This product rider (“Product Rider”) amends the IPA entered into between Licensee and Licensor for the Services specified the invoice. Unless otherwise defined herein, capitalized or defined terms herein have the same meaning as those in the JSTOR Forum Terms and Conditions, available at https://about.jstor.org/terms/jstorforum.
It is understood by the parties that Licensee seeks to license the JSTOR Forum Enterprise Plan in addition to the other services provided by Licensor under the IPA. The Parties hereby agree that the features of the Enterprise Plan are those listed below:
| Service/Feature Included | Enterprise Plan |
|---|---|
| Administrative User Seats | Unlimited |
| Cataloguer User Seats | Unlimited |
| User Support | Licensor will make available a dedicated support manager to address user questions and technical issues. Further information available at https://support.forum.jstor.org/. |
| Training | Online public training monthly. |
| Storage | 1TB included. Additional TBs available (for additional fees). |
| Backup Copies/Preservation | Licensor will save Hosted Content on a daily basis to a backup site, to provide secure storage for the Hosted Content source files for disaster recovery purposes. Artstor will also provide archival preservation for Hosted Content consistent with Level 1 of the National Digital Stewardship Alliance’s suggested guidelines. Notwithstanding the foregoing, Licensor makes no representations or guarantees about archiving Hosted Content or providing secure storage of derivative files corresponding to Licensee’s source files. |
| File Types Supported | Images, Audio, Video, Compound Objects, Documents (further information available at https://support.forum.jstor.org/article/supported-file-types-and-sizes) |
| Number of projects | Unlimited (subject to storage) |
| Number of records | Unlimited (subject to storage) |
| Flat cataloging | Included |
| Relational cataloging for work records | Included |
| Data schemas | Dublin Core, VRA Core 4, Darwin Core, Custom Schema |
| Integrated Getty Vocabularies (ULAN, TGN, AAT) | Included |
| Publishing Options | Commons area, Institutional Collections (on the Artstor Image Workspace), Personal Collection (on the Artstor Image Workspace), Omeka, OAI, DPLA, and other sites that may be added from time to time.Please note that not every publishing option may accept every file type. Third-party publishing options may place restrictions on the types of content that may be published on their sites. |
| Inter-institutional Collection sharing within Artstor Image Workspace | Ability to share Hosted Content with up to 50 Institutional Licensees. Institutions with which you share content must have an active Artstor Digital Library subscription. |
| JSTOR Forum API | Available |
| Downtime | Licensor will use reasonable efforts to provide continuous availability of JSTOR Forum subject to periodic unavailability due to maintenance and/or updates of the server(s) and platform and downtime related to equipment or services outside the control of Licensor. If Licensor fails to provide online availability to JSTOR Forum for more than 72 hours during any period of 30 consecutive calendar days Licensee may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its fee for each 30-day period so affected or (b) terminate its agreement by providing written notice to Licensor. |
| Effect of Termination | Upon termination of Licensee’s Enterprise Plan subscription:
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| Indemnification by Licensor | Licensor will indemnify, defend, and hold harmless Licensee, its Authorized Users, employees, officers, directors, trustees and agents (the “Licensee Indemnified Parties”) with respect to all costs, damages, reasonable attorneys’ fees, and other reasonable expenses arising out of claims against the Licensee Indemnified Parties asserting that the JSTOR Forum software infringes a third party’s patents, trademarks or copyrights, provided that Licensor will not be liable or indemnify with respect to claims related to: (a) links to non-Licensor sites; (b) Hosted Content or any other content; (c) breaches by Licensee Indemnified Parties of the Terms and Conditions; (d) any uses of JSTOR Forum not authorized in the Terms and Conditions; or (e) software made available on an open source basis. Licensor will control the defense of such claims and will have the right to designate counsel and control all negotiations, litigation, arbitration, settlements, compromises and appeals of such claims, and Licensee will: (i) immediately notify Licensor upon learning of any such claim; (ii) provide to Licensor such information regarding such claim as Licensor will reasonably require; (iii) reasonably cooperate in its defense and (iv) not make any admission or seek to compromise any claim without the consent of Licensor. Licensee may participate in (but not control) the defense of such claims with counsel of its selection at its sole expense. |
| Indemnification by Licensee | Licensee will indemnify, defend and hold harmless Licensor, its affiliates, employees, officers, directors, trustees, agents, collaborators, licensors, and licensees (the “Licensor Indemnified Parties”) with respect to all costs, damages, reasonable attorneys’ fees, and other reasonable expenses arising out of claims against the Licensor Indemnified Parties, but only if such claims relate to Hosted Content or its removal; Licensee’s or Authorized Users’ violation of this Agreement, the Terms and Conditions, or applicable Law; failure of Licensee to obtain Approvals (defined below); or if Licensor acts pursuant to its DMCA obligations, including without limitation terminating Licensee’s or any Authorized User’s access to Hosted Content or JSTOR Forum. |
| Modification | In the interest of managing evolving technologies, Licensor reserves the right to reasonably modify this Product Rider, at any time except it is Licensor’s intention that such modifications shall not materially detract from the scope of services outlined herein. Licensor will notify Licensee via email of material modifications, and such modifications will become effective for an Institutional Licensee if it does not object in writing to Licensor within 60 (sixty) days from the time Licensor emails notice of the modification. In the event of such an objection, Licensor shall make reasonable efforts to address any concerns or the Licensee will have the right to terminate this service plan on 30 (thirty) days written notice. |
Last updated on November 7, 2017