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NDLR Pilot: User Terms and Conditions

Before you can proceed you have to confirm that you are an authorised user of an Irish HE institution, and agree to abide by certain conditions laid out below.

In order to access learning resources/materials in the Repository, it is necessary to be an authorised user, that is, an academic or researcher employed by an academic institution that has entered into an Institutional Licence Agreement with HEA/NDLR. If you are not an authorised user, then, your access/use of the materials deposited in the Repository is illegal.  Please read the following terms and conditions before logging on to the NDLR.

By accessing materials contained in the Repository, you warrant that you are an authorised user and promise to observe the terms and conditions under which access and use of the deposited materials are made available to authorised users. 

A.  Permitted Users

Authorised users are permitted to access and use materials placed in the Repository for educational purposes, defined as use/access for the purpose of education, teaching, learning, private study, and/or research. 
Access to the Repository is permitted in order to facilitate searching, retrieving, caching, saving, display and downloading of deposited material in such circumstances as NDLR may determine. 
The saving of a part or the whole of deposited material includes the electronic transfer of materials from one physical support to another. 
The use of materials placed in the Repository includes uses for educational purposes in general and (subject to section B below, “Restrictions on Use”) includes:
the printing of copies of part or the whole of deposited material and distribution of copies to students for the purpose of research or private study;
to reproduce unchanged parts or the whole of the deposited material and incorporate that material into another work or add that material to an existing collection of work;
to add notations or commentaries to any part, or parts, or the whole of a deposited material in such a way as to make it clear to subsequent users that the notations or commentaries did not form part of the deposited material. 
The use of deposited materials includes the right to make an adaptation of the deposited materials, as defined in the Copyright and Related Rights Act 2000, and includes the right to add to, delete, amend, modify or comment upon the deposited materials, as long as it is made clear to subsequent users who are able to access, view or otherwise receive the adaptation, that the modified materials were not, in that form, the materials initially deposited in the Repository.  The adaptation must meet the requirement that the modification constitutes a fair dealing for the purposes of criticism or review, within the terms of S.51, and will contain a sufficient acknowledgement of the deposited materials and the moral rights relating to the deposited materials.  The right to make an adaptation includes the right to make the adaptation available to others for educational purposes. 
The use of deposited materials or adaptations of deposited material includes copying in non-electronic form, including Braille, for inclusion in course and study packs, subject to any statutory reprographic licence requirements. 
The use of deposited materials or adaptations of deposited materials includes the right of making such material available to others for educational purposes, including:
incorporation of such material into virtual learning environments in circumstances where such materials are only accessible to staff and students in your institution;
performing, showing or playing a copy of such material to an audience, insofar as that performance, showing or playing takes place at or during a lecture, conference, seminar, workshop or similar event.  Making paper copies of such material available to persons who attend the lecture, etc., or similar event is also permitted. 
For the purpose of publicising the Repository, or for training purposes, authorised users may display, download, print or otherwise make available deposited material or adaptations thereof. 

B.  Restrictions on Use

Any use of deposited materials and/or adaptations must be in accordance with the requirements of the Copyright and Related Rights Act 2000, in particular the fair dealing provisions relating to research or private study, criticism or review and must observe the moral rights provisions in that legislation (paternity right and integrity right). 
Any commercial use of deposited materials and/or adaptations is forbidden.  Neither the authorised user nor students may:
sell such materials or rent or lend such materials;
copy such materials for the purpose of sale, rental or lending of that copy;
remove, obscure or modify, or affix copyright notices unless so authorised by NDLR;
circumvent any technological protection measures placed on such materials or which form part of the Repository learning environment. 
It is a fundamental breach of the NDLR conditions to upload, make available to the public, reproduce or display any part of the deposited materials or adaptations on any electronic network such as the Internet or the World Wide Web or any other storage or distribution system that does not constitute a secure network. 
Authorised users will not use or adapt deposited materials in any way which is contrary to laws relating to copyright, defamation, privacy law, including data protection law, or any other civil or criminal law. 

C.  Complaints Procedure

In the event that NDLR receives a complaint about deposited materials or adaptations, NDLR is obliged to act expeditiously to remove or disable access to materials complained of.  When notified by NDLR of such a complaint, authorised users will, expeditiously:
remove the material in question from any part of a network to which the user has access or block any future access thereto;
suspend the use of such material in whatever form the material exists (electronic, paper, etc.);
secure the return of distributed copies of such material from students;
follow any instruction that NDLR may make in relation to the material in question. 

BC.VC.088:27.04.07

 

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