Institutional Site-License Agreement – Albert-Ludwigs-Universität Freiburg

Excerpts from the

Energy Transition Show Institutional Site-License Agreement

This License Agreement is made 16 November 2019 between:

XE Network, a not-for-profit organization, having its main office at 2-2609 1st Avenue West, Vancouver, British Columbia V6K 1H1 Canada (hereinafter called „XE Network“)


Albert-Ludwigs-Universität Freiburg, represented by the Universitätsbibliothek, Platz der Universität 2, 79098 Freiburg, Germany (hereinafter called „Institutional Licensee“)

  1. Welcome to the Energy Transition Show and License grant

    1. XE Network’s integrated digital platform “Energy Transition Show Platform” is a trusted digital library which provides access to conversations with leading experts and thinkers on energy from around the world, as well as content such as transcripts and research notes related to these recorded interviews. Energy Transition Show is a production of the XE Network, a not-for-profit organization with a mission to help the world engage with rich scholarly and professional content in ways enabled by advances in technology, and is supported by podcast membership fees and media production for its clients.

    2. XE Network hereby grants to the Institutional Licensee, subject to and in accordance with the terms and during the Term of this License Agreement, a non-exclusive worldwide license to access and use the Energy Transition Show Platform and the Licensed Content and to allow Authorized Users to access and use the Energy Transition Show Platform and the Licensed Content.

  2. Authorized Users

    Access to content on Energy Transition Show Platform is available for Institutional

    Licensee‘s “Authorized Users”, meaning individuals who are affiliated with the Institutional Licensee. XE Network recognizes individuals affiliated with the Institutional Licensee by Institutional Licensee’s IP address that is logged upon registration.

    This includes, as applicable:

    1. currently enrolled students (including distance education students);

    2. researchers and lecturers affiliated and/or visiting under the terms of an agreement with the Institutional Licensee;

    3. full and part-time staff and contractors of the Institutional Licensee; and

    4. registered users of the Institutional Licensee’s libraries: Persons who are not currently enrolled students, affiliated or visiting researchers, lecturers or full time staff, part-time staff

    or contractors of the Institutional Licensee, but who are registered users of the Institutional

    Licensee’s libraries, which are open to the public, are also deemed to be Authorised Users and may register for access to the Licensed Content (see Clause 3.2 below), when they are within the physical premises of the Institutional Licensee.

  3. The Content

    1. “Content” means the collective of:

      “Podcasts Episodes”, defined as complete full-length audio files of Energy Transition Show episodes that can be downloaded or streamed.

      “Podcast Episode pages”, defined as content related to episodes which is available on the web and restricted to members only, (i.e not freely available to non-paid members on, such as the show research notes and links that are associated with each podcast.

      “Transcripts” are the content of each interview that is translated from spoken word to written word. The interactive transcript player on Energy Transition Show Platform follows each word in real-time as audio plays online.

      “Member feed” which is the RSS feed of full member episodes that is secured by username and password, and only accessible by registrants on the Energy Transition Show Platform.

      Every two weeks XE Network releases a new Energy Transition Show podcast (26 podcasts per year, each 60 – 90 minutes in length) along with English transcripts and extensive show research notes. „Content“ also includes the complete back catalog of currently more than 100 episodes.

    2. “Licensed Content” means the complete Content defined above for which the Institutional Licensee has licensed access, including all new content released during the Term of this license.

  4. Access to and Permitted Uses of the Content

    1. Access by Authorized Users to the Licensed Content requires personal registration on the Energy Transition Show Platform. The personal registration can only be made from the IP ranges of the Institutional Licensee, i.e. from the physical premises of the Institutional Licensee or remotely via Virtual Private Network (VPN). Persons who are not currently enrolled students, affiliated or visiting researchers, lecturers or full time staff, part-time staff or contractors of the Institutional Licensee, but who are registered users of the Institutional Licensee’s libraries, which are open to the public, may register for access to the Licensed

      Content, only when they are within the physical premises of the Institutional Licensee. During the personal registration, a personal login is defined for access to the Licensed Content. The personal login allows access to the Licensed Content from anywhere in the world.

      Registrations and simultaneous access to the Licensed Content are unlimited in number. After one year from the date of registration, the account expires and a new personal registration is required. When a person ceases to be an Authorized User, he/she may continue to access the Licensed Content until the account expires one year after registration or until termination of this License Agreement, whichever comes first.

    2. Institutional Licensees and/or Authorized Users may access, search, hear/view, reproduce, display, download, locally save, print, extract, perform, and distribute Licensed Content for the following Permitted Uses, provided they abide by the restrictions in this Section 4, Section 5 and elsewhere in these Terms and Conditions of Use:

      1. research activities;

      2. classroom or organizational instruction and related classroom or organizational activities;

      3. student assignments;

      4. as part of a scholarly, cultural, educational or organizational presentation or workshop, if such use conforms to the customary and usual practice in the field;

      5. authors or other Content creators may at their discretion incorporate their Content (other than Books) into unrestricted databases or website with prior permission from XE Network and other applicable rights holders;

      6. linking;

      7. Data for Research;

      8. on an ad hoc basis and without commercial gain or in a manner that would substitute for direct access to the Content via services offered by XE Network, sharing discrete portions of Content for purposes of collaboration, comment, or the scholarly exchange of ideas;

      9. downloading Content to hear/view, use and display including on a personal digital device (e.g. mobile devices, e-readers, and personal computers);

      10. in research papers or dissertations, including reproductions of the dissertations, provided such reproductions are only for personal use, library deposit, and/or use solely within the institution(s) with which the Authorized User and/or his or her faculty readers are affiliated;

      11. fair dealing under the Copyright Act of Canada, educational exceptions, or other similar provisions of the copyright laws or other intellectual property right laws in Canada;

      12. private information and study; and

      13. incorporation of single small parts of the Licensed Content in printed and electronic course packs, study packs, resource lists and in any other material (including but noch limited to multi-media works) and/or in virtual learning environments, managed learning environments, virtual research envirionments and library environments) hosted on the internal network of the Institutional Licensee. Each item shall carry appropriate acknowledgement of the source, listing title and author.

    3. The portions of Licensed Content that have been downloaded or printed out by an Authorized User may continue to be used in compliance with these Terms and Conditions even if such license should later terminate or expire.

  5. Prohibited Uses of the Content

    Institutions and users may not:

    1. use or authorize the use of the Energy Transition Show Platform or Content for commercial purposes or gains, including charging a fee-for-service for the use of Energy Transition Show beyond reasonable printing or administrative costs. For purposes of

      clarification, “commercial purposes or gains” shall neither include research whose end-use is commercial in nature, nor recovery of direct costs by the Institutional Licensee from

      Authorized Users, nor charging Authorized Users for use of the Institutional Licensee’s libraries, nor the collection of tuition fees, nor use of the Licensed Content by the Institutional Licensee or by Authorized Users in the course of research funded by a commercial organisation.

    2. except as set forth above, provide and/or authorize access to the Content available through Individual Access, the Publisher Sales Service, or other programs to persons or entities other than Authorized Users;

    3. attempt to override, circumvent, or disable any encryption features or software protections employed in the Energy Transition Show Platform;

    4. undertake any activity such as the use of computer programs that automatically download or export Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators that may interfere with, disrupt or otherwise burden XE Network’s server(s) or any third-party server(s) being used or accessed in connection with Energy Transition Show; or

    5. undertake coordinated or systematic activity between or among two or more individuals and/or entities that, in the aggregate, constitutes downloading and/or distributing a significant portion of the Content; or

    6. make any use, display, performance, reproduction, or distribution that exceeds or violates the terms and conditions of this License Agreement.

    7. modify, obscure, or remove any copyright notice or other attribution included in the Content;

    8. incorporate Content into an unrestricted database or website, except as provided in 4.1(e) above;

    9. reproduce or distribute Content in bulk, such as in course packs, electronic reserves, repositories, or organizational intranets (but see Section 4.1(f) and (m) above).

  6. Linking

    XE Network encourages the use of links to facilitate access to the Content by Authorized Users and Institutional Licensees, including but not limited to links to online syllabi, bibliographies, and reading lists. All Content has a stable URL that can be found in the Search interfaces of the Energy Transition Show website as well as in the URL bar of the page.

  7. Interlibrary Loan

    Institutional Licensees may not fulfill requests from other libraries for access to Energy Transition Show Content. An Institutional site license only authorizes use of the Content for a single institution’s users.

  8. Responsibilities of Users

    1. Access. Institutional Licensees shall make reasonable efforts to ensure that access to the Licensed Content is limited to Authorized Users and to protect the Licensed Content from unpermitted use, including but not limited to by verifying the status of Authorized User, ensuring that its unique Energy Transition Show Platform registration page is only accessible to Authorized Users. Authorized Users shall be responsible for maintaining the confidentiality and security of his or her username and/or password (if such are provided), and for all usage or activity by them of Energy Transition Show and may not provide access to Energy Transition Show to anyone else.

    2. Unpermitted Use. Institutional Licensees and Authorized Users shall notify XE Network of any such unpermitted use of which they learn or are notified, including but not limited to any known or suspected unauthorized use(s) of an individual or institutional account or unauthorized use of Energy Transition Show, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a username, password, and/or IP address, and shall work cooperatively with XE Network to resolve problems of unpermitted use. In the event of violation of these Terms and Conditions of Use by an Authorized User, (a)

      XE Network may suspend or terminate, or, where practicable, request that Institutional

      Licensee suspend or terminate, such Authorized User’s access to the Licensed Content; (b) XE Network may suspend or terminate the access of the Internet Protocol (“IP”) address(es) or other authorization and authentication mechanisms from which such unauthorized use occurred; and/or (c) XE Network may request Institutional Licensee to consider the imposition of further reasonable restrictions on access to, and downloading from, the Energy Transition Show Platform. XE Network shall make reasonable efforts to contact the Institutional Licensee prior to any suspension or termination of access and to restore access promptly following successful resolution of the matter.

    3. Posted Material. Where Authorized Users are able to submit material and/or post comments on the Energy Transition Show Platform, they must not upload or otherwise publish through Energy Transition Show Platform any materials that: (a) are protected by copyright, or other proprietary or intellectual property rights; (b) are libelous, defamatory, obscene, pornographic, abusive, or invasive of another’s privacy or hateful; or (c) contain a virus, spyware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. Authorized Users must accept that any material that they submit or comments that they post may be edited, removed, modified, and/or published by XE Network without notice.

    4. Hardware and Software. Institutional Licensees understand and agree that Internet browser software is required to access the Energy Transition Show Platform and Institutional Licensees and/or Authorized Users are responsible for providing and maintaining any hardware and Internet access necessary to provide access to the Energy Transition Show Content and any and all costs associated therewith.


  1. Intellectual Property Rights

    1. General Intellectual Property Rights. The Energy Transition Show Platform and any trademarks, issued patents and patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other

      intellectual property rights (collectively, “Intellectual Property”) relating to the Energy Transition Show Platform and its participating libraries, universities, publishers, scholarly societies, and journals are proprietary to XE Network or, as applicable, the aforementioned entities, subject to the rights of third parties.

    2. Trademarks. Neither XE Network nor Institutional Licensee may use the other’s name or trademark and Institutional Licensees and users may not use the name or trademarks of the above-noted entities without approval except: (i) XE Network may use Institutional

      Licensee’s name and/or the names of its libraries in brochures or other materials to identify Institutional Licensee as Licensee of Energy Transition Show along with other Licensees, and

      (ii) Institutional Lisensee is encouraged to use Energy Transition Show’s name and logo to announce licensing of Energy Transitions Show to Authorized Users and to train Authorized Users on the use of Energy Transition Show.

  2. Responsibilities of XE Network

    1. XE Network will use reasonable efforts to provide continuous availability of the Energy Transition Show Platform and of the Licensed Content 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 XE Network (“Maintenance Downtime”).

    2. XE Network has thoroughly tested the Platform and ensures compatibility with modern desktop and mobile devices. It offers reasonable and timely technical support to assist users is supplementing instructions provided on the Platform for access to the Content.