UNIVERSITY OF MANITOBA MSPACE DISTRIBUTION LICENCE

NON-EXCLUSIVE DISTRIBUTION LICENCE

In the interest of facilitating research by others at the University of Manitoba (hereinafter referred to as the "University") and elsewhere, you (the author(s) or copyright owner) hereby by signing and submitting this licence grant to the University the non-exclusive right to reproduce, translate (as defined below), archive and/or distribute your submission including the abstract (hereinafter the "Licensed Materials") worldwide in print and electronic format and in any medium, including but not limited to audio or video. 

It shall be permissible for the University to grant other organizations the right to reproduce, communicate to the public by telecommunication, preserve and make available to the public the Licensed Materials in a publicly accessible online environment, and to permit users of MSpace to reproduce copies of the Licensed Materials for non-commercial research and educational purposes or in accordance with an Open Licence applied to the Licensed Materials by you. This licence does not permit the sale of reproductions or copies of the Licensed Materials at a profit and use of the Licensed Materials shall be without compensation to you. 

This licence shall continue for the full term of the copyright or so long as may be legally permitted. 

You agree that the University may, without changing the content, translate the Licensed Materials to any medium or format known or hereinafter known for the purpose of preservation.

You also agree that the University may keep more than one copy of the Licensed Materials for purposes of security, back-up and preservation.

You represent that the Licensed Materials are your original work, and that you have the right to grant the rights contained in this licence. 

You also represent that the Licensed Materials do not, to the best of your knowledge, infringe upon any rights of others, including copyright and privacy rights.

You further represent, warrant, or promise :

- To inform any person to whom you hereafter assign or license copyright in the Licensed Materials, or any part thereof, of the rights granted by you to the University in this non-exclusive licence;

- That you have obtained permission from any co-authors to include any co-authored material in the Licensed Materials prior to submitting the Licensed Materials to MSpace;

- That you have obtained permission from any information or data owner for use of any proprietary information or data contained in the Licensed Materials;

- That, if the Licensed Materials contain material for which you do not hold copyright, you have obtained the unrestricted permission of the copyright owner to grant the University the rights required by this licence, and that such third-party owned material is clearly identified and acknowledged within the text or content of the Licensed Materials. You agree that you will provide copies of any written permissions you have obtained for third party materials upon request by the University.

You shall save harmless and indemnify the University for any liability, losses, damages and awards resulting from any actions, suits demands or claims, including respecting an alleged or proven copyright infringement by the contents of the Licensed Materials or respecting defamatory statements contained within the Licensed Materials, and arising from the exercise by the University of its rights hereunder in this non-exclusive licence. 

The University will clearly identify your name(s) as the author(s) or owner(s) of the Licensed Materials, and will not make any alteration, other than as allowed by this licence, to the Licensed Materials.

IF THE LICENSED MATERIALS ARE BASED UPON WORK THAT HAS BEEN SPONSORED OR SUPPORTED BY AN AGENCY OR ORGANIZATION OTHER THAN THE UNIVERSITY, YOU REPRESENT THAT YOU HAVE FULFILLED ANY RIGHT OF REVIEW OR OTHER OBLIGATIONS REQUIRED BY SUCH CONTRACT OR AGREEMENT, AND THAT DEPOSIT OF THE LICENSED MATERIALS DOES NOT CONFLICT WITH YOUR OBLIGATIONS UNDER THAT CONTRACT OR AGREEMENT. IF YOU REQUIRE ANY CHANGES IN ACCESS TO THE LICENSED MATERIALS FOLLOWING DEPOSIT, WHILE THE UNIVERSITY WILL ATTEMPT TO ACCOMMODATE YOUR REQUEST, ANY COPIES OF THE LICENSED MATERIALS WHICH ALREADY HAVE BEEN MADE UNDER THE SUB-LICENCES GRANTED HEREIN SHALL REMAIN VALID. THE UNIVERSITY IS ONLY ABLE TO RESPOND TO REQUESTS RELATED TO CHANGING ACCESS TO COPIES OF THE LICENSED MATERIALS WITHIN ITS DIRECT CONTROL.

You acknowledge that the University shall not be responsible for any misuse of the Licensed Materials by third parties who access the Licensed Materials through the University.