From: "Tom O'Hare" <[log in to unmask]> Date: Tue, 24 Nov 2015 23:36:31 -0500 Hi John, It sounds like they're allowing scholarly sharing and attempting to delineate exactly what that is. Scholarly sharing is, itself, kind of a complicated issue. Users from other institutions aren't allowed to access all of your EBSCO resources willy-nilly, though they would be able to access individual items on a case by case basis. The library has to keep its hands off of it, though, lest it violates ILL policies elsewhere in the agreement (and in the section you quoted). I am not a lawyer and my interpretation isn't gospel, but I have written and read my fair share of license agreements. That's my best guess as to what EBSCO is going for in that clause. Hope this is a little bit helpful, Tom (Formerly of T&F and Springer) On Nov 24, 2015, at 10:15 PM, LIBLICENSE <[log in to unmask]> wrote: From: "Dixon, John ([log in to unmask])" Date: Tue, 24 Nov 2015 10:49:19 +0000 Dear all I’ve been reading the EBSCO product license, at http://support.ebsco.com/ehost/terms.html and I’m a bit confused by section B. The last part two lines which I’ve put in bold are a bit unclear. When I first read these two lines I thought it was referring categorically to users at non-subscribing institutions. Taken in this vein these lines suggest that users from non-subscribing institutions are allowed remote access as long as it is for personal use (but not for commercial or cost-reduction) However, earlier in the paragraph it has been stated that remote access for non-subscribing institutions is prohibited: “security procedures are undertaken that will prevent remote access by institutions, employees at non-subscribing institutions or individuals, that are not parties to this Agreement” So on second reading I thought maybe these two lines refer to the ‘patrons of subscribing institutions’ mentioned in the sentence before the two in bold? This is the paragraph in question: B. The Licensee is authorized to provide on-site access through the Sites to the Databases and Services to any Authorized User. The Licensee may not post passwords to the Databases or Services on any publicly indexed websites. The Licensee and Sites are authorized to provide remote access to the Databases and Services only to their patrons as long as security procedures are undertaken that will prevent remote access by institutions, employees at non-subscribing institutions or individuals, that are not parties to this Agreement who are not expressly and specifically granted access by EBSCO. For the avoidance of doubt, if Licensee provides remote access to individuals on a broader scale than was contemplated at the inception of this Agreement then EBSCO may hold the Licensee in breach and suspend access to the Database(s) or Services. Remote access to the Databases or Services is permitted to patrons of subscribing institutions accessing from remote locations for personal, non-commercial use. However, remote access to the Databases or Services from non-subscribing institutions is not allowed if the purpose of the use is for commercial gain through cost reduction or avoidance for a non-subscribing institution. Remote access for personal use from these institutions is permissible. I’m pretty sure that EBSCO are trying to say that users at non-subscribing institutions cannot access their resources, but I think this isn’t clear in the wording of the licence. It would be nice to see how others interpret this paragraph. Many thanks John John Dixon Library Systems Officer Canterbury Christ Church University Email: [log in to unmask]