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Important!
The CHIN Agreement with Contributing Institutions has been reproduced below for your information only.
If applying for membership, you MUST download the entire CHIN/VMC Membership Package (PDF). This will allow you to print, complete, sign and return all required sections to CHIN by mail or fax.
Note: Institutions wishing to become Contributing Members must complete and sign the CHIN Agreement with Contributing Institutions section of the CHIN/VMC Membership Package.
CHIN AGREEMENT WITH CONTRIBUTING INSTITUTIONS
WHEREAS CHIN is responsible for developing and managing national
Databases that include Artefacts Canada and the Virtual Museum of
Canada's Image Gallery and that are made publicly accessible on the
Internet (hereinafter called "the Databases");
AND WHEREAS the Institution is a CHIN/VMC Member and wishes
to contribute to the Databases content about its collections that
includes object records or images (hereinafter referred to as "the
Data").
The Parties Hereby Agree that:
1.0 IN CONSIDERATION OF CHIN's development and management of the
Databases:
1.1 The Institution shall upload to CHIN the Data as per the technical
specifications provided on the CHIN Web site. CHIN hereby reserves
the right to modify the technical specifications from time to time
and shall provide the Institution with reasonable notice thereof.
1.2 Where applicable, the Institution shall allow CHIN to link to
the Institution's images residing on the Institution's server and
the Institution shall provide CHIN with current URLs, as required
from time to time.
1.3 Where compatible systems and standards will support the remote
retrieval of Data and integration of the Data into comprehensive search
results for users of the Databases, and where both parties agree,
the Institution shall not be required to upload the Data to CHIN but
shall give CHIN any necessary access to institutional databases to
support Data retrieval and integration.
1.4 The Institution shall be responsible for the accuracy of the Data
that it contributes to the Databases.
1.5 If the institution is contributing images to Artefacts Canada as part of
its Data, then the Institution shall provide CHIN with three digital images
(captured at a minimum of 300 dpi) saved as 24 bit TIFF files, along with the
information for each image which shall be used for promotional purposes as
provided for in paragraph 4.4 of this Agreement.
2.0 REQUIREMENTS: CHIN
2.1 CHIN shall maintain and host the Databases on its servers, and
research ways to facilitate access to their content.
2.2 CHIN shall not modify the provided Data contained in the Databases
without the written consent of the Institution.
2.3 CHIN will make reasonable efforts to protect the intellectual
property rights held by the Institution in its Data, and shall include
copyright notices that provide notice of the rights of the Institution
with respect to its Data and the rights of CHIN as the intellectual
property rights holder in the Databases.
3.0 DURATION
3.1 This Agreement shall come into effect upon the date of signature
to this Agreement and shall remain in effect in perpetuity.
3.2 Either party may terminate the Agreement on 60 days written notice
to the other party.
4.0 INTELLECTUAL PROPERTY
4.1 The Institution hereby grants CHIN a non-exclusive license, to
use, reproduce, exhibit and communicate to the public by telecommunication
the Institution's Data on the World Wide Web as part of the Databases.
4.2 The Institution hereby grants CHIN the right to link to images
residing on the Institution's server by replicating URLs as provided
by the Institution to CHIN from time to time.
4.3 Where both parties agree to operate as provided for in paragraph
1.3 of this Agreement, the Institution hereby grants CHIN the non-exclusive
right, to use, reproduce, exhibit and communicate by telecommunication
the Institution's Data on the World Wide Web as part of the Databases.
4.4 CHIN is hereby granted the right to use, reproduce, exhibit and
communicate to the public by telecommunication the three digital images
as provided for in paragraph 1.5 of this Agreement, for the purpose
of promoting the Databases.
4.5 CHIN is hereby granted the right to use, reproduce, exhibit and
communicate to the public by telecommunication any image contained
in the Data for the purpose of featuring the said images, from time
to time, as electronic postcards in the Virtual Museum of Canada,
in the Virtual Museum of Canada's Image Gallery, or other views of
the Databases that CHIN may determine necessary, from time to time.
4.6 CHIN is hereby granted the right to use, reproduce, exhibit and
communicate to the public by telecommunication extracts of the Databases
containing the Institution's Data for the purposes of participating
in studies and test bed projects that relate to the research and development
of technology, museum interoperability standards and digital rights
management applications.
4.7 CHIN is hereby granted the right to license the use of extracts
of the Databases containing the Institution's Data for a fee to third
parties. Should CHIN exercise these rights as described herein, CHIN
shall provide the Institution with reasonable notice thereof and the
Institution shall have the option to request that its Data not be
included as part of the extract being licensed for use by a third
party. Should the Institution elect to allow the use of its Data as
described herein, the parties to this Agreement shall enter into a
revenue sharing arrangement on mutually agreed upon terms and conditions.
4.8 The Institution hereby represents and warrants that it either
owns or has cleared all intellectual property rights in the Data necessary
to allow CHIN to exercise the grant of rights by the Institution to
CHIN contained in this Agreement.
4.9 Nothing in this Agreement shall be construed as implying the transfer
of ownership of the intellectual property in the Institution's Data
to CHIN.
4.10 The Institution acknowledges that CHIN holds all intellectual
property rights in the Databases.
4.11 Nothing in this Agreement shall impose any obligation on CHIN
to make use of any of the grant of rights set forth herein.
5.0 LIABILITY AND INDEMNIFICATION
5.1 The Institution shall indemnify, defend and forever hold harmless
CHIN, its officers, employees and agents against and from any and
all third party claims, lawsuits, judgements and expenses (including
without limitation, reasonable legal fees) arising out of CHIN's exercise
of the licenses granted to CHIN by the Institution herein. This paragraph
shall survive the termination of the Agreement.
6.0 APPLICABLE LAW
6.1 This Agreement shall be governed and interpreted according to
the laws in force in the province of Ontario.
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