"Activation Date" shall mean the date the Subscriber shall first be permitted to accss the Licensed Works in accordance with the terms of this Agreement and the Regional Network/Subscriber Agreement.
"Anniversary Date" shall mean the anniversary of the Activation Date in each year throughout the Term.
"Authorized Users" shall mean (a) individuals who are authorized by the Subscriber to access the Ssubscriber's information services available through a Secure Network and who are (i) affiliated with the Subscriber as current students, faculty, library patrons, employees, or in some other capacity whereby they are permitted to access such services in the Subscriber's ordinary course of business, or (ii) are physically present on the Subscriber's premises.
"Authentication" shall mean the process whereby an individual establishes to the Subscriber that he or she is an Authorized User.
"Commercial Use" shall mean use of the Licensed Works for the purposes of monetary reward (whether by or for the Subscriber, an Authorized User, or any other person or entity) by means of sale, resale, loan, transfer, hire, or other form of exploitation; provided, however, that neither recovery of direct costs by the Subscriber from its Authorized Users, nor use by the Subscriber or by an Authorized User in the course of research that incidentally uses Licensed Works and that is funded by a commercial organization shall be deemed to be Commercial Use.
"Course Packs" shall mean collections or compilations of printed materials (e.g., entries, articles) assembled by faculty or staff of the Subscriber, if the Subscriber is an educational institution, for use by students in connection with a specific course of instruction offered by the Subscriber to its students.
"Electronic Reserves" shall mean electronic copies of materials (e.g., entries, articles from the Licensed Works) made and stored on the Secure Network by the Subscriber, if the Subscriber is an educational institution, for use by students in connection with a specific course of instruction offered by the Subscriber to its students.
"Fair Use" shall mean use by the Subscriber or an Authorized User (a) conforming to Sections 107 and 108 of the Copyright Revision Act 1976 as those provisions have been amended and may be amended from time to time, or (b) conforming to the guidelines developed by the National Commission on New Technological Uses of Copyrighted Works ("CONTU Guidelines").
"Licensed Works" shall mean the licensed databases as set out in the Regional Network/Subscriber Agreement.
"OUP Trademarks" shall mean the designations OXFORD ENGLISH DICTIONARY, OED, AMERICAN NATIONAL BIOGRAPHY, ANB, OXFORD, and OXFORD UNIVERSITY PRESS, and such other designations as OUP may specify from time to time in written notifications to the Regional Network.
"Regional Network" shall mean the Regional Network identified hereinabove through which the Subscriber paid for the license to access the Licensed Works.
"Secure Network" shall mean a network (whether a stand alone network or a virtual network within the Internet) which is only accessible to Authorized Users whose identities are authenticated at the time of log-in and periodically thereafter, consistent with current best practices, and whose conduct is subject to regulation by the Subscriber.
"Server" shall mean either OUP's server or a third party server designated by OUP on which the Licensed Works are mounted and through which the Subscriber may gain access to the Licensed Works by means of the World Wide Web.