Draft Digital Agreement between UMI and UW-Madison

The Board of Regents of the University of Wisconsin System on behalf
of the University of Wisconsin-Madison, Graduate School (University)
and UMI recognize that the technologies underlying the current systems
of scholarly communication continue to evolve.  As digital publication
and distribution become more widely adopted, UMI desires to assist
graduate institutions in their efforts to establish and maintain
digital access to their student's doctoral dissertations and Master's
theses.  To that end, University and UMI provide the following
assurances.

The term of this Agreement shall be for two years, beginning on
September 1, 1999, and terminating on August 31, 2001, unless earlier
terminated as otherwise provided in this Agreement.  University shall
have the option to extend this Agreement for one (1) year, which may
be exercised by giving 60 days written notice to UMI in advance of
expiration of term with the option to renew the Agreement for one
year.  Either party may terminate this Agreement upon 90 days written
notice to the other party. 

As part of its ProQuest Digital Dissertation program, UMI will accept
doctoral dissertations and Master's theses (collectively referred to
as "Dissertations") in digital format.  Further, UMI will digitize all
paper Dissertations submitted by candidates from University.
Copyright ownership of the Dissertation shall remain with the
author/creator of the Dissertation who in a separate agreement has
granted UMI the non-exclusive right to reproduce and distribute the
Dissertation, in whole and in part, in and from an electronic format.
UMI will maintain these Dissertations in digital format on its own
server and distribute these files over the World Wide Web as Adobe PDF
files.  UMI will provide University, at no charge, with access in
digital format to all the Dissertations submitted by its doctoral and
Master's degree candidates and store the Dissertations in digital
format as outlined above.  University  acknowledges that all
distribution and reproduction of the Dissertations in any format is
subject to the Copyright Act of 1976, as amended.   However,
University reserves the right to use the Dissertations for its
educational and research purposes and agree  not to sell any of the
materials it retrieved through the ProQuest Digital Dissertation
program.  Provided, however, that University may make available for
inter-library loan copies of each of its candidates' dissertation or
thesis. 

In addition to maintaining the Dissertation in microform format, UMI
will maintain  its complete digital archive in at least two separate
digital media.  Files will be sampled and analyzed on a regularly
scheduled basis.  Whenever a read error occurs in a file, UMI will
recover the file from the second copy.  If errors are encountered in
both media, the recoverable portions of the file will be concatenated,
new files will be created and refreshed information will be stored
once again on at least two separate media.  If UMI migrates its
digital collection of Dissertations to new media, UMI will put forth
its best efforts to maintain backward compatibility to prior
technologies and media. 

If UMI or a successor entity cancels the Pro Quest Digital
Dissertation program and no longer distributes Dissertations in any
format as part of its business activities, University will receive
copies of all Dissertations its doctoral and Master's degree
candidates submitted to UMI under the ProQuest Digital Dissertation
program to the date of the program's cancellation.  Dissertation
submitted to UMI for publication in digital format will be returned to
University at no charge.  Dissertations submitted to UMI on paper and
reformatted by UMI into digital format will be supplied at cost
recovery.  In all cases, Dissertations will be returned by UMI or its
successor entity to University in a medium and format readable with
commonly available software, together with any documentation necessary
to facilitate local access and distribution at the University.  All
further distribution or reproduction of the Dissertations is subject
to the Copyright Act of 1976, as amended.