General Terms") attached hereto as Exhibit A and incorporated herein by reference. In the event of any conflict between the General Terms and the terms set forth below, the terms set forth below will control. Your subscription is subject to acceptance by LexisNexis, a division of RELX Inc., which acceptance shall be evidenced by granting access to the Online Services subscribed to herein. ## LexisNexiso Academic Subscription Agreement and Order Form CALIFORNIA DIGITAL LIBRARY ON BEHALF OF THE REGENTS OF THE UNIVERSITY OF SUBSCRIBER CALIEORNIA Authorized Signature Print Name Title Associate Executive Director, CDL Date ## AGREED AND ACCEPTED BY: Menu/SKU Number (s) Number of Simultaneous Users Product /Menu Description (If Applicable) (If Applicable) Nexis Uni 500,000 2 SELECT "Subscription Period" Annual Payments 7/1/2019 to 6/30/2020 7/1/2020 t0 6/30/2021 7/1/2021 to 6/30/2022 ANNUAL SUBSCRIPTION FEE (Multi-Year Agreements subject to annual increase of SELECT%) [Consortia Subscriptions If this box is checked, the Subscribing Institution is a member of the library academic consortium SELECT (the "Consortia As such, the Annual Subscription Fees or Monthly Payments are serviced by the Consortia in accordance with the terms of the agreement between LexisNexis land the Consortia covering the Consortia' s members. [Subscription is for the entire Subscribing Institution, department, or individuals as indicated below: Subscribing Institution Department: [Insert name] Set Number of Authorized Users: [Insert name] Authorized Users: The term "Authorized User" includes full and part time employees (including faculty, staff, and independent contractors) and [students of Subscriber, regardless of the physical location of such persons. In addition, "Authorized Users" also include patrons not affiliated with [Subscriber who are physically present at Authorized sitels) For authorized sites see Appendix B Number of Full-time IDs: N/A Number of Full-time IDs: N/A Payment Plan: Monthly in arrears Prepay Annually [Termination: Subscribing Institution may not terminate this Subscription Agreement during the Term except as provided in this section and the "Termination" section 5 in Exhibit A If sufficient funds are not appropriated or allocated for payment under this Agreement for any current or [future fiscal period, Subscriber, at its option, may terminate this Agreement on the last of any calendar month upon ten (10) [written notice to LN, without future obligations, liabilities, or penalties to LN, except for amounts due up to the time of termination. To exercise [this right, Subscriber shall certify and warrant in writing that sufficient funds have not been appropriated to continue the Agreement for thel next fiscal period day days prior Access to the Online Services: LN shall provide access to and use of the Online Services for Authorized Users only- Access to the Online Services must be strictly controlled and limited to Authorized Users through the use of LexisNexis identification numbers and passwords as indicated in Ithe General Terms or by one or more of the following remote authentication methods: Internet Protocol ("IP") domain address filtering, whereby the Subscriber provides LN with IP addresses registered to the Subscriberand vouchsafes that these IP addresses are associated only sites controlled by the Subscriber for Authorized Users only. with Proxy Server IP address filtering, whereby the Subscriberprovides LN with IP addresses of a proxy server belonging to or operated on behalf of the Subscriberand vouchsafes that proxy server access is granted only to Authorized Users located at the Authorized Sites or tol remote users that have been authenticated as Authorized Users by the Subscriber, a secure patron authentication system. using [Further, notwithstanding anything to the contrary in the General Terms, nothing in this Agreement prohibits the use of programs or equipment| designed for use solely by persons with disabilities in order to access the Online Services for its intended purposes [Payment Terms: All charges are exclusive of any state or local sales, use, or similar taxes. such taxes are applicable, they shall be charged to your account. Ifyou are exempt from any such taxes, the tax shall not be charged to you. AlI charges will be invoiced on the basis set forth above Amounts billed annually will be billed in advance of the term and you must pre-pay the Annual Fee. All charges, together with applicable taxes, are within 45 days after receipt of an invoice. payable ## and Order Form Organization Name (Full Legal Name): Regents of the University of California 2 Physical Address: 415 2Oth Street, Floor 4th Oakland State: CA Zip: 94612 3 4 County: ALAMEDA Country: USA 5 Phone: 6. 5105876091 Fax Number: 7 Invoice Address (email and physical address) CDL Acquisitions Coordinator University of California Geisel Library 9500 Gilman drive 0175K La Jolla, California 92093-0175 USA Email:cdl-acquisitions@ucop edu 8 Name of Contact, Telephone Number and Email Address the following: for Installation: Billing: Policy/Legal Notification; Scheduling/Training: 9 Parent Company (if applicable): 10. Type of Organization (Check/complete all that apply): Ticker Publicly Traded Company: Exchange: Symbol: Private Corporation Sole Proprietor Partnership/LLC No. of Practicing Area of Law Firm: Attorneys: Law: No. of No. of years in No of years Employees: business: at address: If less than 6 months at an address, provide previous address: 11. Business/Professional 12 Employer Identification Number: License No: 13. Date Issued/Expiration 14. Issuing State: Date: 15. Dun & Bradstreet No or Martindale-Hubbell Rating: 16. Tax Exempt: No 17. Organization Web Address: https:/ /www.cdlib.org City: ## LexisNexis ® Academic Subscription Agreement and Order Form ## EXHIBIT A ## LEXISNEXIS GENERAL TERMS AND CONDITIONS FOR USE OF THE ONLINE SERVICES EXHIBIT A TERMS & CONDITIONS FOR USE OF THE ONLINE SERVICES These terms and conditions ('General Terms') govern use of the online services (the 'Online Services') and materials available therein ('Materials') provided by LexisNexis, a division of RELX Inc. and its affiliated companies (collectively 'LN'). - 1. GRANT OF RIGHTS; RESTRICTIONS ON USE - 1.1 Subscriber and its Authorized Users (as defined in the Subscription Agreement to which these General Terms are attached, the 'Subscription Agreement' or 'Agreement') are granted a nonexclusive, nontransferable, limited right to access and use for research and educational purposes the Online Services and Materials made available to Subscriber. The rights granted to Subscriber and each Authorized User are as follows: - (a) The right to electronically display Materials retrieved from the Online Services for the Authorized User's individual use (e.g., no Authorized User may network others via LANs, WANs, intranets or the Internet), subject to the Supplemental Terms for Specific Materials ('Supplemental Terms'). Notwithstanding the foregoing, an Authorized User may display a de minimis amount of the Materials on an incidental, infrequent basis for noncommercial purposes to other Authorized Users so long as the Authorized Users are in the same physical location and the mode of display is not through the Internet, an intranet or other types of networking communication like LANs or WANs; - (b) The right to email, fax, download, hyperlink, or make printouts using the commands of the Online Services and the right to create a single printout of Materials accessed or downloaded by any other means (collectively, 'Authorized Printouts'); - (c) With respect to Materials that are court cases, court rules, court briefs, agency issued documents, agency regulations or executive branch materials from the United States, its states, local governments, or territories (collectively, 'Authorized Legal Materials'), the right to download using the commands of the Online Services and store in machine-readable form, primarily for that Authorized User's exclusive use, a single copy of insubstantial portions of those Authorized Legal Materials included in any individually searchable file or content source in the Online Services to the extent the storage of those Authorized Legal Materials is not further limited or prohibited by the Supplemental Terms. The storage may continue so long as the Authorized Legal Materials are needed for purposes contemplated under this Subscription Agreement; - (d) With respect to all Materials other than Authorized Legal Materials, the right to download using the commands of the Online Services and store in machine readable form for no more than 90 days, primarily for that Authorized User's exclusive use, a single copy of insubstantial portions of those Materials included in any individually searchable file or content source in the Online Services, to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms, provided that LN will notify you and you will use reasonable efforts to cure in the event of storage of Materials longer than 90 days; - (e) Notwithstanding anything to the contrary herein, the right to (1) excerpt or quote insubstantial portions of Materials in documents prepared for educational purposes (e.g., course packs) to the extent permitted by applicable copyright law; (2) distribute Authorized Printouts to persons who are not Authorized Users (including by emailing through the functionality of the Online Services) on an occasional, infrequent basis as permitted by applicable copyright law; and (3) store Materials for periods in excess of the periods set forth above to the extent ## LexisNexis ® Academic Subscription Agreement and Order Form required for legal or regulatory compliance provided you shall use reasonable efforts to purge all other Materials promptly upon the expiration of this Subscription Agreement. For purposes of further clarification, examples of the foregoing may include, with appropriate attribution, use of certain figures, tables, and brief excerpts from the Materials in an Authorized User's own scientific, scholarly, and educational works. For the avoidance of doubt, Subscriber and Authorized Users may use citation and brief, abstract information in a faculty profiling systems, in lists of publications on faculty and institutional web pages, and to create bibliographies; and - (f) For the avoidance of doubt, downloading and storing Materials in an archival database is prohibited. The Online Services and the Materials are protected by copyright and other applicable intellectual property laws that prevent unauthorized access and use. - 1.2 To the extent permitted by U.S. copyright law (or applicable copyright law for any use outside of the U.S.) and not further limited or prohibited by the Supplemental Terms, Subscriber and its Authorized Users may make copies of Authorized Printouts and distribute Authorized Printouts and copies. - 1.3 Except as specifically provided in this Agreement, Subscriber and the Authorized Users are prohibited from downloading, emailing, faxing, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Online Services. Subscriber may not exploit the goodwill of LN, including its trademarks, service marks, or logos without the express written consent of LN. Additionally, under no circumstances may Subscriber or any Authorized User offer any part of the Online Services or Materials for commercial resale or commercial redistribution in any medium or use the Online Services or the Materials to compete with the business of LN. - 1.4 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and Materials in any medium belongs to LN or its third- party suppliers of Materials. RELX Group and the RE symbol are trademarks of RELX Group plc, used under license. Neither Subscriber nor Authorized Users acquire any proprietary interest in the Online Services, Materials, or copies thereof, except the limited rights granted herein. - 1.5 Neither Subscriber nor Authorized Users may use the Online Services or Materials in any fashion that infringes the intellectual property rights, privacy rights or proprietary interests of LN or LN's third-party suppliers of Materials. Subscriber's use of the Online Services and Materials must comply with all applicable laws, rules and regulations. - 1.6 Neither Subscriber nor Authorized Users may remove or obscure the copyright notice or other notices contained in Materials. - 1.7 Neither you nor your Authorized Users may use information included in the Online Services or Materials to determine an individual consumer's eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. The term 'consumer' is defined in the United States Fair Credit Reporting Act at 15 USC §1681.1.8 In addition to these General Terms, other provisions that govern use of the Materials are set forth in the Supplemental Terms, online descriptions of files, online notices following source selection, and individual documents retrieved from the Online Services (collectively, the 'Additional Terms'), all of which are incorporated by reference into the Subscription Agreement. ## 2. ACCESS TO SERVICES AND SUPPORT - 2.1 Access to the Online Services must be strictly controlled and limited to Authorized Users through the use of LN identification numbers and passwords ('LN IDs') or by one or more of the remote authentication methods set forth in the Subscription Agreement. To the extent access is controlled by use of identification number and passwords, Subscriber shall use reasonable efforts to inform Authorized Users that LN IDs may only be used by the Authorized Users to whom they are assigned and that the LN IDs may not be shared with or used by any other persons, including other Authorized Users or other third parties. Subscriber will also use reasonable efforts to manage its roster of Authorized Users and to promptly notify LN to deactivate an LN ID if the person to whom it is assigned is no longer an Authorized User. Subscriber will use reasonable efforts to prevent unauthorized use of LN ## LexisNexis ® Academic Subscription Agreement and Order Form IDs assigned to its Authorized Users and will promptly notify LN, in writing, if it suspects that an LN ID is lost, stolen, compromised, or misused. - 2.2 Subscriber may not access or otherwise use the Online Services if Subscriber is identified on, and Subscriber may not knowingly provide access to the Online Services to any individuals identified on, OFAC's list of Specially Designated Nationals, the UK's HM Treasury's Consolidated List of Sanctions Targets, or the EU's Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions. - 2.3 LN shall automatically provide both composite system-wide use data and itemized data for individual campuses and labs to Subscriber on a monthly basis. In all cases regarding the disclosure of usage statistics such data shall be fully anonymized to protect the identity of individual users and the confidentiality of their searches and will comply with all applicable privacy laws. LN shall not disclose or sell to other parties usage data or information about Subscriber or Authorized Users without Subscriber's written permission (and such permission will not be unreasonably conditioned, delayed or withheld) or as required by law. - 2.4 In the event that LN requires Authorized Users to agree to additional terms relating to the use of the Materials (commonly referred to as 'click-through' or 'clickwrap' licenses), or otherwise attempts to impose terms on Authorized Users through online terms and conditions invoked by the mere use or viewing of the Materials, such terms shall not materially differ from the provisions of this Agreement. In the event of any conflict between the click-through terms or online terms and conditions and this Agreement, the terms of this Agreement shall prevail. For the avoidance of doubt, you will use reasonable efforts to communicate to Authorized Users the terms of this Agreement and their obligations to comply with and bind them to Your latest user policy on use of licensed resources. - 2.5 Use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Unless otherwise agreed to by LN in writing, use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities. - 2.6 To comply with local privacy, data protection and other laws, the Online Services are country specific and may not be accessed outside the country for which access has been granted except for short periods not to exceed 30 continuous days. If LN suspects use of an LN ID outside the country of issue for a period in excess of 30 continuous days, LN may suspend the LN ID or require use of an LN ID for the relevant country. There shall be no extra charge for issuance of a comparable LN ID for the relevant country. This section shall not apply to Authorized Users remotely accessing the Online Services through authentication via IP addresses listed in Appendix C, regardless of country from which such access is sought. - 2.7 The Online Services, Materials, and feature functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise changed by LN without notice. - 2.8 LN will provide Subscriber and the Authorized Users with access to all online tutorials and electronic documentation that it makes generally available to its academic subscribers in an electronic format. - 2.9 LN will offer reasonable levels of customer support to assist Subscriber and Authorized Users in use of the Online Services and Materials. LN will make its personnel available by email and/or phone during Subscriber's regular business hours, Monday through Friday, for feedback, problem-solving, or general questions and will respond in a timely manner. - 2.10 LN shall use commercially reasonable efforts to ensure that LN's server or servers have sufficient capacity and rate of connectivity to provide the Subscriber and Authorized Users with a quality of service comparable to current standards in the on-line information provision industry in the Subscriber's locale. LN shall use commercially reasonable efforts to provide continuous service seven (7) days a week with an average of 98% up-time per month. The 2% down-time includes periodic unavailability due to server maintenance; software installation or testing; loading or making available additional Materials as they become available; and unavailability because of service or equipment failure outside the control of LN (including problems with public or private telecommunications ## LexisNexis ® Academic Subscription Agreement and Order Form services, or Internet nodes or facilities). LN may schedule brief unavailability periods provided that it does so in a manner so as to minimize inconvenience to Subscriber and Authorized Users. - 2.11 Notwithstanding anything to the contrary in the terms, nothing in this Agreement prohibits the use of programs or equipment designed for use solely by persons with disabilities in order to access the Online Services for its intended purposes. LN is committed to making the Online Services accessible to persons with disabilities. LN agrees to comply with the terms of the LexisNexis Commitment to Accessibility set forth at www.lexisnexis.com/gsa/76/accessible.asp. - 2.12 To the extent that Authorized Users use LN IDs to access the Online Services, the Online Services may contain a feature that will allow Authorized Users to create work folders or work spaces ('Folders') from within research sessions that are associated solely with an Authorized Users' unique LN ID. The Folders are designed to allow Authorized Users to save copies of Materials made available by LN. Authorized Users are prohibited from uploading content to the Folders that is defamatory, libelous, pornographic or obscene, unless such content is reasonably related to professional responsibilities or educational purposes. Authorized Users are also prohibited from uploading content to the Folders that is unlawful or that is considered protected health information under the Health Accountability and Portability Protection Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). Authorized Users may print any Materials saved in the Folders prior to the expiration or termination of this Agreement, if desired. LN has no obligation to provide the content of Folders to Subscriber or Authorized Users after the termination of this Agreement. All LN Materials contained in Folders remain subject to the storage limitations and other terms and restrictions set forth in this Agreement. ## 3. LIMITED WARRANTY - 3.1 LN represents and warrants that it has the right and authority to make the Online Services and Materials available to Subscriber and its Authorized Users as authorized expressly by this Agreement. - 3.2 EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN 'AS IS', 'AS AVAILABLE' BASIS AND LN AND EACH THIRD-PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ## 4. LIMITATION OF LIABILITY - 4.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Service or any features thereof or any Materials, (c) Subscriber or an Authorized User's use of the Online Services or Materials, (d) the loss or corruption of any data or equipment in connection with the Online Services, (e) the content, accuracy, or completeness of Materials, all regardless of whether Subscriber received assistance in the use of the Online Service from a Covered Party, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the Online Services. - 4.2 'Covered Party' means (a) LN and its affiliates, and its and their officers, directors, or employees, subcontractors, agents, successors and assigns; and (b) each third-party supplier of Materials. - 4.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS OR THIS AGREEMENT EXCEED THE LESSER OF ACTUAL DIRECT DAMAGES OR THE AMOUNT SUBSCRIBER PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. SUBSCRIBER'S RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH SUBSCRIBER MAY HAVE AGAINST ANY COVERED PARTY. 4.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER THE COVERED PARTIES NOR SUBSCRIBER WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR SUBSCRIBER'S (AND THE AUTHORIZED USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO LN OR ITS THIRD PARTY SUPPLIERS OR TO A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. - 4.5. INDEMNITY. (a) LN shall indemnify and hold harmless the Subscriber and Authorized Users for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, that arise from any third party claim that alleges copyright infringement or other intellectual property infringement arising from the use of the Online Services or Materials by the Subscriber or any Authorized User provided: (i) use of the Online Services and Materials at issue was in accordance with this Subscription Agreement; (ii) the claim, cause of action or infringement was not caused by you modifying or combining the Online Services or Materials with or into other content, products or applications not approved by LN; (iii) you give LN prompt notice of any such claim; and (iv) you give LN the right to control and direct the investigation, defense and settlement of each such claim. You, at LN's expense, shall reasonably cooperate with LN in connection with the foregoing. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. This Section 4 shall survive the termination of this Agreement. - (b) In addition, if the Online Services or the operation thereof become, or in the opinion of LN are likely to become, the subject of a claim of infringement, LN shall, at its expense, either: (i) procure for Subscriber the right to continue using the Online Services, (ii) replace or modify the Online Services so that they become non-infringing, or (iii) terminate this Agreement on notice to Subscriber and grant Subscriber a pro-rata refund or credit (whichever is applicable) for any pre-paid fees or fixed charges. - (c) The provisions of Sections 4.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein. - 5. TERMINATION for Breach: If either party believes that the other has materially breached any obligations under this Agreement, such party shall so notify the breaching party in writing. The breaching party shall have thirty (30) days from the receipt of notice to use all reasonable means to cure the alleged breach and to notify the nonbreaching party in writing that a cure has been implemented. If the breach is not cured within the thirty (30) day period, the non-breaching party shall have the right to terminate the Agreement without further notice. Once this Agreement ends, by early termination or otherwise, LN may terminate access to the Materials by Subscriber and Authorized users. The foregoing right of termination shall not alter or effect LN's rights of suspension set forth in Section 7.2. In the event of early termination as permitted by this Agreement, except for termination for a material breach by the Subscriber, Subscriber shall be entitled to a refund of any prepaid fees or pro-rata portion thereof paid by Subscriber for any remaining period of the Agreement from the date of termination. ## 6. MISCELLANEOUS - 6.1 These General Terms may be changed by LN upon written notice to the Subscribe, provided, however, that LN shall only have the right to change the terms set forth in these General Terms if such changes are only applied prospectively and required to: (a) enable LN to comply with contractual obligations owed to third party licensors; or (b) enable LN to comply with applicable laws and regulations (e.g., privacy laws); or (c) enable LN to protect the Online Services or Materials from abuse; and (d) be made for all similarly situated subscribers and not directed at Subscriber. Subscriber may terminate this Agreement upon written notice to LN if any change to the General Terms and Conditions is unacceptable. For termination to be effective, written notice of termination must be provided to LN within 90 days of the effective date of the change. Continued use of the Online Services following the effective date of any change constitutes acceptance of the change but does not affect the foregoing termination right. Charges and payment terms may be changed in accordance with the terms of your Price Schedule. Except as provided above, LN's General Terms and Conditions may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore, these General Terms may not be supplemented, modified or otherwise revised by email exchange even if the email contains a printed name or signature line bearing signature-like font. ## LexisNexis ® Academic Subscription Agreement and Order Form 6.2 LN may temporarily suspend or discontinue providing access to the Online Services to any or all Authorized Users in breach of this Subscription Agreement without prior notice to Subscriber and LN may pursue any other legal remedies available to it. Such temporary suspensions will be of the shortest duration possible sufficient to terminate the alleged unauthorized activity and prevent its resumption. LN will use reasonable commercial efforts to promptly advise Subscriber of any such suspensions. - 6.3 All legal notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested. Either party may from time to time change its Notice Address by written notice to the other party. Notices to LN should be sent to LexisNexis, Attn: Chief Legal Officer, 9443 Springboro Pike, Miamisburg, OH 45342. Legal notices to Subscriber shall be sent to: 6.4 The failure of Subscriber, LN or a third-party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. - 6.5 Neither party may assign their rights or delegate their duties under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided that LN may assign this Agreement to any affiliate or to the transferee of substantially all of its stock or assets or the assets related to this Agreement without Subscriber's prior written consent. Subscriber may terminate this Agreement and receive a pro rata refund of any prepaid fees in the event that any such assignment results in a material degradation in the operation or support of the Online Services or the Materials available therein. This Agreement and any amendment thereto shall be binding on and will inure to the benefit of the parties and their respective successors and permitted assigns. - 6.6 You represent that you have the right to supply LN with all personal data supplied by you about your Authorized Users in compliance with applicable laws. LN will use personal data supplied by you or your Authorized Users in accordance with the LexisNexis privacy policy available at http://www.lexisnexis.com/enus/terms/privacy-policy.page. LN shall notify you of any changes to the aforementioned privacy policy through the Online Services. Subscriber may terminate this Agreement upon written notice to LN if any material changes to the privacy policy that are not required to comply with applicable law are unacceptable to Subscriber. - 6.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California regardless of the law that might otherwise apply under applicable principles of conflicts of law. - 6.8 This Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with the parties' original intent and (b) such invalidity or unenforceability will not affect any other provision of this Agreement. - 6.9 Where applicable, each affiliated company of LN or each third-party supplier of Materials has the right to assert and enforce the provisions of this Subscription Agreement directly on its own behalf as a third-party beneficiary. ## LexisNexis ® Academic Subscription Agreement and Order Form ## Appendix B - Authorized Sites University of California, Berkeley (including Lawrence Berkeley National Laboratory) University of California, Davis University of California, Irvine University of California, Los Angeles University of California, Merced University of California, Riverside University of California, San Diego University of California, San Francisco University of California, Santa Barbara University of California, Santa Cruz University of California Office of the President Appendix C | Berkeley (UCB) Range Start | Range End | |---------------------------------------------|-------------| | Lawrence Berkeley National Laboratory (LBL) | | | Range Start | Range End | | Range Start | Range End | Los Angeles (UCLA) Range Start Merced (UCM) Range Start Office of the President (UCOP) Range Start Riverside (UCR) Range Start San Diego (UCSD) Range End Range End Range End Range End LexisNexis ® Academic Subscription Agreement and Order Form Range Start Range End LexisNexis ® Academic Subscription Agreement and Order Form Santa Barbara (UCSB) Range Start Santa Cruz (UCSC) Range Start Range End Range End

8d0048d7-3799-427d-a1d4-8f242d9e64ed

ElsevSD_2009_amdt38_UCSD_Redacted

## THIRTY- EIGHTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the Agreement' as last amended on 1 November 20/land wish to amend the Agreement as set forth in this amendment ("Amendment NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below. and for such other are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 good Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF the parties have executed this Amendment by their respective; duly authorized representatives as of 29 November 2011, ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) [Text deleted] Nan Title: [Text deleted] ELSE (Elsev Managing Director, Global Sales & Customer Marketing, Science & Technology 1-2571451936 ## THIRTY-EIGHTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/ Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/b/o ## UNIVERSITY OF CALIFORNIA SAN DIEGO / LA JOLLA No. 1-2575450824 | Subscribed Products publisher | Access | 2011 | |----------------------------------------------|----------------------------|--------| | SciVerse@ ScienceDirect@ online Elsevier B.V | sciencedirect.sciverse com | | | Elsevier eBooks Titles | | | | TOTAL FEES | | | ## ELSEVIER SUBSCRIPTION AGREEMENT ## Annex A to Schedule 1 Elsevier eBooks Titles ## UNIVERSITY OF CALIFORNIA SAN DIEGO / LA JOLLA | | ISBN | Elsevier eBooks Title | |---------------|---------------|---------------------------------------------------| | 9780123750303 | 9780123750303 | Designing with the Mind in Mind | | 9780123747297 | 9780123747297 | Essentials of Stem Cell Biology | | 9780080965758 | 9780080965758 | Introduction to AutoCAD 20/1 | | 9780123756626 | 9780123756626 | Numerical Methods and Optimization in Finance | | 9780123814227 | 9780123814227 | Principles of Regenerative Medicine | | 9780123821881 | 9780123821881 | Statistical Mechanics | | 9780123705815 | 9780123705815 | Structural Biology Electrons and X-rays Using |

0a2ce2b5-a0a5-4d4b-a6e3-e2cef1cecfa5

ST_Tier2_Knovel_amdt_2013_Redacted

## RENEWAL AMENDMENT TO SUBSCRIPTION SERVICE LICENSE AGREEMENT THIS RENEWAL AMENDMENT ('Amendment"), dated as of January 14, 2013 (' Effective Date') is by and between California Digital Libraries ('Subscriber") and Knavel Corporation ("Knavel"). WHEREAS, Subscriber and Knavel entered into a Subscription Service License Agreement or SLA, dated January 3, 2012 (the ·Agreement"); and WHEREAS, both Subscriber and Knavel wish to renew the Agreement and replace Appendix B with the terms outlined below. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows. - 1. Knavel hereby grants to Subscriber and its Authorized Users, as defined in the Agreement, the following revocable, non-transferable, limited, non-exclusive right and license to access the following Product at the terms set forth below which shall be specific to said Product: Service Start Date: Service End Date: Band Number: Total Fees: January 1, 2013 December 31 , 2013 5 USO- Product Description: Adhesives, Sealants, Coatings & Inks Aerospace & Radar Technology Biochemistry, Biology & Biotechnology Ceramics & Ceramic Engineering Chemistry & Chemical Engineering Civil Engineering & Construction Materials Computer Hardware Engineering Earth Science Electrical & Power Engineering Electronics & Semiconductors Environment & Environmental Engineering Food Science General Engineering & Project Administration Premium Content AICHE/CCPS Center for Chemical Process Safety ASME Boiler & Pressure Vessel Code DIPPR 801 Patty's Toxicology Sax's Dangerous Properties of Industrial Materials Special ASM International Terms and Conditions ASM International Complimentary Access via Knavel Knovel will grant complimentary access to its version of product(s) named herewith via Knavel only if all the following conditions are met: (i) Subscriber currently licenses this product directly from ASM International ("ASM"); and (ii) Subscriber licensed this product via ASM prior to March 1, 2010; and (iii) Subscriber is an active Knavel Subscriber in good standing; and (iv) Knavel is allowed by ASM to offer complimentary access to certain ASM content through the Knavel Service solely to Subscribers that meet conditions (i), (ii) and (iii) named herewith. Complimentary access will be granted to Knovel's version of: ASM International Handbooks Online ("ASM HBO"). Customer acknowledges that Knovel's comµl11 nentary product may not contain all titles included in the original ASM product as not all titles may have been licensed by Knavel or approved for licensing by ASM. This offer is subject to expire at any time with at least sixty (60) days adv<Jnce notice. [The next page is the Signatory Page] Pagl! 1of2 Industrial Engineering & Operations Mgmt Mechanics & Mechanical Engineering Metals & Metallurgy Nanotechnology Oil & Gas Optics & Photonics Pharmaceuticals, Cosmetics & Toiletries Plastics & Rubbers Process Design, Control & Automation Safety & Industrial Hygiene Sustainable Energy & Development Textiles Transportation Engineering References in the Agreement to "this Agreemenf', "hereunder·, herein", "hereor, and words of like effect shall incorporate this Amendment. The remaining terms of the Agreement shall remain in full force and effect and is expressly ratified herein. ## ACCEPTANCE AND AGREEMENT IN WITNESS WHEREOF, each of the Parties hereto has caused this Amendment to be executed by its duly authorized representative on the respective dates entered below. ## KNOVEL CORPORATION ("Knovel") ..... #'4015

f6e336c8-d85c-42c2-9e8c-5672fe361500

ST_Tier2_MorganClaypool_appendAupdate_2015-2-19_Redacted

## Appendix A to Synthesis License Agreement Dated 12/20/2005 between Morgan & Claypool Publishers LLC and California Digital Library Updated 05/13/2010 to reflect acquisitions of Collection Three and Collection Four as indicated below Updated 1CY2512011 to reflect acquisitions of Collection Five as indicated below Updated 07/ 1512013 to reflect acquisitions of Collections One through Five for University of California Riverside indicated below Updated 02/00/ 2014 to reflect acquisitions of Collection Six as indicated below Updated 02/1912015 to reflect acquisitions of Collection Seven as indicated below ## Licensed Content: Synthesis Collection One comprising 100 Synthesis lectures numbered 1-100 Synthesis Collection Two comprising 125 Synthesis lectures numbered 101-225 Synthesis Collection Three comprising 125 lectures numbered 226-350 Synthesis Collection Four comprising 125 lectures numbered 351-475 Synthesis Collection Five comprising 125 lectures numbered 476-600 Synthesis Collection Six comprising 100 lectures numbered 601-700 Synthesis Collection Seven comprising 100 lectures numbered 701-800 ## License Fee: A one-time payment of - or perpetual access to the collections at the following eight Universities of California campuses: Los Angeles, Irvine, Berkeley, San Diego, Merced, Davis, Santa Cruz, San Francisco ## Updated 05/13/2010: A one-time payment of- or perpetual access to Collection Three and Four at University of California Santa Cruz A one-time payment o. er institution for perpetual access to Collection Four at the following rn1a campuses: Irvine, San Diego, Los Angeles, Berkeley, Davis five Universities of Cali A one-time payment o or perpetual access to Collection Four at University of California Merced Updated 1CY 25' 2011: A one-time payment o- each) for perpetual access to Collection Five at Berkeley, Davis, Irvine, SO, LA A one-time payment o~ ) (each) for perpetual access to Collection Five at SB, SC and LBL A one-time payment o~ach for perpetual access to Collection Five at Merced and SF Updated 0711512013: A one-time payment o- for perpetual access to Collections One, Two, Three, and Five for UC Riverside Updated 02/00/ 2014: A one-time payment o- (each) for perpetual access to Collection Six at Berkeley, Davis, Irvine, Los Angeles, and San Diego A one-time payment o~each) for perpetual access to Collection Six at Riverside, Santa Cruz, and LBL A one-time payment ofmltor perpetual access to Collection Six at Merced Updated 02/1912015: A one-time payment o- (each) for perpetual access to Collection Seven at Berkeley, Davis, Irvine, Los Angeles, and San Diego A one-time payment o- Cruz A one-time payment o- (each) for perpetual access to Collection Seven at Riverside and Santa for perpetual access to Collection Seven at Merced ## Hosting Fee: The license fee includes access to the content on the publisher's server for five years following com. n of delivery of the content. Thereafter, the publisher may charge a hosting fee of no more - f the current license price of a collection comparable in size to the hosted content. right toocally host the content in accordance with Clause XIII. he Licensee shall also have the IN WITNESS WHEREOF, the parties have executed this Agreement by their respective, duly authorized representatives as of the date first above written.

Synthesis Collection One comprising 100 Synthesis lectures numbered 1-100 Synthesis Collection Two comprising 125 Synthesis lectures numbered 101-225 Synthesis Collection Three comprising 125 lectures numbered 226-350 Synthesis Collection Four comprising 125 lectures numbered 351-475 Synthesis Collection Five comprising 125 lectures numbered 476-600 Synthesis Collection Six comprising 100 lectures numbered 601-700 Synthesis Collection Seven comprising 100 lectures numbered 701-800

c5d1e6ca-4524-43a0-8bd4-20b542cf55c7

STSpringer2005_Redacted

## Multi-Site License Agreement Springer Science+Business Media, Inc. and The Regents of the University of California This License Agreement (this "Agreement") is made effective as of January 1, 2005 (the "Effective Date") between Springer Science+Business Media, Inc., 233 Spring Street, New York, New York 10013-1578, USA tUcensor") and The Regents of the University of California, a non-profit academic institution, with its principal offices at The California Digital Library, University of California Office of the President, 415 20th Street, 4th floor, Oakland, CA 94612, USA ("Licensee"). In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ## I. CONTENT OF LICENSED MATERIALS; GRANT OF LICENSE The materials that are the subject of this Agreement shall consist of electronic information published by Springer (hereinafter referred to as the "Licensed Materials") as set forth in Attachment 3.1 . Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive, worldwide, non-transferable, perpetual license to use of the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement. ## II. DELIVERY/ACCESS OF LICENSED MATERIALS TO LICENSEE Licensor will provide the Licensed Materials to the Licensee in the following manner: Network Access. The Licensed Materials will be stored at one or more Licensor locations in digital form accessible by telecommunications links between such locations and authorized locations of Licensee. 5/25/2005 • ## Ill. FEES Licensee shall make payment to Licensor for use of the Licensed Materials as follows: All fees are due and payable by Licensee thirty (30) days after the date of License Agreement or its annual renewal and receipt of invoice from Licensor. ## IV. AUTHORIZED USE OF LICENSED MATERIALS Authorized Users. "Authorized Users" are: Persons Affiliated with the Universitv of California. Full and part time employees (including faculty, staff, and independent contractors) and students of Licensee and the institution of which it is a part, regardless of the physical location of such persons. For campus locations see Appendix B. Walk-ins. Patrons not affiliated with Licensee who are physically present at Licensee's site(s) ("walk-ins"). Access by and Authentication of Authorized Users. Licensee and its Authorized Users shall be granted access to the Licensed Materials pursuant to the following: - IP Addresses. Authorized Users shall be identified and authenticated by the use of Internet Protocol ("IP") addresses provided by Licensee to Licensor. The use of proxy servers is permitted as long as any proxy server IP addresses provided limit remote or off-campus access to Authorized Users. Authorized Uses. Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with the Fair Use Provisions of United States and international copyright laws. In addition, the Licensed Materials may be used for purposes of research, education or other non-commercial use as follows: Display. Licensee and Authorized Users shall have the right to electronically display the Licensed Materials. Digitally Copy. Licensee and Authorized Users may download and digitally copy a reasonable portion of the Licensed Materials. Print Copy. Licensee and Authorized Users may print a reasonable portion of the Licensed Materials. Recover Copying Costs. Licensee may charge a reasonable fee to cover costs of copying or printing portions of Licensed Materials for Authorized Users. 5/25/2005 [Text deleted] .. Archival/Backup Copy. Upon request of Licensee, Licensee may receive from Licensor and/or create one (1) copy of the entire set of Licensed Materials to be maintained as a backup or archival copy during the term of this Agreement, or as required to exercise Licensee's rights under section XII, 'Perpetual License and Archival Rights', of this Agreement. Caching. Licensee and Authorized Users may make local digital copies of the Licensed materials in order to ensure efficient use by Authorized Users by appropriate browser or other software. Collections of Information. Licensee and Authorized Users shall be permitted to extract or use information contained in the Licensed Materials for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis. Course Packs. Licensee and Authorized Users may use a reasonable portion of the Licensed Materials in the preparation of Course Packs or other educational materials. Course Reserves (Print and Electronic). Licensee and Authorized Users may use a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction offered by the University of California. Electronic Links. The University of California is committed to the use of the emerging OpenURL standard to allow linking to related materials in other locations. If Licensor does not use the OpenURL standard, Licensor staff will provide information to Licensee upon request to assist the Licensee in creating links directly from UC's library catalogs and licensed resources to the content at the journal, issue and article levels. Scholarly Sharing. Authorized Users may transmit to a third party in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials for personal use or scholarly, educational, or scientific research or professional use but in no case for resale or commercial purposes. lnterlibrarv Loan. Licensee may fulfill occasional requests from other institutions, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC §108, "Limitations on exclusive rights: Reproduction by libraries and archives") and the Guidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works. Articles can be printed and these print copies can be delivered via postal mail, fax, or fax-based service to fulfil ILL requests from an academic, research, or other non› commercial library. Requests received from for-profit companies or directly from individuals may not be honored. Fulfillment of Loansome Docfi service requests is permitted. ILL through secure electronic transmission, as demonstrated by the ARIEL and Prospero systems, is permitted. Files transmitted in this manner must carry copyright notices. 5/25/2005 [Text deleted] u... ... "'"""t ## Amount of Authorized Use. Unlimited Access. Subject to the terms of this Agreement, Licensee and its Authorized Users shall have unlimited access to the Licensed Materials. ## V. SPECIFIC RESTRICTIONS ON USE OF LICENSED MATERIALS Unauthorized Use. Licensee shall not knowingly permit anyone other than Authorized Users to use the Licensed Materials. Modification of Licensed Materials. Licensee shall not modify, manipulate, or create a derivative work of the Licensed Materials without the prior written permission of Licensor. Removal of Copyright Notice. Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials. Commercial Purposes. Licensee may not use the Licensed Materials for commercial purposes, including but not limited to the sale of the Licensed Materials, fee-for-service use of the Licensed Materials, or bulk reproduction or distribution of the Licensed Materials in any form; nor may Licensee impose special charges on Authorized Users for use of the Licensed Materials beyond reasonable printing or administrative costs. ## VI. MUTUAL PERFORMANCE OBLIGATIONS User Surveys. Licensee and Licensor shall cooperate on the preparation and provision of user surveys to solicit feedback on the Licensed Materials from Authorized Users. Confidentiality of User Data. Licensor and Licensee agree to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee and its Authorized Users. Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate form. Raw usage data, including but not limited to information relating to the identity of specific users and/or uses, shall not be provided to any third party. Implementation of Developing Security Protocols. Licensee and Licensor shall cooperate in the implementation of security and control protocols and procedures as they are developed during the term of this Agreement. ## VII. LICENSOR PERFORMANCE OBLIGATIONS Availability of Licensed Materials. Upon the Effective Date of this Agreement, Licensor shall make the Licensed Materials available to Licensee and Authorized Users. Documentation. Licensor will provide and maintain help files and other appropriate user documentation. 5/25/2005 [Text deleted] 4/35 Training and Support. Licensor will offer installation support, including assisting with the implementation of any Licensor software. Licensor will provide appropriate training to Licensee staff relating to the use of the Licensed Materials and any Licensor software. Licensor will off er reasonable levels of continuing support to assist Licensee and Authorized Users in use of the Licensed Materials. Licensor will make its personnel available by email, phone or fax during regular business hours, Monday through Friday for feedback, problem-solving, or general questions. Quality of Service. Licensor shall use reasonable efforts to ensure that the Licensor's server or servers have sufficient capacity and rate of connectivity to provide the Licensee and its Authorized Users with a quality of service comparable to current standards in the on-line information provision industry in the Licensee's locale. Licensor shall use reasonable efforts to provide continuous service seven (7) days a week with an average of 98% up-time per month. The 2% down-time includes periodic unavailability due to maintenance of the server(s), the installation or testing of software, the loading of additional Licensed Materials as they become available, and downtime related to the failure of equipment or services outside the control of Licensor, including but not limited to public or private telecommunications services or internet nodes or facilities. Scheduled down-time will be performed at a time to minimize inconvenience to Licensee and its Authorized Users. If the Licensed Materials fail to operate in conformance with the terms of this Agreement, Licensee shall immediately notify Licensor, and Licensor shall promptly use reasonable efforts to restore access to the Licensed Materials as soon as possible. In the event that Licensor fails to repair the nonconformity in a reasonable time, Licensor shall reimburse Licensee in an amount that the nonconformity is proportional to the total Fees owed by Licensee under this Agreement. Notification of Modifications of Licensed Materials. Licensee understands that from time to time the Licensed Materials may be added to, modified, or deleted from by Licensor and/or that portions of the Licensed Materials may migrate to other formats. Licensor shall give a ninety (90) day notice of any such changes to Licensee. Failure by Licensor to provide such notice shall be grounds for immediate termination of the Agreement by Licensee. Completeness of Content. Where applicable, Licensor shall use reasonable efforts to ensure that the online content is at least equivalent to print versions of the Licensed Materials, represents complete, faithful and timely replications of the print versions of such Materials, and will cooperate with Licensee to identify and correct errors or omissions. Continued Training. Licensor will provide regular system and project updates to Licensee as they become available. Licensor will provide additional training to Licensee staff made necessary by any updates or modifications to the Licensed Materials or any Licensor software. 5/25/2005 [Text deleted] Notice of Terms of "Click-Through" License Terms. In the event that Licensor requires Authorized Users to agree to terms relating to the use of the Licensed Materials before permitting Authorized Users to gain access to the Licensed Materials (commonly referred to as "click-through" licenses), Licensor shall provide Licensee with notice of and an opportunity to comment on such terms prior to their implementation. In no event shall the terms of such "click-through" licenses materially differ from the provisions of this Agreement. In the event of any conflict between the terms of such "click-through" licenses and this Agreement, the terms of this Agreement shall prevail. Compliance with Americans with Disabilities Act. Licensor shall make reasonable efforts to comply with the Americans with Disabilities Act (ADA). ## VIII. LICENSEE PERFORMANCE OBLIGATIONS Provision of Notice of License Terms to Authorized Users. Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Licensed Materials is granted under this Agreement including, in particular, any limitations on access or use of the Licensed Materials as set forth in this Agreement. Provision of Notice of Intellectual Property Right to Authorized Users. Licensee shall make reasonable efforts to provide Authorized Users with notice of any applicable Intellectual Property or other rights applicable to the Licensed Materials. Licensee shall make reasonable efforts to prevent the infringement of any Intellectual Property or other rights of the Licensor in the Licensed Materials. Licensee shall promptly notify Licensor of any infringement that comes to Licensee's attention, and take appropriate steps to avoid its recurrence. Protection from Unauthorized Use. Licensee shall use reasonable efforts to protect the Licensed Materials from any use that is not permitted under this Agreement. In the event of any unauthorized use of the Licensed Materials by an Authorized User, (a) Licensor may terminate such Authorized User's access to the Licensed Materials, (b) Licensor may terminate the access of the Internet Protocol ("IP") address( es) from which such unauthorized use occurred, and/or (c) Licensee shall terminate such Authorized User's access to the Licensed Materials upon Licensor's request. Licensor shall take none of the steps described in this paragraph without first providing a sixty (60) day notice to Licensee and cooperation with the Licensee to avoid recurrence of any unauthorized use. Maintaining Confidentiality of Access Passwords. Where access to the Licensed Materials is to be controlled by use of passwords, Licensee shall issue log-on identification numbers and passwords to each Authorized User and use reasonable efforts to ensure that Authorized Users do not divulge their numbers and passwords to any third party. ## IX. TERM This Agreement shall continue in effect for three (3) years commencing on the Effective Date. ## X. RENEWAL This agreement shall be renewable at the end of the current term for a successive one (1) year term unless either party gives written notice of its intention not to renew thirty (30) days before expiration of the current term. ## XI. EARLY TERMINATION In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Licensor believes that Licensee has exceeded the scope of the License, such party shall so notify the breaching party in writing. The breaching party shall have sixty (60) days from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the sixty (60) day period, the non-breaching party shall have the right to terminate the Agreement without further notice. Upon Termination of this Agreement for cause online access to the Licensed Materials by Licensee and Authorized Users shall be terminated. Authorized copies of Licensed Materials may be retained by Licensee or Authorized Users and used subject to the terms of this Agreement. In the event of early termination permitted by this Agreement, Licensee shall be entitled to a refund of any fees or pro-rata portion thereof paid by Licensee for any remaining period of the Agreement from the date of termination. ## XII. PERPETUAL LICENSE AND ARCHIVAL RIGHTS Perpetual License. Notwithstanding anything else in this Agreement, Licensor hereby grants to Licensee a nonexclusive, royalty-free, perpetual license to use any Licensed Materials that were accessible during the term of this Agreement. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The means by which Licensee shall have access to such Licensed Materials shall be in a manner and form substantially equivalent to the means by which access is provided under this Agreement. Licensee will continue to have full online access to materials licensed in previous years but lost due to cessation, sale, or substitution by Licensee, providing that Licensor retains the right to distribute content. Licensor will make reasonable efforts to retain a non-exclusive copy of the volumes published by Springer and make them available to Licensee. Archival Rights Springer recognizes the right of Licensee to own and possess in perpetuity the Licensed Materials as described in this Agreement and listed in Attachment 3.1. Further, Springer makes provision for Licensee to self-archive the Non-subscribed Materials listed in Attachment 3.2. These rights and the methods by which they may be exercised are described below (hereinafter referred to as "Archival Rights"). Licensee may make one (1) electronic copy of all the Licensed Materials, as well as one (1) copy in print, from the electronic versions of the Licensed Materials to be maintained as a backup or for archival purposes. Use of LOCKSS technology 1 for backup and archival purposes is permitted. This local archiving right is permitted for both the Subscribed Materials listed in Attachment 3.1 and the Non-subscribed Materials listed in Attachment 3.2. In the event of cancellation of selected portions of the Licensed Materials by Licensee, the previously subscribed content may be made available to their Authorized Users under the same terms and conditions set forth in Section 2. Springer agrees to provide continuing access to previously subscribed content for as long as Springer retains rights to do so and the Licensee remains a Party to this Agreement (i.e. the Licensee retains subscribed access to some portion of the Licensed Materials under the terms of this Agreement). In the event that Licensee terminates this Agreement and thereby discontinues paid access to Springer Published Content, Springer shall provide continuing access to Licensee and its Authorized Users to that portion of the Subscribed Licensed Materials which was published within the subscription year(s) for four (4) additional years, with continuing access in subsequent years to be arranged according to the following options available to Licensee: 1) Licensee may elect to receive an archival digital copy on a mutually agreed-upon digital storage medium for a nominal service plus handling fee, and/or 2) Licensee may elect to pay a negotiated fee per title per year for ongoing online access to the Licensed Materials. The foregoing shall be provided as long as Licensee continues to observe its obligations with respect to security and restriction on usage set forth in this Agreement and as provided under applicable law. Springer will not provide full text files or media for the Non-subscribed Materials listed in Attachment 3.2, though the Licensee may elect to pay a negotiated maintenance fee per title per year for online access to the previously accessible years of such Non› subscribed Materials from Springer. In the event that there cease to be rights holders for the Licensed Materials, Springer has provided for ongoing public access to the content through agreements with a selection of libraries situated throughout the world. ## XIII. WARRANTIES Subject to the Limitations set forth elsewhere in this Agreement: Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials, that it has obtained any and all necessary permissions from third parties to license the Licensed Materials, and that use of the Licensed Materials by 1 Described at http://lockss.stanford.edu/ 5/25/2005 [Text deleted] Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party. Licensor warrants that the physical medium, if any, on which the Licensed Materials is provided to Licensee will be free from defects for a period of ninety (90) days from delivery. ## XIV. LIMITATIONS ON WARRANTIES Notwithstanding anything else in this Agreement: Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials. Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated herein, the Licensed Materials are provided on an "as is" basis, and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party. ## XV. INDEMNITIES The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party may reasonably request and have the right to participate in the defense at its own expense. ## XVI. AsSIGNMENT AND TRANSFER Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. ## XVII. GOVERNING LAW This Agreement shall be interpreted and construed according to, and governed by, the laws of California, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in California shall have jurisdiction to hear any dispute under this Agreement. ## XVIII. DISPUTE RESOLUTION In the event any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. Mediation. In the event that the parties can not by exercise of their best efforts resolve the dispute, they shall submit the dispute to Mediation. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the dispute within five (5) working days after such notice. If those designated representatives cannot resolve the dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within thirty (30) calendar days after such meeting, the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement. Arbitration. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying no later than sixty (60) days after the notice of arbitration is served. l ~·""' ... "le<> · ., The arbitrator(s) shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement. ## XIX. FORCE MAJEURE Neither party shall be liable in damages or have the right to terminate this Agreement 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 Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, strikes or other work stoppages, and/or any other cause beyond the reasonable control of the party whose performance is affected. ## XX. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. ## XXI. AMENDMENT No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee. ## XXll. SEVERABILITY If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. ## XXlll. WAIVER OF CONTRACTUAL RIGHT Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. ## XXIV. NOTICES All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, [Text deleted] confirmation copies must be sent by U.S. Mail or hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party. ## If to Licensor: Vice-President, Library Sales Springer Science+Business Media, Inc. 233 Spring Street New York, NY 10013-1578 USA [Text deleted] ## If to Licensee: University of California Office of the President California Digital Library 415 2ot11 Street, 4th Floor Oakland, CA 94612 USA ## XXV. Notice of the Use of Digital Rights Management Technology In the event that Licensor utilizes any type of digital rights management technology to control the access or the usage of Licensed Product, Licensor agrees to notify Licensee of the name, contact information and any technical specifications for the digital rights management technology utilized. ## XXVI. Funding Contingency The University of California reasonably believes that funds can be obtained sufficient to pay all monies due during the term of this Agreement and hereby covenants that it will do all things lawfully within it power to obtain, maintain, and properly request and pursue funds from which payments for this transaction may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative review and appeals in the event such portion of the budget is not approved. It is the University of California's intent to make payments for the full term of this transaction. The University of California represents that the use of the materials under this transaction are essential to its proper, efficient and economic operation. In the event no funds or insufficient funds are appropriated and budgeted and are not otherwise legally available by an means whatsoever in any fiscal period for payments due under this transaction, the University of California will immediately notify Licensor of such occurrence and this transaction shall terminate on the last day of the subscription period for which payment has been made without penalty of expense to the University of California of any kind whatsoever, except as to the portions of payments herein agreed for which funds shall have been appropriated and budgeted or otherwise available. In the event of such termination the University of California shall maintain its perpetual right to materials licensed under the subscription periods for which it has fully paid. ## XXVI. PRINT ARCHIVAL COPY Licensor will provide to Licensee a single print archival copy of titles selected from the Licensed Materials, as they are published, shipped to a single ship-to address at no additional cost for each title in the Licensed Materials, to be delivered to: UC Shared Journal Collection c/o VAL Serials Young Research Library Box 951575 Los Angeles, CA 90095-1575 Licensee will notify Licensor directly of titles to be shipped by January 31 of each year. The print copies will be housed in a UC regional storage facility. The purpose of the print archive is to provide a back-up source should any published content be missing from the online version, unsatisfactory in resolution or quality to meet a scholar's needs, or unavailable to authorized user(s). This Agreement includes the following Attachments, which are incorporated as if fully set forth herein: Attachment 1: Pricing Terms and Conditions Attachment 2: Campuses of the University of California Attachment 2.1 IP Address List Attachment 3.1 : List of the Licensed Materials - Subscribed Attachment 3.2: List of the Licensed Materials - Non-subscribed Attachment 3.3: List of Titles Not Included in This Agreement Attachment 4: List of the Newly Added Materials IN WITNESS WHEREOF, the parties have executed this Agreement by their respective, duly authorized representatives as of the date first above written. LICENSO BY: r - )l > \_\_ [Text deleted] ## [Text deleted] Senior Vice President, CFO Springer Science+ Business Media, Inc. 233 Spring Street 100121579 [Text deleted] 5/25/2005 13/35 [Text deleted] California Digital Library 2005-2007 ## [Text deleted] ## LICENSEE: BY: Signature of Authorized Sig tory of Licensee Print Name: Title: Director, Business Development Address: 415 20 1 h Street, 4th Floor Telephone No. E-mail: DATE: [Text deleted] [Text deleted] [Text deleted] [Text deleted] ## Attachment 1: Pricing Terms and Conditions ## Base Value The Base Value of the Agreement for 2005, 2006, and 2007, absent any adjustments for lost or ceased and new or transfer titles will be: The Base Value of the Agreement will be adjusted proportionately should a significant portion of the content become open access during the term of the agreement. [Text deleted] [Text delet ed] Titles that constitute that Base Value are listed in Attachment 3.1 . Licensed Materials Subscribed Titles. ## Payment Terms [Text deleted] One-time payment: the COL will make a payment of This payment will offset the needs for Springer Science and Business Media, Inc. growth and it will constitute a purchase of the entire Springer Online Journals Archives (all Eleven Online Library Package subject areas, from vol. 1 through 1996 publication ), subject to inspection of the complete title list and completeness (i.e., cover-to-cover) of the content. The purchase includes subsequent additions of titles to the Archives published by Springer as of January 2005 but not selected for the Springer Online Journals Archives project at this time (i.e., "titles not presently online, titles not copyrighted, titles that have none of their content in English, or journals discontinued prior to 1995"). Should the backfiles purchased not be [Text deleted] [Text deleted] Payment will be remitted directly to Springer within 30 days of a signed agreement and Licensee's receipt of invoice from Springer, and will permit electronic access to the Licensed Materials listed in Attachments 3.1, 3.2., 4 and 5 Springer will invoice the COL directly for all licensed fees. Springer will provide invoicing in US dollar currency. The COL will remit payment in US dollars. For 2005 only, the COL will pay two invoices for current content: one issued from former Kluwer Academic Publishers and from former Springer-Verlag. [Text deleted] [Text deleted] [Text deleted] 5/25/2005 15/35 ## Campus Print Subscriptions There are no restrictions on canceling print or other format subscriptions of Springer online titles by campuses. Print subscriptions of licensed Springer online titles are optionally available to UC campus libraries for a premium of[Text deleted] beginning in 2006. Springer will transmit the deeply discounted (OOP) rate to Serials Agents (Ebsco, Harrassowitz, Swets), along with a list of licensed online titles to which it applies, no later than October 1 of each year for the following subscription year. For 2005 only, [Text deleted] Changes in Holdings and New Titles [Text deleted] [Text deleted] ## Access to Back files Springer will grant access to the Back Volumes of the Licensed Materials starting in 1997 (as the electronic versions become available) to those titles listed in Attachments 3.1 and 3.2 and 4, [Text deleted] Access to legacy backfiles. [Text deleted] ## Non-Subscribed Titles Springer will grant access to Non-Subscribed Titles as listed in Appendix 3.2. ## Usage Data Licensor will provide Licensee composite and itemized usage data for campuses on regular and ongoing basis, and will provide usernames(s) and password(s) to facilitate the download of COUNTER compliant usage data whenever required. ## Attachment 2: Campuses of the University of California, LLNL University of California, Berkeley University of California, Davis University of California, Irvine University of California, Los Angeles University of California, Merced University of California, Riverside University of California, San Diego University of California, San Francisco University of California, Santa Barbara University of California, Santa Cruz University of California Office of the President Lawrence Livermore National Laboratory ## Attachment 2.1 IP Addresses UC Berkeley UC Davis UC Irvine UC Los Angeles UC Merced UC Riverside UC San Francisco 5/25/2005 19/35 [Text deleted] [Text deleted] [Text deleted] [Text deleted] [Text deleted] [Text deleted] [Text deleted] [Text deleted] UC Santa Barbara [Text deleted] UC Santa Cruz UC San Diego [Text deleted] [Text deleted] UC Office of the President - California Digital Library [Text deleted] UC Lawrence Livermore Laboratory 5/25/2005 21 /35 California Digital Library [Text deleted] [Text deleted] ## Attachment 3.1 : List of the Licensed Materials Subscribed ## Kluwer Imprint Cancer and Metastasis Reviews Acta Applicandae Mathematica Acta Biotheoretica Acta Mathematica Hungarica Adsorption Advances in Computational Mathematics Advances in Health Sciences Education African Archaeological Review Agriculture and Human Values Agroforestry Systems AIDS and Behavior Algebra and Logic Algebras and Representation Theory American Journal of Community Psychology American Journal of Dance Therapy American Journal of Psychoanalysis, The Analog Integrated Circuits and Signal Processing Analysis Mathematica Angiogenesis Annals of Global Analysis and Geometry Annals of Mathematics and Artificial Intelligence Annals of Operations Research Antonie van Leeuwenhoek Apoptosis Applied Categorical Structures Applied Composite Materials Applied Intelligence Applied Psychophysiology and Biofeedback Aquaculture International Aquatic Ecology Aquatic Geochemistry Archival Science Archives of Sexual Behavior Argumentation Artificial Intelligence Review Asia-Pacific Financial Markets Astrophysics Astrophysics and Space Science Automated Software Engineering Autonomous Agents and Multi-Agent Systems Autonomous Robots Behavior Genetics Biochemical Genetics BioControl Biodegradation Biodiversity and Conservation Biogeochemistry Biologia Plantarum Biological Invasions Biology and Philosophy Biomedical Microdevices Bi om eta ls Bioscience Reports Biotechnology Letters BIT Numerical Mathematics Boundary-Layer Meteorology Brain Topography Breast Cancer Research and Treatment 5/25/2005 [Text deleted] Cancer Causes and Control Cardiovascular Drugs and Therapy Catalysis Letters Celestial Mechanics and Dynamical Astronomy Cell Biology and Toxicology Cellular and Molecular Neurobiology Cellulose Chemistry of Heterocyclic Compounds Child and Adolescent Social Work Journal Child and Youth Care Forum Child Psychiatry and Human Development Children's Literature in Education Chromosome Research Climatic Change Clinical and Experimental Metastasis Clinical Social Work Journal Cluster Computing Cognitive Therapy and Research Community Mental Health Journal Computational and Mathematical Organization Theory Computational Economics Computational Geosciences Computational Mathematics and Modeling Computer Supported Cooperative Work (CSCW) Computers and the Humanities Constitutional Political Economy Contemporary Family Therapy Continental Philosophy Review Crime, Law and Social Change Culture, Medicine and Psychiatry Cytotechnology Czechoslovak Journal of Physics Data Mining and Knowledge Discovery Designs, Codes and Cryptography Dialectical Anthropology Digestive Diseases and Sciences Discrete Event Dynamic Systems Distributed and Parallel Databases Documenta Ophthalmologica Early Childhood Education Journal Earth, Moon, and Planets Economics of Planning Economist, De Ecotoxicology Education and Information Technologies Educational Psychology Review Educational Studies in Mathematics Empirica Employee Responsibilities and Rights Journal Environment, Development and Sustainability Environmental and Ecological Statistics Environmental and Resource Economics Environmental Biology of Fishes Environmental Geochemistry and Health Environmental Modeling and Assessment Environmental Monitoring and Assessment 22/35 Environmentalist Erkenntnis Ethical Theory and Moral Practice Ethics and Information Technology Euphytica European Finance Review European Journal of Epidemiology European Journal of Law and Economics European Journal of Plant Pathology European Journal of Population Evolutionary Ecology Experimental and Applied Acarology Experimental Astronomy Experimental Economics Feminist Legal Studies Fire Technology Fish Physiology and Biochemistry Flow, Turbulence and Combustion Formal Methods in System Design Foundations of Chemistry Foundations of Physics Foundations of Physics Letters Foundations of Science General Relativity and Gravitation Genetic Resources and Crop Evolution Genetica Geo Informatica Geometriae Dedicata Glycoconjugate Journal Group Decision and Negotiation Health Care Analysis Health Services and Outcomes Research Methodology Higher Education Higher-Order and Symbolic Computation Histochemical Journal, The Human Ecology Human Studies Husser1 Studies Hydrobiologia Hyperfine Interactions lndo-lranian Journal Inflammation Information Retrieval Innovative Higher Education Interchange International Environmental Agreements: Politics, Law and Economics International Journal for Philosophy of Religion International Journal for the Advancement of Counselling International Journal for the Semiotics of Law International Journal of Cardiovascular Imaging International Journal of Computer Vision International Journal of Computers for Mathematical Leaming International Journal of Flexible Manufacturing Systems International Journal of Fracture International Journal of Historical Archaeology 5/25/2005 [Text deleted] International Journal of Infrared and Millimeter Waves International Journal of Parallel Programming International Journal of Politics, Culture, and Society International Journal of Primatology International Journal of Speech Technology International Journal of Theoretical Physics International Journal of Thermophysics International Journal of Wireless Information Networks International Ophthalmology International Review of Education International Urology and Nephrology lnvestigational New Drugs Irrigation and Drainage Systems Jewish History Journal for General Philosophy of Science Journal of Abnormal Child Psychology Journal of Adult Development Journal of Agricultural and Environmental Ethics Journal of Algebraic Combinatorics Journal of Applied Electrochemistry Journal of Applied Phycology Journal of Archaeological Method and Theory Journal of Archaeological Research Journal of Assisted Reproduction and Genetics Journal of Atmospheric Chemistry Journal of Autism and Developmental Disorders Journal of Automated Reasoning Journal of Behavioral Education Journal of Behavioral Medicine Journal of Bioeconomics Journal of Bioenergetics and Biomembranes Journal of Biological Physics Journal of Biomolecular NMR Journal of Business and Psychology Journal of Business Ethics Journal of Career Development Journal of Chemical Crystallography Journal of Chemical Ecology Journal of Child and Family Studies Journal of Clinical Immunology Journal of Clinical Psychology in Medical Settings Journal of Cluster Science Journal of Combinatorial Optimization Journal of Community Health Journal of Comparative Germanic Linguistics, The Journal of Computational Neuroscience Journal of Computer-Aided Materials Design Journal of Computer-Aided Molecular Design Journal of Consumer Policy Journal of Contemporary Psychotherapy Journal of Cross-Cultural Gerontology Journal of Cultural Economics Journal of Developmental and Physical Disabilities Journal of Dynamical and Control Systems Journal of Dynamics and Differential Equations Journal of East Asian Linguistics Journal of Economic Growth Journal of Elasticity Journal of Electroceramics Journal of Electronic Testing Journal of Engineering Mathematics Journal of Ethics, The Journal of Family and Economic Issues Journal of Family Violence Journal of Financial Services Research Journal of Fluorescence Journal of Fusion Energy Journal of Gambling Studies Journal of Genetic Counseling Journal of Heuristics Journal of Immigrant Health Journal of Inclusion Phenomena Journal of Indian Philosophy Journal of Inherited Metabolic Disease Journal of Inorganic and Organometallic Polymers Journal of Insect Behavior Journal of Insect Conservation Journal of Intelligent and Robotic Systems Journal of Intelligent Information Systems Journal of Intelligent Manufacturing Journal of lnterventional Cardiac Electrophysiology Journal of Logic, Language and Information Journal of Low Temperature Physics Journal of Mammalian Evolution Journal of Management and Governance Journal of Materials Science (full set) Journal of Materials Science: Materials in Electronics Journal of Mathematical Chemistry Journal of Mathematical Imaging and Vision Journal of Mathematical Sciences Journal of Mathematics Teacher Education Journal of Medical Humanities Journal of Medical Systems Journal of Muscle Research and Cell Motility Journal of Nanoparticle Research Journal of Neurocytology Journal of Neuro-Oncology Journal of Nondestructive Evaluation Journal of Nonverbal Behavior Journal of Oceanography Journal of Optimization Theory and Applications Journal of Paleolimology Journal of Personnel Evaluation in Education Journal of Pharmacokinetics and Pharmacodynamics Journal of Philosophical Logic Journal of Polymers and the Environment Journal of Porous Materials Journal of Primary Prevention Journal of Productivity Analysis Journal of Psycholinguistic Research 5/25/2005 [Text deleted] Journal of Psychopathology and Behavioral Assessment Journal of Quantitative Criminology Journal of Radioanalytical and Nuclear Chemistry Journal of Rational-Emotive and Cognitive› Behavior Therapy Journal of Real Estate Finance and Economics, The Journal of Regulatory Economics Journal of Risk and Uncertainty Journal of Russian Laser Research Journal of Science Education and Technology Journal of Science Teacher Education Journal of Scientific Computing Journal of Seismology Journal of Sol-Gel Science and Technology Journal of Solution Chemistry Journal of Statistical Physics Journal of Supercomputing, The Journal of Superconductivity Journal of Technology Transfer, The Journal of the History of Biology Journal of Theoretical Probability Journal of Thermal Analysis and Calorimetry Journal of Thrombosis and Thrombolysis Journal of Traumatic Stress Journal of Value Inquiry, The Journal of VLSI Signal Processing, The Journal of World Prehistory Journal of Youth and Adolescence K-Theory Landscape Ecology Law and Critique Law and Human Behavior Law and Philosophy Letters in Mathematical Physics Lifetime Data Analysis Linguistics and Philosophy Machine Leaming Machine Translation Marine Geophysical Researches Marketing Letters Materials Science Maternal and Child Health Journal Mathematical Geology Mathematical Physics, Analysis and Geometry Meccanica Mechanics of Composite Materials Mechanics of Time-Dependent Materials Metabolic Brain Disease Minds and Machines Minerva Mitigation and Adaptation Strategies for Global Change Molecular and Cellular Biochemistry Molecular Biology Reports Molecular Breeding Molecular Diversity Motivation and Emotion Multibody System Dynamics Multidimensional Systems and Signal Processing Research in Higher Education Multimedia Tools and Applications Mycopathologia Natural Hazards Natural Language and Linguistic Theory Natural Language Semantics Natural Resources Research Neohelicon Neophilologus Neural Processing Letters Neurochemical Research Neuropsychology Review Neuroscience and Behavioral Physiology New Forests Nonlinear Dynamics Numerical Algorithms Nutrient Cycling in Agroecosystems Open Economies Review Open Systems and Information Dynamics Optical and Quantum Electronics Order Origins of Life and Evolution of the Biosphere Oxidation of Metals Periodica Mathematica Hungarica Pharmacy World and Science Philosophical Studies Photonic Network Communications Photosynthesis Research Photosynthetica Pituitary Plant and Soil Plant Cell, nssue and Organ Culture Plant Ecology Plant Foods for Human Nutrition Plant Growth Regulation Plant Molecular Biology Plasma Chemistry and Plasma Processing Policy Sciences Political Behavior Population and Environment Population Research and Policy Review Potential Analysis Precision Agriculture Psychiatric Quarterly Public Choice Public Organization Review Qualitative Sociology Quality and Quantity Quality of Life Research Queueing Systems Ramanujan Journal, The Reading and Writing Review of Accounting Studies Review of Austrian Economics, The Review of Derivatives Research Review of Industrial Organization Review of Quantitative Finance and Accounting Reviews in Fish Biology and Fisheries Russian Linguistics Science and Education Scientometrics Set-Valued Analysis Sex Roles Sexual Abuse: A Journal of Research and Treatment Sexuality and Disability Social Indicators Research Social Justice Research Social Psychology of Education Solar Physics Somatic Cell and Molecular Genetics Space Science Reviews Statistical Inference for Stochastic Processes Statistics and Computing Studia Logica Studies in East European Thought Studies in Philosophy and Education Surveys in Geophysics Synthase Systematic Parasitology The Protien Journal Theoretical Medicine and Bioethics Theory and Decision Theory and Society Topics in Catalysis Topoi Transgenic Research Transition Metal Chemistry Transport in Porous Media Transportation Tribology Letters Tropical Animal Health and Production Urban Ecosystems Urban Review, The User Modeling and User-Adapted Interaction Veterinary Research Communications Virus Genes Voluntas: International Journal of Voluntary and Nonprofit Organizations Water Resources Management Water, Air, and Soil Pollution Wetlands Ecology and Management Wireless Personal Communications Real-nme Systems World Journal of Microbiology and Biotechnology ## Incorporating Previous New Journal Titles as Subscribed Titles Brain and Mind 2000 Journal of Happiness Studies 2000 Journal of Structural and Functional Genomics 2000 International Journal of Health Care Finance and Economics 2001 Water, Air, and Soil Pollution: Focus 2001 5/25/2005 [Text deleted] Reviews in Environmental Science and Biotechnology 2002 Silicon Chemistry 2002 Journal of Economic Inequality, The 2002 Bulletin of Earthquake Engineering 2003 International Journal for Mathematics & Science Education 2003 Journal of Academic Ethics 2003 Journal of International Entrepreneurship 2003 Quantitative Marketing and Economics 2003 Review of Economics of the Household 2003 Journal of Grid Computing 2004 Journal of Scheduling 2004 Metascience 2004 Research on Language and Computation 2004 ## Springer Imprint Abdominal Imaging Acta Diabetologica Acta Ethologica Acta Informatica Acta Mathematicae Applicatae Sinica Acta Mechanica Acta Neurochirurgica Acta Neuropathologica aequationes mathematicae Aesthetic Plastic Surgery Algebra Universalis Algorithmica Amino Acids Analytical and Bioanalytical Chemistry former1y Fresenius' Journal of ... Anatomy and Embryology Animal Cognition Annales Henri Poincare Annali di Matematica Pura ed Applicata Annals of Hematology Annals of Surgical Oncology Annals of Vascular Surgery Applicable Algebra in Engineering, Communication and Computing Applied Mathematics and Optimization Applied Microbiology and Biotechnology Applied Physics A & B I combined subscription Applied Physics A: Materials Science & Processing Applied Physics B: Lasers and Optics Aquatic Sciences Archiv der Mathematik (UCD = exchange) Archive for History of Exact Sciences Archive for Mathematical Logic Archive for Rational Mechanics and Analysis Archive of Applied Mechanics Archives of Dermatological Research Archives of Environmental Contamination and Toxicology Archives of Gynecology and Obstetrics Archives of Microbiology Archives of Toxicology Archives of Virology Atlantic Economic Journal Basic Research in Cardiology 5/25/2005 [Text deleted] Behavioral Ecology and Sociobiology Biological Cybernetics Biology and Fertility of Soils Biomechanics and Modeling in Mechanobiology Bioprocess and Biosystems Engineering Bulletin of Engineering Geology and the Environment Bulletin of Environmental Contamination and Toxicology Bulletin of the Brazilian Mathematical Society Bulletin of Volcanology Calcified Tissue International Calculus of Variations and Partial Differential Equations Cancer Chemotherapy and Pharmacology Cancer Immunology, lmmunotherapy Cardiovascular and lnterventional Radiology Cell and Tissue Research Cellular and Molecular Life Sciences (CMLJS) Chemooecology Child's Nervous System Chromatographia Chromosoma Circuits, Systems and Signal Processing Climate Dynamics Clinical Rheumatology Colloid & Polymer Science Combinatorica Commentarii Mathematici Helvetici Communications in Mathematical Physics Comparative Clinical Pathology computational complexity Computational Mechanics Computing Constructive Approximation Continuum Mechanics and Thermodynamics Contributions to Mineralogy and Petrology Coral Reefs Current Genetics Current Microbiology Development Genes and Evolution Diabetologia Discrete & Computational Geometry Diseases of the Colon & Rectum Distributed Computing 26/35 """''""' .... ~'" Dysphagia Ecological Research Economic Theory Economics of Governance Ecosystems Elemente der Mathematik Empirical Economics Engineering with Computers Environmental Geology Environmental Management European Archives of Psychiatry and Clinical Neuroscience European Biophysics Journal European Journal of Applied Physiology European Journal of Clinical Microbiology and Infectious Diseases European Journal of Clinical Pharmacology European Journal of Nuclear Medicine and Molecular Imaging European Journal of Nutrition European Journal of Pediatrics Experimental Brain Research Experiments in Fluids Facies Formal Aspects of Computing Functional & Integrative Genomics (UCSB copy was received w/Current Genetics) Geo-Marine Letters Geometric and Functional Analysis (GAFA) Graefe's Archive for Clinical and Experimental Ophthalmology Graphs and Combinatorics Heart and Vessels Heat and Mass Transfer Helgoland Marine Research Herz Histochemistry and Cell Biology Human Genetics Hydrogeology Journal lchthyological Research lmmunogenetics Infection Inflammation Research lnsectes Sociaux Integral Equations and Operator Theory Intensive Care Medicine lntereconomics International Archives of Occupational and Environmental Health International Journal of Biometeorology International Journal of Earth Sciences International Journal of Game Theory International Journal on Digital Libraries International Journal on Software Tools for Technology Transfer lnventiones mathematicae Irrigation Science Japanese Journal of Opthalmology Journal of Cancer Research and Clinical Oncology 5/25/2005 [Text deleted] Journal of Classification Journal of Comparative Physiology A and B Journal of Cryptology Journal of Digital Imaging Journal of Economics Journal of Ethology Journal of Evolutionary Economics Journal of Forest Research Journal of Fourier Analysis and Applications Journal of Gastroenterology Journal of General Plant Pathology Journal of Geodesy Journal of Geographical Systems Journal of Geometry Journal of Human Genetics Journal of Industrial Microbiology and Biotechnology Journal of Marine Science and Technology Journal of Mathematical Biology Journal of Molecular Evolution Journal of Molecular Medicine Journal of Neural Transmission Journal of Neurology Journal of Nonlinear Science Journal of Ornithology Journal of Plant Growth Regulation Journal of Plant Research Journal of Population Economics Lasers in Medical Science Limnology Lung Machine Vision and Applications Mammalian Genome manuscripta mathematica Marine Biology Marine Biotechnology Mathematical Methods of Operations Research Mathematical Programming Mathematische Annalen Mathematische Zeitschrift MCSS Mathematics of Control, Signals and Systems Medical Microbiology and Immunology Meteorology and Atmospheric Physics Metrika MGG Molecular Genetics and Genomics Microbial Ecology Microchimica Acta Microsystem Technologies Mineralium Deposits Mineralogy and Petrology Monatshefte tor Chemie I Chemical Monthly Monatshefte tor Mathematik Multimedia Systems Mycorrhiza Mycoscience Naturwissenschaften Naunyn-Schmiedeberg's Archives of Pharmacology Neurological Sciences 27/35 Neuroradiology Neurosurgical Review Numerische Mathematik Oecologia Osteoporosis International Papers in Regional Science Parasitology Research Pediatric Cardiology Pediatric Nephrology Pediatric Radiology PflUgers Archiv Physics and Chemistry of Minerals Physics in Perspective Plant Cell Reports Plant Systematics and Evolution Plan ta Polar Biology Polymer Bulletin Population Ecology Primates Probability Theory and Related Fields Protoplasma Psychological Research Psychologische Forschung Psychometrika Psychopharmacology Publications MatMmatiques de l'lnstitut des Hautes Etudes Scientifiques Pure and Applied Geophysics (PAGEOPH) Radiation and Environmental Biophysics Research in Engineering Design Research in Nondestructive Evaluation Review of World Economics Rheologica Acta Rock Mechanics and Rock Engineering Selecta Mathematica, New Series Semigroup Forum Sexual Plant Reproduction Shock Waves Skeletal Radiology Social Choice and Welfare Social Psychiatry and Psychiatric Epidemiology Springer Seminars in lmmunopathology Stochastic Environmental Research and Risk Assessment Strength of Materials Structural and Multidisciplinary Optimization Surgical and Radiologic Anatomy Surgical Endoscopy TAG Theoretical and Applied Genetics The Annals of Regional Science The Astronomy and Astrophysics Review The European Physical Journal A Hadrons and Nuclei The European Physical Journal B Condensed Matter The European Physical Journal C Particles and Fields The European Physical Journal D Atoms, Molecules and Clusters and Optical Physics The European Physical Journal E Soft Matter The International Journal of Advanced Manufacturing Technology The Journal of Membrane Biology The Visual Computer The VLDB Journal Theoretical and Applied Climatology Theoretical and Computational Fluid Dynamics Theoretical Chemistry Accounts Theory of Computing Systems Transformation Groups Transplant International Trees Urological Research Vegetation History and Archaeobotany Virchows Archiv World Journal of Surgery World Journal of Urology Zoo morphology ZS tur angewandte Mathematik u. Physik ## Attachment 3.2: List of the Licensed Materials Non-subscribed ## Kluwer Imprint Administration and Policy in Mental Health Aerobiologia Applications of Mathematics Artificial Intelligence and Law Asia Pacific Journal of Management Atomic Energy Axiomathes Biogerontology Biomedical Engineering BT Technology Journal Bulletin of Earthquake Engineering Bulletin of Experimental Biology and Medicine Cardiac Electrophysiology Review Cardiovascular Engineering Catalysis Surveys from Japan Cell and Tissue Banking Chemical and Petroleum Engineering Chemistry and Technology of Fuels and Oils Chemistry of Natural Compounds Clinical Child and Family Psychology Review Computational Optimization and Applications Conservation Genetics Constraints Criminal Law Forum Critical Criminology Cybernetics and Systems Analysis Czechoslovak Mathematical Journal Design Automation for Embedded Systems Educational Research for Policy and Practice Electronic Commerce Research Empirical Software Engineering Environmental Fluid Mechanics Extremes Fibre Chemistry Fuzzy Optimization and Decision Making Genetic Programming and Evolvable Machines Geneva Papers on Risk and Insurance Theory, The GeoJournal Geotechnical and Geological Engineering Glass and Ceramics Health Care Management Science Heart Failure Reviews HEC Forum Information Systems Frontiers Information Technology and Management Instructional Science International Applied Mechanics International Journal for Educational and Vocational Guidance International Journal for Mathematics and Science Education International Journal of Technology and Design Education International Tax and Public Finance Journal of Academic Ethics 5/25/2005 [Text deleted] Journal of Applied Spectroscopy Journal of Computational Analysis and Applications Journal of Computational Electronics Journal of Educational Change Journal of Engineering Physics and Thermophysics Journal of Global Optimization Journal of Housing and the Built Environment Journal of Industry, Competition and Trade Journal of International Entrepreneurship Journal of Mammary Gland Biology and Neoplasia Journal of Materials Science: Materials in Medicine Journal of Mathematical Modelling and Algorithms Journal of Network and Systems Management Journal of Occupational Rehabilitation Journal of Polymer Research Journal of Religion and Health Journal of Scheduling Journal of Sustainable Product design, The L 1-Educational Studies in Language and Literature Language Policy Learning Environments Research Lithuanian Mathematical Journal Liverpool Law Review Measurement Techniques Medicine, Healthcare and Philosophy Mental Health Services Research Metal Science and Heat Treatment Metallurgist Methodology and Computing in Applied Probability Mobile Networks and Applications Natural Computing NETNOMICS: Economic Research and Electronic Networking Networks and Spatial Economics Neurophysiology Nonlinear Oscillations Optimization and Engineering Pastoral Psychology Pharmaceutical Chemistry Journal Pharmaceutical Research Phenomenology and Cognitive Sciences Physical Oceanography Phytochemistry Reviews Positivity Powder Metallurgy and Metal Ceramics PowerTechnology and Engineering Prevention Science Prospects Quantitative Marketing and Economics 29/35 Quantum Information Processing Radiophysics and Quantum Electronics Reaction Kinetics and Catalysis Letters Refractories and Industrial Ceramics Reliable Computing Res Publica Research in Science Education Review of Economics of the Household Reviews in Endocrine and Metabolic Disorders Russian Physics Journal Small Business Economics Sociological Forum Software Quality Journal Soil Mechanics and Foundation Engineering Structural Chemistry Studia Geophysica et Geodaetica Subsurface Sensing Technologies and Applications Systemic Practice and Action Research Telecommunication Systems Tertiary Education and Management Theoretical and Experimental Chemistry Ukrainian Mathematical Journal Wireless Networks World Wide Web ## Springer Imprint 40R Accreditation and Quality Assurance Acta Mathematica Sinica Acta Mechanica Sinica Acta Mechanica Solida Sinica Al & SOCIETY Allgemeines Statistisches Archiv Annals of Combinatorics Annals of Finance Archives of Orthopaedic and Trauma Surgery Archives of Women's Mental Health Arthroskopie Artificial Life and Robotics Asia Europe Journal Bundesgesundheitsblatt - Gesundheitsforschung - Gesundheitsschutz CALCOLO Chinese- German Journal of Clinical Oncology Clean Technologies and Environmental Policy Clinical and Experimental Medicine Clinical and Experimental Nephrology Clinical Autonomic Research Clinical Oral Investigations CME Cognition, Technology & Work Cognitive Processing coloproctology Computational Management Science Computing and Visualization in Science Decisions in Economics and Finance Der Anaesthesist Der Chirurg Der GynAkologe Der Hautarzt Der Internist Der Nervenarzt Der Onkologe Der Ophthalmologe Der OrthopMe Der Pathologe Der Pneumologe Der Radiologe Der Schmerz Der Unfallchirurg Der Urologe A 5/25/2005 [Text deleted] Die Weltwirtschaft - online access pending EcoHealth Economic Bulletin Electrical Engineering Emergency Radiology Environmental Chemistry Letters Erwerbs-Obstbau Esophagus Ethik in der Medizin European Archives of Oto-Rhino-Laryngology European Child & Adolescent Psychiatry European Clinics in Obstetrics and Gynaecology European Food Research and Technology A /Zeitschrift fur Lebensmittel-Untersuchung und - Forschung A European Journal of Ageing European Journal of Orthopaedic Surgery & Traumatology European Journal of Plastic Surgery European Journal of Trauma European Journal of Wildlife Research European Journal or Forest Research European Radiology European Spine Journal European Surgery Extremophiles Few-Body Systems Finance and Stochastics Forschung im lngenieurwesen Forum der Psychoanalyse Foundations of Computational Mathematics FuB & Sprunggelenk G.O. Geowissenschaften Online Gastric Cancer GefAsschirurgie Gesunde Planzen GPS Solutions Granular Matter Grundwasser Gynakologische Endokrinologie Gynecological Surgery Hernia Herzschrittmachertherapie & Elektrophysiologie 1 HNO Holz als Roh- und Werkstoff 30/35 lnformatik - Forschung und Entwicklung lnformatik-Spektrum Information Systems and a-Business Management Innovations in Systems and Software Engineering lntensivmedizin und Notfallmedizin 1 International Economics and Economic Policy International Journal of Angiology International Journal of Asian Management International Journal of Clinical Oncology International Journal of Colorectal Disease International Journal of Information Security (IJIS) International Journal of Legal Medicine International Journal on Document Analysis and Recognition (IJDAR) International Orthopaedics International Urogynecology Journal and Pelvic Floor Dysfunction Invertebrate Neuroscience JARO - Journal of the Association for Research in Otolaryngology JBIC Journal of Biological Inorganic Chemistry Journal tor Betriebswirtschaft Journal of Anesthesia Journal of Artificial Organs Journal of Bone and Mineral Metabolism Journal of Cutaneous Medicine and Surgery Journal of Evolution Equations Journal of Hepato-Biliary-Pancreatic Surgery Journal of Infection and Chemotherapy Journal of Material Cycles and Waste Management Journal of Mathematical Fluid Mechanics Journal of Medical Ultrasonics Journal of Molecular Modeling Journal of Optical and Fiber Communications Reports Journal of Orofacial Orthopedics Journal of Orthopaedic Science Journal of Orthopaedics and Traumatology Journal of Pest Science Journal of Public Health Journal of Solid State Electrochemistry Journal of Wood Science Klinische Neuroradiologie Knee Surgery, Sports Traumatology, Arthroscopy Knowledge and Information Systems Landslides Langenbecks Archives of Surgery Magnetic Resonance Materials in Physics, Biology & Medicine (MAGMA) Manuelle Medizin Mathematische Semesterberichte Medecine et Chirurgie du Pied Medical Electron Microscopy Mediterranean Journal of Mathematics Medizinische Klinik MedR - Medizinrecht 5/25/2005 Microfluidics and Nanofluidics Milan Journal of Mathematics and Physics Mine Water and the Environment Modem Rheumatology Molecular Imaging and Biology Monatsschrift Kinderheilkunde Mund-, Kiefer- und Gesichtschirurgie Natur und Recht Neural Computing & Applications Neurogenetics Nonlinear Differential Equations and Applications Notfall & Rettungsmedizin Ocean Dynamics Odontology Oncologie Operative Orthopadie und Traumatologie OR Spectrum Oral Radiology Paddy and Water Environment Pattern Analysis and Applications (PAA) Pediatric and Developmental Pathology Pediatric Surgery International Personal and Ubiquitous Computing Phytotherapie Poiesis & Praxis Portuguese Economic Journal Psychotherapeut Public International Law Rechtsmedizin Regional Environmental Change Requirements Engineering Review of Economic Design Reviews of physiology,biochemistry and pharmacology I No cost at this time per L. Perryman Revue Francophone de Psycho-Oncologie Rheumatology International Sleep and Breathing Soft Computing Software and Systems Modeling (SoSyM) Sozial - und Praventivmedizin:SPM Spanish Economic Review Sport Sciences for Health Standort Statistical Methods and Applications Strahlentherapie und Onkologie Supportive Care in Cancer Surgery Today Techniques in Coloproctology The European Journal of Health Economics (HEPAC) The Journal of Headache and Pain Transition Studies Review Trauma und Berufskrankheit Tree Genetics & Genomics Universal Access in the Information Society Virtual Reality Visual Geosciences (formerly Electronic Geosciences) Wirtschaftsdienst 31 /35 [Text deleted] California Digital Library Wood Science and Technology Zeitschrift fur Epileptologie Zeitschrift tor Gerontologie und Geriatrie Zeitschrift tor Herz-, Thorax- und GefaBchirurgie Zeitschrift tor Kardiologie Zeitschrift tor Rheumatologie 5/25/2005 32/35 ## Attachment 3.3: List of Titles Not Included in This Agreement ## Maik Nauka Imprint Applied Biochemistry and Microbiology Automation and Remote Control Biology Bulletin Biochemistry Colloid Journal Cosmic Research Differential Equations Doklady Biochemistry & Biophysics Doklady Biological Sciences Doklady Chemistry Doklady Physical Chemistry Glass Physics and Chemistry High Energy Chemistry Human Physiology Instruments and Experimental Techniques Inorganic Materials Journal of Analytical Chemistry Journal of Evolutionary Biochemistry and Physiology Kinetics and Catalysis Lithology and Mineral Resources Molecular Biology Print-only Titles ## Kluwer Imprint Print Only Analysis in Theory and Applications Annals of the Institute of Statistical Mathematics Applied Mathematics and Mechanics Japanese Heart Journal ## Springer Imprint Print Only 2PN attualita scientifica in biologia della riproduzione Acta Endoscopica Aggiomamenti CIO Allergo Journal AMA Acta Medica Austriaca Apo-Online Applied Magnetic Resonance Architektur aktuell Archivio di Ortopedia e Reumatologia Bank-Archiv Baurechtliche BIAtter: bbl BHM Berg- und Huttenmannische Monatshefte Botanica Helvetica Brain Tumor Pathology CardioVasc Central European Journal of Operations Research CHANCE China Oil & Gas Chinese Journal of Polymer Science Chinesische Medizin Computational Statistics 5/25/2005 Microbiology Programming and Computer Software Problems of Information Transmission Protection of Metals Radiochemistry Russian Journal of Applied Chemistry Russian Journal of Bioorganic Chemistry Russian Journal of Coordination Chemistry Russian Journal of Developmental Biology Russian Journal of Electrochemistry Russian Journal of General Chemistry Russian Journal of Genetics Russian Journal of Organic Chemistry Russian Journal of Marine Biology Russian Microelectronics Russian Journal of Nondestructive Testing Russian Journal of Plant Physiology Russian Journal of Ecology Solar System Research Theoretical Foundations of Chemical Engineering Water Resources Dent-Online Der Deutsche Dermatologe Der Hausarzt Der Neurologe und Psychiater e & i Elektrotechnik und lnformationstechnik Ecologae Geologicae Helvetiae Environmental Economics and Policy Studies gynakologie + geburtshilfe hautnah dermatologie Heilberufe HNO Nachrichten Im Focus Onkologie lnFo Neurologie & Psychiatrie lnFo Onkologie Jahrbuch tor Regionalwissenschaft Journal of Biochemistry and Molecular Biology Journal of Microbiology and Biotechnology JRP Journal tor Rechtspolitik Juristische Blatter Kardiologie Assistenz Kidney Lettera Matematica Pristem Medici Oggi 33/35 [Text deleted] California Digital Library Medicinal Chemistry Research Med-Online Mind & Society MMW - Fortschritte der Medizin Molecules and Cells Neu ro Transmitter New Generation Computing NTM International Journal of History & Ethics of Natural Sciences, Technology & Medicine Optical Review Orthopadie & Rheuma Osterreichische Wasser- und Abfallwirtschaft padiatrie hautnah Padiatrie und Pc\dologie Pain Digest ProCare Progress in Osteoporosis Pro Med Psychopraxis Psychotherapie Forum Results in Mathematics Schmerz & Akupunktur Seminar Hausarztpraxis Spektrum der Augenheilkunde Statistical Papers Stomatologie The Mathematical Intelligencer URO-NEWS uwf - UmweltWirtschaftsForum Vietnam Journal of Mathematics Wiener Klinische Wochenschrift Wiener Klinische Wochenschrift Magazin WMW Wiener Medizinische Wochenschrift wohnrechtliche blatter: wobl Zeitschrift fUr Hochschulrecht, Hochschulmanagement und Hochschulpolitik Zeitschrift fUr offentliches Recht Zeitschrift fur Planung & Unternehmenssteuerung 5/25/2005 34/35 .. ## Attachment 4: List of the Newly Added Materials ## 2005 Acta Mechanica Sinica Acta Mechanica Solida Sinica AGE Annals of Biomedical Engineering Annals of Finance Annals of Surgical Oncology Atlantic Economic Journal Ecological Research Environmental Science and Pollution Research European Clinics in Obstetrics and Gynaecology European Journal of Ageing Innovations in Systems and Software Engineering International Advances in Economic Research Journal of Computer Science and Technology Journal of Experimental Criminology Journal of Soils and Sediments Journal of the American Aging Association Metabolomics Microfluidics and Nanofluidics Mind & Society Molecular Imaging and Biology Oral Radiology Psychometrika Purinergic Signalling Sleep and Breathing The International Journal of Life Cycle Assessment Transition Studies Review Tree Genetics & Genomics J

The materials that are the subject of this Agreement shall consist of electronic information published by Springer (hereinafter referred to as the "Licensed Materials") as set forth in Attachment 3.1 . Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement. Licensor hereby grants to Licensee non-exclusive, worldwide, non-transferable, perpetual license to use of the Licensed Materials and to provide the Licensed Materials to Authorized Users in accordance with this Agreement.

This Agreement shall continue in effect for three (3) years commencing on the Effective Date.

35acc027-95c2-472b-833b-3be0f98c09ea

STDeGruyter_amdt3_JGoebbels_UCLA_Redacted

II ## SECOND AMENDMENT TO GENERAL LICENSE AGREEMENT This Amendment ("Amendment") dated May 2ls, 2013 to the License Agreement Walter de 1 Gruyter, Inc. dated June 1, 2011 ("Agreement") and last amended June 8, 2012 is by and between Walter de Gruyter, Inc., hereinafter referred to as "DeG" and The Regents of the University of California on behalf of The University of California Los Angeles, hereinafter referred to as "Licensee." WHEREAS, the parties hereto previously entered into that certain Agreement, dated September 28, 2011 and the parties hereto desire to amend certain terms of the Agreement; NOW, THEREFORE, in consideration of the agreements and obligations set forth in the Agreement and this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: - 1. Elements of the Agreement. The Agreement, as amended hereby, shall consist of the following: - a. The Agreement originally memorialized in original agreement Walter \_de\_ Gruyter \_ TLL\_2011.pdf - b. Amendment dated June 9, 2012 - c. This Amendment; and - d. Amendment Schedule 1: The Diaries ofJoseph Goebbels Online for University of California. Los Angeles - 2. Modifications to the Agreement. The Agreement is hereby modified referencing Walter\_de\_Gruyter\_TLL\_2011.pdf Effective Date: December 17 1 h, 2012. - 3. Legal Effect. Except as set for the herein, all of the t erms and conditions of the Agreement shall remain in full force and effect. In the event of conflicting or additive terms between the terms of the Agreement and this Amendment, the terms of this Amendment shall apply in lieu of those in the Agreement. Any capitalized term used in this Amendment shall have the meaning given thereto in the Agreement. IN WITNESS WHEREOF, the parties hereto have entered in to this Amendment as of the date above written. li1 California Digital Library ## Schedule 1: The Diaries of Joseph Goebbels Online for University of California, Los Angeles ## Purchase Terms Product The Diaries of Joseoh Goebbels -Online Billing address UCLA Scholarly Communications and Licensing 11334 Young Research Library Los Angeles, CA 90095-1575 5/21/2013 One Time Purchase Fee Subscription date Property rights to the product The licensee acquires property rights to the product with the a ment of the urchase rice. Authorized sites of the licensee University of callfornia at Los Angeles Libraries Authorized Users at the Authorized Sites Students, employees and servants of the University: All currently enrolled full or part-time students of the Oient (incl. visiting students); currently employed faculty (whether on a permanent, temporary, contract or visiting basis); teaching staff, administrators and staff (permanent or temporary) as well as contractors of the Customer. Library Users: any person who is not a member of the authorized users mentioned above and who holds a current, valid library card from the Customer as well as walk-in-users. II DE GRUVTER Other

Product The Diaries of Joseoh Goebbels -Online Billing address UCLA Scholarly Communications and Licensing 11334 Young Research Library Los Angeles, CA 90095-1575 5/21/2013 One Time Purchase Fee Subscription date Property rights to the product The licensee acquires property rights to the product with the a ment of the urchase rice. Authorized sites of the licensee University of callfornia at Los Angeles Libraries Authorized Users at the Authorized Sites Students, employees and servants of the University: All currently enrolled full or part-time students of the Oient (incl. visiting students); currently employed faculty (whether on a permanent, temporary, contract or visiting basis); teaching staff, administrators and staff (permanent or temporary) as well as contractors of the Customer. Library Users: any person who is not a member of the authorized users mentioned above and who holds a current, valid library card from the Customer as well as walk-in-users. II DE GRUVTER Other

8b9cdcfd-e416-4bc0-9355-1b22801b3329

STIOPP_Archives_var_agrmt_05-21-2008_Redacted

## THIS AGREEMENT is made the 21st day of May 2008 ## BETWEEN - ( ! ) IOP PUBLISHING LIMITED a company incorporated in England (registered number 4·67514) and having its registered office at Dirac House, T emple Back, UK - Bristol BSl G BE, United Kingdom ("IOPP"); and - (2) Regents of the University of California, a non-profit academic institution, with its principal offices at The California Digital Library, 4 15 2Qlh Street, 4ch Floor, Oakland, California 94612 USA ("the Consortium"). ## RECITALS - (A) In an agreement dated 18th day of November 2002 ("the Agreement") the Consortium, for and on behalf of the Licensees, acquired electronic access to IOPP's Historic Archive ( 1874 199 1) and IOPP's Recent Archive ( 1992 2001 ). - (B) The Consortium now wishes, for and on behalf of the Licensees, to acquire electronic access to IOPP's Archive (as set out in Schedule I) and the parties agree to do so on the terms of this Variation Agreement. ## I . THE TERMS - 1.1. The parties agree to vary the definition of Historic Archive as set out in Schedule 2 of this Variation Agreement. - 1. 2. In consideration of the expansion of the Archive to include the journals Europhysics Letters and Physica Scripta, the Consortium shall pay IOPP- - 1. 3. All terms used in this Variation Agreement shall have the same meaning as in the Agreement. - 1.1'. The Agreement shall remain in effect other than as expressly varied by this Variation Agreement. - 1.5. This Variation Agreement shall be deemed to have commenced on 21 May 2008. ## SCHEDULE I ## THE LICENSEES | Member Name | |-----------------------------------------| | UCLA | | California-San Dieqo, University of | | California-Riverside, University of | | California-Irvine, Universitv of | | California-Santa Barbara, University of | | California-San Francisco, Universitv of | | California Diaital Librarv | | California-Berkelev, Universitv of | | California-Santa Cruz, University of | | California-Davis, University of | | California-Merced, Universitv of | | Lawrence Berkeley National Laboratory | ## SCHEDULE 2 ADDITIONS AS OF 5/ 21 / os ## PRODUCT SCHEDULE 2008 ## ARCHIVE PRODUCT, PERIOD AND PRICE | PRODUCT TYPE | PHYSICA SCRIPTA HISTORIC ARCHIVE 1970-1997 | |----------------------------------------------------------|---------------------------------------------------| | Full-text PDF with references in XML (local load only) | Once only fee of - | | PRODUCT TYPE | EUROPHYSICS LETTERS HISTORIC ARCHIVE 1986- 1997 | | Full-text PDF with references in XML (local load only) | Once only foe of- | As witness the hands of the parties the day and year first above written.

- 1.1. The parties agree to vary the definition of Historic Archive as set out in Schedule 2 of this Variation Agreement. - 1. 2. In consideration of the expansion of the Archive to include the journals Europhysics Letters and Physica Scripta, the Consortium shall pay IOPP- - 1. 3. All terms used in this Variation Agreement shall have the same meaning as in the Agreement. - 1.1'. The Agreement shall remain in effect other than as expressly varied by this Variation Agreement. - 1.5. This Variation Agreement shall be deemed to have commenced on 21 May 2008.

5470ba68-40ce-4d37-a4d5-1970953927b1

STASMInternationalLicenseAgreement_Redacted

## LICENSE AGREEMENT This License Agreement is made this 20th day of October, 2003 by and between ASM International, 9639 Kinsman Road, Materials Park, Ohio 44073 (the "Publisher") and The Regents of the University of California, a non-profit academic institution, with its principal offices at the California Digital Library, University of California Office of the President, 415 20th Street, 4th Floor, Oakland, CA 94612 USA (the "Licensee"); WHEREAS, Publisher holds right, title, and interest in and to certain publications; WHEREAS Licensee desires to obtain access in electronic format to those publications; and WHEREAS Publisher consents to grant to Licensee a license to obtain such access for the Fee, subject to the terms and conditions of this license; NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, Publisher and Licensee agree as follows: ## I. KEY DEFINITIONS 1.1 In this License, the following terms shall have the following meanings: Authorized Users Current members of the faculty, staff, and individuals who are currently studying at a Member's institution who are permitted to access the Secure Network from within the Library Premises or from such other places where Authorized Users work or study and who have been issued a password or other authentication, and members of the public who are physically present at Licensee site. Commercial Use Course Packs Use for the purposes of monetary reward, whether by or for the Licensee or an Authorized User, 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 costs by the Licensee from Authorized Users, nor use by the Licensee or by an Authorized User of the Licensed Materials in the course of research funded by a commercial organization, is deemed to be Commercial Use. A collection or compilation of materials (e.g. book chapters, journal articles) assembled by members of staff or Course Packs A collection or compilation of materials (e.g. book chapters, journal articles) assembled by members of staff or faculty of Licensee for use by students in a class for the purposes of instruction. Electronic Reserve Electronic copies of materials (e.g. book chapters, journal articles) made and stored on the Secure Network by the Licensee for use by students in connection with specific courses of instruction offered by Licensee to its students. Fee The Fee set out in Schedule 2 or in appended Business Terms to this License which may be agreed by the parties from time to time. Licensed Materials The electronic material as set out in Schedule 2 or in new Schedules to this License that may be agreed by the parties from time to time. Secure Network Server A network, whether a standalone network or a virtual network within the Internet, which is only accessible to Authorized Users approved by 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. 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 Period The period of time listed in Schedule 2, during which authorized users can access the content, regardless of the actual date of publication. ## 2. AGREEMENT - 2.1 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 for the purposes of research, teaching, and private study, subject to the terms and conditions of this License, and the Licensee agrees to pay the Fee to the Publisher. - 2.2 This License shall commence on January 1, 2003 and shall remain in effect until December 31, 2003, with annual renewal if the parties agree in writing to mutually agreeable terms .. - 2.3 On termination of this License, the Publisher shall provide continuing access for Authorized Users to that part of the Licensed Materials which was published and paid for within the Subscription Period, either from the Server or in another mutually agreeable electronic medium. Such uses shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. - 2.4 Upon request, Licensor will provide one copy of the entire set of Licensed Materials to be maintained as a backup or archival copy during the term of this Agreement, or as required to exercise Licensee's rights under section 2.3 of this Agreement. ## 3. USAGE RIGHTS - 3.1 The Licensee, subject to clause 6 below, may: - 3.1.1 load the Licensed Materials on the Licensee's server on the Secure Network; - 3.1.2 make such back-up copies of the Licensed Materials as are reasonably necessary; - 3.1.3 make such temporary local electronic copies by means of caching or mirrored storage of all or part of the Licensed Materials as are necessary solely to ensure efficient use by Licensee and by Authorized Users; - 3.1.4 allow Authorized Users to have access to the Licensed Materials from the Server via the Secure Network; - 3.1.5 use the Licensed Materials as part of an Open URL compliant integrated information service for Authorized Users that will include links between the Licensed Materials and Licensee's own indexes, third party abstracting and indexing services, and other information resources utilized by the Licensee; - 3.1.6 provide single printed or electronic copies of single articles at the request of individual Authorized Users; - 3.1.7 display, download, or print the Licensed Materials for the purpose of internal marketing or testing or for training Authorized Users or groups of Authorized Users. - 3.2 Authorized Users may, in accordance with the copyright law of the United States of America and subject to clause 6 below,: - 3.2.1 search, view, retrieve, and display the Licensed Materials; - 3.2.2 electronically save individual articles or items of the Licensed Materials for personal use; - 3.2.3 print off a copy of parts of the Licensed Materials; - 3.2.4 distribute a copy of individual articles or items of the Licensed Materials in print or electronic form to other Authorized Users. - 3.3 Nothing in this License shall in any way exclude, modify, or affect any of the Licensee's statutory rights under the copyright laws of the United States of America. ## 4. SUPPLY OF COPIES TO OTHER LIBRARIES - 4.1 Members may, subject to clause 6 below, supply to an Authorized User of another library, for the purposes of research or private study and not for Commercial Use, a paper copy of an electronic original of an individual document being part of the Licensed Materials. ## S. COURSE PACKS AND ELECTRONIC RESERVE Members may, subject to clause 6 below, incorporate parts of the Licensed Materials in printed Course Packs and Electronic Reserve collections for the use of Authorized Users in the course of instruction at a Licensee 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. Copies of such items shall be deleted by the Authorize User when they are no longer used for such purpose. ## 6. PROHIBITED USES - 6.1 Neither the Licensee nor Authorized Users may: - 6.1.1 remove or alter the authors' names or the Publisher's copyright notices or other means of identification or disclaimers as they appear in the Licensed Materials; - 6.1.2 systematically make print or electronic copies of multiple extracts of the Licensed Materials for any purpose; 4 - 6.1.3 mount or distribute any part of the Licensed Material on any electronic network, including without limitation the Internet and the World Wide Web, other than the Secure Network. - 6.2 The Publisher's explicit written permission must be obtained in order to: - 6.2.1 use all or any part of the Licensed Materials for any Commercial Use; - 6.2.2 systematically distribute the whole or any part of the Licensed Materials to anyone other than Authorized Users; - 6.2.3 publish, distribute, or make available the Licensed Materials, works based on the Licensed Materials, or works which combine them with any other material, other than as permitted in this License; - 6.2.4 alter, abridge, adapt or modify the Licensed Materials, except to the extent necessary to make them perceptible on a computer screen to Authorized Users. For the avoidance of doubt, no alteration of the words or their order is permitted. ## 7. PUBLISHER'S UNDERTAKINGS - 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 person. The Publisher shall indemnify and hold the Licensee harmless from and against any loss, damage, costs, liability, and expenses (including reasonable legal and professional fees) 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 in the media, format, and time schedule specified in Schedule 1. The Publisher will notify the Licensee at least sixty (60) days in advance of any anticipated specification change applicable to the Licensed Materials. If the changes render the Licensed Materials less useful in a material respect to the Licensee, the Licensee may within thirty (30) days of such notice treat such changes as a breach of this License under clause 10.1.2 and 10.4; - 7.2.2 use reasonable endeavours to make available the electronic copy of each journal issue in the Licensed Materials within thirty (30) days of publication of the printed version. In the event that for technical reasons this is not possible for any particular journal, as a matter of course, such journal shall be identified at the time of licensing, together with such reasons; - 7.2.3 provide the Licensee, within thirty (30) days of the date of this License, with information sufficient to enable the Licensee to access the Licensed Material; - 7.2.4 use reasonable endeavours to make the Licensed Materials available to the Licensee and to Authorized Users at all times and on a twenty-four hour basis, save for routine maintenance. - 7 .3 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. The Publisher shall give written notice to the Licensee of such withdrawal. If the withdrawal results in the Licensed Materials being no longer useful to the Licensee, the Licensee may within thirty (30) days of such notice treat such changes as a breach of this License under clause 10.1.2 and 10.4. - 7.4 The Publisher undertakes to provide or to make arrangements for a third party to provide an archive of the Licensed Materials for the purposes of long term preservation of the Licensed Materials, and to permit Authorized Users to access such archive after termination of this License. - 7.5 Collection and analysis of data on the usage of the Licensed Materials will assist both the Publisher and the Licensee to understand the impact of this License. The Publisher shall provide to the Licensee, or facilitate the collection and provision to the Licensee, of usage data by journal title and by campus, on a monthly basis for the Publisher's and the Licensee's private internal use only. Such usage data shall be compiled in a manner consistent with applicable privacy and data protection laws and as may be agreed between the parties from time to time, and the anonymity of individual users and the confidentiality of their searches shall be fully protected. In the case that the Publisher assigns its rights to another party under clause 11.3, the Licensee may at its discretion require the assignee either to keep such usage information confidential or to destroy it. - 7.6 Except as expressly provided in this License, the Publisher makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the Licensed Materials, merchantability, or fitness of use for a particular purpose. The Licensed Materials are supplied 'as is.' - 7. 7 Except as provided in clause 7 .1, under no circumstances shall the Publisher be liable to the Licensee or any other person, including but not limited to Authorized Users, for any special, exemplary, incidental, or consequential damages of any character arising out of the inability to use, or the use of, the Licensed Materials. Regardless of the cause or form of action, the Licensee may bring no action arising from this License more than twelve (12) months after the cause of action anses. ## 8. LICENSEE'S UNDERTAKINGS ## 8.1 The Licensee shall: - 8.1. l use reasonable endeavours to ensure that all Authorized Users are appropriately notified of the importance ofrespecting the intellectual property rights in the Licensed Materials and of the sanctions which each campus imposes for failing to do so; - 8.1.2 use reasonable endeavours to notify Authorized Users of the terms and conditions of this License and take steps to protect the Licensed Materials from unauthorized use or other breach of this License; - 8.1.3 use reasonable endeavours to monitor compliance and immediately upon becoming aware of any unauthorized use or other breach, inform the Publisher and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence; - 8.1.4 provide the Publisher, within thirty (30) days of the date of this Agreement, with information sufficient to enable the Publisher to provide access to the Licensed Material in accordance with its obligation under clause 7.2.3. Should the Licensee make any significant change to such information, it will notify the Publisher not less than thirty (30) days before the change takes effect. - 8.1.5 keep full and up-to-date records of all Authorized Users and their access details and provide the Publisher with details of such additions, deletions, or other alterations to such records as are necessary to enable the Publisher to provide Authorized Users with access to the Licensed Materials as contemplated by this License; - 8.1.6 use reasonable endeavours to ensure that only Authorized Users are permitted access to the Licensed Materials. - 8.2 The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION. Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party may reasonably request and have the right to participate in the defense at its own expense. - 8.3 The Licensee shall, in consideration for the rights granted under this License, pay the Fee within thirty (30) days of signature and, if applicable, within thirty (30) days of receipt of invoice relating to each subsequent Subscription Period . For the avoidance of doubt, the Fee shall be exclusive of any sales, use, value added, or similar taxes and the Licensee shall be liable for any such taxes in addition to the Fee. ## 9. UNDERTAKINGS BY BOTH PARTIES - 9.1 Each party shall use its best endeavours to safeguard the intellectual property, confidential information and proprietary rights of the other party to the fullest extent of state law. ## 10. TERM AND TERMINATION - 10.1 In addition to automatic termination, unless renewed, under clause 2.2, this License shall be terminated: - 10.1.1 ifthe Licensee defaults in making payment of the Fee as provided in this License and fails to remedy such default within sixty (60) days of notification in writing by the Publisher; - 10.1.2 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; - 10.1.3 if the Licensee commits a wilful material and persistent breach of the Publisher's copyright or other intellectual property rights or of the provisions of clause 3 in respect of usage rights or of clause 6 in respect of prohibited uses,and that such breach has not been remedied to the satisfaction of Licensor within sixty (60) days; - 10.1.4 if either party becomes insolvent or becomes subject to receivership, liquidation, or similar external administration. - 10.2 On termination all rights and obligations of the parties automatically terminate except for obligations in respect of Licensed Materials to which access continues to be permitted as provided in clause 2.3. - 10.3 On termination of this License for cause, as specified in clauses 10.1. l and 10.1.3, the Licensee shall immediately cease to distribute or make available the Licensed Materials to Authorized Users and shall return to the Publisher or destroy all Licensed Materials locally mounted pursuant to clause 3 .1.1 and 3 .1.2 except as provided in clause 2.3. - 10.4 On termination of this License by the Licensee for cause, as specified in clause 10.1.2 above, the Publisher shall forthwith refund the proportion of the Fee that represents the paid but un-expired part of the Subscription Period. ## 11. GENERAL - 11.1 This License and any mutually agreed upon amendments or addenda to this license constitute the entire agreement of the parties and supersede all prior communications, understandings, and agreements relating to the subject matter of this License, whether oral or written. - 11.2 Alterations to this License and to the Schedules to this License are only valid if they are recorded in writing and signed by both parties. - 11.3 This License may not be assigned by either party to any other person or organization, nor may either party sub-contract any of its obligations without the prior written consent of the other party, which consent shall not unreasonably be withheld. - 11.4 If rights in all or any part of the Licensed Materials are assigned to another publisher, the Publisher shall use its best endeavours to ensure that the terms and conditions of this License are maintained. - 11.5 Any notices to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post to the address of the addressee as set out in this License or to such other address as notified by either party to the other as its address for service of notices. All such notices shall be deemed to have been received within 14 days of posting. - 11.6 Neither party's delay or failure to perform any provision of this License, as result of circumstances beyond its control (including, without limitation, war, strikes, floods, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall be deemed to be, or to give rise to, a breach of this License. - 11. 7 The invalidity or un-enforceabi lity of any provision of this License shall not affect the continuation or enforceability of the remainder of this License. - 11.8 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. - 11.9 This License shall be governed by and construed in accordance with the laws of the State of California, U.S.A. The parties irrevocably agree that any dispute arising out of or in connection with this License will be subject to and within the jurisdiction of the courts of the State of Ohio, U.S.A. AS WITNESS the hands of the parties the day and year below first written ## FOR THE PUBLISHER: FOR THE LICENSEE: [Signature] Technical Director ASM International Date: 10/zp/o? T I ## SCHEDULE 1 ## UNIVERSITY OF CALIFORNIA CAMPUSES A schedule dated September 12, 2003 to the License dated September 2003 between ASM International and The Regents of the University of California. University of California, Berkeley University of California, Davis University of California, Irvine University of California, Los Angeles University of California, Merced University of California, Riverside University of California, San Diego University of California, San Francisco University of California, Santa Barbara University of California, Santa Cruz University of California Office of the President AS WITNESS the hands of the parties the day and year below first written ## FOR THE PUBLISHER: ## FOR THE LICENSEE: [Signature] Technical Director ASM International Date: JO/U> /z-;3 T I c4.-t.J.o;t"', • \_.\_ , th~ t-..i:.~ Date: 11 J~lt>];, ## SCHEDULE2 ## LICENSED MATERIALS, [SUBSCRIPTION PERIOD] AND ACCESS METHOD A schedule dated September 12, 2003 to the License dated September 2003 between ASM International and The Regents of the University of California. ## THE LICENSED MATERIALS Journal of Materials Engineering & Performance Journal of Phase Equilibria Journal of Thermal Spray Technology Metallurgical and Materials Transactions A Metallurgical and Materials Transactions B List of Licensed Material, for each item list title, [initial Subscription Period, including, where relevant, the start date and end date,} format, delivery schedule (if applicable) and Fee [for the initial Subscription Period}. If back files are provided free of charge as part of the License, these should be listed specifically. ## ACCESS METHOD - 0 Authentication via User ID/password and IP Address - x Authentication via IP address AS WITNESS the hands of the parties the day and year below first written ## FOR THE PUBLISHER: FOR THE LICENSEE: [Signature] Technical Director ASM International Date: ## SCHEDULE3 ## LIBRARY PREMISES OF EACH OF THE MEMBERS A schedule dated September 12, 2003 to the License dated September 2003 between ASM International and The Regents of the University of California. ## Internet Protocol Addresses A schedule dated September 12, 2003 to the License dated September 2003 between ASM International and The Regents of the University of California. The California Digital Library (CDL) creates and maintains persistent identifiers to link entries in catalogs to licensed resources. This is done so that when a URL for a resource changes, we need only to update our persistent identifier (PID) and need not make changes in catalog records. As part of the maintenance process, the CDL will periodically validate all PIDs to assure that they still resolve to the correct URLs. This will be done not more than once per week, and will appear to your server as a normal HTTP access. However, because the process is automated, it is considered a 'robot' or 'spider', as opposed to human-initiated retrieval. If your site maintains a robots.txt entry indicating that it does not permit programmatic access to the site, the CDL assumes permission to run its validation tool for the PIDs that the CDL has assigned to the licensed content. No reconfiguration of your robots.txt file is needed; our tool can be configured to bypass the robots.txt file. Please contact the CD L's Technical Coordinator if you have any questions or concerns about this process: ASM International Online Journals Academic Consortium License AS WITNESS the hands of the parties the day and year below first written

- 10.1 In addition to automatic termination, unless renewed, under clause 2.2, this License shall be terminated: - 10.1.1 ifthe Licensee defaults in making payment of the Fee as provided in this License and fails to remedy such default within sixty (60) days of notification in writing by the Publisher; - 10.1.2 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; - 10.1.3 if the Licensee commits a wilful material and persistent breach of the Publisher's copyright or other intellectual property rights or of the provisions of clause 3 in respect of usage rights or of clause 6 in respect of prohibited uses,and that such breach has not been remedied to the satisfaction of Licensor within sixty (60) days; - 10.1.4 if either party becomes insolvent or becomes subject to receivership, liquidation, or similar external administration. - 10.2 On termination all rights and obligations of the parties automatically terminate except for obligations in respect of Licensed Materials to which access continues to be permitted as provided in clause 2.3. - 10.3 On termination of this License for cause, as specified in clauses 10.1. l and 10.1.3, the Licensee shall immediately cease to distribute or make available the Licensed Materials to Authorized Users and shall return to the Publisher or destroy all Licensed Materials locally mounted pursuant to clause 3 .1.1 and 3 .1.2 except as provided in clause 2.3. - 10.4 On termination of this License by the Licensee for cause, as specified in clause 10.1.2 above, the Publisher shall forthwith refund the proportion of the Fee that represents the paid but un-expired part of the Subscription Period.

47f23c50-e5b5-49b9-8ea3-08e8a6df5e44

ElsevierSD2014_amdt98_UCLA_Redacted

## NINETY EIGHTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 9 April 2014, as last amended on 12 June 2017(the "Agreement") and wish to amend the Agreement as set forth in this amendment ("Amendment"). NOW, THEREFORE, in consideration of the mutual promises and cov enan ts set forth below, and for such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth on Schedule 1. Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any t erms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective, duly authorized representatives as of 27 June 2017. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA O/B/O THE CALIFORNIA DIGIT AL LIBRARY (Subscriber) Title: Executive Vice President Research Solution Sales Ameodmeot No.: 1-1380033%20 ## Schedule 1 Subscribed Products/ Access/Fees ## UNIVERSITY OF CALIFORNIA, LOS ANGELES The Subscribed Products and Fees identified below are in addition to those identified in the Agreement. No. 1-13800339620 | Subscribed Products - publisher | Access | 2017 USD | |------------------------------------|----------|-------------| | Transferred Titles Fee | | | | TOTAL FEES | | | ## Annex A to Schedule 1.1 Subscribed Titles ## UNIVERSITY OF CALIFORNIA, LOS ANGELES | Product ID | ISSN | Transferred Title (online onlv) | |---------------|-----------|--------------------------------------------------------------| | 18893 | 1553-7250 | The Joint Conunission Journal on Quality and Patient Safetv |

39410fa1-0748-4f53-a816-d5b5731f05da

IEEE_MIT_eBooks_2018_Redacted

- - Merced campus. ## AMENDMENT NO. 8 Amendment No. 8, dated May 14, 2018 (the "Amendment") to the IEEE eBooks Agreement (Academic) dated July 6, 2011 (the "Agreement") between The Institute of Electrical and Electronics Engineers, Incorporated ("IEEE"), a New York not-for-profit corporation, and The Regents of the University of California on behalf of the California Digital Library (the "Licensee" and, together with IEEE, the "Parties"). Capitalized terms used herein and not otherwise defined shall have the meaning given to them in the Agreement. WHEREAS, the Parties desire to enter into this Amendment to the Agreement; NOW, THEREFORE. in consideration if the mutual promises and covenants contained in the Agreement and this Amendment and other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged, the parties agree as follows: - 1. Add "MIT Press eBook Library - Computing and Engineering Collection, Front List 2018" under Section 1.d., as a Licensed Product available to the following Participating Member Institutions: ## Participating Member Institutions - 1. University of California - Berkeley - 2. University of California - Davis - 3. University of California - Riverside - 4. University of California - San Diego - 5. University of California - Santa Cruz - 6. University of California - Irvine - 7. Lawrence Berkeley National Laboratory (LBNL) - 2. Pursuant to Section 2, the Supplemental Front List License for MIT Press eBook Fee ibrarv Computina Collection 2018 shall be for the six\_campuses of the University of California and -or the Lawrence Berkley National Lab. - 3. Add "MIT Press eBook Library - Computing and Engineering Collection, Front List, 2018 and Previously Published" under Section 1.d., as a Licensed Product available to the following Participating Member Institution: ## Participating Member Institution - 1. University of California - Merced - 4. Pursuant to Section 2, the Initial License Fee for MIT Press eBook Library-- Comp and Previously Published shall total or the University of California - � ---- IN WITNESS WHEREOF, the Parties have executed this Amendment as of date first written herein. THE INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS, INCORPORATED THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ON BEHALF OF THE CALIFORNIA DIGIT AL LIBRARY Title: Associate Executive Director Date: 5120/2018

7c27d325-5b7f-4e1f-95cb-ca7a304f4b2d

STSpringer_master_lic_agrmt_2011_SpringerProtocols_Redacteda

## COL-University of California January 1,2011-December 31,2012 ## Attachment B to the Master License Agreement SpringerProtocols Archives Model between Springer Customer Service Center, LLC., 333 Meadowlands Parkway, Secaucus, New Jersey 07094, USA -Springer- and Regents of the University of California, a non-profit academic institution, with its principal offices at: California Digital Library University of California Office of the President 415 zoth Street, 4th Floor Oakland, CA 94612 ## License ID Number 8815 ## 1. Online Terms and Conditions The Online Terms and Conditions including Attachment A (License ID 9108 )are fully applicable to protocols and incorporated by reference. ## 2. Access to SpringerProtocols and SpringerProtocols Fee ## 2.1 Springer grants ongoing access to the following protocols (the "SpringerProtocols") | No. | Springer Protocols Subject Collection | Copyright Year | Fee | |-------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------|-------| | 1 | Complete 15 Subject Collecton All members : Except for UC Berkeley, UC Davis , UC San Diego, Lawrence Livermore National Lab. | 1980- 2010 | | | 2 | Complete 15 Subject Collection All Members: Except for , UC Davis, UC San Diego, Lawrence Livermore National Lab. | 2011 | | | 3 | Complete 15 Subject Collection All Members: Exept for UC Riverside, UC San Diego, UC Santa Barbara.UC Santa Cruz, for Lawrence Livermore National Lab. | 2012 | | -Licensee- - 2.2 Licensee shall pay a fee of US Dolla r the SpringerProtocols (the "SpringerProtocols Fee") in accordance with the payment terms set forth in section 9 of the Online Terms and Conditions. - 2.3 Intentionally Deleted. - 3. Term and Duration of Access - 3.1 The term of Licensee's Access to SpringerProtocols shall begin on the date of the execution of this Attachment and shall end on 31 December 2012 (the "Subscription Year or Term"). - 3.2 Springer grants continous access to the SpringerProtocols as provided below: - (a) For a period commencing as of the end of the Subscription Year of SpringerProtocols and continuing until the second (2nd) anniversary thereof, Licensee shall be given continuous access to SpringerProtocols through Springerlink (for so long as it is available) without charge. - (b) For a period commencing as of the second (2 00 ) anniversary of the end of the Subscription Year of SpringerProtocols, Licensee shall be given continuing continuous access through Springerlink to SpringerProtocols if (but only if) Licensee either: 2 IN WITNESS WHEREOF, the parties have executed this Attachment by their respective, duly authorized representatives as of the date last written below.

The Online Terms and Conditions including Attachment A (License ID 9108 )are fully applicable to protocols and incorporated by reference.

41b31066-19ad-4fe8-a3e6-888de31937f5

ElsevierSD2009_amdt119_UCD_Redacted

## OVE HUNDRED AND NINETEENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the "Agreement") as last amended on November 2013 wish t0 amend the Agreement as set forth in this amendment ("Amendment' NOW, THEREFORE. in consideration of the mutual promises and covenants set forth below. and for such other are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule | . good Except as specifically amended hereby. all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF authorized representatives as of 12 November 2013. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olblo THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) [Text deleted] Nar Titl [Text deleted] Title: Managing Director, Global Sales & Customer Marketing, Science & Technology Amendment No : 1-5496819415 ## ONE HUNDRED AND NINETEENTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA olblo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA DAVIS | Subscribed Products publisher | Access | |------------------------------------|-------------------| | ScienceDirect@ online Elsevier B.V | sciencedirect.com | | Elsevier eBooks Titles | | | TOTAL FEES | | ## Annex A to Schedule 1 Elsevier eBooks Titles ## UNIVERSITY OF CALIFORNIA = DAVIS | Product ID | Elsevier eBooks Titles | Final Net Price 2013 | |---------------|----------------------------------|------------------------| | 9780124158238 | Invertebrate Learning and Memory | |

e4b5d4e3-276d-40f1-a031-c1daf71c6975

STApabiContract_Redacted

Founder Apabi D-Lib. CONTRACT ## CONTRACT ## Contract Number: A: China International Book Trading Corporation Address: +86 10 vu-.•.J.J\ll.J 35, Chegongzhuang Xilu, Beijing, China 100044 Fax: Legal Representative: +86 10 68412023 Telephone: B: the Address: c/ o Fax: 1-310-206-4960 11334 YRL, Box 951575, Los Angeles; CA 90095, USA Legal Representative: Telephone: 1-310-206-9606 This contract is entered into by and between China International Book Trading Corporation hereinafter referred to as Party A, incorporated under Chinese Contract Law and correlative Chinese laws, and the Regents of the University of California hereinafter referred to as Party B, incorporated under California Laws. This contract and its appendix set forth the terms and conditions pursuant to which product of Founder Apabi D-Lib will be sold by Party A to Party B. In consideration of the mutual agreements, representations, warranties and covenants herein contained, both parties hereto agree as follows: - 1. B agrees to buy the following products from promises to by prescription and provisions of this contract. ## Founder Apabi Products List | Item | Unit Name | Description | Order | |---------------------------------------------|--------------|-------------------------------------|-----------| | Apabi D-Lib | D-Lib. | | | | Apabi Reader | Reader | Read mana e various format eBooks | " FOC | | Apabi eBooks | | See detailed eBook list | " | | Retrieval En ine | Retrieval | Search in multi-database | " | | (The minimum amount for the first USD | | | | | Total SD) | Minimum U | Minimum U | Minimum U | ## 2. Definition - l) Product means Apabi D-Lib software, documentation, accessories, supplies, parts and upgrades that are determined and supplied by Beijing Founder Apabi Technology Limited company to be available from Beijing Founder Apabi Technology Limited company upon receipt of customer's order. - 2) Support means software maintenance and repair; software updates and maintenance; training; and other standard support services provided by Beijing Founder Apabi Technology Limited company. - 3) Use means storing, loading, installing, executing or displaying software on a service. - 4) FOC means using upgraded versions of Apabi D-Lib free of charge. - 5) Appendix means attachments that describe or otherwise apply to the sale of the product or support of it. ## 3. Authorized Users Persons Affiliated with the University of California. Full and part time employees (including faculty, staff, and independent contractors) and students of Licensee and the institution of which it is a part, regardless of the physical location of such persons. Walk-ins. Patrons not affiliated with Licensee who are physically present at Licensee's site(s) ("walk-ins"). ## 4. Total amount of the Contract: - l) - The amount is calculated based on the eBook list price, -and that Clause 16 describes the discount schedule to be applied in terms of - actual payment amount due. - 2) The total amount of this contract is a minimum of US dollars ## 5. Payments and Delivery: - I) Payments: Party A shall inform Beijing Founder Apabi Technology Limited company to make access to the above products by ASP service within 7 working days after this contract is signed. Party B shall pay Party A the contract amount due within 30 working days after this contract is signed. Payments for future purchasing orders shall be made based on future arrangements. - 2) Payments shall be made by bank checks. - 3) Party A shall inform Beijing Founder Apabi Technology Limited company to make access to ebooks ordered by Party B within 5 working days after it receives a firm order from Party B. ## 6. ASP Service: - 1) Party A shall notify in written form Beijing Founder Apabi Technology Limited company open the Apabi D-Lib. website to Party B so that Party B can access and utilize the purchased product. - 2) Party A and Beijing Founder Apabi Technology Limited company shall provide continuous access and maintenance without further charges for purchased ebooks in this contract. - 3) Party A shall provide Party B technical support in accordance with the product sold. ## 7. Quality Term Party A shall guarantee that the provided products are corresponded in all respects with the quality and specification as the promissory model. ## 8. Intellectual Property Right - 1) The sole copyright of under this contract is owned by Apabi Technology Limited company. All the correlative intellectual property rights thereof also belong to Beijing Founder Apabi Technology Limited company. The intellectual property rights are protected by Chinese laws and international conventions. - 2) Party B has the right to fair use the product under this contract. Party B shall not rent, lease, give, or further distribute the product or any copy thereof to any third party. - 3) Party B should use the product in good faith. Party B agrees not to modify, adapt, traverse or otherwise attempt to conduct the infringement to the intellectual property right associated with the product. - 4) Party A shall be solely responsible for ensuring that the use of the product shall conform in all respects with the applicable laws and this contract. - 5) Party B shall not, and shall not attempt to, register any trademarks, company names, domain names, trade names, product names and or other similar names that are owned or used by Party A without Party A's written permission. Party B shall not attempt to develop any products or services that contain the look and feel of any of Party A's product and service, not including handouts, brochures and promotional materials. Party B acknowledges and agrees that any violation by Party B shall give Party A the right to terminate this contract. ## 9. Technical Support and Post-sale Service: - 1) Beijing Founder Apabi Technology Limited company guarantees to provide lifetime technic maintenance for the product sold to Party B. - 2) Party A promises providing unlimited concurrent access to Party B based on the IP address provided by Party B. Party A grants Party B one concurrent access to each ebook as borrowing limit unless multiple copies are purchased. The term of hollowing shall be set by Party B and - A. - Party A promises to solve any problem interfering the normal operation Party B 3) within two business days anytime when the problem happens to ASP server in Beijing. Party A has the responsbility to inform Party B after any problem is solved. - 4) Party A shall provide free upgraded versions of the product to Party B . - 5) Party B can obtain techincal support according to the following information: Hot line: +86 I 0 82179966, 9:00-18:00 Beijing time/working day. ApabiSupport email: [email protected] Respond within one working day. ## 10. Property The ownership of the product shall not be abalienated unless Party B fulfills the total payment. Party A has the right to stop providing ASP service if Party B fails to fulfill the total contract value in stipulated time. Party B shall compensate the loss caused by breach of contract, including, without limitation, the penalty for the breach and correlative fee. ## 11. Termination - 1) Party B may terminate this contract by providing the other party with a written notice at least 60 days in advance. - 2) Party A may terminate this contract by providing the other party with a written notice 60 days in advance due to the event that Party B fails to pay any amount due. ## 12. Indemnity - I) Party A shall bear the liability by continuing to perform the obi igations, taking remedial measures, or compensating for losses under the condition of performing its obligations of delivery beyond the time limit, or provided products fail to meet the quality requirements, except for the only reason of force majeure. - 2) Party B shall inspect the products within 30 days after receiving them. Party B has the right to terminate this contract when modification of the product is not according to the promissory model. Party A shall reimburse the payment and compensate the loss of Party B. - 3) Party B shall bear the liability if it delays or fail to make payment except for the force majeure. Party B shall disburse the charge for the breach of the Contract a. f the total amount of unpaid payment. Party A has the right to terminate this contract when the delay is over 30 days. B shall be responsible for all the losses. - 4) Party A shall demand compensation B does not abide by Article 12 hereof. - 5) Party A shall demand compensation or terminate this contract if Party B inappropriately empower or allow a third party to use the products provided by Party A. ## 13. Force Either party shall not be responsible if it is unable to fulfill this contract due to force majeure. Force majeure as used herein means objective situations which cannot be foreseen, avoided or overcome, as typhoon, earthquake, flood, transformation of government policy, Strike, riot, war, etc. Either party that is unable to fulfill this contract due to force majeure shall notify the other party in time in order to reduce losses possibly inflicted the other party, and it shall submit the other party details of the occurrence of the force majeure and a certificate of the accident issued by competent government authorities. The parties shall therefore negotiate a solution, exempting the obligations in whole or in part. ## 14. ·Dh'l,UUO,L U''-'q,q,JL"-'llllll'-'Jlllq,.:JI All disputes arising from the execution of, or in connection with this contract, shall be settled amicably through friendly negotiation between both parties. In case no settlement can be achieved through negotiation, the case shall be submitted to the As:sociat1on for arbitration. The arbitrament is binding on both parties and the lose party shall bear the arbitration fee. American Arbitration ## 15. or - 1) Either party who wants to amend this contract should get consent from the other party contract an signed by both parties. - Any changes or modifications to the terms of this contract or the appendix shall only be 2) valid by a written document signed by authorized representatives of both parties. ## 16. Others - I) Part A shall welcome other member libraries of UC joining the Apabi D-lib of Part B, with the same privileges including for one-time ebooks' service fee. Both parties will discuss the specifics when additional member libraties of UC join the purchase. - 2) As this contract signed by a duly authorized representative of each party, Part B confirms it as a firm order (both a facsimile copy and an original eBook order are consideced as a firm order). - 3) Then D-lib system of Founder should provide borrowing, searching, recommendation, classification, statistics, etc. for eBooks. It could provide MARC21 records and replace the LOGO for the Party B as required. - 4) Part A shall supply Part B with a set of MARC 21 bibliographic records without LC classification and subject heading of licensed materials, including bibliographic data in both Chinese script and in Romanized form, and a working URL for each title, to support Part B' s intranet system integration requirement. These MARC records shall be provided on a fee free basis and continue to be free of charge with future purchase. - 5) Party A shall provide Party B the eBooks' CD or DVD for back up without charge. - 6) This contract is not intended to confer any benefit on any person or entity not a party hereto. - 7) Any noctice, demand, request, consent or other inform required or permitted to be given under this contract shall be in writing and sent by hand delivery, special courier capable of confirming receipt, or facsimile or e-mail to a non-individual-specific e-mail address if receipt is confirmed. Both parties agree that a notice is not deemed effective if receipt is not confirmed. Notice will be deemed given pursuant to the following rules: if hand delivered, at the time of delivery; if sent by special courier, on the third day after delivery to the courier; and if sent by facsimile or e-mail to a non-specific e-mail address, on the date transmitted if the sender receives confirmation that such transmission is received during the notified party's normal business hours, otherwise on the notified party's next normal business day. - 8) The appendix of this contract is part of this contract and shat I be binding on both parties and has the same force and effect as the signed original. - 9) This contract is made out with each party keeping one copy. ## 17. Validity of the Contract - I) This contract is signed in on - 2) The contract shall become effective on the date it is signed by authorized representatives of both parties. ## Party A: China International Book Trading Corporation (Stamp) Signature: Address: 35, Chegongzhuang Xilu, Beijing, China I 00044 Telephone: +86 10 68433037 Fax: +86 I 0 68412023 Bank: Industrial and Commercial Bank of China, Beijing Municipal Branch, Gong Zhu Fen Branch AIC No: (USD) 02000046091 16004454 Swift Code: ICBKCNBJBJM Party B: Regen the University of\_California Signature: Address: Telephone: Fax: c/o CLA Library, 11334 YRL, Box 951595, Los Angeles, CA 90095, USA Bank: ## Appendix A eBook Order Form Items I No. of Books I Price

- 1) Party B may terminate this contract by providing the other party with a written notice at least 60 days in advance. - 2) Party A may terminate this contract by providing the other party with a written notice 60 days in advance due to the event that Party B fails to pay any amount due.

f136939f-3f2a-448f-9c88-57b8470c9c3d

ST_Tier2_CiNii_Saisoku_English_Redacted

## National Institute of Informatics Ci Nii Service Usage Detailed Regulations Established March 22, 2005 ## (Objective) Article 1 The objective of these Detailed Regulations is to stipulate items necessary for usage of the CiNii (Citation Information by NII) s ervice (hereinafter referred to as the "Service") provided by the Research Organization of Information and Systems National Institute of Informatics (hereinafter referred to as the "Institute"), based on the provisions of Clause 3 of Article 3 of the Natio nal Institute of Informatics GeNii Service Usage Regulations (hereinafter referred to as "GeNii Service Usage Regulations"). ## (Compliance with the Detailed Regulations) Article 2 The person using the Service (hereinafter referred to as the "User") shall comply with these Detailed Regulations, and the User is considered to have accepted these Detailed Regulations. ## (Service particulars) Article 3 The Service provides a search and viewing service for information relating to academic papers published in academic journals such as the journals of academic societies and research bulletins, etc. - 2 The Service comprises the services listed in the following items. - (i) The "Basic Service" is a service for academic paper search and for viewing simplified information (title of paper, authors, etc.) about academic papers. - (ii) The "Multifunction Service" is a service for viewing detailed information about academic papers (academic paper abstracts and citation information, etc.) and information on the location, etc. of the journals where the academic papers are published, in addition to the Basic Service. - (iii) The "Academic Paper Full Paper Viewing Service" is a service for viewing full academic papers. The full academic paper is displayed using the search function of the Basic Service or the Multifunction Service. (Restricted academic paper information service) Article 4 Apart from the service categories of Clause 2 of the preceding article, there is an information service for academic papers regarding which the provider of the academic information has imposed restrictions such as User qualifications, form of usage etc. Details of service content, restrictions and usage charges are given in Annex 1. ## (User categories) Article 5 The User categories for the Service are the categories listed in the following items. - (i) An "Individual User" is an individual who has made the prescribed usage application in advance and received approval. The Individual User may use the - Service utilizing the User ID and password issued by the Institute at the time of usage authorization. - (ii) An "Institutional User" is a person who is a member of an institution that has made a usage application and received approval, and who is permitted to use the Service utilizing an IP Address for which said institution has received approval. - (iii) An "Institution-Affiliated Individual User" is an Individual User under the preceding item who has made and received approval of a usage application for use of the Service by a means other than utilizing an IP Address of the institution concerned. An Institution-Affiliated Individual User may use the Service utilizing the User ID and password issued by the Institute at the time of usage authorization. - (iv) A "General User" is a person other than those in the preceding t hree items, who can use the Service without making a usage application. Usage of the Multifunction Service is excepted. (Usage application, approval and cancellation) Article 6 A person wishing to use the Service as an Individual User or Institution -Affiliated Individual User, or the official representative of an institution wishing to use the Service as an Institutional User shall make an application using the prescribed method and receive approval from the Institute. - 2 The Institute shall examine the application of the preceding clause and give approval if it is considered to be appropriate. - 3 The Institute shall issue a User ID and password for each individual to Individual Users and Institution-Affiliated Individual Users for whom usage is approved. An Individual User who has received usage authorization shall pay an annual registration fee to the Institute by the prescribed method. - 4 An Institution that has received usage authorization shall pay an annual fixed charge to the Institute by the prescribed method. - 5 The Institute shall not approve the usage application of a User corresponding to any of the following items. If such a situation is discovered after approval has been given, the Institution may cancel the approval. - (i) If the usage application does not conform to the prescribed method; - (ii) If the particulars of the usage application are false or significantly incorrect; - (iii) If the applicant has a record of breaching the GeNii Service Usage Regulations or these Detailed Regulations; - (iv) If there is adequate cause for judging that there is a risk of the applicant breaching the GeNii Service Usage Regulations or these Detailed Regulations; - (v) If there is adequate cause for the Institute to judge that approval would be inappropriate for other reasons. (Management of User ID and password) Article 7 An Individual User or Institution-Affiliated Individual User may not permit a third party to use the User ID and password or loan, transfer, or disclose the User ID and password to a third party. If theft of the User ID and password or improper use of the User ID and password by a third party is discovered, the Institute must be promptly notified thereof, and if there are instructions from the Institute, such instructions must be followed. - 2 The Institute can bear no responsibility if damages are incurred through incorrect use of the User ID and password or through improper use of the User ID and password by a third party. If the User ID and password are used by a third party, the Institute shall regard such usage as usage by the User corresponding to the User ID. - 3 Each individual's password may be changed by the individual utilizing the prescribed method. ## (Usage charges) Article 8 The Basic Service shall be free of charge and may be used by all Users. - 2 The Multifunction Service and the Academic Paper Full Paper Viewing Service shall be paid, and charges shall be stipulated separately. - 3 Full academic papers provided by the Academic Paper Full Paper Viewing Service (hereinafter referred to as "Content") shall comprise free Content that can be used by all Users, and paid Content that can be used by the User categories listed in the following items. Pay-per-use charges for paid Content shall be displayed separately or in batches when the Service is searched. - (i) Individual Users and General Users can use the paid Content by means of pay-peruse charges levied on each individual. - (ii) Institutional Users can use the paid Content by means of an annual fixed charge levied on the institution. Paid Content specified as not being usable under the annual fixed charge may not be used. - (iii) Institution-Affiliated Individual Users can use the paid Content by means of an annual fixed charge levied on the institution. Paid Content specified as not being usable under the annual fixed charge may be used through pay -per-use charges levied on the individual Institution -Affiliated Individual User. - 4 The annual registration fees for Individual Users and the annual fixed charges for institutions shall be as stated in Annex 2. - 5 The Institute cannot return to the User any usage charges that have been paid. ## (Method of payment for usage charges) ## Article 9 The method of payment for usage charges for the Service for each User category shall be as listed in each of the following items. - (i) An Individual User shall pay an annual registration fee on receiving usage authorization, and shall pay pay -per-use charges corresponding to paid Content used, and may select the method of payment from payment by invoice or payment by credit card. - (ii) An Institutional User shall pay an annual fixed charge as an institution, and the Institute shall send an invoice for the annual fixed charge for the appropriate financial year in the month of commencement of usage. - (iii) An Institution-Affiliated Individual User shall pay pay-per-use charges corresponding to paid Content used, and may select the method of payment from payment by invoice or payment by credit card. - (iv) A General User shall pay pay-per-use charges corresponding to paid Content used. The method of payment shall be payment by credit card only. - 2 With regard to the invoice of Item (i) and Item (iii) of the preceding clause, the Institute shall, only in the case of payment by invoice, invoice the usage charges in bulk each quarter. ## (Payment deadline and delinquent charge) Article 10 The deadline for payment of usage charges for the Service in the preceding article shall be as listed in each of the following items. - (i) If the method of payment of usage charges is payment by invoice, payment shall be made by the last day of the month following the month in which the invoice is sent. - (ii) If the method of payment of usage charges is payment by credit card, the date of payment shall be the date prescribed by the credit card company. - 2 If payment is delayed beyond the deadline for payment, an amount calculated at an annual rate of 5% shall be paid as a delinquent charge in respect of the period from the day after the date of the payment deadline to the day on which payment is made. ## (Period of use) Article 11 The term of usage for the Service shall be as listed in the following items. - (i) For Individual Users, the term of usage shall be one year from the date of commencement of usage. In the case of payment by invoice, the date of commencement of usage shall be the date of the first login, and in the case of payment by credit card, the date of commencement of usage shall be the date of issue of the ID and password. - (ii) For Institutional Users and Institution-Affiliated Individual Users, the term of usage shall be from the date on which the institution received usage authorization until the last day of the appropriate financial year (from April 1 to March 31 of the following year). - 2 The Institute shall issue advance notification of end of term of usage to Individual Users, Institutional Users and Institution-Affiliated Individual Users at least 1 month in advance of the end of the term of usage. If these Users wish to continue usage, they should give the Institute notice of renewal of usage by the prescribed method. If notice of renewal of usage is not given, usage authorization loses its effect at the end of the term of usage and is no longer valid. The same applies when usage authorization has been canceled. (Notification of changes) Article 12 If changes occur in particulars after submission of a usage application, the User must notify the Institute thereof without delay by the prescribed method. - 2 If the User delays notice under the preceding clause, the Institute cannot bear any responsibility for l oss incurred by the User. Moreover, if notices, etc. are sent to the User by the Institute and are presumed to have been delivered, then they shall be considered delivered, even if they have not actually reached the User. (Termination of usage) Article 13 If an Individual User, Institutional User, or Institution-Affiliated Individual User intends to terminate usage of the Service during the term of usage, the Institute must be notified by the prescribed method. (Failure affecting provision of paid Content) Article 14 On the basis of Clause 3 of Article 10 of the GeNii Service Usage Regulations, if a failure affecting provision of paid Content occurs for a reason due to the responsibility of the Institute and the User makes a declaration thereof within 7 days, the Institute will take the necessary measures to rectify the failure. If the failure is not rectified despite the measures taken, the appropriate action to be taken shall be decided through discussion between the Institute and the affected Users. (Revisions, etc.) Article 15 The Institute may revise these Detailed Regulations as required, notifying the User by posting a notification on the Service website or by other means judged appropriate by the Institute. In such cases, unless particularly specified, the revised Detailed Regulations will take effect from the time of posting or other notification. - 2 These Detailed Regulations shall be interpreted under the law of Japan. The court of first instance for any disputes concerning the Service shall be the Tokyo District Court. Supplementary provision These Detailed Regulations shall come into force on April 1, 2005. ## Annex 1 ## 1. Restricted Academic Paper Information Service ## 1) Service particulars Science Citation Index Expanded (TM) Social Sciences Citation Index (R) Arts & Humanities Citation Index (R) ## 2) Scope of Users Limited to Individual Users and Institution -Affiliated Individual Users affiliated to a university, junior college, technical college, inter-university research institute, or MEXT-related academic institution. ## 3) Usage charges Usage charges shall be pay-per-use charges of 105 yen (including tax) per view of detailed information about one academic paper. - 1. Annual fixed charges for institutions The annual fixed charges for institutions are as shown in Table 1 below. Table 1: Annual fixed charge for institutions (including tax) | Number of full-time teaching staff/researchers | Special charge | Standard charge | |---------------------------------------------------|------------------|-------------------| | Up to 100 | | | | From 101 to 200 | | | | From 201 to 300 | | | | From 301 to 400 | | | | From 401 to 500 | | | | From 501 to 600 | | | | From 601 to 700 | | | | From 701 to 800 | | | | From 801 to 900 | | | | From 901 to 1,000 | | | | From 1,001 to 1,100 | | | | From 1,101 to 1,200 | | | | From 1,201 to 1,300 | | | | From 1,301 to 1,400 | | | | From 1,401 to 1,500 | | | | From 1,501 to 1,600 | | | | From 1,601 to 1,700 | | | | From 1,701 to 1,800 | | | | From 1,801 to 1,900 | | | | 1,901 or more | 1,901 or more | | - 1) Special charges are applied to universities, junior colleges, technical colleges, interuniversity research institutes, MEXT-related academic and research institutions, and educational and research institutions, etc. The same special charges apply to overseas educational and research institutions. - 2) For overseas institutions, the "number of full-time teaching staff/researchers" is taken to be the number of teaching staff/researchers primarily conducting research on information relating to Japan. For institutions in developing countries, the charges applied are half the charges of Table 1. For these purposes, developing countries are taken to be countries listed in Part I of the OECD Development Assistance Committee's List of Aid Recipients. - 3) For public libraries, a charge of yen (including tax) will be applied for the moment. - 4) When an institution makes a usage application partway through the financial year, the fixed annual charge shall be one twelfth of the charge amount stated above multiplied by the number of months from the date of commencement until the end of the appropriate financial year (from April 1 to March 31 of the following year). - 2. Annual charges for Individual Users and Institution-Affiliated Individual Users - 1) The usage application fee for an Individual User shall be yen (including tax). - 2) The pay-per-use charges for paid Content applied to an Individual User or InstitutionAffiliated Individual User are shown on the Service website. - 3) Discount charges may be applied when an Individual User or Institution-Affiliated Individual User uses Content from an academic society to which he or she is affiliated. - 3. Charges for General Users - 1) The pay-per-use system charges applied to General Users are shown on the Service website. The pay-per-use charges are to be paid in accordance with the Content whenever such Content is used. National Institute of Informatics Academic Contents Portal Institutional Fixed-price Service: Usage Application Form ## To: National Institute of Informatics I hereby apply as follows for use of the National Institute of Informatics' Academic Contents Portal (Institutional fixed-price service). ## Applicant | Category | Category | Overseas: University etc. | |----------------------------------------------------------------------------------------------|----------------------------------------------------|-----------------------------------------------------------------------------------------------------------| | Schoo 1/ Company | Schoo 1/ Company | University of California | | Faculty/Department | Faculty/Department | | | .S ~1----------------+-----------~---------------------------------------11 ro u 0 -.:i | Postal code | 90095-1575 | | .S ~1----------------+-----------~---------------------------------------11 ro u 0 -.:i | Country | United States | | .S ~1----------------+-----------~---------------------------------------11 ro u 0 -.:i | Address | UCLA East Asian Library, 21617 Young Research Library, Box 951575, Los Angeles, CA, U.S. A. | | § VJ I-< Cl.l ~ Affiliation u ro (_) | """"N_am_e _ _ _ __ _ | """"N_am_e _ _ _ __ _ | | § VJ I-< Cl.l ~ Affiliation u ro (_) | | As i an Libr ary | | § VJ I-< Cl.l ~ Affiliation u ro (_) | Telephone number | Telephone number | | Number of full-time teachin staff researchers | Number of full-time teachin staff researchers | From 101 to 200 | | IP address | IP address | See separate sheet | | iod of use | iod of use | 2007/4 ~ 2008/3 | IP addresses used by the National Institute of Informatics Cinsti tutional fixed-price service) Contents Portal 0 f niversit alifornia I I I I I I I I I I l I I I I I I

410e6c5d-3367-4a25-b8c6-d5c17253fb06

STDeGruyter_amdt12_DasMittelalter_UCB_Redacted

I ## AMENDMENT 12 TO GENERAL LICENSE AGREEMENT This Amendment ("Amendment") dated 1/26/2015 to the License Agreement Walter de Gruyter, Inc. dated 6/1/2011 ("Agreement") is by and between Walter de Gruyter, Inc., hereinafter referred to as "DeG" and The Regents of the University of California hereinafter referred to as "Licensee" on behalf of the California Digital Library WHEREAS, the parties hereto previously entered into that certain Agreement, dated 6/1/2011 and the parties hereto desire to amend certain terms of the Agreement; NOW, THEREFORE, in consideration of the agreements and obligations set forth in the Agreement and this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: - 1. Elements of the Agreement. The Agreement, as amended hereby, shall consist of the following: - a. The Agreement originally memorialized in original agreement Walter\_de\_Gruyter \_ TLL\_2011.pdf, dated 6/1/2011. - b. Amendment- 2012 Harvard University Press eBooks for the University of California, San Diego, dated 6/8/2012. - c. Amendment- Journal Archives for the University of California, San Diego, dated 4/25/2013. - d. Amendment- The Diaries of Joseph Goebbels Online for the University of California, Los Angeles, dated 5/21/ 2013, executed 5/30/2013. - e. Amendment- AKL Online for the University of California, Berkeley, dated 5/21/2013 executed 7 /13/2013. - f . Amendment- Journal Subscriptions for the University of California Berkeley, dated 3/28/2014, executed 5/22/2014. - g. Amendment- eBooks through YBP for University of California San Diego, dated 5/1/2014, executed 5/14/2014. - h. Amendment- eBook: Chateauroux Version of the <<Chanson de Roland>> for University of California Berkeley, dated 4/25/2014, executed 6/2/2014. - i. Amendment- Journal Archives purchase (1826-2013) for the University of California San Diego, dated 6/18/2014. - j . Amendment-Harvard University Press 2014 eBook Collection, dated 8/6/2014, executed 10/27 /2014. - k. Amendment- Journal Subscription: Frequenz for University of California, Berkeley, dated 10/20/2014, executed 10/27 /2014. - I. Amendment- Journal Subscription: Journal of Ancient Near Eastern History for University of California, Berkeley, dated 12/2/2014, executed 1/5/2015 I ## DEGRUYTER - m. This Amendment, Schedule 1- Journal Subscription: Das Mittelalter: Perspektiven mediaevistischer Forschung for University of California, Berkeley - 2. Modifications to the Agreement. The Agreement is hereby modified referencing Walter \_de\_ Gruyter \_ TLL\_2011.pdf Effective date: 1/26/2015 - 3. Legal Effect. Except as set forth herein, all of the terms and conditions of the Agreement shall remain in full force and effect. In the event of conflicting or additive terms between the terms of the Agreement and this Amendment, the terms of this Amendment shall apply in lieu of those in the Agreement. Any capitalized term used in this Amendment shall have the meaning given thereto in the Agreement. IN WITNESS WHEREOF, the parties hereto have entered in to this Amendment as of the date above written. Walter de Gruyter, Inc. Regents of the University of California, California Digital library I DE GRUYTER Schedule 1: Journal Subscription: Das Mittelalter: Perspektiven mediaevistischer Forschung for University of California, Berkeley ## Purchase Terms Product Billing address Subscription fee Purchase date Das Mittelalter: Perspektiven mediaevistischer Forschung University of California, Berkeley 250 Moffitt Library Berkeley, CA 94720-6000 USA Print and Online annual subscription price 2015- 1/26/2015 Property rights to the product The licensee acquires property rights to the product with the payment of the purchase price. Authorized sites of the Licensee University of California, Berkeley libraries Authorized Users at the Authorized Sites Students, employees and servants of the University of California: All currently enrolled full or part-time students of the Client (incl. visiting students); currently employed faculty (whether on a permanent, temporary, contract or visiting basis); teaching staff, administrators and staff (permanent or temporary) as well as contractors of the Customer. Library Users: any person who is not a member of the authorized users mentioned above and who holds a current, valid library card from the Customer as well as walk-in-users.

Product Billing address Subscription fee Purchase date Das Mittelalter: Perspektiven mediaevistischer Forschung University of California, Berkeley 250 Moffitt Library Berkeley, CA 94720-6000 USA Print and Online annual subscription price 2015- 1/26/2015 Property rights to the product The licensee acquires property rights to the product with the payment of the purchase price. Authorized sites of the Licensee University of California, Berkeley libraries Authorized Users at the Authorized Sites Students, employees and servants of the University of California: All currently enrolled full or part-time students of the Client (incl. visiting students); currently employed faculty (whether on a permanent, temporary, contract or visiting basis); teaching staff, administrators and staff (permanent or temporary) as well as contractors of the Customer. Library Users: any person who is not a member of the authorized users mentioned above and who holds a current, valid library card from the Customer as well as walk-in-users.

d92e1f84-2a63-4636-90a3-21c6cd17b547

ElsevierSD2014_amdt100_UCD_Redacted

## ONE-HUNDREDTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 9 April 2014, as last amended on 30 June 2017(the "Agreement") and wish to amend the Agreement as set forth in this amendment ("Amendment"). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, and for such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth on Schedule l. Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized tenns used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the tenns of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective, duly authorized representatives as of 06 July 2017. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA O/B/O THE CALIFORNIA DIGITAL LIBRARY (Subscriber) Title: Associate Exccutive Director ## ELSEVIER B. V. (Elsevier) Title: Executive Vice President Rescarch Solution Sales Amendment No.: 1-13843985933 ## Schedule 1 ## Subscribed Products/Access/Fees ## UNIVERSITY OF CALIFORNIA -DA VIS The Subscribed Products and Fees identified below are i n addition to those identified in the Agreement. No. t-13843985933 | Subscribed Products - publisher | Access | 2017 USD | |-----------------------------------------------------------|-------------------|-------------| | ScienceDirect® online - Elsevier B. V. | sciencedirect.com | | | Elsevier eBooks Collections -Veterinary Medicine 2018 | | | | TOTAL FEES | | |

533154c5-dd65-42fc-80de-7f46d4741c16

Univ-of-KS_Oxford-Univ-Press_2019_Redacted

## SUBSCRIPTION AND PERPETUAL ACCESS AGREEMENT ## Explanatory note for Customer The following is a single framework agreement to cover purchase models for access to the OUP journals and online products that are offered under this agreement. With the benefit of this framework agreement; you may efficiently make further purchases of our journals and online products which purchases will automatically be governed by the terms of this agreement, without having to renew the agreement annually and without the need to maintain in a Schedule t0 the agreement a regularly updated list of publications with their start and end dates (although we can do this if it is important to you) To enable this flexibility, the agreement contains terms that address the various available purchase models (.e.journals subscriptions; online product subscriptions and perpetual access publications). Certain clauses may not be relevant to the particular purchases you make under this agreement. The applicability of such clauses will be noted in the clause itself; and Clause 0 of the Terms and Conditions also makes clear that the terms in Annex (which, respectively, deal with particular purchase models) apply only in relation to the relevant purchase model if it is purchased. each being If you have any queries about the scope of the agreement please contact susan-goodgion@oup com ## COMMERCIAL IERMS - PUBLISHER: THE CHANCELLOR, MASTERS, AND SCHOLARS OF THE UNIVERSITY OF OXFORD trading as OXFORD UNIVERSITY PRESS USA of 198 Madison Avenue, New York, NY 10016, USA. - 2 CUSTOMER: UNIVERSITY OF KANSAS\_of 1425 Javhawk Blvd . Rm 210-2 Lawrcnce Kansas 66045-7544. - 3 SITE(S): The geographical location(s) listed in Schedule B. - PUBLICATION(S): The Journals andor Online Products published online by the Publisher and listed in (a) Schedule A to this Agreement; andlor (b) an invoice relating to this Agreement; andor (ii) as otherwise notified to the Customer in writing. - 5 CHARGES: The price set out in (a) the Publisher's or the Customer Agent's invoices; andlor (b) as otherwise notified to the Customer in writing, concerning (i) access to the Publications; (ii) Hosting Fees, if relevant, and (iii) Renewal Fees, if relevant. - CUSTOMER AGENT: HARRASSOWITZ (Journals only) ## CUSTOMER CONTACT DETALLS: Name: Electronic Information/ Angela Rathmel E-mail: clecres@ku edu Telephone: (785) 864-4084 ## 8 GOVERNING LAW: INTENTIONALLY OMITTED. - 9 contract and made a parL Lhereof - 10 DAIA PROTECTION ADDENDUM: hc Parties agree to comply withallapplicable\_federal and international laws and rcgulations\_including without limitation the General Data Protection ## THE PUBLISHER AND CUSTOMER EACH ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT, WHICH INCORPORATES THE ATTACHED ANNEXES AND SCHEDULES. Signed by Signed by For and on behalf of the Publisher For and on behalf of the Customer Name: Name: Roach Mary Position: Sales Position: Associate Dean Date: ## TERMS AND CONDITIONS ## COMMENCEMENT AND DEFINITIONS This Agreement will commence upon its cxecution by both parties and will continue thereafter until terminated in accordancc with its terms. It will apply to all orders for Publications placed by the Customer that are accepted by the Publisher during the aforementioned period. - Regardless of when this Agreement commences or terminates, the Customer and Authorized Users may not access a Publication outside of the Publication Term for that Publication unless the Publisher expressly permits such access; which will be subject to the terms of the Legal Notice(s) for the relevant Publication(s)). - 1.2 order placed by the Customer for access to the Publications will constitute an offer by the Customer to purchase the Publications referred to thcrein on a subscription basis or on a perpctual access basis (as specified in the order) subject to the terms of this Agreement. The Customer is responsible for ensuring that the terms of its order are complete and accurate. Any - 1.3 An order madc pursuant to this Agreemcnt will be dccmed to be accepted when the Publisher issues written acceptancc of the order. - 1,4 In this Agreement; the following expressions will have the following meanings: Authorized User" an individual who is authorized by tbe Customer to access the Customer's information services available through the Customer's Secure Network AND who is (i) a current student; faculty member, patron; employee or contractor of the Customer; or (ii) an individual physically present on the Customer's premises and, if applicable; at the Sites library "Charges" as defined at "Charges' in the Commercial Terms above "Commercial Use" use for the purposes of monetary reward (whether by or for the Customer, an Authorized User, or any other person or entity) whether by mcans of resale, loan, transfer, hire, or any other form of exploitation sale, ## "Concurrency Restriction" for each Publication; respectively, the maximum number of permitted concurrent Authorized Users for that Publication; if applicable, as specified in Schedule A andor in the relevant invoice andor as otherwise agreed in writing "Content-Specific Terms" in relation to an article; chapter or any other portion of any Publication; the specific terms under which that material is published (for example, but not limited Creative Commons terms) and as specified on thc website of the Publication to, "Customer Agent" iflas specified at "Customer Agent" in the Commercial Terms above "Fair Use" usc by the Customer or an Authorized User conforming to Paragraphs 107 and 108 of the U.S. Copyright as amended from time to time Law "Hosting Fees" the fees payable by the Customer for hosting services as further described in Annex 3 Jourals" the online version of Publisher's joumals listed in (i) Schedule A to this Agreement; andlor (ii) an invoice relating to this Agreement andor (iii) otherwise agreed in writing by both parties to be added to this Agreement | Subscription" | purchased subscription for Joumals | |--------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | "Legal Notice" | for each Publication; the legal notice andlor terms of use of that Publication as specified on the website for the Publication in a document linked from the footer or header of the Publication 's homepage | | "Material" | any abstract; article; index; advertising, or other material contained in the Publications and accessed online | | "Online Products" | the online version of Publisher's publications listed in (i) Schedule A to this Agreement; andlor (ii) an invoice relating to this Agreement andlor (iii) otherwise agreed in writing by both parties to be added to this Agreement | | "Password(s)" | any password(s) given to the Customer by the Publisher or created by or for the Customer to access the Publication(s) and any other passwords or access control mechanisms required for Authorized Users to access the Sccure Network | | "Permitted Use" | for each Publication; respectively, the permitted use of that Publication; as provided in Clause 2 of this Agreement and in the Legal Notice for that Publication | | "Perpetual Access Publication" | Publication which is purchased on a perpetual access basis | | "Perpetual Access Start Date | for each Publication which is a Perpetual Access Publication; respectively, the date on which perpetual access starts for that Publication as specified in Schedule A andor in the relevant invoice; or as otherwise agreed in writing | | "Prc-Publication Titles" | any Publications which have not yet been published online as at the date on which the Customer's order for such Publications is received by the Publisher | | "Publication" | as defined at "Publications in the Commercial Terms above | | "Publication Term | as defined in Clause 2.1 | | "Renewal Fees? | the fees payable by the Customer for renewal of access to Subscription Publications as further described in Annex 1 | | "Secure Network" | a network (whether a stand alone network or a virtual network within the Internet, accessible offsite) which is accessible only to Authorized Users; without limitation; a cache server or any server or network which can be accessed by anyone other than Authorized Users is not a Secure Network | | "Server" | either the Publisher's server or a third party server designated by the Publisher on which the Publications are mounted and through which the Customer and its Authorized Users may access to the Publications by means of the World Wide Web gain | | "Site(s)" | as defined in the Commercial Tcrs above | |----------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | "Subscription End Date" | for each Subscription Publication; respectively, the date on which the subscription ends for that Publication (as may be specified in Schedule A andlor in the relevant invoice andor as otherwise agreed in writing) OI any subsequent date agreed in writing by the renewal process in this Agreement parties | | "Subscription Period" | for each Subscription Publication; respectively, the period commencing on the Subscription Start Date for that Publication and expiring on the Subscription End Date for that Publication as specified in Schedule A andor in the relevant invoice andlor as otherwise in writing) and subject to renewal for successive periods in accordance with this Agreement agreed | | "Subscription Publication" | Publication which is purchased on a subscription basis | | "Subscription Start Date" | for each Subscription Publication; respectively; the date the subscription starts for tbat Publication as specified in Schedule A andor in the relevant invoice; or as otherwise agreed in writing | | "Text And Data Mining" | in relation to any Publication(s) or any portion thcreof, performing a computational analysis of anything recorded in that (thosc) Publication(s) or 'portion | | "Update Fees" | the fees payable by the Customer for access to Updates as further described in Annex 3 | | 15 | The terms in Annexes 1, 2, and 3 will apply only in the following circumstances: | | 15.1 | For any Subscription Publication: Annex 1 applies to cach such Publication. | | 1.5.2 | For any Journals Subscription: Annex 2 to each Joumals Subscription. applies such | | 1.5.3 | For any Perpetual Access Publication: Annex 3 applies to each such Publication | | 2 | GRANT OF ACCESS, PERMITTED USE AND LIMITATIONS ON USE | | 2.1 | In this Agreement; "Publication Ter will mean: | | 2.1.1 | for each Subscription Publication; the Subscription Period for that Publication; and | | 2.1.2 | for each Perpetual Access Publication; a perpetual term beginning on the Perpetual Access Start Date for that Publication. For each Publication; respectively; during the relevant Publication's Publication Term; the Customer | | 2.2 Clause 2.3) to: 2.2.1 | may allow its Authorized Users, on a non-exclusive and non-transferable basis (and in all cases subject to the remaining terms and conditions of this Agreement; including the restrictions listed in access the Server by means of a Secure Network to scarch the Publication and to view, retrieve; and display portions thereof; | | 2.2.2 | save and out single copies of portions of the Publication for personal use; print | | | 18 Oct 2018 | - 2.2.3 if the Customer is an academic institution; incorporate links to the Publication in electronic course packs and course management systems for use in connection with courses offered by the Customer for academic credit (provided that no person other than an Authorized User may use such links); and - 2.2.4 if the Customer is an academic or library which is of a non-commercial organisation; then not withstanding any restriction in Clause 2.4the Publisher\_hereby grants the Customer\_the\_non-exclusive right during the Publication term for each Publication or its library or library which is ofa non-commercial organisation\_for the purposes of original of an individual documen\_from a Publication for thc purpose of rescarch Or private study and not for Commercial library part pat Use: - Ifthe Customer is located in the\_United States of America\_the Customer agrees\_to\_fulfill such requests in compliance with Section 108 of the United States Copyright Law - 2.2.5 provided the Customer\_will make reasonable efforts to: - such computational analysis: - 225.2 without the Licensor's consent; - 2253 such\_copies are destroyed once are no longer\_necessary for the relevant computational analysis: hey - 2254 the Authorized Users acknowledge the use of the Licensed Work ifany results of - 2255 including without limitation any security measures and conditions of access; - 2.3 Nothing in this Agreement will limit an Authorized Users' rights to make Fair Use of the Publications. - 2.4 Provided that nothing in this Agreement will limit the Customer's or an Authorized Users' rights under applicable copyright laws; thc Customer and its Authorized Users may not: - 2.4.1 remove or alter Publisher' s copyright notices or other means of identification or disclaimcrs as appear in the Publications; they - 2.4.2 systematically make multiple printed or electronic copies of portions of the Publications for any purpose except as permitted by law or as authorized by Publisher; - 2.4.3 display or distribute or permit access to any part of the Publications via any method other than the Secure Network; - 2.4.4 permit anyone other than Authorized Users to acccss or use the Publications; and - 2.4.5 use all or any part of the Publications for any Commercial Use. Furthermore; subject to Clause 2.5, with respect to each Publication; the rights granted in Clause 2.2 are subject to any relevant (a) Concurrency Restriction(s), (b) Legal Notice, andlor (c) ContentSpecific Terms. - 2.5 In the case of any conflict or ambiguity between: - 2.5.1 the Permitted Use specified in this Clause 2 and the Permitted Use specified in the Legal Notice for any Publication; this Clause 2 will take precedence in respect of that Publication; - 2.5.2 the Permitted Use and the Content-Specific Terms for any portion of any Publication; the Content-Specific Terms will take precedence in relation to that portion of the Publication. ## 3 ACCESS AND SECURITY - 3.1 If the Publisher is hosting the Publications: - 3.1.1 in order to provide access to Journals, the Publisher shall provide the Customer with a customer number as necessary to enable the Customer to set up and activate the Customer' s online access to the Journals; and - 3.1.2 in order to provide access to Online Products, the Customer shall provide, in tbe manner requested by the Publisher (which may include entering infommation in an online registration system), with the information needed to activate and maintain access to the Online Products, including prompt reporting of any additions; deletions or other alterations to the information supplied in provision of such information will not affect the commencemcnt date of this Agreement, nor the Publication Term of any Publication. Delay - 3.2 The Customer will obtain and maintain during the term of this Agreement at its cost all telecommunications and other equipment and software (including relevant licenses) needed to access the Publications online via the Customer's Secure Network. - 3.3 The Customer shall maintain appropriate and reasonable policies, procedures and technical and organizational measures to ensure that the Publications and Password(s) are at all times used within the scope of the rights granted to the Customer and its Authorized Users in this Agreement. In particular the Customer shall notify all Authorized Users that the Publications are protected by copyright and the Authorized Users' access to and use of the Publications is subject to the restrictions and obligations contained in this Agreement. - The Customcr shall notify Publisher immediately promptly upon becoming awarc of any of thc following: (a) any loss, theft, or unauthorized use of any Password(s); (b) any breach of the Secured Network that could compromisc the security or integrity of the Publications or Password(s); or (c) any breach by an Authorized User of the terms of this Agreement. - 3.4 The obligations in this Clause 3 are designed to protect the security and authorized use of the Publications. The Publisher is reliant on the Customer fulfilling its obligations under this Agreement in order to accomplish this and, accordingly; upon the Publisher's request; the Customer shall terminate access to the Publications by any Authorized User whose actions or omissions contravene the terms of this Agreement untilsuch actions or omissions are remedied. goal - 3.5 The Publisher reserves the right to terminate or suspend the Customer's access to the Publications or any portion thereof (in addition to any other available remedies) if: - 3.5.1 the Publisher reasonably believes that any portion of the Publications is being accessed or used otherwise than in accordance with this Agreement (including, without limitation; in breach of this Clause 3 or Clause 2.4.2); provided that the Publisher will restore access when the matter has been resolved to the Publisher's reasonable satisfaction; or - 3.5.2 the Customer commits a material breach of this Agreement which cannot be remedied using ## RESPONSIBILITIES OF PUBLISHER - 4.1 If the Publisher is hosting the Publications; the Publisher shall use all reasonable efforts: - 4.1.1 to make each Publication available online to the Customer throughout that Publication's Publication Term; - 4.1.2 to ensure that the Server has sufficient capacity and rate of connectivity to provide the Customer with a quality of service consistent with current industry standards for publishers publishing materials online; - 4.1.3 to restore the Customer's access to the Publications as soon as possible in the event of an interruption or suspension of the service; and - 4.1.4 - 4.2 To the extent the following monthly usage reports are made available by the party hosting the Publication(s) on behalf of the Publisher (for clarity; this excludes any Publications self-hosted by the Customer) and subject to the last sentence of this Clause, the Publisher will make available to the Customer monthly usage reports throughout the Publication Term for each Publication; detailing the level of use of each Publication by the Customer's Authorized Users per month. The Publisher shall use reasonable efforts to ensure that such usage reports are compliant with the most recent release of the COUNTER Code of Practice for Joumals and Databases (available at The Customer acknowledges that the Publisher will not be able to providc accuratc usagc reports if the Customer stores the Publication(s) on any cache or proxy server, Or accesses the Publications through an agent gatcway. ## 5 PAYMENTS BY THE CUSTOMER - 5.1 In consideration of the access granted by Publisher under this Agreement, the Customer shall pay the Charges due to Publisher for each Publication within 30 of receipt of an appropriate invoice. days - 5.2 If the Customer is purchasing Publications through a Customer Agent, the Customer will pay the Charges for those Publications to the Customer Agent. If the Customer Agent fails to pay such sums to the Publisher, the Publisher may suspend access to any or all Publications or any portion thereof or may terminate this Agreement without liability to the Customer, and the Customer further agrees that its solc remedy in such circumstances would be against the Customer Agent and not the Publisher. The Publisher' s rights specified in this Clause are in addition to any rights and rcmedics that be available in law or equity. may - 5.3 Notwithstanding any other provision of this Agreement; the Publisher will not be obliged to access to a Publication; or continue to grant such access to the Customer; until the Charges or Renewal for that period have been received by the Publisher . grant Fees - 5.4 The Charges and (for Subscription Publications) any Renewal Fees be higher than the Charges or renewal fees for the previous 12 month period and may take into account; #ithout-limitatien, may Authorized Users. - 5.5 Tbe Customer shall pay all amounts due to the Publisher without any deduction andlor withholding other than such amount (if any) it is to dcduct andlor withhold by law andor upon othcr direction of any tax authority In the event that the Customcr is required to make such deduction andor withholding, the Customer shall notify Publisher before any deduction andor withholding is made and to the authority concerned and, further, shall, at the written request of the Publisher, do all in its power that may be necessary to enable or assist the Publisher to claim exemption or preferential rate therefrom under any double taxation andor similar agreement andor convention from time to time in force and shall provide the Publisher at the time of payment with such evidence as the Customer may possess and as may be reasonably required by the Publisher as to the deduction and payment of the tax and/or of the sums withheld. requircd such paid things ## ACKNOWLEDGMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS - 6.1 The Customer acknowledges as between the Publisher and the Customer, all copyrights; patent rights relating to the Publications; and the Publisher's trademarks OXFORD, and OXFORD UNIVERSITY PRESS (collectively the "Publisher Intellcctual Property"), are owned or controlled by Publisher; and the Customer further acknowledges that this Agreement does not convey to the Customer any right; title, or interest therein except for the right to access and use, and permit its Authorized Users to access use, the Publications in accordance with the terms and conditions of this Agreement. that, and - 6.2 The Customer acknowledges that neither it nor any of its Authorized Users may create any derivative work based on the Publications without the prior written permission of the Publisher. ## REPRESENTATIONS AND WARRANTIES - 7.1 the access conferred herein to the Customer, and that the Publications do not violate or infringe upon any patent; copyright; trademark, trade sccret or other proprietary or contract right of any third party. - 7.2 The Customer represents and warrants that it has the power and authority to enter into and perform this Agreement; and that the signatory for the Customer (including if this Agreement is signed by a Customer Agent on behalf of a Customer) bas the full power and authority to sign this Agreement on behalf of the Customer and bind the Customer to its obligations under this Agreement. - 7.3 THE PUBLISHER PROVIDES ACCESS TO THE PUBLICATIONS ON AN AS IS" BASIS\_ SAVE AS PROVIDED ABOVE AND TO THE EXTENT PERMITTED BY LAW, THE PUBLISHER GIVES NO WARRANTY, EXPRESS OR IMPLIED, AND MAKES NO REPRESENIATION THAT (I) THE PUBLICATIONS WILL BE OF SATISFACTORY QUALITY, SUITABLE FOR ANY PARTICULAR PURPOSE OR FOR ANY PARTICULAR USE UNDER SPECIFIED CONDITIONS, NOTWITHSTANDING THAT SUCH PURPOSE, USE, OR CONDITIONS MAY BE KNOWN TO PUBLISHER; OR (II) THAT THE PUBLICATIONS WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) THAT THE MATERIAL PUBLISHED IN THE PUBLICATIONS IS EITHER COMPLETE OR ACCURATE. - 7.4 IN NO CIRCUMSTANCES WILL THE PUBLISHER BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH PUBLISHER DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OR OPERATOR ERRORS; NOR FOR ANY CONSEQUENTIAL, {L0068254.1} INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OR LOSS OF PROFITS, INCLUDING IN THE FOREGOING CASES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR CORRUPTION OF DATA, LOSS OF PROGRAMS, LOSSES ARISING FROM INACCURACIES OR CORRUPTION CAUSED BY, THE PUBLICATIONS , LOSS OF BUSINESS OR GOODWILL, OR OTHER DAMAGES OR LOSSES OF ANY NATURE ARISING OUT OF THE ACCESS TO, OR INABILITY TO ACCESS THE PUBLICATIONS . IN, - 7.5 THE CUSTOMER AGREES THAT THE ENTIRE LIABILITY OF THE PUBLISHER TO THE CUSTOMER ANDIOR ITS AUTHORIZED USERS ANDIOR, IF THE CUSTOMER IS PURCHASING PUBLICATIONS THROUGH A CUSTOMER AGENT, TO THE CUSTOMER AGENT ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONIRACT, TORI, BY STATUTE OR OTHERWISE) IN ANY WAY CONNECTED WIIH THE USE OR INABILITY TO USE THE PUBLICATIONS WILL BE THE REFUND OF ANY SUMS ACTUALLY RECEIVED BY THE PUBLISHER UNDER THIS AGREEMENT FOR ACCESS TO THE AFFECTED PUBLICATIONS DURING THE TWELVE MONTH PERIOD IN WHICH THE CLAIM ARISES. ## 8 TERMINATION - 8.1 The Customer may terminate this Agreement at any time for convenience provided that, in such case, any outstanding Charges will be promptly and no refund of Charges will be due. paid any - 8.2 If a party commits a material breach of this Agrccment (and in tbe case of a breach capable of remedy fails to remedy the same within 30 of a written request to do so), thcn thc other party may terminate this Agreement with immediate effect by giving the breaching party written notice of termination. Without limitation; a breach by the Customer of the provisions of Clauses 2.3, 3.3, 4- and 5.1 above would constitute a material breach of this Agreement. The rights in this Clause are in addition to any rights and remedies that may be available in law or equity. days 3.1, - 8.3 The Publisher reserves the right to withdraw from the Publications; andor cease providing hosting services content that it no longer retains the right to provide access to or that it determines may be unlawful, defamatory, obscene, harmful, false, infringing or otherwise objectionable. for, ## GENERAL - 9.1 This Agreement is personal to the Customer and the acccss granted under it does not extend to its subsidiary or parent organisations (unless expressly provided herein), nOr may such acccss or any other rights or obligations under this Agreement be assigned by the Customcr without the prior written consent of the Publisher. The Publisher may assign any or all of its rights and obligations publish and distribute any Publication(s) . The rights and obligations of this Agreement will bind and benefit any successors and permitted assigns of the parties. attempted assignment in violation of tbis Clause will be null and void and of no force or effect. - 9.2 Except where expressly stated otherwise; all notices required to be given under this Agreement will be given in writing in English and left at or sent by first class registered or recorded delivery to the appropriate address shown at the head of this Agreement; or such other addrcss as the party concerned may from time to time dcsignate by notice pursuant to this Clause. Such notices will be deemed to be delivered (i) whcn Icft at the addressee's address; or (ii) if posted 10 (ten) after posting. All notices to Publisher shall be marked for the attention of thc Group Legal Director, All notices to the Customer shall be marked for the attention of the contact named in the cover pagc of this Agreement. - 9.3 Subject to Clause this Agreement constitutes the entire agreement of the parties about its subject matter, supersedes all communications; understandings and agreements (whether written or oral) relating to its subject matter . 9,4, prior - 9.4 existing perpetual access agreement between the Publisher and the Customer will remain in effect in relation to perpetual access purchases already made under such agreement to this journaL purchases;\_ provided however that any update(s) to such online products purchased by the Customer after this Agreement comes into force will be treated as a Publication and subject to the terms of this Agrecment. Any prior - 9.5 Subject to the requirements of any laws local to the parties: this Agreement may be executed in any number of counterparts, each of which when executed and delivered will constitute a duplicate original, but all the counterparts will together constitute the one agreement; and the parties agree to be bound by photocopy; scanned, facsimile; electronic or other copies; which will have the same effect for all purposes as an ink-signed original. - 9.6 they are recorded in writing and signed by\_both parties. - 9.7 Notwithstanding anything to the contrary herein; ncither the Customer nor the Publisher shall be responsible to the other for any failurc to perform any obligation under this Agreement due to Acts of God, war, riot; embargoes; acts of civil or military authorities, flood, typhoon, wind storm; snow storm, blizzard, hurricane, or other cause that is outside the control of the party and could be avoided by the exercise of due care. Notwithstanding the occurrence of any of the events set forth in this Clause; the parties shall at all times use reasonable efforts to perform all obligations under this Agreement in a timely manner, taking account of the existing circumstances. fire, not - 9.8 No provision in this Agreement is intended to be enforceable by any third party. - 9.9 The rights of the parties arising under this Agreement will not be waived except in writing; waiver of any of a party's rights under this Agreement or of any breach of this Agreement by thc other party will not be construed as a waiver of any other rights or of any othcr further breach. Any - 9.10 Headings used in this Agreement arc for convenience only and are decmed not to be part of the Agreement. - 9.11 toany third party\_except to the extent such disclosure is required bylaw. ## ANNEX 1 ADDITIONAL TERMS FOR SUBSCRIPTION PUBLICATIONS - 1 Except where expressly stated otherwise; the terms in this Annex will apply only in relation to Subscription Publications; if any; purchased under this Agrecmcnt. - 2 Except as set out in Annex 2 where expressly agreed otherwise in writing; following the expiry of the Subscription Period the Customer will not be entitled to continuing access to the Subscription Publication or any portion thereof. - 3 For each Subscription Publication; no later than 30 days before the end of the Subscription Period for that Publication; the Publisher shall notify the Customer of the Renewal Fees for the following 12 month period (or such other period as may be agreed by the parties) and shall invoice the Publication will be extended by that further period Payment for that period will be due to the Publisher within 30 from the date of the invoice. days ## ANNEX 2 ADDITIONAL TERMS FOR A JOURNALS SUBSCRIPTION - 1 Except where expressly stated otherwise, the terms in this Annex will apply only in relation to a Journals Subscription; if any; purchased under this Agreement:. - 2. Subject to Clause 3 of this Annex, and notwithstanding the expiry of the Subscription Period, the Customer will be entitled to perpetual access on the same terms as this Agreement to the portion(s) of the Joumals tbat were published for the first time during the Subscription Period, provided, if applicable, that the Customer shall pay any relevant Hosting Fees, following the same procedure for Hosting Fees set out in Annex 3, Clauses 3(a)-(e) will retain perpetual access rights to Publications as referenced in Clause 944 - 3 If the Publisher ceases to hold the publication rights to of the Journals; and is no longer able to provide the access thereto described in Clause 2 of this Annex, the Publisher shall make all reasonable efforts to ensure that continuing access is provided: any - a by the new publisher of the relevant Joumnal(s); or - b through Portico; CLOCKSS, or a similar 3rd party archive and in such case the Publisher shall provide all relevant details of the Customer to the 3rd party in order to enable access to the 3rd party archive by the Customer; provided that such access will be subject to Customer fulfilling the 3rd party's terms and condition for access; or - by providing the Customer with an electronic copy of the relevant portion(s) of the relevant Journal(s)for the purpose of self-hosting by the Customer; provided that this will be subject to the Publisher's approval and to the parties agreeing additional terms and conditions in connection with the Publisher providing the electronic copy and with the self-hosting of such electronic copy. - In this Clause Standard Rate Subseription - Standard Rate Subseriptions: ## ANNEX 3 ADDITIONAL TERMS FOR PERPETUAL ACCESS PUBLICATIONS - 1 Except where expressly stated otherwise; the terms in this Annex will apply only in relation to Perpetual Access Publications, if any; purchased under this Agreement. - 2 For the avoidance of doubt; in the case of Perpetual Access Publications; the Charges do not include perpetual access to any updates. Should any updates be published, may be purchased by the Customer, subject to payment of any Charges or fees. updates so purchased will bccome part of the Publications and subject to the terms of this Agreement. they - 3. Subject to Clause 4 of this Annex; the provisions rclating to services arc as follows: hosting - a The Publisher shall calculate the Hosting Fees payable for hosting services on the basis of a rolling twelve (12) month period or such other hosting period as may be specified by the Publisher . - b No later than sixty (60) before the end of any current hosting period, the Publisher may send the Customer an invoice for the Hosting for renewal of such hosting services for a further twelve (12) month period or such other period as may be specified by the Publisher . Tbese Hosting Fces may be higher than the Hosting Fees for the then current hosting period. If the Customer does not pay the Hosting Fees prior to commcncement of the hosting period to which relate, the Publisber may terminate such hosting services on writtcn notice to the Customer. days Fees they - If the Publisher does not wish to continue hosting all or any of the Publications; whether due to ceasing publication of the Publication in question or otherwise; it shall give the Customer not less than ninety (90) days' notice of the termination of such hosting services and shall credit the Customer all Fees applicable to the unexpired term of the then current hosting period on a pro rata basis. Hosting - If the Publisher terminates such hosting services pursuant to Clauses 3(b) or 3(c) of this Annex, above; the Publisher shall enable continuing access to the Publications in question by providing the Customer an electronic file containing the content of the Publications in XML format; or such other format as the Publisher may determine in its discretion; for the purpose of sclf-hosting by the Customer. Such provision will be subject to the parties agreeing additional terms and conditions in connection with the provision and selfhosting of such electronic copy. the avoidance of doubt; thc Publisher will not be obligated to provide the Customer with any Publication or part(s) thereof that the Publisher longer has the right to publish, grant access to or otherwise distribute in this way. This Agreement will apply (or will continue to apply), regardless of who is hosting the Publications; unless expressly stated otherwise herein. For no - 4 in to access to the of such Publications until all Update fees\_have for the relative Publications The Update fees are payable as follows: been paid - a. Ihe Publisher shall calculate\_the Update\_fees pavable\_for\_such Publications on the\_basis Publisher. ## 6. - b. such - 5. Except where Publisher is merely acting as a distributor for a third party's content; if the Publisher ceases to hold the publication rights of any of the Perpetual Access Publications; and is no longer able to provide access, the Publisher shall make all reasonable efforts to cnsure that continuing access is provided: - by the new publisher of thc relevant Publication; or - b. through Portico; CLOCKSS, or a similar 3rd party archive and in such case the Publisher shall provide all relevant details of the Customer to the 3rd party in order to enable access to the 3rd party archive by the Customer. Such access will be subject to Customer fulfilling the 3rd party's terms and condition for access; or - by providing the Customer with an electronic copy of the relevant Publications for the purpose of self-hosting by the Customer. Such provision will be subject to Publisher approval and the parties agrecing additional terms and conditions in connection with the provision and self-hosting of such electronic copy. - If the Publisher accepts an order for Perpetual Access Publications which includes any Pre-Publication Titles; the Publisher reserves the right; at any time to activating the Customer's access to such Pre-Publication Titles, to amend or cancel such order (as may be appropriate) to remove any one or more such Pre-Publication Titles from the order and the scope of this Agreement. For the avoidance of doubt; any such amendment or cancellation under this Clause will not extend to or otherwise affect any Publications in respect of which access has already been activated. prior - b If the Publisher amends or cancels an order in accordance with Clause 6(a) of this Annex, its sole liability to the Customer will be limited to the repaymcnt by the Publisher of any and all sums received by the Publisher under this Agrcement for the Pre-Publication Titles affected by such amendment or cancellation. ## SUBSCRIPTION PUBLICATIONS ## Online Products Grovc Art Online Grove Music Online Oxford Bibliographies Online Oxford Research Encyclopedias ## PERPETUAL ACCESS PUBLICATIONS Oxford Bibliographies Online DOxford Reference Library (ebooks are included in this resource) University\_Press\_Scholarship Online Journals including both title list and charges: ## 2019 Custom Collection = $ 84.565.02 Acta Biochimica et Biophysica Sinica Aesthetic Surgery Journal Age and Ageing Alcohol and Alcoholism American Journal 0f Clinical Pathology American Journal of Epidemiology American Journal of Hypertension Annals of Behavioral Medicine Annals of Oncology Applied Linguistics Archives of Clinical Neuropsychology Behavioral Ecology Bioinformatics of Reproduction Biology Biostatistics Brain Briefings in Bioinformatics British Medical Bulletin Carcinogenesis Cardiovascular Research ## SCHEDULE A ## PUBLICATIONS | Cerebral Cortex | |------------------------------------------------------------------------| | Chemical Senses | | Clinical Infectious Diseases | | Communication Theory | | Communication; Culture & Critique | | ELT Journal | | Endocrinology | | Environmental History | | EP Europace | | European Heart Journal | | European Heart Journal Cardiovascular Imaging | | European Journal of Cardio-Ihoracic Surgery | | European Journal of Public Health | | European Sociological Review | | Family Practice | | FEMS Microbiology Ecology | | FEMS Microbiology Letters | | FEMS Microbiology Reviews | | Geophysical Journal International | | Glycobiology | | Health Education Research | | Health Policy and Planning | | Health Promotion International | | Human Communication Research | | Human Reproduction | | Human Reproduction Update | | ILAR Journal | | Inflammatory Bowel Diseases | | International Immunology | | International Journal for Quality in Health Care | | Japanese Journal of Clinical Oncology | | ISLE: Interdisciplinary Studies in Literature and Environment | | JNCI: Journal of the National Cancer Institute | | Journal of Analytical Toxicology Journal of Antimicrobial Chemotherapy | | Journal of Chromatographic Science Joumnal of Communication | | Journal of Crohn's and Colitis | | Journal of Economic Geography | | Journal of Experimental Botany | | Journal of Heredity | |-----------------------------------------------------------------------------------| | Journal of Mammalogy | | Journal of Medical Entomology | | Journal of Neuropathology & Experimental Neurology | | Journal of Pediatric Psychology | | Journal of Petrology | | MHR: Basic science of reproductive medicine | | Molecular Biology and Evolution | | Monthly Notices of the Royal Astronomical Society | | Music Therapy Perspectives | | Mutagenesis | | Nephrology Dialysis Transplantation | | Neurosurgery | | Nicotine and Tobacco Research | | Notes and Queries | | Nutrition Reviews | | Occupational Medicine | | Pain Medicine | | Past & Present | | Protein Engineering, Design and Selection | | QJM: An International Journal of Medicine | | Rheumatology | | Schizophrenia Bulletin | | Social Problems | | Social Work | | Socio-Economic Review | | Systematic Biology | | The American Journal of Clinical Nutrition | | The British Journal of Criminology The British Journal of Social Work | | The English Historical Review | | The Journal of Clinical Endocrinology & Metabolism | | The Journal of Deaf Studies and Deaf Education The Journal of Infectious Diseases | | The Journal of Nutrition | | The Journals of Gerontology: Series A | | The Journals of Gerontology: Series B | | The Oral History Review | | Toxicological Sciences | | Transactions of The Royal Society of Tropical Medicine and Hygiene | ## SCHEDULE B ## SITES University of Kansas Libraries of 1425 Jayhawk Blvd , Rm 210-0, Lawrence; Kansas 66045-7544 University of Kansas Medical Center 2100 W. 39th Ave. Kansas City, KS 66160-7180 State of Kansas KU-146a (Rev. 05-2018; MAT 03-04-19) University of Kansas ## CONTRACTUAL PROVISIONS ATTACHMENT - 1 Controlling Provisions: It is expressly agreed that the temms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a of the contract in which this attachment is incorporated. terms that conflict or could be interpreted to conflict with this attachment are nullified. part Any7 - 2 Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the University of Kansas or any of its affiliates ("University") to defend, hold harmless; or indemnify any contractor or third party for any acts or omissions; The terms; conditions; and limitations of liability of the State of Kansas, the University, and their employees are defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq ) - Iermination Due Io Lack Of Fundinq Appropriation; If, in the judgment of the Director of Accounts and Reports, Department of Administration; sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, the University may terminate this agreement at the end of its current fiscal year. The University agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract; except that such notice shall not be required prior t0 90 days before the end of such fiscal year. Contractor shall have the right; at the end of such fiscal year, to take possession of any equipment provided under the contract for which it has not been The University will pay contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement under this provision; title to any such equipment shall revert t0 contractor at the end of the University's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor. paid. - 5 Required Non-Discrimination Provision: Contractor agrees to comply with all applicable state and federal anti-discrimination laws. Contractor specifically agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq ) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq ) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 @t seq ) (ADA) and to not discriminate against any person because of race; religion; color; sex; disability, national origin or ancestry; or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees; the phrase "equal opportunity employer" ; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and KS.A. 44-1116; (d) to include those provisions in subcontract or purchase order so that are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission or ifitis determined that the contractor has violated applicable provisions of ADA, such violation(s) shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the University. The provisions of this paragraph (except the provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the University cumulatively total $5,000 or less during the fiscal year. In accordance with the Governor's Executive Order 18-04, the University has policies prohibiting sexual available at http:llpolicy ku.edul and provide for confidentiality and anonymous reporting. they every discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities; and prohibit discrimination against all individuals based on their race, color, religion, sex; or national origin Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance - 6 Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given. - 7 Arbitration\_Damages\_Warranties: Notwithstanding any language to the contrary ; no interpretation of this contract shall find that the University has agreed to binding arbitration; or the payment of damages or penalties: Further, the University does not agree to pay attomey fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude; modify; disclaim or otherwise attempt to limit any damages or rights of action available to the University at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. - 8. Authority Io Contract: By signing this contract; the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof. - 9 Responsibility For Iaxes: The University shall not be responsible nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract:. for, - 10. Insurance: The University shall not be required to purchase any insurance against loss or damage to property or any other any such loss or damage. - 11 InformationlConfidentiality: As a state agency, the University's contracts are generally public records. Accordingly, no provision of this contract shall restrict the University's ability to produce this contract in response to a lawful request or from otherwise complying with the Kansas Open Records Act (K.S.A. 45-215 e seq ). Moreover, no provision of this contract shall be construed as limiting the Legislative Division of Post Audit disclosure and to limit the extent of such disclosure to the greatest extent permissible by\_law. from - 12. Ihe Eleventh\_Amendment: The Eleventh Amendment is an inherent and incumbent protection of the State of Kansas and need not be reserved, but the University here reiterates that nothing in or related to this contract shall be deemed a walver of the Eleventh Amendment. - 13. Campaiqn\_Contributions Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution: No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending cooperative agreement. - 14. Privacy o Student Records: Contractor understands that the University is subject to FERPA (Family Educational Rights and Privacy Act; 20 U.S.C. $ 1232g) and agrees to handle any student education records it receives pursuant to this Agreement in a manner that enables the University to be compliant with FERPA and its regulations. Contractor agrees to protect the privacy of student data and educational records in a commercially reasonable manner and shall not transmit; share; or disclose any data about a student without the student's written consent; except to other University officials who seek the information within the context of hislher professionally assigned of University's student educational records . ## APPENDIXA ## DATA SECURITY MEASURES (Revised MAT 3-4-19) The Following tems and conditions shall apply to the Contractor to the extent that Contractor owns, supports, or is otherwise responsible for host(s) network(s) environment(s) or provides technology products (including hardware or software) which may contain University Data (including Personal Data subject t0 the European Union General Data Protection Regulation (GDPR)): ## 1 - Contractor shall establish policies, procedures, and supporting business practices in order to implement and maintain a secure working environmentfor offices, rooms,facilities, and secure areas where sensitive infommation is created , modified , stored and transmitted. These policies should be part of an information security management program and include an overall Information Security as well as policies addressing security incident response; human resources security, physicallenvironmental security, access control, risk management, management of operations and communications , and information systems acquisition, development, and maintenance. Policy - b. Contractor shall require annual security awareness training for all staff that addresses password management, privacy and proper handling of sensitive infomation; physical security , social engineering; email and internet usage; proper use of encryption; viruses and malware, copyright; and reporting of suspicious activity or abuse - Contractor personnel and subcontractors shall agree to report all information security events within 24 hours of discovery. Contractor shall establish communication channels and business processes for the reporting of infommation security events. - d Contractor shall ensure that University Data will be stored in and transmitted between data centers in the United States. If stored in a multi-tenant environment; University Data shall be segregated from other data - e. Contractor represents and warrants that the design and architecture of Contractor's systems (including but not limited to applications and infrastructure) shall be informed by the principle of defense-depth; controls at multiple layers designed to protect the confidentiality, integrity and availability of data\_ - Contractor shall make appropriate personnel vettinglbackground checks, have appropriate separation of duties; and undertake other such workflow controls over personnel activities as necessary to safeguard University Data - 9 Contractor shall follow change management procedures designed to keep Contractor's systems current on security patches, and prevent unintended or unauthorized system configuration changes that could expose system vulnerability or lead to a Data Breach. - h. To the extent that the Work involves software that was developed, in wholeor part, by Contractor; then Contractor represents and warrants that such portion of the Work was developed within software development life cycle (SDLC) process that includes a control process intended to eliminate existing and potential security vulnerabilities. - Contractor shall have appropriate technical perimeter hardening: Contractor shall monitor its system and perimeter configurations and network traffic for vulnerabilities, indicators of activities by threat actors; andlor the presence of Malicious Code. - Contractor shall have access, authorization, and authentication technology appropriate for protecting University Data from unauthorized access Or modification, and capable of accounting for access to University Data The overall access control model of Contractors systems shall follow the principle of least privilege - k. Contractor shall conduct regular User Access reviews to ensure that user accounts are modified to remove access or de-provisioned in timely manner after an employee no longer requires access to University Data. Appropriate security measures, including but limited to password changes at regular intervals and multi-factor authentication shall be used to protect Contractor's employee accounts. - Contractor shall safeguard University Data with encryption controls over University Data both at in transit. Contractor shall discontinue use of encryption methods and communication protocols which become obsolete or have become compromised. - m. Contractor shall maintain a process for backup and restoration of data. Contractor represents and warrants that within the context of the Work; the appropriate members within Contractor's entity are included in and familiar with a business continuity and disaster recovery plan. - n. Contractor's facilities will have adequate physical protections, commensurate with leading industry practice for similar Work. Ingress and egress to secure areas shall be restricted and monitored by physical access control measures to ensure that only authorized personnel are allowed access. - 0. Contractor shall, at its own expense; conduct an infommation security and privacy risk assessment, no less than annually, in order to demonstrate; substantiate, and assure that the security and privacy standards and practices of Contractor meet or exceed the requirements set out in this Appendix. Upon written request; Contractor shall furnish University with an executive summary of the of the most recent risk assessment. Further: findings ## Intentionally deleted - If the of the risk assessment identifies either: a potentially significant risk exposure to University Data, or other issue indicating that security and privacy standards and practices of Contractor do not meet the requirements set out in this Appendix; then Contractor shall notify University to communicate the issues, nature of the risks, and the corrective active plan (including the nature of the remediation, and the time frame to execute the corrective actions) findings - P. The technical and organizational measures described In this section are subject to technological advancements and further development. Contractor is permitted to implement suitable alternative measures, as long as the alternative measures do not reduce the level of security applied to University Data. University shall regularly audit and assess compliance with the technical and organizational security measures. ## 2 COMPELLED DISCLOSURE If any member of Contractor is served with any subpoena, discovery request; court order; or other legal request disclosure of University Data; then Contractor shall promptly notify the University unless specifically prohibited by law from doing So. Notification is not prompt if, due to Contractor's delay, University lacks sufficient time to raise objections to the disclosure, obtain a protective order , otherwise protect University Data by limiting disclosure Contractor shall at University's expense; provide University prompt and commercially reasonable assistance in University's efforts to protect University Data. any ## APPENDIX A DATA SECURITY MEASURES (Revised MAT 3-4-19) ## 3 DATABREACH RESPONSE - a. If Contractor has reason to believe that Data Breach(es) may have network(s) or environment(s). then Contractor shall within 24 hours alert the University while also taking such immediate actions as may be necessary to preserve relevant evidence, identity the nature of the event, and contain any Data Breach. Within 2 business days of discovery; Contractor shall provide the University written notice infomation updates to help University understand the nature and scope of the event. Contractor shall advise University as to what infommation and assistance is needed from University in order to eliminate the cause, and mitigate the adverse effects of any Data Breach. Contractor shall prioritize devoting sufficient resources as may be required for this effort; - b is compelled by law to provide notification to third parties in particular manner , University shall control the time, place; and manner of such notification. - c. If recovery from the adverse effects of the Data Breach necessitates Contractor's assistance in the reinstallation of Contractor's technology product(s) (including hardware Or software) that are connected with the Work; then Contractor shall cause such assistance in reinstallation to be provided. If Contractor is responsible for the Data Breach, then reinstallation assistance shall be at no cost to the University. - d If it appears to the University; in its sole discretion; that services or technology provided by the Contractor are a source of the Data Breach, andpresent an discontinue use of that source of the Data Breach and the University's corresponding payment obligations under the contract shall be adjusted equitably .

- 8.1 The Customer may terminate this Agreement at any time for convenience provided that, in such case, any outstanding Charges will be promptly and no refund of Charges will be due. paid any - 8.2 If a party commits a material breach of this Agrccment (and in tbe case of a breach capable of remedy fails to remedy the same within 30 of a written request to do so), thcn thc other party may terminate this Agreement with immediate effect by giving the breaching party written notice of termination. Without limitation; a breach by the Customer of the provisions of Clauses 2.3, 3.3, 4- and 5.1 above would constitute a material breach of this Agreement. The rights in this Clause are in addition to any rights and remedies that may be available in law or equity. days 3.1, - 8.3 The Publisher reserves the right to withdraw from the Publications; andor cease providing hosting services content that it no longer retains the right to provide access to or that it determines may be unlawful, defamatory, obscene, harmful, false, infringing or otherwise objectionable. for,

bac0cf60-2b8d-4e55-85d3-1c2dc434b14c

Elsevier_2009_amdt30_eBks_refcbks_UCSB_REDACTED

## THIRTEETH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered an agreement dated 5 February 2009 (the "Agreement") as amended on 13 June 2011 and wish to amend the Agreement as set forth in this amendment Amendment") . into last NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below; and acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1- Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, authorized representatives as of 16 June 2011. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) [Text deleted] Na Exelutve [Text deleted] ELSEVIER B.V. Name Title: Managing Eirector; Global Sales & Customer Marketing; Science & Technology Amendment No. : 1-2304399331 2011 ## THIRTEETH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule Subscribed Products/ Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA SANTA BARBARA No. 1-2304399331 | Subscribed Products publisher | Access | 2011 | |-------------------------------------------------------------------------------------------------------------|-----------------------------|--------| | SciVerse@ ScienceDirect@ online Elsevier B.V. | sciencedirect.sciverse_ com | | | Elsevier eBooks Titles | | | | Elsevier Reference Works (perpetual access) Encyclopedia of Neuroscience Encyclopedia of Quaternary Science | | | | TOTAL FEES | | | ## Elsevier Reference Works Additional Terms and Conditions The perpetual access granted hereunder for the above reference work(s) is subject to payment of a one-time fee set forth in the fee table above and, after the initial year of the term of this Agreement, an annual access fee based on the number of chapters downloaded from such reference work(s) during the twelve (12) months at a rate of S0.081 per download, with a minimum annual fee of S500 (adjusted annually for inflation and cost increases) . The annual access fee will not be charged if the Subscriber maintains an annual subscription on SciVerse ScienceDirect online. Elsevier shall make available for inspection by a duly authorized auditor of the Subscriber, at the Subscriber's sole expense; the records concerning the calculation of such annual access fee one time per year during business hours upon (30) written notice to Elsevier . In the event that the Subscriber does not pay any reference work(s) annual access fee or maintain any annual subscription on ScienceDirect online; the Subscriber may; at its option; (1) acquire a copy of such reference work(s) in print; if available; at an eighty (80%) percent discount off the then current list price and/or (2) acquire; load and technically format on a server that enables access and use by Authorized Users an electronic copy of such reference work(s) for cost in accordance with the usage provisions of the Agreement. The copy may not contain links and other features and functionality associated with the online version. prior regular thirty days ## Elsevier eBooks Additional Terms and Conditions The perpetual access granted hereunder for the above eBooks is subject to payment of a one time fee set forth in the fee table above and, after the initial year of the term of this Agreement, an annual access fee based on the number of chapters downloaded from such eBooks during the twelve (12) months at a rate of S0.081 per download, with a minimum annual fee of S500 (adjusted annually for inflation and cost increases). The annual access fee will not be charged if the Subscriber maintains an annual subscription on SciVerse ScienceDirect online; Elsevier shall make available for inspection by a duly authorized auditor of the Subscriber, at the Subscriber's sole expense, the records concerning the prior calculation of such annual access fee one time per year during regular business hours upon (30) written notice to Elsevier . In the event that the Subscriber does not pay any eBooks annual access fee or maintain any annual subscription on SciVerse ScienceDirect online, the Subscriber may, at option; acquire, load and technically format on a server that enables access and use by Authorized Users an electronic copy of such eBooks for cost in accordance with the usage provisions of the Agreement. The copy may not contain links and other features and functionality associated with the online version. thirty days its ## ELSEVIER SUBSCRIPTION AGREEMENT Annex A to Schedule 1 Elsevier eBooks Titles | Product [D | ISBN | Elsevier eBooks Title | |---------------|---------------|-----------------------------------| | 9780123735539 | 9780123735539 | Encyclopedia of Marine Mammals |

d4e70cf5-fa94-43f7-a7b6-4877eef02b8c

STBrill_addend12_UCB_Redacted

## BRILL l'ublishcts and Regents of the Univc.-sity of California ljccnsc Agrccrnent Tl JIS .\DLlENDUl\l is made on the .10 day uf i\brch 2UJ 5. l\E'J \\'FEN: Brill Publtslwrs, 2 liberty Square, 11th floor I Boston, MA 02109 I USA l.iccnsor: ljccn.scc: Regents of lhc L~uh·cr;>ily of c~ilifornia, \Vith its princlp;tl ofi!tc.s at the Ca!ifornfo l)igilnl 1-.ibrary, tJniyersity of (~alifnrniai (\_)ffice of thl' Prc.sidcnt, •I j 5 20•h Stn:ct, .f-<! 1 Floor, ()aklancL C\ 94612 l'S.\ 'l'his i;.;. an ;\dd('nchnn to tht Brill Publi;-<hcrs and 'l'ht· R.cgcnts of the LJniver.sity of (~alifnrni11 1 ,lcense t\gn:l'l11l'JH (the "1\gn.:crncnt") :>igncd hy the J ,iccnsol' Seplc1nht::t 21, 200(1 and 1n:1dc hi.·t\\'l'C!l the .l .iccnsn1· ;111ll the J..iccn;:;ce: ## Fron1 the Date hctcofthe License Agrectncnt shall be an1cnc.lcd as follO\YS: - l. ]'he t.icensc<l "l\latcrl1,l:> shall il1cludc) cffr·cti\'C ?)Oi\-l~trch 20J5, in 11ddi1ion to that specified in the f ,iccl1SC 1\grec1ne11t, unli1nitcd \VL'b-b:t:<Cd :-\CCe:'>S fol' the lJnivcrsity Of (~aJifornJa) J)erkelty (incJuding› t:hc l~tl\Vrcncc Berkeley J ,ab) only to 1l1c fo!ltJ\ving: ## Japan Chronicle Online - 2, ~fhc ;\grcetncnt shall runain in full force and effect, and the 1cnns nf the ;\grce1nenl sh:1ll ;-1pply to ihc Jjccnscd f\.farcrinls set oul herein ns if it \V1,.~re included in the .-\gn:cllH'nt. - ?1. C)utright Purchase price· of - - 'L l!Hlirnitcd si1111.dt:111cous, pc11)tlUill ilCCcSS by l.~niV(Tsii-y or C~alirorni:i, B(:fk('lcy, ;\uthorizcd Users. 'I'hcre is no n1ainu.:11ance fee for i-hb resource. Date: Tille .i;!'.i?~M-+.·!e. ~'l>'~'e.&.to~. 0.f'.·fo~i::i[L ~~f;,,1 L.ib«u7 Regents of the lJnivcrsity of C<1liforni;-1

ca6873fe-aba1-4f48-be86-9f874bd0b3b3

ElsevierSD_2009_amdt34_UCB_Redacted

## THIRTY-FOURTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 5 February 2009 (the ~Agreement' as last amended on 7 September 2011 and wish to amend the Agreement as set forth in this amendment ("Amendment ) NOW; THEREFORE, in consideration of the mutual promises and covenants set forth below, and for such other good and valuable consideration; the receipt and sufficiency of which are hereby acknowledged; the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 . Except as specifically amended hereby; all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective, duly authorized representatives as of 1 November 2011. ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) [Text deleted] Title: [Text deleted] ELS Nam Title: Managíng Óirector, Global Sales & Customer Marketing; Science & Technology Amendment 1-2564271131 No: JAN 5 2012 ## THIRTY-FOURTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 Subscribed Products/ Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## UNIVERSITY OF CALIFORNIA BERKELEY No. 1-2564271131 | Subscribed Products publisher | Access | 2011 | |------------------------------------------------------------------------|----------------------------|--------| | SciVerse@ ScienceDirect@ online Elsevier B.V. | sciencedirect.sciverse com | | | Elsevier Reference Works (perpetual access) Comprehensive Biomaterials | | | | TOTAL FEES | | | ## Elsevier Reference Works Additional Terms and Conditions The perpetual access granted hereunder for the above reference work(s) is subject to payment of a one-time fee set forth in the fee table above and; after the initial year of the term of this Agreement; an annual access fee based on the number of chapters downloaded from such reference work(s) the twelve (12) months at a rate of $0.081 per download, with a minimum The annual access fee will not be charged if the Subscriber maintains an annual subscription on SciVerse ScienceDirect online. Elsevier shall make available for inspection by a duly authorized auditor of the Subscriber, at the Subscriber's sole expense, the records concerning the calculation of such annual access fee one time per year business hours upon (30) written notice to Elsevier . In the event that the Subscriber does not pay any reference work(s) annual access fee or maintain any annual subscription on ScienceDirect online; the Subscriber may, at its option; (1) acquire a copy of such reference work(s) in print; if available, at an eighty (80%) percent discount off the then current list price andlor (2) acquire; load and technically format on a server that enables access and use by Authorized Users an electronic copy of such reference work(s) for cost in accordance with the usage provisions of the Agreement. The copy may not contain links and other features and functionality associated with the online version. during prior during regular thirty days

9c5e31ad-a227-428c-95bb-cd35f09889a0

UMASS-OUP-Journals-License-2018_2020-FINAL

## MEMBER ORGANIZATION AGREEMENT ## JOURNALS LICENSE ## COMMERCIAL TERMS - 1 LICENSOR: THE CHANCELLOR, MASTERS, AND SCHOLARS OF THE UNIVERSITY OF OXFORD trading as OXFORD UNIVERSITY PRESS USA of 198 Madison Avenue, New York, NY 10016. This member organization agreement (the 'Agreement') is made and entered into by and between Oxford University Press USA ("the Licensor") and the organization set forth below ('Licensee'), acting as an agent on its own behalf and on behalf of its member institutions (the 'Participating Member Institutions'). Each reference to Participating Member Institution shall be construed as a reference to each and every institution individually. This Agreement sets forth the terms and conditions whereby the Licensee may, during the term hereof, grant Participating Member Institutions and each Participating Member Institution's respective Authorized Users (as defined below) the ability to access and make use of certain online products that are owned or controlled by the Licensor. - 2 Licensee: NORTHEAST RESEARCH LIBRARIES CONSORTIUM (NERL) c/o CENTER FOR RESEARCH LIBRARIES 6050 S. Kenwood Avenue, Chicago, IL 60637-2804 'Licensee' represents that it is authorized to act for and sign this Agreement on behalf of a group of libraries hereinafter known as the "Participating Member Institutions." Rights and responsibilities referenced in this Agreement in regard to "Licensee" shall apply to all the Participating Member Institutions covered under this Agreement; however, Licensee is responsible only for fulfillment of its individual responsibilities under this Agreement. Neither Licensee nor any other Participating Member Institution shall be liable for any breach or default of another Participating Member Institution. Participating Member Institutions (which include Licensee) are listed in Schedule B. Center for Research Libraries represents that it is an authorized signatory for Licensee and has all rights necessary to enter into this Agreement on Licensee's behalf, but shall have no liability for any conduct, action or inaction by Licensee or any Participating Member Institution or any person or entity affiliated with the foregoing or using Licensed Works through any Participating Member Institution, including without limitation any faculty, staff, student or any walk-in to any site. - 3 LICENSED WORK(S): The Licensed Works set out in Schedule A (as the same may be amended from time to time by written agreement of the parties provided herein). - 4 MEMBER(S): The Participating Member Institution(s) listed in Schedule B. - 5 CHARGES: The price set out in Schedule C are the Licensee's invoices concerning (i) access to the ## TERMS AND CONDITIONS ## 1 COMMENCEMENT AND DEFINITIONS | 1.1 | This Agreement shall be deemed to commence on date of signature by both parties; and shall apply to all orders for Licensed Works placed by the Licensee which are accepted by the Participating Member Institutions on or after such date. This Agreement shall continue thereafter, subject to earlier termination in accordance with its terms. | This Agreement shall be deemed to commence on date of signature by both parties; and shall apply to all orders for Licensed Works placed by the Licensee which are accepted by the Participating Member Institutions on or after such date. This Agreement shall continue thereafter, subject to earlier termination in accordance with its terms. | |----------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 1.2 | Regardless of when this Agreement commences or terminates, the Licensee, Participating Member Institutions, and Authorized Users may not use a Licensed Work outside of the Licensed Work Term for that Licensed Work unless expressly permitted to do so by the Licensor or as referenced under Annex 1 herein . Any such permitted use shall be subject to the terms of the Legal Notice(s) for the relevant Licensed Work(s). | Regardless of when this Agreement commences or terminates, the Licensee, Participating Member Institutions, and Authorized Users may not use a Licensed Work outside of the Licensed Work Term for that Licensed Work unless expressly permitted to do so by the Licensor or as referenced under Annex 1 herein . Any such permitted use shall be subject to the terms of the Legal Notice(s) for the relevant Licensed Work(s). | | 1.3 | Any order placed by the Licensee or Participating Member Institution for access to the Licensed Works will constitute an offer by the Licensee or Participating Member Institution to subscribe to or purchase the Licensed Works referred to therein subject to the terms of this Agreement. The Licensee or Participating Member Institution is responsible for ensuring that the terms of its order are complete and accurate. | Any order placed by the Licensee or Participating Member Institution for access to the Licensed Works will constitute an offer by the Licensee or Participating Member Institution to subscribe to or purchase the Licensed Works referred to therein subject to the terms of this Agreement. The Licensee or Participating Member Institution is responsible for ensuring that the terms of its order are complete and accurate. | | 1.4 | An order made pursuant to this Agreement shall only be deemed to be accepted when the Licensor issues a written acceptance of the order. | An order made pursuant to this Agreement shall only be deemed to be accepted when the Licensor issues a written acceptance of the order. | | 1.5 | In this Agreement, the words or phrases defined on the front page shall have the meanings set out there and the following expressions shall have the following meanings: | In this Agreement, the words or phrases defined on the front page shall have the meanings set out there and the following expressions shall have the following meanings: | | "Authorized User" | "Authorized User" | shall mean an individual who is authorized by the Licensee to access the Licensee's information services available through the Licensee's Secure Network and who is: | | | | · if the Licensee is an academic or educational institution or public library: (i) affiliated with the Licensee as a current student, faculty member, library patron, employee or contractor; or (ii) physically present on the Licensee's premises ;(iii) valid ID holders of Licensee and its Participating Member Institutions, regardless of the physical location of such persons and | | | | · in all other cases: an employee or contractor of the Licensee or an Affiliate; | | "Commercial Use" | "Commercial Use" | shall mean use for the purposes of monetary reward (whether by or for the Licensee, an Authorized User, or any other person or entity) by means of sale, resale, loan, transfer, hire, or other form of exploitation of the Licensed Works; | | 'Content-Specific License Terms" | 'Content-Specific License Terms" | shall mean, in relation to an article, chapter or any other portion of any Licensed Work, the specific license terms under which that material is published (for example, but not limited to, a Creative Commons license), as may be specified on the website of the Licensed Work. | | "Concurrency Restriction" | shall mean, for each Licensed Work, respectively, the maximum number of permitted concurrent Authorized Users for that Licensed Work, if applicable, as specified in Schedule A and/or in the relevant invoice and/or as otherwise agreed in writing; | |------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | "Fair Use" | shall mean use by the Licensee or an Authorized User (i) conforming to Paragraphs 107 and 108 of the U.S. Copyright Law as amended from time to time; | | "Journals" | shall mean online version of Licensor's journals listed in Schedule A; | | "Non-Commercial Text/Data Mining" | shall mean Text And Data Mining for the sole purpose of research for a non-commercial purpose; | | "Journals Subscription" | shall mean a purchased subscription for Journals; | | "Legal Notice" | shall mean, for each Licensed Work, the legal notice and/or terms of use of that Licensed Work as specified on the website for the Licensed Work in a document linked from the footer or header of the homepage; | | "Licensed Work Term" | shall have the meaning ascribed to it in Clause 2.1; | | "Licensor Trademarks" | shall mean the designations OXFORD, and OXFORD UNIVERSITY PRESS; | | "Material" | shall mean any abstract, article, index, advertising, or other material contained in the Licensed Works and accessed online; | | "Password(s)" | shall mean any password(s) given to the Licensee by the Licensor or created by the Licensee to access the Licensed Work(s)and any other passwords required by Authorized Users to access the Secure Network; | | "Pre-Publication Titles" | shall mean any Licensed Works which have not yet been published as at the date on which the Licensee's order therefor is received by the Licensor; | | "Secure Network" | shall mean a network (whether a stand-alone network or a virtual network within the Internet, accessible offsite) which is only accessible to Authorized Users. A cache server or any server or network which can be accessed by unauthorized Users is not a Secure Network; | | "Server" | shall mean either the Licensor's server or a third party server designated by the Licensor on which the Licensed Works are mounted and through which the Licensee and its Authorized Users may gain access to the Licensed Works by means of the World Wide Web; | |--------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | "Subscription Period" | shall mean, for each Subscription Licensed Work, respectively, a period commencing on the Subscription Start Date for that Licensed Work and expiring on the Subscription End Date for that Licensed Work and subject to renewal for successive periods in accordance with this Agreement; | | "Subscription Licensed Work" | shall mean a Licensed Work which is purchased on a subscription basis, as specified in Schedule A and/or in an invoice relating to this Agreement and/or as otherwise agreed in writing; | | "Subscription Start Date" | shall mean, for each Subscription Licensed Work, respectively, the date on which the subscription starts for that Licensed Work (as may be specified in Schedule A or C and/or in the relevant invoice and/or as otherwise agreed in writing); | | "Text And Data Mining" | shall mean, in relation to any Licensed Work(s) or any portion thereof, performing a computational analysis of anything recorded in that (those) Licensed Work(s) or portion; | | "Usage Rights" | shall mean, for each Licensed Work, respectively, the permitted use of that Licensed Work, as described in Clause 2 of this Agreement and in the Legal Notice for that Licensed Work; | ## 2 GRANT OF LICENSE, USAGE RIGHTS AND LIMITATIONS ON USE - 2.1 In this Agreement, 'Licensed Work Term' shall mean: - 2.1.1 the Subscription Period for Licensed Works in Schedule A; - 2.2 For each Licensed Work, respectively, Licensor grants the Licensee the non-exclusive and non-transferable right to grant its Participating Member Institutions, respectively, a non-exclusive and non-transferable right of access and subject to any Concurrency Restriction(s) and the terms of the Legal Notice for that Licensed Work (including any Usage Rights specified in the Legal Notice) to allow Authorized Users at the Sites for the purposes of research, teaching, and private study to: - 2.2.1 access the Server by means of a Secure Network in order to search the Licensed Work and to view, retrieve, and display portions thereof; - 2.2.2 save and print out single copies of portions of the Licensed Work; - 2.2.3 if the Participating Member Institution is an academic institution, incorporate links to the Licensed Work in electronic course packs , electronic reserves, and course management systems for use in connection with courses offered by the Participating Member Institution for academic credit provided that no person other than an Authorized User may use such links; - 2.2.4 if the Participating Member Institution is an academic institution, carry out Non-Commercial Text And Data Mining in relation to the Licensed Work or portions thereof, including making and storing copies provided that: - 2.2.4.1. such copies are made and stored only to the extent necessary for the purposes of such computational analysis; - 2.2.4.2. such copies are not transferred to any other person or used for any other purpose without the Licensor's consent; - 2.2.4.3. such copies are destroyed once they are no longer necessary for the relevant computational analysis; - 2.2.4.4. the Authorized Users acknowledge the use of the Licensed Work if any results of the computational analysis are published; and - 2.2.4.5. the Authorized Users comply with all Licensor usage policies communicated to them or made available to them, including without limitation any security measures and conditions of access; and, except as permitted by law, in all cases other than an academic institution carrying out Non-Commercial Text And Data Mining, the Participating Member Institution shall not carry out any Text And Data Mining without the Licensor's prior consent in writing; - 2.2.5 transmit links to the Licensed Work to other Authorized Users - 2.2.6 provide print or electronic copies of all or any part of the Licensed Work to national or international regulatory authorities for the purposes of, or in anticipation of, regulatory approval and/or trademark applications or other regulatory purposes in respect of the Participating Member Institution's products or services; - 2.2.7 transmit to a third-party colleague in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials for personal, scholarly, educational, or scientific research or professional use but in no case for monetary cause; it being acknowledged that such access and use of the Licensed Works shall be subject to Fair Use and nothing in this Agreement will limit the Authorized Users' rights to make Fair Use of the Licensed Works. - 2.3 For the avoidance of doubt the Licensee, Participating Member Institution, and Authorized Users may not: - 2.3.1 remove or alter Licensor's copyright notices or other means of identification or disclaimers as they appear in the Licensed Works; - 2.3.2 systematically make multiple printed or electronic copies of portions of the Licensed Works for any purpose except as permitted by law or as authorized by Licensor; - 2.3.3 display or distribute any part of the Licensed Works on any electronic network, including without limitation, the Internet and the World Wide Web, other than the Secure Network; - 2.3.4 permit anyone other than Authorized Users to access or use the Licensed Works; except as permitted in 2.2.7 above; - 2.3.5 use all or any part of the Licensed Works for any Commercial Use. - 2.4 For the Purposes of clarity, the grant and benefit of the Participating Member Institutions and Authorized Users is dependent upon the continued license between the Licensee and the Licensor. Should this Agreement terminate midterm, the Licensee will notify its Participating Member Institutions prior to such termination so that, in the event that the Licensor is hosting the Licensed Works, the Participating Member Institutions can make other authorized arrangements for the access to the Licensed Works. - 2.5 The Licensor reserves the right to withdraw the Licensee's or Participating Member Institutions access to any or all Licensed Works which Licensor is hosting or any portion thereof in the event that it reasonably believes that one, some or all of any portion of the Licensed Works is being used otherwise than in accordance with this Agreement (e.g. without limitation, in breach of Clause 2.3.2). Licensor shall promptly send written notice of such withdraw to the Participating Member Institution. In such event, the Licensor will restore access only when the matter has been satisfactorily resolved. - 2.6 Licensee may fulfill requests from other institutions, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC §108, "Limitations on exclusive rights: Reproduction by libraries and archives "), which permits, under certain circumstances and conditions, the isolated and unrelated reproduction and distribution by a library of a copy of the copyright protected material if such reproduction and distribution is made without any purpose of commercial advantage and provided that the lending institution is not aware nor does it have substantial reason to believe that, in so doing, it is engaging in the related or concerted reproduction or distribution of multiple copies of that material. - 2.7 In the case of any conflict or ambiguity between: - 2.7.1 the Usage Rights specified in this Clause 2 and the Usage Rights specified in the Legal Notice for any Licensed Work, this Clause 2 shall take precedence in respect of that Licensed Work; - 2.7.2 Express provisions of this Agreement shall apply if in conflict to exclusions or limitations set out in the website legal notice. - 2.8 The parties acknowledge that Licensor published journal author rights are made publicly available on the Licensor's Academic website. As of the date of this Agreement, the rights made available to authors can be found in Schedule D. This amendment will be reviewed annually to ensure it is the most current policy applied by OUP. ## 3 RESPONSIBILITIES OF THE LICENSEE - 3.1 The Licensee agrees to notify the Licensor of changes to the access control records and billing or contact details in respect of the Participating Member Institution and upon the Licensor's request, the Licensee will cause the Participating Member Institutions to provide the Licensor with all identifying information, including IP address ranges, relating to the Participating Member Institution and its Authorized Users as may be necessary to enable the Licensor to set up and to activate the Participating Member Institution's access to the Licensed Works. - 3.2 The Licensee agrees to the following terms: - 3.2.1 to use reasonable efforts to ensure that Participating Member Institutions and Authorized Users comply with the terms of this Agreement; - 3.2.2 to use reasonable efforts to ensure that Participating Member Institutions shall restrict and control unauthorized access to the Licensed Works; - 3.2.3 to notify the Licensor of any breach that the Licensee becomes aware of by a Participating Member Institution or an Authorized User of the terms of this Agreement upon becoming aware of any such breach; - 3.2.4 upon becoming aware of any breach of the terms of this Agreement by a Participating Member Institution or an Authorized User, the Licensee shall notify and work with the Licensor and Participating Member Institution to correct such breach. - 3.3 The Licensee agrees to use reasonable efforts to ensure that Participating Member Institution shall notify both the Licensee and the Licensor as soon as practicable if the Member should become aware of any of the following: - 3.3.1 any loss or theft of the Participating Member Institution's or any Authorized User's password. - 3.3.2 any unauthorized use of any Participating Member Institution's or any Authorized User's password. - 3.4 The Licensee further agrees to cooperate with the Licensor and to cause its Participating Member Institutions to cooperate with the Licensor to correct such breaches and acknowledges that OUP USA will have the right to terminate access to the Licensed Works, and/or require that, as applicable, the relevant Participating Member Institution terminates access of the persons making such unauthorized use of the Licensed Works. - 3.5 Any failure on behalf of the Licensee to fulfill its obligations under this Paragraph shall be considered to be a material breach of this Agreement. ## 4 RESPONSIBILITIES OF THE PARTICIPATING MEMBER INSTITUTION - 4.1 If the Licensor is hosting the Licensed Works, the Licensee will provide the Licensor on request with all identifying information, including IP address ranges, relating to the Participating Member Institution and their Authorized Users necessary to enable the Licensor to set up and activate the Participating Member Institution's access to the Licensed Works. - 4.2 The Participating Member Institution will obtain at its cost all telecommunications and other equipment and software (including an Internet browser and portable document file reader) together with all relevant software licenses necessary to access the Licensed Works online via the Participating Member Institution's Secure Network. - 4.3 The Participating Member Institution shall: - 4.3.1 be responsible for the confidentiality and use of the Password(s); - 4.3.2 use reasonable efforts to: - 4.3.2.1 ensure its Authorized Users' compliance with the terms of this Agreement; - 4.3.2.2 ensure that only Authorized Users are permitted access to the Licensed Works by means of the Participating Member' Institution's Secure Network; - 4.3.2.3 restrict and control unauthorized access to the Licensed Works and to any Participating Member Institution user names, passwords or other access control mechanisms provided by the Licensor; - 4.3.3 use reasonable efforts to ensure that all Authorized Users are made aware that the Licensed Works are protected by copyright and the Authorized Users' use of the Licensed Works is subject to the restrictions and obligations contained in this Agreement. - 4.4 The Participating Member Institution will use reasonable efforts to notify Licensor immediately if it becomes aware of any of the following: (a) any loss or theft of the Password(s); (b) any unauthorized use of any of the Password(s) or other access control mechanisms; or (c) any breach by an Authorized User of the terms of this Agreement. - 4.5 The Participating Member Institution shall notify Licensor promptly (i) of the circumstances of which it is aware surrounding any unauthorized access, possession, or use of the Licensed Works, or Licensor intellectual property, or any portion thereof; and (ii) on becoming aware of any claim by any third party that the Licensed Works infringe an intellectual property or proprietary right of any third party. - 4.6 The Licensee acknowledges that the obligations in this Clause 4 are primarily directed at ensuring the security of the Licensed Works and that the Licensor is reliant on the Participating Member Institutions fulfilling these obligations to ensure that security. Accordingly, upon the Licensor's request, the Participating Member Institutions shall terminate access to the Licensed Works of any Authorized User whose actions or omissions constitute a breach of the terms of this Agreement (or would constitute such a breach if they were a party to it) and, further, upon any breach of this Clause 4 by the Participating Member Institution, the Licensor reserves the right to terminate or suspend the Participating Member Institutions access to the Licensed Works, in addition to any other available remedies. ## 5 RESPONSIBILITIES OF LICENSOR - 5.1 Licensor shall provide the Licensee with a customer number necessary to enable the Licensee to set up and activate the Participating Member Institution's online access to the Licensed Works. - 5.2 If the Licensor is hosting the Licensed Works, the Licensor shall use all reasonable efforts: - 5.2.1 to make the Licensed Works available by means of the World Wide Web to the Participating Member Institution throughout the Licensed Work Term for each Licensed Work, respectively; - 5.2.2 to ensure that the Server has sufficient capacity and rate of connectivity to provide the Licensee with a quality of service consistent with current standards in the World Wide Web on-line information provision industry; and - 5.2.3 to restore access to the Licensed Works as soon as possible in the event of an interruption or suspension of the service. - 5.2.4 to use reasonable efforts to ensure that the online content represents accurate and timely replications of the corresponding content contained within the print versions of such Materials, while acknowledging that Licensor may not always be able to obtain rights to third party material contained within the print, and will endeavor to make substitutions that ensure the text remains relevant in the online version. - 5.2.5 to use reasonable efforts to provide the Licensed Works with a quality of service consistent with industry standards, specifically to provide continuous service with a minimum of 96% up-time per subscription, with a maximum 4% down-time including schedule maintenance and repairs performed at a time to minimize inconvenience to the Participating Member Institutions and its Authorized Users and restore the service as soon as possible in the event of an interruption or suspension of service. For the avoidance of doubt, unexpected maintenance may occur and the Licensor endeavors to inform the Licensee in a timely manner in such circumstance. - If the Licensed Works fail to operate in conformance with the terms of this Agreement, Licensee shall immediately notify Licensor, and Licensor shall promptly use reasonable efforts to restore access to the Licensed Works as soon as possible. In the event that Licensor fails to repair the nonconformity in a reasonable time, Licensor shall reimburse Licensee in an amount that the nonconformity is proportional to the total Fees owed by Licensee under this Agreement. - 5.2.6 to provide Licensed Works in compliance with the Level AA criteria of the Web Content Accessibilities Guidelines (WCAG) 2.0 as published by the World Wide Web Consortium's Web Accessibility Initiative, which may be found at: http://www.w3.org/WAI/WCAG20/quickref/ - 5.2.7 to provide, upon request, Participating Member Institutions and Authorized Users with a copy of the Licensed Work in a mutually-agreed upon format and delivered via mutually-agreed upon medium ## for the purposes of text and data mining subject to clause 2.2.4. - 5.3 Where possible, Licensor agrees to make available to the Licensee monthly usage reports by Participating Member Institutions throughout the Licensed Work Term for each Licensed Work which is hosted by the Licensor. The anonymized report details the level of use of each Licensed Work by the Participating Member Institutions Authorized Users per month, but only to the extent such monthly usage reports are made available by the party hosting the Licensed Work(s) on behalf of the Licensor. This report will not identify individual Authorized User usage, but will be provided in respect of the IP address range(s) given by the Licensee in the Online Registration Materials as a whole. The Licensor shall use reasonable endeavors to ensure that such usage reports are compliant with the most recent release of the COUNTER Code of Practice for Journals and Databases. The Licensee acknowledges that the Licensor will not be able to provide accurate usage reports if the Participating Member Institution stores the Licensed Work(s) on any cache or proxy server, or accesses the Licensed Work(s) through an agent gateway. - 5.4 The Licensor reserves the right to withdraw from the Licensed Works and/or cease providing hosting services for content that it no longer retains the right to provide or that it determines may be unlawful, defamatory, obscene, harmful, false, infringing or otherwise objectionable. The Licensor shall promptly notify the Licensee in writing of any such withdrawal. - 5.5 The Licensor reserves the right to suspend access to the Licensed Works in the event of any unauthorized use of the Licensed Works, in addition to any other available remedies. The Licensor shall promptly notify the Licensee in writing of any such suspension. - 5.6 Throughout the Licensed Work Term for each Licensed Work, if the Licensor is hosting that Licensed Work, Licensor shall itself provide, or arrange for the provision by a third party, of customer support services to the Licensee. - 5.7 Licensor shall provide Participating Member Institutions with options to place branding of the Participating Member Institution's logo and/or banner on pages and services associated with content covered under this agreement. - 5.8 Licensor shall not place advertising in respect of third party products on Publisher owned or controlled website pages on which the Licensed Works are made available. For the avoidance of doubt, this does not include advertising that is part of the Licensed Works itself such as ads found within journals, magazines, archival or primary source material, etc. - 5.9 Licensor shall give notice to the Licensee that content will be moving to a new platform no less than sixty (60) days before the migration commences. The Licensor will provide the Licensee with a migration timeline and, where possible, a preview environment. Licensor shall use reasonable efforts to provide continuous service throughout any platform migrations, ensuring that Licensee does not lose access to content. ## 6 FEES AND PAYMENT - 6.1 In full consideration of the rights granted by the Licensor under this Agreement and for the Licensor's performance of its obligations under this Agreement, the Licensee will pay to the Licensor the fees due and owing from the Participating Member Institutions for the purchase and hosting of the Licensed Works pursuant to the terms of Schedule C and any applicable sales, use, excise or similar taxes. - 6.2 For Subscription Products, Subscription Periods shall be for one year's duration, beginning on the Activation Date. Perpetual Access Products shall provide for Hosting Periods of one year's duration, beginning on the Activation Date, and continuing for successive one-year periods thereafter unless and until the Participating Member Institution elects to self-host in which case, fees shall be adjusted at the annual renewal period. - 6.3 During the Term, the Licensor will invoice the Licensee annually before the end of the Term. Such invoices will be issued in accordance with the price list and discount schedule set forth in Schedule C to this Agreement. The Licensee will remit payment within sixty (60) days of receipt of invoice. - 6.4 In the event that the Licensee fails to timely pay the Licensor the fees due, the Licensor shall deliver to the Licensee written notice of such delinquency. If the delinquency is not cured within sixty (60) calendar days of the date of the notice, the Licensor may, in addition to any remedies available to it in connection with Paragraph 11.1, and without further notice, terminate the access of the Participating Member Institution and their Authorized Users to the Licensed Works without thereby incurring any liability to the Participating Member Institution or its Authorized Users pending such payment; and ## 6.5 INTENTIONALLY LEFT BLANK - 6.6 Both parties recognize that the financial performance by Participating Member Institutions may be dependent upon the appropriation of funds by their representative state legislature, or the availability of funding from other institutional sources. Should there be a failure to appropriate the necessary funds, or if appropriations are reduced during the fiscal year, or funding becomes otherwise not legally available, the Licensee may request mitigation of Participating Member Institution(s) site(s) for the remaining years of the term without prejudice against other Participating Member Institution sites. ## 7 ADDITIONAL TERMS - 7.1 The terms in Annex 1 shall only apply in the following circumstances: - 7.1.1 For each Journals Subscription, the terms in Annex 1 shall apply in relation to that Journals Subscription. ## 8 ACKNOWLEDGMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS - 8.1 The Licensee and Participating Member Institution acknowledges that all copyrights, patent rights, Licensor Trademarks, services marks, database rights, trade secrets and other intellectual property rights relating to the Licensed Works (collectively the "Licensor Intellectual Property"), are owned or controlled by Licensor and that this Agreement does not convey to the Licensee, Member Organization or Participating Member Institution any right, title, or interest therein except for the right to use the Licensed Works in accordance with the terms and conditions of this Agreement. - 8.2 The Licensee acknowledges that neither it nor any Participating Member Institution or Authorized User may create any derivative work based on the Licensed Works except as permitted by Clause 2.2.4 or with the prior written permission of the Licensor. ## 9 REPRESENTATIONS AND WARRANTIES - 9.1 LICENSOR REPRESENTS AND WARRANTS THAT IT HAS THE POWER TO ENTER INTO THIS AGREEMENT AND TO GRANT THE RIGHTS CONFERRED HEREIN TO THE LICENSEE AND THAT THE LICENSED WORKS DO NOT VIOLATE OR INFRINGE UPON ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHT OR CONTRACT RIGHT OF ANY THIRD PARTY. - 9.2 LICENSOR PROVIDES THE LICENSED WORKS ON AN 'AS IS' BASIS. SAVE AS PROVIDED ABOVE AND TO THE EXTENT PERMITTED BY LAW, LICENSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AND MAKES NO REPRESENTATION THAT (I) THE LICENSED WORKS WILL BE OF SATISFACTORY QUALITY, SUITABLE FOR ANY PARTICULAR PURPOSE OR FOR ANY PARTICULAR USE UNDER SPECIFIED CONDITIONS, NOTWITHSTANDING THAT SUCH PURPOSE, USE, OR CONDITIONS MAY BE KNOWN TO LICENSOR; OR (II) THAT THE LICENSED WORKS WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) THAT THE MATERIAL PUBLISHED IN THE LICENSED WORKS IS EITHER COMPLETE OR ACCURATE. - 9.3 IN NO CIRCUMSTANCES WILL LICENSOR BE LIABLE TO THE LICENSEE, PARTICIPATING MEMBER INSTITUTION, OR ANY THIRD PARTY FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH LICENSOR DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OR OPERATOR ERRORS. - 9.4 IN NO CIRCUMSTANCES WILL LICENSOR BE LIABLE TO THE LICENSEE OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OR LOSS OF PROFITS INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR CORRUPTION OF DATA, LOSS OF PROGRAMS, LOSSES ARISING FROM INACCURACIES IN, OR CORRUPTION CAUSED BY, THE LICENSED WORKS, LOSS OF BUSINESS OR GOODWILL, OR OTHER DAMAGES OR LOSSES OF ANY NATURE ARISING OUT OF THE USE OF, OR INABILITY TO USE THE LICENSED WORKS. - 9.5 THE LICENSEE AGREES THAT THE ENTIRE LIABILITY OF LICENSOR TO THE LICENSEE ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, BY STATUTE OR OTHERWISE) IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE LICENSED WORKS SHALL BE THE REFUND OF ANY SUMS ACTUALLY RECEIVED BY THE LICENSOR UNDER THIS AGREEMENT FOR THE AFFECTED LICENSED WORKS DURING THE TWELVE MONTH PERIOD IN WHICH THE CLAIM ARISES. - 9.6 THE PARTICIPATING MEMBER INSTITUTION HAS IN PLACE APPROPRIATE POLICIES AND DISCIPLINARY PROCEDURES REGARDING THE MISUSE OF ONLINE TOOLS SUCH AS THE LICENSED WORK(S). - 9.7 THE SIGNATORY FOR THE LICENSEE OF THIS AGREEMENT REPRESENTS AND WARRANTS TO LICENSOR THAT S/HE HAS THE POWER AND AUTHORITY TO EXECUTE THIS AGREEMENT ON BEHALF OF THE LICENSEE, AND WHICH LICENSEE AGREES TO BE BOUND BY ALL TERMS CONTAINED HEREIN. ## 10 TERMINATION - 10.1 The Licensee may terminate this Agreement at any time for convenience provided that, in such case, no refund of any Charges shall be due. - 10.2 Either party may terminate this Agreement forthwith by serving written notice on the other in the event that the other party commits a material breach of this Agreement and in the case of a breach capable of remedy fails to remedy the same within 30 days of a request to do so. Without limitation, a breach by the Licensee, Participating Member Institutions, or Authorized Users of the provisions of Clauses 2.3, 3.1, 3.3, 3.4 and 6.1 above would constitute a material breach of this Agreement. The rights in this Clause are in addition to any rights and remedies that may be available in law or equity. ## 10.3 INTENTIONALLY LEFT BLANK . ## 10.4 INTENTIONALLY LEFT BLANK . ## 11 GENERAL - 11.1 This Agreement is personal to the Licensee and the rights granted under it do not extend to its subsidiary or parent organizations, nor may such rights be assigned or sublicensed without the prior written consent of the Licensor. The Licensor may assign any or all of its rights and obligations under this Agreement to an affiliate, a successor to its business or a transferee of Licensor's right to publish and distribute any Licensed Work(s). The rights and obligations of this Agreement will bind and benefit any successors and permitted assigns of the parties. Any attempted assignment in violation of this Clause will be null and void and of no force or effect. - 11.2 Except where expressly stated otherwise, all notices required to be given under this Agreement shall be given in writing in English and left at or sent by first class registered or recorded delivery to the appropriate address shown at the head of this Agreement, or by electronic mail provided the Licensee has acknowledged receipt of the notice; or such other address as the party concerned shall from time to time designates by notice pursuant to this Clause. Such notices shall be deemed to be delivered (i) when left at the addressee's address; or (ii) if posted 10 (ten) days after posting. All notices to Licensor shall be marked for the attention of the Group Legal Director. All notices to the Licensee shall be marked for the attention of the contact named in the cover page of this Agreement. - 11.3 Subject to Clause 11.4, this Agreement constitutes the entire agreement of the parties about its subject matter, supersedes all prior communications, understandings and agreements (whether written or oral) relating to its subject matter. - 11.4 In some instances, a Participating Member Institution may have an existing agreement with Licensor which is still in term and has not otherwise been terminated. The existing Agreement does not cover the Licensed Works accessed through the Licensee under this Agreement. - 11.5 Subject to the requirements of any laws local to the parties, this Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement. The parties agree to be bound by photocopy, scanned, facsimile, electronic, or other copies, which shall have the same effect for all purposes as an ink-signed original. ## 11.6 This Agreement may be amended by agreement in writing executed by both parties. Notice of any proposed amendments to this Agreement may be delivered to the Licensee by the Licensor electronically through the Licensor's online customer support account management system. - 11.7 Neither the Licensor nor the Licensee shall be responsible to the other for any failure to perform any obligation under this Agreement due to Acts of God, war, riot, embargoes, acts of civil or military authorities, fire, flood, typhoon, wind storm, snow storm, blizzard, hurricane, or other cause that is outside the control of the party and could not be avoided by the exercise of due care. Notwithstanding the occurrence of any of the events set forth in this Clause, the parties shall at all time use reasonable efforts to perform all obligations under this Agreement in a timely manner, taking account of the existing circumstances. ## In this section 11.8: - (i) 'Official' includes any: (a) official or employee of any government or instrumentality of government, including any government-controlled commercial enterprise; (b) political party or party official; and (c) any candidate for political office; and - (ii) 'Affiliate' shall mean, in relation to a party, a person who is, from time to time, a subsidiary or parent of that party, or is a subsidiary of that party's parent. - 11.8.1 The Licensee represents and warrants that it shall not act, or omit to act, in such a way as to give rise to a breach by it, or any of its Affiliates, of any applicable law related to bribery, corruption or any related matter, including, without limitation, the laws of the United States and the laws of England and Wales. - 11.8.2 The Licensee represents and warrants that it shall not offer, promise, pay, give or authorize (tacitly or otherwise) any financial or other advantage, on behalf of Licensor: - (i) To any person in order to induce that person improperly to perform a function or activity in connection with a business or organization, a person's employment or a public function; or (ii) To any Official to influence that Official in connection with obtaining business or a business advantage for Licensor; - 11.9 No provision in this Agreement is intended to be enforceable by any Third Party. - 11.10 The rights of the parties arising under this Agreement shall not be waived except in writing. Any waiver of any of a party's rights under this Agreement or of any breach of this Agreement by the other party shall not be construed as a waiver of any other rights or of any other further breach. - 11.11 Headings used in this Agreement are for convenience and are deemed not to be part of the Agreement. - 1. Except where expressly stated otherwise, the terms in this Annex shall only apply in relation to a Journals Subscription, if any, purchased under this Agreement. - 2. Subject to Clause 3 of this Annex, and notwithstanding the expiry of the Subscription Period the Participating Member Institution shall be entitled to continuing access to the Journals or portion(s) thereof that were published for the first time during the Subscription Period on the same terms as this Agreement, provided that the Licensee shall pay any relevant hosting fees. - 3. If the Licensor ceases to hold the publication rights of any of the Licensed Works, and is no longer able to provide the access described in Clause 2 of this Annex, the Licensor shall, in consultation with Participating Member Institution, make all reasonable efforts to ensure that continuing access is provided: - a. by the new publisher of the relevant Licensed Work; or - b. if the Licensor ceases to hold the publication rights of any of the Licensed Works, and is no longer able to provide the access described in Clause 2 of this Annex, the Licensor as a participating publisher in the NISO Transfer Code of Practice, shall, in consultation with Participating Member Institution, ensure that the journal content remains easily accessible during the transfer process; or - c. through Portico, CLOCKSS, or a similar 3rd party archive and in such case the Licensor shall provide all relevant details of the Licensee and Participating Member Institutions to the 3rd party in order to enable access to the 3rd party archive by the Licensee and Participating Member Institutions. Such access will be subject to the Licensee's fulfilling the 3rd party's terms and condition for access; or - d. by providing the Participating Member Institution with an electronic copy of the relevant Licensed Works for the purpose of self-hosting. Such provision will be subject to Licensor approval and the parties agreeing additional terms and conditions in connection with the provision and self-hosting of such electronic copy. - 4. In this Clause, "Standard Rate Subscription" shall mean a full rate institutional subscription for Journals taken out by a Participating Member Institution directly with the Licensor (i.e. not via a consortium or network): - a. The Charges are conditional on each Participating Member Institution retaining any Standard Rate Subscription that it held directly with the Licensor in the year preceding the Subscription Start Date. - b. If a Participating Member Institution fails to renew any Standard Rate Subscription or replace any such Standard Rate Subscription with Standard Rate Subscription of an equal or higher value, then the Charges will be increased by an amount equivalent to the online-only subscription rate current at the time of the Subscription Start Date for each cancelled Standard Rate Subscription. - c. For the avoidance of doubt, Clause 4(b) of this Annex shall not apply if a Participating Member Institution has converted a Standard Rate Subscription to an online-only model rate subscription. ## JOURNALS | 2018 Oxford Journal Titles | Print ISSN | Online ISSN | Website | |------------------------------------------------|--------------|---------------|-----------------------------------| | Acta Biochimica et Biophysica Sinica | 1672 9145 - | 1745 7270 - | academic.oup.com/abbs | | Adaptation | 1755 0637 - | 1755 0645 - | academic.oup.com/adaptation | | Advances in Nutrition | 2161 8313 - | 2156 5376 - | academic.oup.com/adavances | | Aesthetic Surgery Journal | 1090 820X - | 1527 330X - | academic.oup.com/asj | | African Affairs | 0001 9909 - | 1468 2621 - | academic.oup.com/afraf | | Age and Ageing | 0002 0729 - | 1468 2834 - | academic.oup.com/ageing | | Alcohol and Alcoholism | 0735 0414 - | 1464 3502 - | academic.oup.com/alcalc | | American Entomologist | 1046 2821 - | 2155 9902 - | academic.oup.com/ae | | American Historical Review | 0002 8762 - | 1937 5239 - | academic.oup.com/ahr | | American Journal of Agricultural Economics | 0002 9092 - | 1467 8276 - | academic.oup.com/ajae | | American Journal of Clinical Nutrition | 0002 9165 - | 1938 3207 - | academic.oup.com/ajcn | | American Journal of Clinical Pathology | 0002 9173 - | 1943 7722 - | academic.oup.com/ajcp | | American Journal of Comparative Law | 0002 919X - | 2326 9197 - | academic.oup.com/ajcl | | American Journal of Epidemiology | 0002 9262 - | 1476 6256 - | academic.oup.com/aje | | American Journal of Hypertension | 0895 7061 - | 1941 7225 - | academic.oup.com/ajh | | American Journal of Jurisprudence | 0065 8995 - | 2049 6494 - | academic.oup.com/ajj | | American Journal of Legal History | 0002 9319 - | 2161 797X - | academic.oup.com/ajlh | | American Law and Economics Review | 1465 7252 - | 1465 7260 - | academic.oup.com/aler | | American Literary History | 0896 7148 - | 1468 4365 - | academic.oup.com/alh | | Analysis | 0003 2638 - | 1467 8284 - | academic.oup.com/analysis | | Annals of Behavioral Medicine | 0883 6612 - | 1532 4796 - | academic.oup.com/abm | | Annals of Botany | 0305 7364 - | 1095 8290 - | academic.oup.com/aob | | Annals of Oncology | 0923 7534 - | 1569 8041 - | academic.oup.com/annonc | | Annals of the Entomological Society of America | 0013 8746 - | 1938 2901 - | academic.oup.com/aesa | | Annals of Work Exposures and Health | 0003 4878 - | 1475 3162 - | academic.oup.com/annhyg | | Applied Economic Perspectives and Policy | 2040 5790 - | 2040 5804 - | academic.oup.com/aepp | | Applied Linguistics | 0142 6001 - | 1477 450X - | academic.oup.com/applij | | Arbitration International | 0957 0411 - | 1875 8398 - | academic.oup.com/arbitration | | Archives of Clinical Neuropsychology | 0887 6177 - | 1873 5843 - | academic.oup.com/acn | | Aristotelian Society Supplementary Volume. | 0309 7013 - | 1467 8349 - | academic.oup.com/aristoteliansupp | | Astronomy & Geophysics | 1366 8781 - | 1468 4004 - | academic.oup.com/astrogeo | | Behavioral Ecology | 1045 2249 - | 1465 7279 - | academic.oup.com/beheco | | Bioinformatics | 1367 4803 - | 1460 2059 - | academic.oup.com/bioinformatics | | Biological Journal of the Linnean Society | 0024 4066 - | 1095 8312 - | academic.oup.com/biolinnean | | Biology of Reproduction | 0006 3363 - | 1529 7268 - | academic.oup.com/biolreprod | | Biometrika | 0006 3444 - | 1464 3510 - | academic.oup.com/biomet | | BioScience | 0006 3568 - | 1525 3244 - | academic.oup.com/bioscience | | Biostatistics | 1465 4644 - | 1468 4357 - | academic.oup.com/biostastics | | Botanical Journal of the Linnean Society | 0024 4074 - | 1095 8339 - | academic.oup.com/botlinnean | | Brain | 0006 8950 - | 1460 2156 - | academic.oup.com/brain | |-------------------------------------------------------------------|---------------|---------------|---------------------------------| | Briefings in Bioinformatics | 1467 5463 - | 1477 4054 - | academic.oup.com/bib | | Briefings in Functional Genomics | 2041 2649 - | 2041 2657 - | academic.oup.com/bfg | | British Journal for Philosophy of Science | 0007 0882 - | 1464 3537 - | academic.oup.com/bjps | | British Journal of Aesthetics | 0007 0904 - | 1468 2842 - | academic.oup.com/bjaesthetics | | British Journal of Criminology | 0007 0955 - | 1464 3529 - | academic.oup.com/bjc | | British Journal of Social Work | 0045 3102 - | 1468 263X - | academic.oup.com/bjsw | | British Medical Bulletin | 0007 1420 - | 1471 8391 - | academic.oup.com/bmb | | British Yearbook of International Law | 0068 2691 - | 2044 9437 - | academic.oup.com/bybil | | Cambridge Journal of Economics | 0309 166X - | 1464 3545 - | academic.oup.com/cje | | Cambridge Journal of Regions, Economy and Society | 1752 1378 - | 1752 1386 - | academic.oup.com/cjres | | Cambridge Quarterly | 0008 199X - | 1471 6836 - | academic.oup.com/camqtly | | Capital Markets Law Journal | 1750 7219 - | 1750 7227 - | academic.oup.com/cmlj | | Carcinogenesis | 0143 3334 - | 1460 2180 - | academic.oup.com/carcin | | Cardiovascular Research | 0008 6363 - | 1755 3245 - | academic.oup.com/cardiovascres | | Cerebral Cortex | 1047 3211 - | 1460 2199 - | academic.oup.com/cercor | | CESifo Economic Studies | 1610 241X - | 1612 7501 - | academic.oup.com/cesifo | | Chemical Senses | 0379 864X - | 1464 3553 - | academic.oup.com/chemse | | Children & Schools | 1532 8759 - | 1545 682X - | academic.oup.com/cs | | Chinese Journal of Comparative Law | 2050 4802 - | 2050 4810 - | academic.oup.com/cjcl | | Chinese Journal of International Law | 1540 1650 - | 1746 9937 - | academic.oup.com/chinesejil | | Chinese Journal of International Politics | 1750 8916 - | 1750 8924 - | academic.oup.com/cjip | | Christian bioethics: Non Ecumenical Studies in Medical Morality - | 1380 3603 - | 1744 4195 - | academic.oup.com/cb | | Classical Receptions Journal | 1759 5134 - | 1759 5142 - | academic.oup.com/crj | | Clinical Infectious Diseases | 1058 4838 - | 1537 6591 - | academic.oup.com/cid | | Communication Theory | 1050 3293 - | 1468 2885 - | academic.oup.com/ct | | Communication, Culture & Critique | 1753 9129 - | 1753 9137 - | academic.oup.com/ccc | | Community Development Journal | 0010 3802 - | 1468 2656 - | academic.oup.com/cdj | | Computer Journal | 0010 4620 - | 1460 2067 - | academic.oup.com/comjnl | | Contemporary Women's Writing | 1754 1476 - | 1754 1484 - | academic.oup.com/cww | | Contributions to Political Economy | 0277 5921 - | 1464 3588 - | academic.oup.com/cpe | | Current Legal Problems | 0070 1998 - | 2044 8422 - | academic.oup.com/clp | | Digital Scholarship in the Humanities | 2055 7671 - | 2055 768X - | academic.oup.com/dsh | | Diplomatic History | 0145 2096 - | 1467 7709 - | academic.oup.com/dh | | Diseases of the Esophagus | 1120 8694 - | 1442 2050 - | academic.oup.com/dote | | Early Music | 0306 1078 - | 1741 7260 - | academic.oup.com/em | | Economic Policy | 0266 4658 - | 1468 0327 - | academic.oup.com/economicpolicy | | ELT Journal | 0951 0893 - | 1477 4526 - | academic.oup.com/eltj | | Endocrine Reviews | 0163 769X - | 1945 7189 - | academic.oup.com/edrv | | Endocrinology | 0013 7227 - | 1945 7170 - | academic.oup.com/endo | | English Historical Review | 0013 8266 - | 1477 4534 - | academic.oup.com/her | | English: Journal of the English Association | 0013 8215 - | 1756 1124 - | academic.oup.com/english | | Environmental Entomology | 0046 225X - | 1938 2936 - | academic.oup.com/ee | | Environmental History | 1084 5453 - | 1930 8892 - | academic.oup.com/envhis | |------------------------------------------------------------------|---------------|---------------|--------------------------------| | EP - Europace | 1099 5129 - | 1532 2092 - | academic.oup.com/europace | | Epidemiologic Reviews | 0193 936X - | 1478 6729 - | academic.oup.com/epirev | | Essays in Criticism | 0014 0856 - | 1471 6852 - | academic.oup.com/eic | | European Heart Journal | 0195 668x - | 1522 9645 - | academic.oup.com/eurheartj | | European Heart Journal - Cardiovascular Imaging | 2047 2404 - | 2047 2412 - | academic.oup.com/ehjcimaging | | European Heart Journal - Cardiovascular Pharmacotherapy | 2055 6837 - | 2055 6845 - | academic.oup.com/ehjcvp | | European Heart Journal - Quality of Care and Clinical Outcomes | 2058 5225 - | 2058 1742 - | academic.oup.com/ehjqcco | | European Heart Journal Supplements | 1520 765X - | 1554 2815 - | academic.oup.com/eurheartjsupp | | European Journal of Cardio Thoracic Surgery - | 1010 7940 - | 1873 734X - | academic.oup.com/ejcts | | European Journal of International Law | 0938 5428 - | 1464 3596 - | academic.oup.com/ejil | | European Journal of Orthodontics | 0141 5387 - | 1460 2210 - | academic.oup.com/ejo | | European Journal of Public Health | 1101 1262 - | 1464 360X - | academic.oup.com/eurpub | | European Review of Agricultural Economics | 0165 1587 - | 1464 3618 - | academic.oup.com/erae | | European Review of Economic History | 1361 4916 - | 1474 0044 - | academic.oup.com/ereh | | European Sociological Review | 0266 7215 - | 1468 2672 - | academic.oup.com/esr | | Family Practice | 0263 2136 - | 1460 2229 - | academic.oup.com/fampra | | FEMS Microbiology Ecology | 0168 6496 - | 1574 6941 - | academic.oup.com/femsec | | FEMS Microbiology Letters | - | 1574 6968 - | academic.oup.com/femsle | | FEMS Microbiology Reviews | 0168 6445 - | 1574 6976 - | academic.oup.com/femsre | | FEMS Yeast Research | - | 1567 1364 - | academic.oup.com/femsyr | | Foreign Policy Analysis | 1743 8586 - | 1743 8594 - | academic.oup.com/fpa | | Forest Science | 0015 749X - | 1938 3738 - | academic.oup.com/forestscience | | Forestry: An International Journal of Forest Research | 0015 752X - | 1464 3626 - | academic.oup.com/forestry | | Forum for Modern Language Studies | 0015 8518 - | 1471 6860 - | academic.oup.com/fmls | | French History | 0269 1191 - | 1477 4542 - | academic.oup.com/fh | | French Studies | 0016 1128 - | 1468 2931 - | academic.oup.com/fs | | French Studies Bulletin | 0016 1128 - | 1468 2931 - | academic.oup.com/fsb | | Geophysical Journal International | 0956 540X - | 1365 246X - | academic.oup.com/gji | | German History | 0266 3554 - | 1477 089X - | academic.oup.com/gh | | Gerontologist | 0016 9013 - | 1758 5341 - | academic.oup.com/gerontologist | | Glycobiology | 0959 6658 - | 1460 2423 - | academic.oup.com/glycob | | Health and Social Work | 0360 7283 - | 1545 6854 - | academic.oup.com/hsw | | Health Education Research | 0268 1153 - | 1465 3648 - | academic.oup.com/her | | Health Policy and Planning | 0268 1080 - | 1460 2237 - | academic.oup.com/heapol | | Health Promotion International | 0957 4824 - | 1460 2245 - | academic.oup.com/heapro | | History Workshop Journal | 1363 3554 - | 1477 4569 - | academic.oup.com/hwj | | Holocaust and Genocide Studies | 8756 6583 - | 1476 7937 - | academic.oup.com/hgs | | Human Communication Research | 0360 3989 - | 1468 2958 - | academic.oup.com/hcr | | Human Molecular Genetics | 0964 6906 - | 1460 2083 - | academic.oup.com/hmg | | Human Reproduction | 0268 1161 - | 1460 2350 - | academic.oup.com/humrep | | Human Reproduction Update | 1355 4786 - | 1460 2369 - | academic.oup.com/humupd | | Human Rights Law Review | 1461 7781 - | 1744 1021 - | academic.oup.com/hrlr | | ICES Journal of Marine Science: Journal du Conseil | 1054 3139 - | 1095 9289 - | academic.oup.com/icesjms | |---------------------------------------------------------------|---------------|---------------|------------------------------| | ICSID Review - Foreign Investment Law Journal | 0258 3690 - | 2049 1999 - | academic.oup.com/icsidreview | | ILAR Journal | 1084 2020 - | 1930 6180 - | academic.oup.com/ilarjournal | | IMA Journal of Applied Mathematics | 0272 4960 - | 1464 3634 - | academic.oup.com/imaman | | IMA Journal of Management Mathematics | 1471 678X - | 1471 6798 - | academic.oup.com/imaman | | IMA Journal of Mathematical Control and Information | 0265 0754 - | 1471 6887 - | academic.oup.com/imamci | | IMA Journal of Numerical Analysis | 0272 4979 - | 1464 3642 - | academic.oup.com/imajna | | Industrial and Corporate Change | 0960 6491 - | 1464 3650 - | academic.oup.com/icc | | Industrial Law Journal | 0305 9332 - | 1464 3669 - | academic.oup.com/ilj | | Inflammatory Bowel Diseases | 1078 0998 - | 1536 4844 - | academic.oup.com/ibdjournal | | Integrative and Comparative Biology | 1540 7063 - | 1557 7023 - | academic.oup.com/icb | | Interacting with Computers | 0953 5438 - | 1873 7951 - | academic.oup.com/iwc | | International Affairs | 0020 5850 - | 1468 2346 - | academic.oup.com/ia | | International Data Privacy Law | 2044 3994 - | 2044 4001 - | academic.oup.com/idpl | | International Health | 1876 3413 - | 1876 3405 - | academic.oup.com/inthealth | | International Immunology | 0953 8178 - | 1460 2377 - | academic.oup.com/intimm | | International Journal for Quality in Health Care | 1353 4505 - | 1464 3677 - | academic.oup.com/intqhc | | International Journal of Constitutional Law | 1474 2640 - | 1474 2659 - | academic.oup.com/icon | | International Journal of Epidemiology | 0300 5771 - | 1464 3685 - | academic.oup.com/ije | | International Journal of Law and Information Technology | 0967 0769 - | 1464 3693 - | academic.oup.com/ijlit | | International Journal of Law, Policy and the Family | 1360 9939 - | 1464 3707 - | academic.oup.com/lawfam | | International Journal of Lexicography | 0950 3846 - | 1477 4577 - | academic.oup.com/ijl | | International Journal of Public Opinion Research | 0954 2892 - | 1471 6909 - | academic.oup.com/ijpor | | International Journal of Refugee Law | 0953 8186 - | 1464 3715 - | academic.oup.com/ijrl | | International Journal of Transitional Justice | 1752 7716 - | 1752 7724 - | academic.oup.com/ijtj | | International Mathematics Research Notices | 1073 7928 - | 1687 0247 - | academic.oup.com/imrn | | International Political Sociology | 1749 5679 - | 1749 5687 - | academic.oup.com/ips | | International Relations of the Asia Pacific | 1470 482X - | 1470 4838 - | academic.oup.com/irap | | International Studies Perspectives | 1528 3577 - | 1528 3585 - | academic.oup.com/isp | | International Studies Quarterly | 0020 8833 - | 1468 2478 - | academic.oup.com/isq | | International Studies Review | 1521 9488 - | 1468 2486 - | academic.oup.com/isr | | ISLE: Interdisciplinary Studies in Literature and Environment | 1076 0962 - | 1759 1090 - | academic.oup.com/isle | | ITNOW | 1746 5702 - | 1746 5710 - | academic.oup.com/itnow | | Japanese Journal of Clinical Oncology | 0368 2811 - | 1465 3621 - | academic.oup.com/jjco | | Jerusalem Review of Legal Studies | 2219 7125 - | 2219 7117 - | academic.oup.com/jrls | | JNCI Monographs | 1052 6773 - | 1745 6614 - | academic.oup.com/jncimono | | JNCI: Journal of the National Cancer Institute | 0027 8874 - | 1460 2105 - | academic.oup.com/jnci | | Journal of African Economies | 0963 8024 - | 1464 3723 - | academic.oup.com/jae | | Journal of American History | 0021 8723 - | 1945 2314 - | academic.oup.com/jah | | Journal of Analytical Toxicology | 0146 4760 - | 1945 2403 - | academic.oup.com/jamia | | Journal of Antimicrobial Chemotherapy | 0305 7453 - | 1460 2091 - | academic.oup.com/jac | | Journal of Antitrust Enforcement | 2050 0688 - | 2050 0696 - | academic.oup.com/antitrust | | Journal of Applied Poultry Research | 1056 6171 - | 1537 0437 - | academic.oup.com/japr | | Journal of Biochemistry | 0021 924X - | 1756 2651 - | academic.oup.com/jb | |--------------------------------------------------------------------------------------|---------------|---------------|-----------------------------| | Journal of Burn Care and Research | 1559 047X - | 1559 0488 - | academic.oup.com/jbcr | | Journal of Chromatographic Science | 0021 9665 - | 1945 239X - | academic.oup.com/chromsci | | Journal of Church and State | 0021 969X - | 2040 4867 - | academic.oup.com/jcs | | Journal of Clinical Endocrinology and Metabolism | 0021 972X - | 1945 7197 - | academic.oup.com/jcem | | Journal of Communication | 0021 9916 - | 1460 2466 - | academic.oup.com/joc | | Journal of Competition Law & Economics | 1744 6414 - | 1744 6422 - | academic.oup.com/jcle | | Journal of Conflict and Security Law | 1467 7954 - | 1467 7962 - | academic.oup.com/jcsl | | Journal of Consumer Research | 0093 5301 - | 1537 5277 - | academic.oup.com/jcr | | Journal of Crohn's and Colitis | 1873 9946 - | 1876 4479 - | academic.oup.com/ecco jcc - | | Journal of Crustacean Biology | 0278 0372 - | 1937 240X - | academic.oup.com/jcb | | Journal of Deaf Studies and Deaf Education | 1081 4159 - | 1465 7325 - | academic.oup.com/jdsde | | Journal of Design History | 0952 4649 - | 1741 7279 - | academic.oup.com/jdh | | Journal of Economic Entomology | 0022 0493 - | 1938 291X - | academic.oup.com/jee | | Journal of Economic Geography | 1468 2702 - | 1468 2710 - | academic.oup.com/joeg | | Journal of Environmental Law | 0952 8873 - | 1464 374X - | academic.oup.com/jel | | Journal of European Competition Law & Practice | 2041 7764 - | 2041 7772 - | academic.oup.com/jeclap | | Journal of Experimental Botany | 0022 0957 - | 1460 2431 - | academic.oup.com/jxb | | Journal of Financial Econometrics | 1479 8409 - | 1479 8417 - | academic.oup.com/jfec | | Journal of Forestry | 0022 1201 - | 1938 3746 - | academic.oup.com/jof | | Journal of Global Security Studies | 2057 3170 - | 2057 3189 - | academic.oup.com/jogss | | Journal of Heredity | 0022 1503 - | 1465 7333 - | academic.oup.com/jhered | | Journal of Hindu Studies | 1756 4255 - | 1756 4263 - | academic.oup.com/jhs | | Journal of Human Rights Practice | 1757 9619 - | 1757 9627 - | academic.oup.com/jhrp | | Journal of Infectious Diseases | 0022 1899 - | 1537 6613 - | academic.oup.com/jid | | Journal of Intellectual Property Law & Practice | 1747 1532 - | 1747 1540 - | academic.oup.com/jiplp | | Journal of International Criminal Justice | 1478 1387 - | 1478 1395 - | academic.oup.com/jicj | | Journal of International Dispute Settlement | 2040 3585 - | 2040 3593 - | academic.oup.com/jids | | Journal of International Economic Law | 1369 3034 - | 1464 3758 - | academic.oup.com/jiel | | Journal of Islamic Studies | 0955 2340 - | 1471 6917 - | academic.oup.com/jis | | Journal of Law, Economics, and Organization | 8756 6222 - | 1465 7341 - | academic.oup.com/jleo | | Journal of Logic and Computation | 0955 792X - | 1465 363X - | academic.oup.com/logcom | | Journal of Mammalogy | 0022 2372 - | 1545 1542 - | academic.oup.com/jmammal | | Journal of Medical Entomology | 0022 2585 - | 1938 2928 - | academic.oup.com/jme | | Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine | 0360 5310 - | 1744 5019 - | academic.oup.com/jmp | | Journal of Molecular Cell Biology | 1674 2788 - | 1759 4685 - | academic.oup.com/jmcb | | Journal of Molluscan Studies | 0260 1230 - | 1464 3766 - | academic.oup.com/mollus | | Journal of Music Therapy | 0022 2917 - | 2053 7395 - | academic.oup.com/jmt | | Journal of Neuropathology and Experimental Neurology | 0022 3069 - | 1554 6578 - | academic.oup.com/jnen | | Journal of Pediatric Psychology | 0146 8693 - | 1465 735X - | academic.oup.com/jpepsy | | Journal of Petrology | 0022 3530 - | 1460 2415 - | academic.oup.com/petrology | | Journal of Plankton Research | 0142 7873 - | 1464 3774 - | academic.oup.com/plankt | | Journal of Plant Ecology | 1752 9921 - | 1752 993X - | academic.oup.com/jpe | |------------------------------------------------------------------------------------|---------------|---------------|--------------------------------------| | Journal of Public Administration, Research and Theory | 1053 1858 - | 1477 9803 - | academic.oup.com/jpart | | Journal of Public Health | 1741 3842 - | 1741 3850 - | academic.oup.com/jpubhealth | | Journal of Refugee Studies | 0951 6328 - | 1471 6925 - | academic.oup.com/jrs | | Journal of Semantics | 0167 5133 - | 1477 4593 - | academic.oup.com/jos | | Journal of Semitic Studies | 0022 4480 - | 1477 8556 - | academic.oup.com/jss | | Journal of Social History | 0022 4529 - | 1527 1897 - | academic.oup.com/jsh | | Journal of Survey Statistics and Methodology | 2325 0984 - | 2325 0992 - | academic.oup.com/jssam | | Journal of the American Academy of Religion | 0002 7189 - | 1477 4585 - | academic.oup.com/jaar | | Journal of the American Medical Informatics Association | 1067 5027 - | 1527 974X - | academic.oup.com/jah | | Journal of the European Economic Association | 1542 4766 - | 1542 4774 - | academic.oup.com/jeea | | Journal of the History of Collections | 0954 6650 - | 1477 8564 - | academic.oup.com/jhc | | Journal of the History of Medicine and Allied Sciences | 0022 5045 - | 1468 4373 - | academic.oup.com/jhmas | | Journal of the International Commission on Radiation Units and Measurements (ICRU) | 1473 6691 - | 1742 3422 - | academic.oup.com/jicru | | Journal of the Pediatric Infectious Diseases Society | 2048 7193 - | 2048 7207 - | academic.oup.com/jpids | | Journal of Theological Studies | 0022 5185 - | 1477 4607 - | academic.oup.com/jts | | Journal of Travel Medicine | - | 1708 8305 - | academic.oup.com/jtm | | Journal of Tropical Pediatrics | 0142 6338 - | 1465 3664 - | academic.oup.com/tropej | | Journal of Victorian Culture | 1355 5502 - | 1750 0133 - | academic.oup.com/jvc | | Journal of World Energy Law & Business | 1754 9957 - | 1754 9965 - | academic.oup.com/jwelb | | Journals of Gerontology - Series A: Biological and Medical Sciences | 1079 5006 - | 1758 535X - | academic.oup.com/biomedgerontology | | Journals of Gerontology - Series B: Psychological and Social Sciences | 1079 5014 - | 1758 5368 - | academic.oup.com/psychsocgerontology | | Journals of Nutrition | 0022 3166 - | 1541 6100 - | academic.oup.com/jn | | Laboratory Medicine | 0007 5027 - | 1943 7730 - | academic.oup.com/labmed | | Law, Probability & Risk | 1470 8396 - 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STBrill_added9_AfricanStudiesCompanion_UCB_Redacted

## BRILL Publishers and Regents of the University of California License Agreement ## Addendum Nine THIS ADDENDUM is made on the 2. day of June 2014. BE TWEE Licensor: Licensee: Brill Publishers, 153 Milk St., 6 111 Floor, Boston, .tvlA. 02109 USA Regents o f the University of California, with its principal offices at the California D igital Library, University of California, Office of the President, - +1 5 20 1 " Street, 4'" Floor, Oakland, CA 94612 USA This is an Addendum to the Brill Publishers and The Regents of the University of California License Agreement (the "Agreement") signed by the Licensor September 21, 2006 and made between the Licensor and the Licensee: ## From the D ate hereof the License Agreement shall be amended as follows: - 1. The Licensed Materials :Shall include, effective 2 June 2014, in addition to that specified in the License Agreement, unlimited web-based access for the University of California, Berkeley (including the Lawrence Berkeley Lab) only to the following: ## African Studies Companion - 2. The Agreement shall remain in full force and effect, and the terms of the Agreement shall apply to the Licensed Materials set out herein as if it were included in the Agreement. - 3. Annual Subscription for this resource: - -t-. Unlimited simultaneous, perpetual access by University of California, Berkeley, Authorized Users. There is no maintenance fee for this resource. The part ense Agreement Signed by Date: For and on behalf of Brill Publishers Signed by: Title: ~-S · /'f Date: . ................... .. . .. .. ........ . ......... . . . . . . . ~~u.t:"" ;p,•,e.c..fo., lDL Title: .. . ... . ...... . ..... . . . . .. . . .. . . ..... . . . . . . • • • • • • • • ! For and on behalf of Regents of the University of California

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ElsevierSD2009_amdt75_UCB_Redacted

## SEVENTY-FIFTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS , the parties hereto have previously entered into an agreement dated 5 February 2009 (the "Agreement' as last amended on 12 December 2012 and wish to amend the Agreement as set forth in this amendment ( Amendment NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below; and for such other and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth below and on Schedule 1 . good Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any terms or conditions of the Agreement conflict with or are inconsistent with this Amendment; the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties executed this Amendment by their respective; duly authorized representatives as of 17 December 2012. have ## THE REGENTS OF THE UNIVERSITY OF CALLFORNIA o/blo THE CALIFORNIA DIGITAL LIBRARY ## (Subscriber) [Text deleted] Ltle: [Text deleted] Title: Managing birector, Global Sales & Customer Marketing; Science & Technology Amendment No.: 1-3684652272 ## SEVENTY-FIFTH AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT Schedule 1 ## Subscribed Products/ Access/Fees ## THE REGENTS OF THE UNIVERSITY OF CALIFORNIA o/blo THE CALIFORNIA DIGITAL LBRARY ## UNIVERSITY OF CALIFORNIA, BERKELEY No. 1-3684652272 | Subscribed Products publisher | Access | 2012 | |---------------------------------------------------------------------------------------------------------------------------------------|----------------------------|--------| | SciVerse@ ScienceDirect@ online Elsevier B.V | sciencedirect sciverse.com | | | Elsevier Reference Works (perpetual access) ~Polymer Science: A Comprehensive Reference Comprehensive Sampling and Sample Preparation | | | | TOTAL FEES | | |

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ElsevierSD2014_amdt122_Redacted

## ONE HUNDRED TWENTY SECOND AMENDMENT TO ELSEVIER SUBSCRIPTION AGREEMENT WHEREAS, the parties hereto have previously entered into an agreement dated 9 April 2014, as last amended on 2 May 2018 (the "Agreement") and wish to amend the Agreement as set forth in this amendment ("Amendment"). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, and for such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as of the execution date below as set forth on Schedule l. Except as specifically amended hereby, all of the existing terms and conditions of the Agreement are hereby ratified. Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed to them in the Agreement. To the extent any tenns or conditions of the Agreement conflict with or are inconsistent with this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment by their respective, duly authorized representatives as of 10 May 2018. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA O/B/O THE CALIFORNIA DIGIT AL LIBRARY Subscriber Title: Associate Executive Director ELSEVIER B. V. (Elsevier) Amendment No.: 1-14159414981, l-14159065520, 1-14159125316, 1-14159158214, 1-141590'J7417, 1-14158399508, t-14222570099 ## Schedule 1 Subscribed Products/ Access/Fees ## UNIVERSITY OF CALIFORNIA, IRVINE No. 1-14159414981 | Subscribed Products - publisher | Access | 2018 USD | |-------------------------------------------------------------------------------------------------------------------------------------------------|-------------------|-------------| | ScienceDirect® online- Elsevier B.V. | sciencedirect.com | | | Com�lete Collection | | | | Elsevier Reference Works (perpetual access) -Treatise on Geochemistry-9780080437514 -Treatise on Geochemistry (Second Edition)- 9780080983004 | | | | TOTAL FEES | | | ## UC SAN DIEGO No.1-14159065520 | Subscribed Products - publisher | Access | |--------------------------------------------------------------------------------------------------------------------------------------------------|-------------------| | ScienceDirect® online -Elsevier | sciencedirect.com | | Elsevier Reference Works (perpetual access) -Treatise on Geochemistry-9780080437514 -Treatise on Geochemistry (Second Edition)- 9780080983004 | | | TOTAL FEES | | ## UNIVERSITY OF CALIFORNIA, LOS ANGELES No. 1-14159125316 | Subscribed Products -publisher | Access | 2018 USD | |-------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------|-------------| | ScienceDirect® online-Elsevier B.V. !-- ------------------ | sciencedirect.com -� | | | Com lete Collection | | | | Elsevier Reference Works (perpetual access) -Treatise on Geochemistry-97800804 3 7 514 -Treatise on Geochemistry (Second Edition)- 9780080983004 | | | | TOTAL FEES | | | ## UC DAVIS No. 1-14159158214 | Subscribed Products - publisher | Access | |-------------------------------------------------------------------------------------------------------------------------------------------------|-------------------| | ScienceDirect® online -Elsevier B.V. | sciencedirect.com | | Com lete Collection | | | Elsevier Reference Works (perpetual access) -Treatise on Geochemistry-9780080437514 -Treatise on Geochemistry (Second Edition)- 9780080983004 | | | TOTAL FEES | | ## UNIVERSITY OF CALIFORNIA, SANTA CRUZ No. l-14159097417 | Subscribed Products publisher | Access | 2018 | |--------------------------------------------------------------------------------------------------------------------------------------------------|----------|--------| | ScienceDirect® online -Elsevier B.V. �� | | | | Com lete Collection | | | | Elsevier Reference Works (perpetual access) -Treatise on Geochemistry-9780080437514 -Treatise on Geochemistry (Second Edition)- 9780080983004 | | | | TOTAL FEES | | | ## UNIVERSITY OF CALIFORNIA, BERKELEY No. J.14158399508 | Subscribed Products -publisher | Access | 2018 USD | |-------------------------------------------------------------------------------------------------------------------------------------------------|-------------------|-------------| | ScienceDirect® online - Elsevier B.V. | sciencedirect.com | | | Com lete Collection | | | | Elsevier Reference Works (perpetual access) -Treatise on Geochemistry-9780080437514 -Treatise on Geochemistry (Second Edition)- 9780080983004 | | | | TOTAL FEES | | | ## UNIVERSITY OF CALIFORNIA, MERCED No. 1-14222570099 | Subscribed Products -publisher | Access | 2018 USD | |-------------------------------------------------------------------------------------------------------------------------------------------------|-------------------|-------------| | ScienceDirect® online-Elsevier | sciencedirect.com | | | Elsevier Reference Works (perpetual access) -Treatise on Geochemistry-9780080437514 -Treatise on Geochemistry (Second Edition)- 9780080983004 | | | | TOTAL FEES | | |

adf81719-7db3-4a17-9b4c-b77c19dfb35f

Nature_2006

, , i , ## NATUREPUBLISHINGGROUP CONSORTItJMLICENCEAGREEMENTSCIlE.DUtE ***2006NewLicense"'** ## AGREEMENT DATE: ## GREEMENTREFNO: ## PARTIES: i I . I ! Licensur: Nature America, Inc. d!b!aNature Publishing Group, whose principal place of business is at 75 VarickStreet.9thFloor,NewYork,NY10013-1917. Licensee: TheRegentsofthe University of California, a non-profit academic institution, wiIIIlIS i principa~hoffices t The CaliforniaDigitalLibrary,University of California Officeoflhe President, 415 201l> a Street,4 floor, Oakland, CA 94612, USA. Site Address: California Digital Library, University ofCatifornia Office of the President, 415 2(jh Street, 4thfloor, Oakla CA 94612, USA, .\_-, ~- I LIO:NSED MATERIAl.: ## SECTION A. NATURE 'N'or 'Nature' shall mean the electronic versions of (a) the most recent printed edition of Nature at the date of ~Iccess; and (b) all previous printed editions of Nature published since 1 January 1997, in each case available for aecess on the Internet at the URL http;!/www.nature.rom!nature fronl time to time together with any additional material that the Licensor makes available to the Licensec. ## SECTIONB. NATURE-BRANDED JOURNALS , ' . ! 'NBT' or 'Nllture Biotechnology'shanmeantheelectronic versionsof(a)themostrecentprintededition j of Nature Biotechnology at the date ofaeccss and (b) the printed editions of Nature Biotechnology publishedsince 1May1998,in eachcllseavailablefuraccesson thelnternctatthe URL http://www.nature.comlnbtl from time to time together with any additional material that the Licensor makes availableto the Licensee. I i ! 'NCB' or 'Nature Cell Biology' shall mean the electronic versions of (a) the Illostrecem printed editioo of Nature Cell Biology at the date of access and (b) the printed editions of Nature Cell Biology published since' I May 1999, in each case available for atcCSs on the Internet at the URL bttp:!!v.'\\'W.natUre.com/ncb/ from time to time together with any additional niaterialthat the Licensor makes available to IlleLicenscc. I I i ' I 'NCbemB' or 'Nature Cbcmic~dBiology' shall meaUthe electronic versions of (a) the most recent printed editionof NatureChemical Biology at the dateof accessand(b) theprintededitions or NatureChemical Biology publishedsinceJune2005,in eachcaseavailableforaccesson theInternetat the URL http://w\vw.nature.com/n~hCl11bi(j from time to time together with any additional material IIIat tIle Licensor makt.'Savailable to the Licensee. I 'NG' or .Natuce Genetics' shall mean the electronic versions of (a) tbe most recent printed edition of Nature Genetics at the date of atcCSsand (b) the printed editions of Nature Genetics published sincc 1 May 1998. in each case available for access on the Internet at the URL http;/!www,natllJ:~:£Om!ngl rom time to f time together witb any additional material that the Licensor makes available to tbe LIcensec. iNI' or 'Nature Immunolog)" shall mean the electronic vcrs10nsof (a) Ill<: most reccnt printed edition of Nature lmmunologr at the date of access aud (b) the printed editions of Nature lnummology published since I July 2000, in each ease available for access on the Internet at the URL hup://www.natuII;:.com/nll1fom timeto timetogetherwithanyadditional materialthattheLicensor makesavailable to the Licensee, 'NMat' or 'Nature Materials' shall mean Ille electronic versions of (a) tbe most rt'Centprinted edition of Nature Materials at tbe dale of access and (b) the printed editions of Nalure Materials published since 1 Septenlber 2002. in each case available for aecess on the Internet at the URL llitp:!!wWW,,-I!;!U!r!!.rom/nmatl 1fomtinle to time together \villl any additional material that ule Licensor makes available to the Lkt"nsec. 'NM' or 'Nature Medicine' shall mean tIle electronic versions of (a) the most m;ent printed edition of Nttture kfedicine at the date of access and (b) the printed editions of Nature l.fedicine publisbed since I May 1998, in each case available fur access on the lnternet at the URL http://www.naturc.comlnml from time to time together v.>ith any additional material that the Licensor makes available to the Licensee. Consortium License US 2006 I ! I i ! I I I , I I I I I I l 'TPJ' or 'The Pbarmacogenomics Journal' sball mean the clectronic versions orCa) the most recent printededitionof ThePhannacogenomics Joumal at thedate of access and(b)theprintededitionsof The PhiJYlIlGcogenomics Journal published since 2001, in each case available for access on the Internet at the URL bttp:Jl\v'\\'W"naJure.comitPj from time to time together with any additional material tliat the Licensor makes available to the Licensee, 'PCnn' or 'Prostate Cancer and Prostntic Discascs' shall mean tbe electronic vcrsions of (a) the most recent printed edition of Prostate Caacer and Pro.~taticDiseases at the date of access and (b) the printed editions of Prostate Ctl1lcerand Prostatic Diseases published since 1997, in each case available tbr access! 011 the Internet at tbcURL bttp;i!JY~vwAli!Jur~J11!1J!~a.t!lTom e to time together with any additional! tim material that the Licensor makes available to tbe Licensee. 'Sc' or 'Spinal Cord' shall mean IIICelectronic vl.:rsiOIlSf o (a) llie mosl rt'Cenl printed edition of ,)'pinal Cord at the date of access and (b) tbe printed editions of Spinal Cord published since 1997, in each case available for access on the Internet at tbc URL bttp:!Jw\\'W,nature.oom!scfrom time to time together with any additional material that the Licensor makes available to llie Licensec, ## SE{~TION D. NEWS 'NL'ws'(j; ~".Y:n,i@JNfi~rnm' shall mean the most recent edition [email protected] made available at the date of access, and all previous editions, in eacll case available for access 011 the Intcmel at the URL http:// www,naturc"comlncws from time to time together with any additional material that the Licensor makes available to the Licensee. CommencementDate: ' ' I i . i - ' JHH' or 'Journal of Human Hypertension' shall mean the electronic versions of (a) the most recent printed edition of Journal of Human #vpertension at the date of access and (b) the printed editions of Joomal <?f'Human Hyperlfmsiol1 published since 1997, in each ease available for ~K:CesS n the Internet at o the LJRLbttp://www.natm..e.comlihhtrom time to time together with any additional material that the Licensor makes available to tbe Licensee. - 'JID' or 'Journ" of Investigative Dermatology' shall mean the clcctronic versions of (a) the most recent printed edition ofJoumal a/Investigative Dermatology at the date of access and (b) the printed editions of Journal of Investigative Dermatology published sinee January 1999, in each case available for access on the Internet at the URLhup://W'Ww.iidonHne.orgor http://www.naturc.com/jidi from time to time together with any additional material that the Licensor makes available to the Licensee. I - 'JP' or 'Journal of Perinatology' shall mean the electronic versions of (a) the most recent printed edition of Joumal of Perinatology at the date of aecess and (b) the printed editions of Journal ()fPerinatology published since 1999, in e'dchcase available for access on the Internet at the URL bllp:II!Y1¥ynlalure.com/jp from time to time together v,1.th any additional material that the Licensor makes available to the Licensce. I I - 'KI' or 'Kidney International' shall mean the electronic versions of (a) the roost recent printed edition of Kidney InternatiQ1" . V at the dale Of access and (b) the prinled editions of . Kidney Inte11ltltiOal ... n published I ~inceJW,lUary998,in ~ch 1 caseavailablefo~a~cess?n the l~nernet at the~L ImiUL':'~1YJ;:!m!!Y:... JJI!('tlhltwnaLorgor !ltJI!;;dEt'Lw.nalurc.com/kli from lime to tnue together with any addluonal matenal that Ille Licensor makes available to Ihe Licensee. I . - °LI' or 'Laboratory Investigation' shallmeanthe electronicversionsof (a) themostrecentprinted edition of Laboratory Investigation at the datc of aecess and (b) the printed editions of Laboratory Investigation published since 2000, in each case available for access on the Internet at the URL http://www.nature.coml1abinv~ from time to time together with any additional material that the Licensor ] makes available to the Licensee. - I'Leu' or 'Leukemia' shall mean the elcctronic versions of (a) tho most recent printed edition of Leukemia j at the dateof accessand (b) thepriutededitionsof Leukemia publishedsinee1997,in each case aVailable for access on the Internet at the URL http://www.nature.comt1eutromtime to time together with any additioual material that the Licensor makes available 10the LicenSL'C. - 'ModP'or 'Modern Pa.thology' sbaUmean the electronic versions of (a) the most ft.'Cenl printed edition of Modern Pathology at the date of access and (b) the printed editions of Modem Pathology published since 2000, in each ease available for access on the Internet at the URL http://www.nature.com/modpathol/ from time to time together with any additi01lalmaterial that tbe Licensor makes available to the Licensee. - 'MP' or 'Molecular Psychiatry' shall mean the electronic versions or (a) the most recent printed edition ofMolccular Psychiauy at the date of access and (b) the printed editions of Jv!o[ecula/" Ps}'chia/JY published sinee 1997, in each case available fbr aecess on the Internet at the URL http://w\...\Y...p.~c.com/ll1n from time to time together with mlYadditional material that the Licensor makes available i to the Licensee. , - 'NPP' or 'Neurops}'chopharmacology' shall mean the electronic Versi01lS of (a) the most receut printed edition of Neuropsychopharmacology at the dale of aecess and (b) the printed editioos of NeuropsychophanlUu:olog}'pnblisbed since 1995,in each case available for access on the Internet at the URL http://www.nature.coQrnlnl1p from time to time togcthcr with any additional material that tbe Licensor makes available to the Licensee. - 'One' or 'Oncogene and Oncogene Reviews' shall mean the electronic versions of (a) the most recent priuted editiotl of Oncogene and Oncogene Revieu'S at the date of access and (b) the printed editions of Oncogene and Oncogene Reviews published sinee 1997, in each ease available for access ontbe Iuternet at the URL http://wv...w.nature.comlQilC uom time to time together with any additional material that tIte ILicensor makes available to the Licensee. i I I I I I I I - j 'EJHG' or 'European Journal of Human Genetics' shallmeanthe electronicversionsof (a) the most I recentprintededitionof EuropeanJournalof HumanGenetics at the dateof accessand (b)the printed I editions of Emupean JOurnal oflluman Genetics publisbed sincc 1998, in each ease avaHablc tor access on the Internetat theURLhttp://www.natllre.com/cjhg iomtimetotimetogetherwith anyadditionalmaterial t that the Licensormakesava.i1able o theLiccnsee, t - 'EBD' or 'Evidence Based Dentistry' shall mean the electronic versions of (a) the most recent printed edition of Evidence Based Dentistry at the date of access and (b) the printed editions of Evidence Baseti Denlistly published since 2000, in each case available for access on the Internet at the URL 11l1J]:.il.~}~{\v,naturc,com!cbd m fto time to time together with any additional material that the Licensor makes available to the Licensee, ! . - 'Eye' shall mean the electronic versions of (a) ilie most recent printed edition of Eye at ilie date of access aud (b) the printed editions of Eye publisbed since Jan~ary 20~2, in each eas~ available :o,r aCcesson,the Internet at the ORLhttp://www.naturc.cQm/eye from bme to ttme together Wllliany addItIOnalmatenal that the Licensor makes available to the Licensee. - 'GI' or 'Genes and Immunity' shall mean ilie electronic versions of (a) the most recent printed edition of Genes and lmmwtity at the date of access and (b) the printed editions of (renes and Irnrnwnty published since 1999, in {mchcase available for access on the Internet at the URL http://www,nature.comlgene from time to time together with any additional material that the Licensor makes available to IIleLicensee, ! - 'GT' 61''Gene Therapy' shall mean the electronic versions of (a) the most recent printed edition of Gene TMrapy at the date of access and (b) the printed editions of Gene Therapy published since 1997, in each case available for access on the Internet at the ORL http://\\'\vw.uatllre.com!..gt: rom time to time together f with any additional material that the Licensor makes available to ilie Licensee, - I I 'HDY' or 'Heredity' shall me-anilie electronic versions of (a) the most recent printed edition of Heredity at the date of aeeess and (b) the printed editions of Heredity published since 1996, in each case available for J access on the Internet at the URL http://www,nature.comfhdyfrom time to time togetber with any I additional material that the Licensor makes available to the Licensee. I - 'IJIR' or 'International Journal of Impotence Research' shallmeantheelectronicversionsof (a) the most recent printed edition of international Journal oflmpotenc.e Research at the date of access and (0) the printed editions of Internalional Joumal of Impolelice Resoo:rclt published since 1997, in each case available for access on the Internet at the URL http://www.Daturc.comiiiir from time to time together wiili any additional mnteriallIlal the Licensor makes available to the Licensee. - 'IJO' or 'International Journal of Obesity' shall mean the electronic versions of (n) the most rcccot printed edition of International Journal of Obesity at IIledate of access and (b) the printed editions of Internntional Journal ofObesit)! published since 1997, in each case aV'dilablefor access on the Internet at the UR1-http://~}Y\V.nature,cotplijQfrom time to time together with any additional material that the Licensor makes available to the Licenscc, - 'JO' or 'Journal of Cerebral mood Flow & Metabolism' shall mean dIe electronic versions of (a) the most recent printed edition of Jaurfu:u (!( Cerebral BI()()dHow & A1etabolism at the date of acc<.'Ss and (b) the printed editions of Journal of Cerebral Blood Flow & Metabolism published since 1996, in each case available for aecess on the Internet at dIe URL http:Nwww..!!!!!ure.comijcbfu! ITom time to - titne together with any additional material that tile Licensor makes available to Ule Licensee. 'JEA' OJ''Journal of Exposure Analysis and Environmental Epidemiology' shall mean the electronic versions of (a) IIlemost reeentprinted edition of Joumal of Exposure Analysis mill Environfltemtal Epidemiology at ilie date of access and (b) the printed editions of Journal afExposure Analysis and Environmental Epidemiology publisbed since t 999, in each case available for access on the Interu<.'( at the URL bltp:!/\\-'\VW.ll!1tul'c.com/ic<!m time to time together with any additional material that the Licensor fro makes available to the Licenscc. I ! I I : 'NRMI' or 'Nature .RevieW!! Microbiology' shall mean the electronic versions ofall the printed editions Iof Nature Reviews Microbiology published on or before thedatc of access available for access on the I Internet at the lJRL http:/zjVWW.nature.com!nmicro from time to time together with any additional material that the Licensor makes available to the Licensee. ## SECTION C. ADDITIONAL JOURNALS 'BDJ' or 'British Dental Journal' shall mean the electronic versions of (a) tbe most recent printed edition of British Dental Journal at the datc of access and (b) the printed editions of British Dental Journal published since 1999. in each case available for access on the Internet at the URL bttp:ffwww.natuTc.comlbdj Hom time to time together with any additional material that the Licensor makes available to the Licensee. - 'BJC' or 'British Journal of Cancer' s11a1l ean the electronic versions of(8) m the most recent printed editionof BritishJoumal q{ Cancer at the date of aeeessand(b)theprintt'deditions ofBrifislt Journal(?f Cancer published since 1999. in each case available for access on the Internet at the URL http://'W''ww.naturc.com/bicfrom time to time together with any additional material that the Licensor makes available to the Licensee. I i i - i 'BJP' or 'British Journal of Pharmacology' shall mean the electronic versions of (a) the most recent I printededitiou of British Journal o/Pharmacology at the date of access and (b) the printed editions of I British Journal of Pharmacology published since 1997, in each case available for aeeess 011 the In'ernet at i the URL http://www.nature,,,.!;Q!l1!1!iv from time to time together with any additiooal material that the I LicensormakesaVdilable to the Licensce. ! I - I . BMT' or . Bone Marrow TnmspWitation' shall mean thc electronic versiolls of (a) the most reeent printed edition of Bone Marrow Transplantation at the date of aecess and (b) the printed editions of BOTie Marrow l'ransplantatimJ published since 1997, in each case available for access on the Internet at the URL http://\V\vw.natnrc.comfbmt from time to tinle together with any additional material that the Licensor makes available to the Licensee.. - 'CGT' or 'Cancer Gene Therapy' shallmeanthe eleetronic versionsof (a) themostrecentprintededition. of ('ancer Gene Therapy at thedateof accessand (b)the printededitionsof C'ancerGeneTherapy i I published since 1999. in each case available for access on the Internct at the URL http://www..natnre..coU1Jcgt from time to umetogcther with any additionalmatcrial that the Licensor makes available to the Licensee. I I ' I ! - 'CDD' or 'Cell Death and DiffereD ation' . ti shall mean tile electronic versions of (a) the most ree.L'Ilt printed edition of Cell Death and Differentiation at the date of access and (b) the printed editions of Cell Death and Differentiation published since 1997, in each case available for access on the Internet at the URL hUp:I/W\Y5yI)J!!1.i£J~&Qn!lgtj~I ftom time to time together with any additional material that thc Licensor [ makes available to the Licensec. j - oCR' or 'Ccll Research' shall mean the deetrollic versions of (a) tbe most recent printed edition of Cell I Research at the date of aeeess and (I» the printed editions of C~ll Research published since January 1999. ! in each case available for access on the Internet at the URL http:t'!\vwwnaturc,comlcr from tinle to time ! together with any additional material that the Licensor makes available to the Licensee. - 'EMBO' or 'EMBOPublicatioDs' shall mean the electronic versions of (a) the most recent printed edition of The EMBO Journal and EMBO Reports at the date of access and (b) thc printed editions of The EMBO Journal and EMBO Reports pl1btisl1ed since 1997and July 2000 (respectively). in each case available for access on the Internet at the URL bttp://\\'W\v.nature.comlemboi and httD:!/www.naturc.rom/Cll1borfrom time to time together with any additional material that the Licensor makes available to the Licensee. - 'EJCN' or 'European Journal of Clinical Nutrition' shall mean the clectronic versions of (a) the most recent printed edition of European Journal of Clinical Nutrition at the date of access and (b) the printed editions of European Jou17Iaiof Clinical Nutrition publisbed since 1997, in each case available for access on the Internct at th.e URL lIttp:I/\vww.nature.com/ejcn from time to time together with any additional material that the Licensor makes available to the Licensee. ## 1. INTERPRET ATION - I.t In this Agreement (as defined in the Scl1edule).unless tbe context requires otberwise. the following expressions have the following meanings: - "Authonsed User"; (a) every member of tbe teaching, research, and non-academic staff employedby or otberwisea~redited by a Menlber whetl1erfull-time or part time; (b) every student enrolled or a~redited to a Member for the purposes of full-timeor part-time attenda.nce; (c) individual members of the public registered as usersofa Member's libl"dl)' or informa.tionervice; s and ~d)individualmembersofthe publicpermitted 10use a Member's libraryor informationservices; in eacl1 case who are pcnnittedgeneralaccessby a Menlberto its Network; "Chargeable Users": as set forthin AppendixA; "Customer Support": the Helpdesk(as set ont in the Schedule) providing reasonable e-mail and telephonc support; "Commencement Date": as set out in the Schedule; "Ucenee Fee": as set ont in the Scbedule; "Urensed Material": for eacl1Member means the Material identified in Appendix A to these Terms; "Material": those agreed Nature, NatureBranded Journals, Additional Journals and/or News elements indicaled on the Schedule; "Member": eacl1of the Members of the Licensee listed in the Scl1edule and "Members" means all of them. "Network": for each Member the local area network system of connected computers at sucl1 Member's premises. tbe IP address fOfwbich is set out in the Schedule; "Schedule": the attacl1ed schedule preceding the Terms to this Agreement; "Staff and Students": the full time or part time students enrolled or accredited to the Member and the full time or part time teaching and rescarcl1 staff entployed by or otherwisc aceredited to the Member (relevant to Nature only); "Scientific: Department Staff and Students": the full time or part time students enrolled or accredited to the Scientific Department of the Men)bers and the full time or part time teaching and researcl1 staff employed by or otherwise accredited to the Scientific Department of the Member (relevant to Journals only); "Site": the premises located at the Site Address set out in the Schedule; . "Supply Period": as set out in the Schedule or as otherwise extended pursuant to Clause 4.1; and - "Terms" these terms and conditioos and the attacJ:ted Exhibit A: - 1.2 The Agreement contains the cntire agreemcnt and \IIldertaking betwccn the parties relating to the Liccnsed Material and supersedes any prior agreement. - 1.3 The terminationof this Agreementshall not pr~udice the rights and remedies of either party againstthe other in r~t of any prior breaeh of covenant.terms.warrantyor condition. - 1.4 The failure of Jlnyparty to enforce any provisionof this Agreementon any one ~asion shall not affect its right to enforce a.nother provision or the Saule provision on another occasioll. - 1.5 Nothing contained in this Agrcenlent sball collstituteor shall be construed as constitutinga partnership, joint venture, or contract of emplo}TU(''I1tbetween the parties. ## 2. DELIVERYANDGRANTOFRIGHTS - 2.1 £Itconsideration of the payments made by the Licensee, and subject to the Licensee observing its obligations under this Agreement, the Licensor grants to the Licensee the following tlOn-cxclusive rights ("the Rights") for the Supply Period: - (a) permit Authorized Users to a~ess via the Network at any time (subject to Clause 7) the Licensor's server, or as the ease may be any service provided by an agent on its bcl1alf, for the purpose of accessing that part of the Licensed Material it has subscribed to access (as indicated in Appendix A) for rc,.<;earcl1, teaching, and private study purposes by means of workstations connected to the Licensee's Network; - (b) makc that pari of the Liccnsed Material an Authorized User has subscribed to (as indicated in Appendix A) accessible din.'CUy or remotely via the respective campus Network to the respective Authorised Users for theirl research. teacl1ing, and private study purposes in accordance with the Licensee's customary policies and practices acceptable to the Licensor; - (c) permit an Authorised User to print and/or download individual articles and other individual itCIlls trom searches of that part of the Licensed Material that the Licensee has subscribed to access (as indicated in Appendix A) for research, teaching, and private study purposes by means of workstations connected to a campus Network; - Cd) permit teaching staff accredited to the Licensee to reproduce individual articles trom that part of the Licensed Material that the Authorized User has subscribed to a~css (as indicated in Appendix A) fordistribution to students accreditt.'d to the Licensee for the purpose of including such individual articles in course study packs; - (e) permit each Authorized User to reproduce single copies of individual articlesftom that part of the Licensed Material that the Authorized User has subscribed to access (as indicated in Appendix A) in hard copy print fonn for distribution without charge in hard copy form (but not electronically) to individual libraries of not for profit, non commercial organisations in accordance with fair usage guidelines. No right or licence is hereby granted to any person provided with such a copy to copy or otherwise deal with that individual article; and - (1) create a hypertext link to any part of the Licensed Matcrialprovided that no person other than an Authoriscd User may use such hypertext link - 2.2 The Rights are personal to the Licensee and do not extend to its subsidiary or parent organisations, or to any other related or affiliated organisations other than tbe Authorized Users as provided herein. The Licensee may Ilot assign, sub-license, transfer, charge or otberwise dispose of its rights under this Agreement without the prior wrinen consent of tile Licensor. - 2.3 Title to, and ownership of, the Licensed Material (including any copies made by or on behalf the Licensee including by the Authoriscd Users) is not transferred to the Licensec aud rcntains vested in the Licensor, subject to the Rights granted in Clause2.1 and Clause4.6. The Licensee acknowledges that any rights not expressly granted in this Ucence are reserved to the Licensor. - 2.4 The Licensee is responsible fur the provision of and payment for the computer equipment and telecommunication services necessary for access to and use of the Licensed Material The Licensor shall not issue credits or refunds against charges incllfrL>d by the Licensee in relation to such telecommunication services or those incurred contacting Customer Support. The Licensee acc<.-pts that the Licensor has no control over such telecommunication services and that the Licensor shall have no liability to the Licensee for the acts or olllissions of providers of teIcconullunication services <>r for fuuits in or failures of their apparatus or of the Licensee's computer equipment. - 2.5 Licensor acknowledgesthat Licenseemay engage the services of third~party trusted archives ("Third Party Archive") to fulfillthe requirCfllents ofthis provision. Theselectionand engagcntent of the Third Party Archive shall be subject to Licensor's prior written consent and Licensec agrees that it will not enter into any archive agreement with a Third Party Archive without Licensor's express written consent Licensor agrees to cooperate with such archiving entities and/orinitiativesas reasonablynecessaryto make the Licensed Materials available for archiving purposes. ## 3. USAGE RESTRICTIONS Except as expressly pcnnitted in Clause 2.1. the Licensee warrants that it win not. nor will it license or permit others to, directly or indirectly, without tIle Licensor's prior written consent: - (a) sell. distribute, license, rent or otherwise exploit the Licensed Material, or any clenlent of it, for any commercial purpose; - (b) make the Licensed Material, or any element of it, available by any means to persons other than AutIlOriSedUsers; - (c) make the Licensed Material, or any clement of it, avail~lbleon, or by, electronic bulletin boards, news groups, Web sites, FTP or allYother means of posting or transmitting material on the Internet, an on-line service or widc area network; - (d) removc or obscure the Licensor's copyright notice ITomthe Licensed Material inciuding hardcopy priut-outs; - (c) use the Lic.crtscd Material to create any derivative work, product or service, or merge tI1C Lict.'1lsed Material with any other product, database, or service; - (1) alter, amend, modify, translate, or change the Licensed Material; - (g) undertake any activity that may have a damaging effect on the Licensor's ability to acbieve rcvenue through selling and marketing the Licensed Material; - (Ii) otherwise lIse tbe Licensed Material supplied in accordance \vith this Agreement in a manner that would .infi:ingethe copyright or other proprietary rights contained within it; - (i) make the Licensed Material or any part of it available by rcntole aecess to any person other than Authorised Users; or - (j) make mass, automated or systematic extractions ITomor hard copy storage of the LicensedMaterial. ## 4. TERM AND TERMINATION - 4.1 This Agreemt'tlt shall begin On the CommenccntentDate and continue for the initial period of the Supply Period as defined in the Schedule.111eLicensor may agree to renew the Supply Period for additional om~..year periods, subject to payment of appropriate fees and aceeptancethercofby the Licensor. If the Supply Period is not so renewed the Agreement shall continuein accordancewithClause4.6. - 42 Eitherpartymayterminatethe SupplyPeriod at any time upon written notice to the other if the other party commitsa material breachof anyterm of this Agreement(fOT the avoidanceofdouht nonpaytnent of any fees as tbey tan due onder this Agreement by the Licensee shall constitute a material breach). The termination will become effectivethirty days after receipt of writtennotice unless, in the ease of a remediablebreach. during the relevant period of thirty days the defaulting partyhas remediedthe breach. - 43 Licensormay terminatethe SupplyPeriod at any time upon lhirty days' written notice to the Licensee. - 4.4 If terminationofthe SupplyPeriodoccursas a result ofnoticebeinggivenbythe Licenseeonder Qausc 4.2, 4.5 or 10.2 or by the Licensorunder Clause 4.3 or 10.2 the Licensor shall repay lhe Licenseea pro-rateableproportionof the Licence Feeas represent,," the paid for but unexpiredSupply Periodat the dateofterminauon. - 4.5 Eitherparty mayterminatethe SupplyPeriod forthwitIl011notice in writing to the other if the other party is unable to pay its debts or ceases or threatens to cease to earry 011 business,goes into administration, receivership or administrative receivership,{)fany event analogousto any of the foregoingoccurs inanyjurisdiction. - 4.6 On termination (including uon-renewal) of the Supply Period, otherwise than as a result of notice being given by the Licensor under Clause 4.2 or 4.5, Licensee shall have no rights of any kind to any Licensed Material printed or otllerwise made available after the date oftenninarion but the Liccusee's non-exclusive liccuce of the Rights shall, subject to, except as otherwise set fortb in this Clause 4,6, all the terms and conditions in this Agreement (including without limitation this subclanse 4.6, Clause 4.8 and the other provi$ions of this Clause 4), continue indefinitely in respect of the Licensed Material accessible as at the date of termination of the Supply Period and listed in: (a) Section A, B and D of tile Schedule SUBJECT ALWAYS to the Licensee's continued compliance with the terms of this Agreement and payment of such reasonable annual access fee as Licensor may trom time to tinte charge (or such alternative supply arrangement terms and costs as the parties may agree); and .- - - -------. - (b) Scction C of the Schedule SUBJECT ALWAYS to the Licensee's continued compliance \vith the terms of this Agreement andpaytllent of such reasonable annual access foo as Licensor may trom tinte to tinlc charge (or such alternative supply arrangement terms and COstsas the parties may agree); PROVIDED THAT due to rights restrictions: (i) only editions and other material published after the CommencClllent Date up to the datc of termination (including non-renewal) of the Supply Period will be accessible (the "C Content") and (ii) it may only be possible to allow access via the Network on the saUle basis as set out at (a) above for a limited period. The Licensor shall, after the end of such limited period and provided that it has the rights to do so, deliver the C Content in a physical stomge media (the "Media") to the Licensee SUBJECT ALWAYS to the Liceusee's compliance with tI1C terms of any additionallicencc tenus notified to the Licensee 011delivery of the Media (the "Media Licence") 1Imtarc appropriate for such physical media (for the avoidance of doubt, in respect of the use of the Media by Ule Licensee the tcrms of the Media Licence shall prevail over the terms oflliis Agreement ifthere is a conflict or otherinconsisteney) and payment of such reasonable supply fee as Licensoc may from tinte to time charge to cover its handling costs (or such alternative supply arrangClllent terms and costs as the parties may agree). ## (the "Post Supply Uccncc"). - 4.7 Without prejudice to any other rights the Licensor may have, the Licensor Ulaysuspend the provision of tbe Licensed Material to any Authorized User \villi immediate effect on written notice without liability if the Licensor belit'ves the Licensed Material is being used by slich Authorized Us(.~sin a manner that contravenes the provisions of this AgrCCOlcnt or the Media Licence or in the event of delay orfuilure to pay in accordance with clallse 5. - 4.8 The Licensor may terminate this Agreement (including the Post Supply Licence) at any time upon written notice to the Licensee if the Licensoo commits a breach of any term of this Agreement or the Media Licence. The termination will becoOle effectivethirty days after receipt of written notice unless, in the case of a remediable default, during the relevant period of thirty days the Licensee has fCllledied thedeUtun. - 4.9 On termination of tIle Supply Period as a result of notice being given by the Licensor under Clause 4.2 or 4.5 or on termination of the Post Supply Licence as a result of notice being given by the Licensor undt)'I' Clause 4.8, ilie Licensee shall have .--'.' - no further rights of any kind in tbe Licensed Material and the Licensee agrees to destroy and use its best endeavours to procure that all Authorised Users destroy, all Licensed Material stored 011its Network or in CD-Rom or other hard copy fonn botb on paper and in any digital infonnation storage media or other physical media storage, including, but not limited to, system servers, hard disk~ diskeues, and back up tapes. - 4.10 When calculating the reasonable axUlual access fee payable by the Licensee purSUaxlt to clause 4.6 the Licensor shall be entitled to increase such fee on 00 a1Ulualbasis including but not limited to reflect any increase in tbe number of Chargeable Users, ooy change in tbe business of the Licensee or ooy inerease in supply or other costs incurred by the Lieeusor. ## 5. LICENCE FEE - 5.1 The Licensee agrees to pay to the Licensor the Liccncc Fcc and a.nyother paymenls under this Agreement within 30days of tbe date of invoice. - 5.2 An amounts payable by the Licensee under this Agreemcnt shall be exclusive of any sales, use.. value addedor similartaxcs. ## 6. NATURE AND JOUR.."IALS LICENCE FEE (NOT APPLICABLE TO NEWS) - 6.1 Where the Licensed Material includes Nature andlor Journals elenlents the Licence Fcc is calculated on thc basis ofChargcable Users. The Licensee warrants that Licensee's Chargeable Users during lite 12 months prior to the Commencement Date did not exceed the number of Chargeable Users for the Licensee as stated in l11e Schedule in respect of Nature andlor .Journals. - 6.2 The Licence Fee is assessed Oll the number of Chargeable Users during thc 12 month period prior to the Conmlcucemcut Dale for the initial 12 month period oFthe Supply Period a1lrlfor each 12 month period prior to a1ly subsequent 12 month extcusions agreed to by the Licensor. TIle Licensl'C mllst immediately notify tbe Licensor if at a1lY time the actual number of Licensee's Chargeable Users exceeds the munbcr of Chargeable Users stated in the Schedule. TIle Liccusee acknowledges that ill the cvt.'Ilt that such numbt.'Tof Chargeable Users inereascs during tbe initial 12 month period of the Supply Period or in a1ly subsequent 12 month extension period agreed. to by tbe Licensor the licenee Fee will be increased in accorda1lCC with the Licensee's then applicable charges for any subsequcut 12 month extension period agreed to by the Licensor> ## 7. LICENSEE'S UNDERTAKINGS - 7.1 The Licensee shall take all reasonable steps to ensure that tbe Licensed Material is used only in accorda1lce",.jth the terms and conditions of this Agrcenlent and shall infoffil AuthorisLxlUsers of the pcnnitted use restrictions and other provisions set out in this Agreement. - 7.2 'l1le Licensee shall put into placc reasonable procedures to monitor the compI1a1lccwith the tcmlS and conditions of this Agreement by the Authorised Users, - 7.3 TIIC Licensee wiU notify the Licensor immediately of infringements that comc to the Licensee's notice and the Licensee agrees to co.. operate with the Licensor as appropriate to stop further abuse should it occur. - 7.4 Subject to Qause 4.9, nothing in this Agreemalt shall make the Licl'l)see liabJeb brcuch of tbe restrictions set out in the terms and conditiotls of this AgrCCUlcut by any AuthorislxI User as long as the Licensee complied\-vith the terms of Clauses 6, 7.1. 7.2 and 7.3 a1ld did not cause, intentionally assist in or alCourage such breach nor allowed it to colltinue ufter having received notice of such breach whether from the Licensor or otherwise. However, in tiH~ evelll of contitluing abuse the Licensor shan be entitled to tcrminatcthis Agreement. - 7.5 The Licensor shall be entitled to monitor the use of the Licensed Material through the Licensors SCfVl'T5,or as the cuse may be any service provided by an agent on its behalf, SO as to monitor compliance with this Agreement In such monitoring, the privacy of individual users shall not be infringed. ## 8. WARRANTlES, UNDERT AKlNGS AND INDEMNJTIES - 8.1 TIlc Licensor warrants to the Licensee that it has full right and authority to grant the Rights to the Liccusecood that the use by the Licensee ofthc Licensed Material in acenrdance with this Agreement will nOtinfiillge the rights of any third party. - 8.2 The Licensor shall inrlenUlifythe Liccusee for the amount of any award of daxllages against the Licensee by a court of competent jurisdiction as a rcsult of any claim arising from a breach of the wammty in Clause 8.1 provided that the Licensee must inform the Licensor immediately upon beeoming aware of any claim,not attempl to Ofsettle the daim Hndgive assistance to the Ltct<'1!sor l10shaHbe entitled to w assumesoleconduct defenceandshal!have the fight at its opti<rn: - (a) topmcnfe the right for the Licmscc to continue using the Licensed Material; - (b) to make sucb altcratioos, modifications Of adjustments toth.e Licensed Material tllat it becomes Ilo.n-iuftinging without incurring Ii material reductioo in perfonnauce or fimction;or - to replace tile Licensed Material with non~ substitutes provided tlull such substitutes do not entail 11 material reduction in performance or fimctiofL - SU Thc Liccnsor shall not be liable to the Licensec lor any loss or damage whal$o!.w<,'r limn omissions or jmtt.t:nrades hi the !'vlaterial of how caused. The Licensor docs not wanant that access to the Licensed Materia! wiIlbe tree tro.merrors or faults In the cvent of a fault, the Licensee shall notify Customer s.upport of the same telephone, electronic mail or in writing, - 8A Widlolltprejudice to the of the the Licensor shan unt be liablefor any U'Otn: - lure or malfimctinu material extent fronttl1c operator error, use other than in with the tJser Documentation or any other misuse or ilbuse onhe Licensed Materials; ncgligcncc. accordance wholly (a) - the failure the Licensee t.o implement rcemnmendations previously advised by the Liceu$orin of, or solutions faults in the Licensed or - the de!.~ompitationor modification of the Material or its merger with any ()ther or any maintenance adjustment or cuhancement of the Material other than the Licensor or its or prograin by any person rcpair - the Licensee or any Authorised User being unable to exercise the Rights due to tbe Licensed material bdng unavailable as 11 result of any ad or omission of the Licmsorprovided that the period for which the Licensed Material is not available shan not exceed a period of 50 hours (in aggregate) in any c<mtrnuonsperiod of lOOO hours, - 8.5 Licensee shal! use comnlerciaHy reasonable efforts consistent with the efforts it uses to safeguard its own confidential il1ibrmatiol1and efforts to saleguard the property, confidential information including without limitation the terms of this and proprietary rights of the Licensor, eKceptas rt:quin:d by law, Thc proprictary intcllcclual CONDITIONS. 8.6 THE LICENS.EDMATERIAL IS PROVIDED" AS IS." NEITHER THE LICENSOR NOR ANYONE ELSE MAKES ANY WARRANTlES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,\VARRANTIES OF QUALITY, ACCURACY OR PlTNESSFOR A PARTICULAR PURPOSE, EXCEM' AS EXPRESSLY PROVIDED IN nus 8 AND CLAUSE 12, ALL WARRANTIES, TERMS, AND UNDERTAKINGS EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN RESPECT OF THE LICENSED MATERIAL ARE TO THE FULLEST EXTENT PEIDiHTTED 1:1''1' LAW EXPRESSLYEXCLUDED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN)' REPRESENTATIYE OF TIlE LICENSOR OR BY ANYONE ELSE SHALLCREATEANY Vv'ARRANTIES, - 8.7 The content of the Licensed fVlateriaI is subjcct to change without notice Licensee underst,mds that fi'om time to time the Materials may be added to, modified, or delett<'tl from and/or that portions ofthe Licensed Materials may migrate to oilier formats, If .my such withdrawal renders the Liccnsed Materials materially less llseful to Lict'usee I)r its Authorized the Licenscchas the to terminate this and rt'Ceivea rc1illldoftbe license fcc. ## 9. USAGE STATISTICS (RELEVANT TO NATURE, JOURNALS AND tcir I1H:Liccnsor connmu,to the Licenseetha.t stati$tic5 the online of Natu journalsand Newseoverooby wiII be provided for each campus. The Lict'!1sorfilrfht'.r contirtns that it shaH use all reasonableendeavoursto ensure that such m statisticswill adhere to the of COUNTERCode of including data clements conected and definitions; data precessing guidclines, report content, fi'equencyand Provided That thcse statistics aTestrictly for ilie Licensee's internal use and tite Licensor shall not he required to disclose any inlbrmntiOlIto fhe Licensee \vhieh it is prohibited ftom to the due to legal or regulatory constraint imposed I including Vi<lthOllf nitation an)' app!iellble h 01' data protection 1\1gislatimlor contracfual obligations ## HJ. FORCE MAJEURE - failure to any term or AgreeulCllt as a result of its control slich as. hut not governmental or damage or destruction of any network fadlities or shall not he deemt'C! a bre-achofthis 10.I Eitller condition { conditions b{~yond limited to, war, power lailurcs, 10.2 If any event set oul in Clause 10.1 shall continue for a in excess of 30 days either party shan he entitled to terminate this Agreement forthwith by written notice to fue other. ## t 1. NOTICE notice to be sLned on either the other under this A.grecrnentshan sent recorded delivery or regisllTed to the address of the addressce as set out the Schedule (II to sucll other address as notined by eilhcr party to the other as it.';address for servke of notices and all such notices shall be decrued to have been received within 48 hours after posting. Any ## 12. LIABILITY 12.1 Neither excludes or lilnits liability to the other part)' or injury eaused its 0\\<11 negligence or any o11l<:r liability tbe exclusion or limitatioo of which is probibited law. 12.2 as provided for ill Clause 12,I above, the liability of tbe Liccrlsor in respect of any and all chUms (whether in contral~tor ill out of or in connection ,,,hIt this Agr(''CfIlcnl in n~spect of each event or series of c,Qunected(wents to the greater\" or atl amount equal 10 (he ft~es paid under this - 12.3 Exceot as provided for in Clause 12.1, g anything cise contained in Ihis in no eventshallthe Licensor be liable to the Licenseefor: - loss of anlicipatl'd sa1 reveflUt1, - or conscqucntial (11) indirect loss or damage; and - any in the tjcL'I!::;tXl MateriaL ## 14. SEVERABILITY In the even! auy provision of this is held by a court or other tribuna! Qf competent jurisdiction to be etlntrary to law, the remaining provisions of this Agrecrnrol ,viii renmin in {hU force and efl'CeL ## IS. WAIVERS sought No of this may waivedexceptm a party whomthe waiver roforced ## 16. THIRD PARTY RIGI-JTS Nothing in this is intended to conler on any third party, whether pursuant to the of Third Parties) Act 1999 or mhcnvisc. ## Appendix A Campuses of the University of California University of Califomia, Bt'rkclcy University ofCaJifomia, Davis University 0 r CaJifomia, Irvine University ofCalifomia. Los Angeles University ofCalifomia, Merced University of Califomia, Riverside University ofCalifbmia, San Diego University ofCalifhmia, San Francisoo University ofCalifomia, Santa Barbara University of California, Santa Cruz University of Califomia Office of the Presidcnt UCLawrence Livermore National Labortory UC Lawrence Berkeley Laboratory Consortium Liccn.'IC US 2006 ## Appendix B University of California IP Addresses UC Berkeley [Text deleted] UC Davis [Text deleted] UC Irvine [Text deleted] UC Los Angeles [Text deleted] UC Merced (not yet opened) [Text deleted] UC Riverside [Text deleted] UC San Francisco [Text deleted] UC Santa Barbara [Text deleted] UC Santa Cruz [Text deleted] UC San Diego [Text deleted] UC Office of the President - California Digital Library [Text deleted] UC Lawrence Berkley Laboratory [Text deleted] UC Lawrence Livermore Laboratory [Text deleted]

- 4.1 This Agreemt'tlt shall begin On the CommenccntentDate and continue for the initial period of the Supply Period as defined in the Schedule.111eLicensor may agree to renew the Supply Period for additional om~..year periods, subject to payment of appropriate fees and aceeptancethercofby the Licensor. If the Supply Period is not so renewed the Agreement shall continuein accordancewithClause4.6. - 42 Eitherpartymayterminatethe SupplyPeriod at any time upon written notice to the other if the other party commitsa material breachof anyterm of this Agreement(fOT the avoidanceofdouht nonpaytnent of any fees as tbey tan due onder this Agreement by the Licensee shall constitute a material breach). The termination will become effectivethirty days after receipt of writtennotice unless, in the ease of a remediablebreach. during the relevant period of thirty days the defaulting partyhas remediedthe breach. - 43 Licensormay terminatethe SupplyPeriod at any time upon lhirty days' written notice to the Licensee. - 4.4 If terminationofthe SupplyPeriodoccursas a result ofnoticebeinggivenbythe Licenseeonder Qausc 4.2, 4.5 or 10.2 or by the Licensorunder Clause 4.3 or 10.2 the Licensor shall repay lhe Licenseea pro-rateableproportionof the Licence Feeas represent,," the paid for but unexpiredSupply Periodat the dateofterminauon. - 4.5 Eitherparty mayterminatethe SupplyPeriod forthwitIl011notice in writing to the other if the other party is unable to pay its debts or ceases or threatens to cease to earry 011 business,goes into administration, receivership or administrative receivership,{)fany event analogousto any of the foregoingoccurs inanyjurisdiction. - 4.6 On termination (including uon-renewal) of the Supply Period, otherwise than as a result of notice being given by the Licensor under Clause 4.2 or 4.5, Licensee shall have no rights of any kind to any Licensed Material printed or otllerwise made available after the date oftenninarion but the Liccusee's non-exclusive liccuce of the Rights shall, subject to, except as otherwise set fortb in this Clause 4,6, all the terms and conditions in this Agreement (including without limitation this subclanse 4.6, Clause 4.8 and the other provi$ions of this Clause 4), continue indefinitely in respect of the Licensed Material accessible as at the date of termination of the Supply Period and listed in: (a) Section A, B and D of tile Schedule SUBJECT ALWAYS to the Licensee's continued compliance with the terms of this Agreement and payment of such reasonable annual access fee as Licensor may trom time to tinte charge (or such alternative supply arrangement terms and costs as the parties may agree); and .- - - -------. - (b) Scction C of the Schedule SUBJECT ALWAYS to the Licensee's continued compliance \vith the terms of this Agreement andpaytllent of such reasonable annual access foo as Licensor may trom tinte to tinlc charge (or such alternative supply arrangement terms and COstsas the parties may agree); PROVIDED THAT due to rights restrictions: (i) only editions and other material published after the CommencClllent Date up to the datc of termination (including non-renewal) of the Supply Period will be accessible (the "C Content") and (ii) it may only be possible to allow access via the Network on the saUle basis as set out at (a) above for a limited period. The Licensor shall, after the end of such limited period and provided that it has the rights to do so, deliver the C Content in a physical stomge media (the "Media") to the Licensee SUBJECT ALWAYS to the Liceusee's compliance with tI1C terms of any additionallicencc tenus notified to the Licensee 011delivery of the Media (the "Media Licence") 1Imtarc appropriate for such physical media (for the avoidance of doubt, in respect of the use of the Media by Ule Licensee the tcrms of the Media Licence shall prevail over the terms oflliis Agreement ifthere is a conflict or otherinconsisteney) and payment of such reasonable supply fee as Licensoc may from tinte to time charge to cover its handling costs (or such alternative supply arrangClllent terms and costs as the parties may agree).

45b4b101-32e0-4b31-b53f-49f70df047c5

STDeGruyter_amdt8_UCSD_Redacted

I ## AMENDMENT 8 TO GENERAL LICENSE AGREEMENT This· Amendment ("Amendment") dated 6/ 18/2014 to the License Agreeme. nt Walter de Gruyter, Inc. dated 6/1/2011 ("Agreement") is \_y and between Walter de Gruyter, Inc., hereinafter b referred to as "DeG" and The Regents of the University of California hereinafter referred to as "Licensee" on behalf of the California Digital Library WHEREAS, the parties hereto previously entered into an Agreement, dated 6/1/2011 and the parties hereto desire to amend certain terms of the Agreement; NOW, THEREFORE, in consideration of the agreements and obligations set forth in the Agreement and this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: - 1. Modifications to the Agreement. The Agreement is hereby modified to include the Journal Archive Purchases (1826-2013) as per Amendment schedule 1 - 2. legal Effect. Except as set for the herein, air of the terms and conditions of the Agreement shall remain in full force and effect. In the event of conflicting or additive terms between the terms of the Agreement and this Amendment, the terms of this Amendment shall apply in lieu of those in the Agreement. Any capitalized term used in this Amendment shall have the meaning given thereto in the Agreement. IN WITNESS WHEREOF, the parties hereto have entered in to this Amendment as of the date above written. Regents of the University of California, californla Digital Library II . ## Schedule 1: Jo.urnal Archives purchase (1826-2013) ## Purchase Terms | Product | Radiochimica Acta Archive Zeitschrift fi.ir Kristalfographie - Crystalline Materials Archive Zeitschrift fur Physikalische Chemie Archive Historlsche Zeltschrift Archive Klio Archive Philologus Archive Vierteljahreshefte fur Zeitgeschichte Archive STUF ..: Language Typology and Universals Archive | |--------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Billing address | University of california, San Diego I Electronfc Resources, Acq. Dept, Library 93-0175 | | Purchase fee | | | Purchase date | 6/18/2014 | | Property rights to the product | The licensee acquires property rights to the product with the | | | University of California San Diego | | Authorized Users | Students, employees and servants of the University of California San Diego: All currently enrolled full or part-time students of the Client (incl. visiting students); currently employed faculty (whether on a permanent, temporary, contract or visiting basis); teaching staff, administrators and staff (permanent or temporary) as well as contractors of the Customer. Library Users: any person who is not a member of the authorized users mentioned above and who holds a current, valid library card from the Customer as well as walk-in-users. |

| Product | Radiochimica Acta Archive Zeitschrift fi.ir Kristalfographie - Crystalline Materials Archive Zeitschrift fur Physikalische Chemie Archive Historlsche Zeltschrift Archive Klio Archive Philologus Archive Vierteljahreshefte fur Zeitgeschichte Archive STUF ..: Language Typology and Universals Archive | |--------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Billing address | University of california, San Diego I Electronfc Resources, Acq. Dept, Library 93-0175 | | Purchase fee | | | Purchase date | 6/18/2014 | | Property rights to the product | The licensee acquires property rights to the product with the | | | University of California San Diego | | Authorized Users | Students, employees and servants of the University of California San Diego: All currently enrolled full or part-time students of the Client (incl. visiting students); currently employed faculty (whether on a permanent, temporary, contract or visiting basis); teaching staff, administrators and staff (permanent or temporary) as well as contractors of the Customer. Library Users: any person who is not a member of the authorized users mentioned above and who holds a current, valid library card from the Customer as well as walk-in-users. |

74b6440d-a938-4728-916f-06e4d0dc7207

STIOP_Archive_variation5_2015_Redacted

THIS AGREEMENT is made the day of 2015 ## BETWEEN - (1) IOP PUBLISHING LIMITED a company incorporated in England (registered number 467514) and having its registered office at Temple Circus, Temple Way, United Kingdom ("IOPP"); and - (2) THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a non-profit academic institution, with its principal offices at The California Digital Library, 415 20 h Street, 4th Floor, Oakland CA, 94612, USA (the "Consortium") 1 ## RECITALS - (A) In an agreement dated 18 November 2002 ("the Archive Agreement'') the Consortium entered into an agreement with IOPP under which the parties agreed that Authorised Users of the Licensees would be able to access electronically IOPP's Historic Full-Text Archive (1874 1991) and the Recent Archive (1992-1999). - (B) In an agreement dated 23 September 2003 ("the Second Variation Agreement") the parties varied the Archive Agreement again, making a number of changes to its terms. - (C) In an agreement dated 21 May 2008 ("the Third Variation Agreement") the parties varied the Archive Agreement again to expand the Products to include Europhysics Letters and Physica Scripta. - (0) In an agreement dated 6 July 2011 (''the Fourth Variation Agreement") the parties varied the Archive Agreement again to expand the Products to include more content. - (E) The parties now wish to vary the Archive Agreement to substitute Schedule 1 of the Archive Agreement with the attached Schedule 1A which sets out all of the archive content that the Consortium is licensing under the Archive Agreement. ## 1. THE TERMS. - 1.1. The parties agree to change the definition of the Products to refer to the content sent out in Schedule 1A to this Fifth Variation Agreement. - 1.2. In consideration of the v~ this Fifth Variation Agreement, . the Consortium shall pay IOPP . . \_ - 1.3. All terms used in this Fifth Variation Agreement shall have the same meaning as in the Archive Agreement as varied by the First, Second, Third and Fourth Variation Agreements. - 1.4. The Archive Agreement shall remain in effect other than as expressly varied by the First, Second, Third and Fourth Variation Agreements and this Fifth Variation Agreement. - 1.5. This Fifth Variation Agreement shall be deemed to commence on December 1, 2015. As witness the hl;lnds of the parties the day and year first above written. - -------- -------- - - - ••- • • - - ------, ## SCHEDULE1A ## The Products in the Archive Agreement shall be those set out in this Schedule 1A. | Tl ties | E-ISSN | P-ISSN | Start year | End Year | |-----------------------------------------------------------------|-------------|----------------------|---------------|-------------| | 2D Materials | 2053-1583 | • Electronic only | 2014 | 2014 | | Advances in Natural Sciences: Nanoscience and Nanotechnology•• | 2043-6262 | 2043-6254 | 2010 | 2014 | | Aoolied Physics Express | 1882-0786 | 1882-0778 | 2008 | 2014 | | Biofabrication | . 1758-5090 | 1758-5082 | 2009 | 2014 | | Bioinsoiratlon and Biomimetics | 1748-3190 | 1748-3182 | 2006 | 2014 | | Biomedical Materials | 1748-605X | 1748-6041 | 2006 | 2014 | | Chinese Physics B | - | .1674-1056 | 2008 | 2014 | | Formerly: Chinese Physics | - | 1009-1963 | 2000 | 2007 | | Formerly: Acta Physica Sinica (Overseas Edition) | | | 1992 | 1999 | | Chinese Phvsics C | - | 1674-1137 | 2008 | 2014 | | Formerly: High Energy Physics and Nuclear Physics | - | 0254-3052 | - | - | | Chinese Physics Letters | 1741-3540 | 0256-307X | 1984 | 2014 | | Classical and Quantum Gravitv | 1361-6382 | 0264-9381 | 1984 | 2014 | | Combustion Theory and Modelling | | 1364-7830 | 1997 | 2001 | | Communications in Theoretlcal Physics | - | 0253-6102 | 1982 | 2014 | | Comoutational Science & Discovery | 1749-4699 | 1749-4680 | 2008 | 2014 | | Distributed Systems Engineering | 1361-6390 | 0967-1846 | 1993/ 1994 | 1999 | | Environmental Research Letters•• | 1748-9326 | Electronic only | 2006 | 2014 | | EPL | 1286-4854 | 0295-5075 | 1986 | 2014 | | Eurooean Journal of Physics | 1361-6404 | 0143-0807 | 1980 | 2014 | | Fluid Dynamics Research | 1873-7005 | 0169-5983 | 1986 | 2014 | | Inverse Problems | 1361-6420 | 0266-5611 | 1985 | 2014 | | IOP Conference Series: Earth and Environmental Science•• | 1755-1315 | 1755-1307 | 2008 | 2014 | | IOP Conference Series: Materials Science and Engineering•• | 1757-899X | 1757-8981 | 2009 | 2014 | | Japanese Journal of Aoolled Physics | 1347-4065 | 0021-4922 | 1962 | 2014 | | Journal of Breath Research | 1752-7163 | 1752-7155 | 2007 | 2014 | | Journal of Cosmology and Astroparticle Physics | 1475-7516 | Electronic onlv | 2003 | 2014 | | Journal of Geophysics and Engineerina | 1742-2140 | 1742-2132 | 2004 | 2014 | | Journal of High Energy Physics | 1029-8479 | •• Electronic Only | 1997 | 2009 | ~- \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_, L | Journal of Instrumentation | 1748-0221 | Electronic only | 2006 | 2014 | |------------------------------------------------------------------------------------------------------------------|--------------|-------------------|--------|--------| | Journal of Micromechanics and Microenaineerina | 1361-6439 | 0960-1317 | 1991 | 2014 | | Journal of Neural Engineering | 1741-2552 | 1741-2560 | 2004 | 2014 | | Journal of Optics | 2040-8986 | 2040-8978 | 2010 | 2014 | | Formerly: Journal of Optics k Pure and Aoolied Optics (from 1999) | 1741-3567 | 1464-4258 | 1999 | 2009 | | (Formed by merger of Journal of Optics (1977-1998) and | - | 0150-536X | 1977 | 1998 | | Pure and Applied Optics: Journal of the European Optical Society Part A ( 1992- 1998)) | 1361-6617 | 0963-9659 | 1992 | 1998 | | Formerly: Nouvelle Revue d'Optique ( 1973- 1976) | - | 0335-7368 | 1973 | 1976 | | Formerly also Nouvelle Revue d'Optique Aoollauee (1970-1972) | - | 0029-4780 | 1970 | 1972 | | Journal of Physics A: Mathematical and Theoretical (from 2007) | 1751-8121 | 1751-8113 | 2007 | 2014 | | Formerly: Journal of Physics A: Mathematical and General (1975-2006) | . 1361-6447 | 0305-4470 | 1975 | 2006 | | Formerly: Journal of Physics A: Mathematical, Nuclear and General (1973-1974) | - | 0301-0015 | 1973 | 1974 | | Formerly: Journal of Physics A: General Physics (1968-1972) | - | 0022-3689 | 1968 | 1972 | | Journal of Physics B: Atomic, Molecular and Ootical Physics (from 1988) | 1361-6455 | 0953-4075 | 1988 | 2014 | | Formerly: Journal of Physics B: Atomic and Molecular Physics (1970-1987) | - | 0022-3700 | 1970 | 1987 | | Formerly: Journal of Physics B: Proceedings of the Physical Society: Atomic and Molecular Physics (1968- 1969) | - | 0368-3508 | 1968 | 1969 | | In 2006 this journal merged with Journal of Optics B: Quantum & Semiclassical Ootics(1999-2005) | 1741-3575 | 1464-4266 | 1999 | 2005 | | Formerly Quantum and Semiclassical Optics: Journal of the European Optical Sciety Part B (1995-1998) | 1361-6625 | 1355-5111 | 1995 | 1998 | | Formerly Quantum Optics: Journat of the European Optical Society Part B (1989- 1994) | - | 0954-8998 | 1989 | 1994 | | Journal of Physics: Condensed Matter (from 1989) Formed by meraer of: | 1361-648X | 0953-8984 | 1989 | 2014 | | Journal of Physics C: Solid State Physics (1970- 1988) | - | 0022-3719 | 1970 | 1988 | | Formerly: Journal of Physics C: Proceedings of the Physical Society: Solid State Physics (1968-1969) and | - | 0368-3516 | 1968 | 1969 | |--------------------------------------------------------------------------------------------------------------|-----------|-----------------|---------|--------| | Jo. urnal of Physics F: Metal Physics (1971-1988) | - | 0305-4608 | 1971 | 1988 | | Journal of Physics: Conference Series•• | 1742-6596 | 1742-6588 | 2004 | 2014 | | Journal of Physics D: Aoolied Physics | 1361-6463 | 0022-3727 | 1968 | 2014 | | Formerly British Journal of Applied Physics (1950 -1967) | - | 0508-3443 | 1950 | 1967 | | Journal of Physics G: Nuclear and Particle Physics | 1361-6471 | 0954-3899 | 1989 | 2014 | | Formerly: Journal of Physics G: Nuclear Physics (1975-1988) | - | 0305-4616 | 1975 | 1988 | | Journal of RadioloQical Protection | 1361-6498 | 0952-4746 | 1988 . | 2014 | | Formerly : Journal of the Society for Radiological Protection (1981 - 1987) | - | 0260-2814 | 1981 | 1987 | | Journal of Semiconductors | | 1674-4926 | 2009 | 2014 | | Formerly: Chinese Journal of Semiconductors | - | 0253-4177 | - | - | | Journal of Statistical Mechanics: Theory and Exoeriment | 1742-5468 | Electronic only | 2004 | 2014 | | Journal of Turbulence | 1468-5248 | | 2000 | 2004 | | Laser Physics | 1555-6611 | 1054-660X | 2013 | 2014 | | Laser Physics Letters | 1612-202X | 1612-2011 | 2004 | 2014 | | Materials Research Express | 2053-1591 | Electronic only | 2014 | 2014 | | Measurement Science and Technoloav | 1361-6501 | 0957-0233 | 1990 | 2014 | | Formerly: Journal of Physics E: Scientific Instruments (1968-1989) | - | 0022-3735 | 1968 | 1989 | | Formerly Journal of Scientific Instruments (1923-1967) | - | 0950-7671 | • 1923 | 1967 | | Methods and Applications in Fluorescence | 2050-6120 | Electronic only | 2013 | 2014 | | Metroloaia | 1681-7575 | 0026-1394 | 1965 | 2014 | | Modelling and Simulation in Materials Science and Enoineerino | 1361-651X | 0965-0393 | 1992 | 2014 | | Nanotechnology | 1361-6528 | 0957-4484 | 1990 | 2014 | | Network: Computation in Neural Systems | | 0954-898X | 1990 | 2001 | | New Journal of Physics•• | 1367-2630 | Electronic only | 1998 | 2014 | | Nonlinearity | 1361-6544 | 0951-7715 | 1988 | 2014 | | Nuclear Fusion | 1741-4326 | 0029-5515 | 1960 | 2014 | - • - • - ----------------------------------"' | Physica Scripta | 1402-4896 | 0031-8949 | 1970 | 2014 | |-----------------------------------------------------------------------------------------------------------------|-------------|-----------------|--------|--------| | Physical Bioloav | 1478-3975 | 1478-3967 | 2004 | 2014 | | Physics Education | 1361-6552 | 0031-9120 | 1966 | 2014 | | Phvsics in Medicine & Bioloav | 1361-6560 | 0031-9155 | 1956 | 2014 | | Physics in Technoloav | - | 0305-4624 | 1973 | 1988 | | Formerly: Review of Physics in Technology (1970 - 1972) | - | 0034-6683 | 1970 | 1972 | | Physioloaical Measurement | 1361-6579 | 0967-3334 | 1993 | 2014 | | Formerly Clinical Physics and Physiological Measurement (1980-1992) | - | 0143-0815 | 1980 | 1992 | | Plasma Physics and Controlled Fusion | 1361-6587 | 0741-3335 | 1984 | 2014 | | Formerly: Plasma Physics (1967-1983) | - | 0032-1028 | 1967 | 1983 | | Formerly Journal of Nuclear Energy Part C, Plasma Physics, Accelerators, Thermonuclear Research (1959- 1966) | - | 0368~3281 | 1960 | 1966 | | Plasma Science and Technoloiw | - | 1009-0630 | 1999 | 2014 | | Plasma Sources Science and Technology | 1361-6595 | 0963-0252 | 1992 | 2014 | | Proceedings of the Physical Society ( 1958-1967) | - | 0370-1328 | 1958 | 1967 | | Proceedings of the Physical Society Section A (1949-1957) | - | 0370-1298 | 1949 | 1957 | | Proceedings of the Physical Society Section B (1949-1957) | - | 0370-1301 | 1949 | 1957 | | Proceedings of the Physical Society (1926-1948) | - | 0959-5309 | 1926 | 1948 | | Proceedings of the Physical Society of London(1874-1925) | - | 1478-7814 | 1874 | 1925 | | Public Understanding of Science | | 0963-6625 | 1992 | 2001 | | Publications of the Astronomical Society of the Pacific | 1538-3873 | 0004-6280 | 1889 | 2014 | | Quantitative Finance | | 1469-7688 | 2001 | 2001 | | Reports on Progress in Phvsics | 1361-6633 | 0034-4885 | 1934 | 2014 | | Research in Astronomy and Astrophysics | - | 1674-4527 | 2009 | 2014 | | Formerly Chinese Journal of Astronomy and Astroohysics | - | 1009-9271 | 2001 | 2008 | | Semiconductor Science and Technoloav | 1361-6641 | 0268-1242 | 1986 | 2014 | | Smart Materials and Structures | 1361-665X | 0964-1726 | 1992 | 2014 | | Suoerconductor Science and Technoloov | 1361-6668 | 0953-2048 | 1988 | 2014 | | Surface Topography: Metrology and Properties | 2051-672X | Electronic onlv | 2013 | 2014 | | Transactions of the Optical Society (1899- 1932) | - | 1475-4878 | 1899 | 1932 | | Waves in Random Media | | 0959-7174 | 1991 | 2001 |

- 1.1. The parties agree to change the definition of the Products to refer to the content sent out in Schedule 1A to this Fifth Variation Agreement. - 1.2. In consideration of the v~ this Fifth Variation Agreement, . the Consortium shall pay IOPP . . \_ - 1.3. All terms used in this Fifth Variation Agreement shall have the same meaning as in the Archive Agreement as varied by the First, Second, Third and Fourth Variation Agreements. - 1.4. The Archive Agreement shall remain in effect other than as expressly varied by the First, Second, Third and Fourth Variation Agreements and this Fifth Variation Agreement. - 1.5. This Fifth Variation Agreement shall be deemed to commence on December 1, 2015. As witness the hl;lnds of the parties the day and year first above written. - -------- -------- - - - ••- • • - - ------,