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LICENSE AGREEMENT FOR INSTITUTIONAL ONLINE SUBSCRIPTIONS
In this Agreement, the following terms shall have the following meanings:
License - Shall mean the License set out in the Grant of License provision.
Licensor - Shall mean Edizioni Minerva Medica (hereinafter referred to as the Publisher).
Licensee - Shall mean the Organisation purchasing an online subscription (hereinafter referred to as the Subscriber).
Subscription Fee - Shall mean the subscription fee payable by the Subscriber for the Licensed Material as set out on the Website.
Licensed Material - Shall mean the online version of each of the Publisher’s journals for which the Subscriber holds a current institutional subscription for online access or which includes online access.
Authorised Users - Shall mean any individual who is an employee, independent contractor, student, faculty or staff member of the Subscriber who is approved by the Subscriber to employ the Secure Network for access to the Licensed Material, using valid Internet Protocol (''IP'') address(es) provided by the Subscriber to the Publisher. Shall also mean any other individual who is approved by the Subscriber to use the Secure Network at the Subscriber’s premises for access to the Licensed Material.
Secure Network - Shall mean a computer network controlled and operated by the Subscriber that is accessible only to Authorised Users who are at the Subscriber’s premises or who are allowed remote access.
Commercial Use - Shall mean use of the Licensed Material by the Subscriber, Authorised Users or any third party for the purposes of monetary reward by the means of the sale, resale, loan, transfer, hire or other form of exploitation.
Site - Shall mean the electronic site http://www.minervamedica.it on which the Licensed Material will be displayed.
Location - Shall mean, for the purposes of the single-site License, a single geographic location of a single Organisation in a single city, or multiple geographic locations administered centrally of a single Organisation in a single city and its surroundings. Shall mean, for the purposes of the multi-site License, multiple geographic locations administered independently of a single Organisation in different cities, provinces, states or countries, or multiple geographic locations administered independently of a single Organisation in a single city and its surroundings, or multiple geographic locations administered centrally of a single Organisation, in different cities, provinces, states or countries.
Subscription Period - Shall mean the period January-December.
If the Subscriber subscribes to more than one of the Publisher’s journals online, this License shall govern each subscription and the Subscriber’s use of each of the Publisher’s journals online.
Grant of License
Upon receipt of the Subscription Fee, the Publisher grants the Subscriber a non-exclusive, revocable, non-transferable right to allow Authorised Users to access the Licensed Material by means of a Secure Network at the Location for the purpose of research, teaching and private study.
On expiry of the Subscription Period, the Subscriber shall be entitled to continue to exercise the rights granted by this Agreement for the Subscription Period, with the exception of any portion of the Licensed Material that has been removed from the archive, damaged or sold. The means by which the Subscriber shall have access to such Licensed Material shall be in a manner as determined by the Publisher. Where any Licensed Material is sold, the Publisher shall use every reasonable endeavour to ensure that the purchaser can provide ongoing access to the Subscriber for the relevant portion of the Licensed Material.
The Publisher holds the copyright for all works published in the Licensed Material, as a compilation and as individual articles, unless otherwise expressly noted.
Neither the Subscriber nor any Authorised User shall claim ownership of the Licensed Material, or any intellectual property rights in the Licensed Material, by virtue of their use of or access to the Licensed Material.
Terms and conditions
All use of the Licensed Material is subject to all applicable copyright laws and fair use conventions, and reproduction of any portion of the Licensed Material is permitted as follows:
Each single Authorised User may download and save only one file and print only one copy of the portion of the Licensed Material which he/she has selected.
Inter-library Loan. Where the Subscriber is an academic library or a non-commercial organisation the Publisher grants the Subscriber the non exclusive right to supply ( by post, fax or secure electronic transmission using Ariel or its equivalent which allows the article to be deleted after printing) to an authorised user of another academic library (Inter-library Loan, ILL) in the same country as the Subscriber, for purposes of research or private study and not for commercial use, a single paper copy of an electronic original of an individual article from a journal included in the Licensed Material. If the number of copies provided in any one calendar year for any one journal title to any one library exceeds two articles, the Subscriber will forward the request to the Publisher who will undertake to provide the article on a pay per view basis. The Publisher may request reports in respect of the Subscriber’s use of the Licensed Material in such Inter-library Loan, provided the confidentiality of user data shall be maintained.
Course use. Where the Subscriber is an institution, the Subscriber and Authorised Users may use a reasonable portion of the Licensed Material in the preparation of course packs or other educational materials for Authorised Users. Each article must carry acknowledgement of the source, title, author and publisher. Copies of such items shall be deleted by the Subscriber when they are no longer required for such purpose.
It is not permitted to each single Authorised User to make additional copies (either sporadically or systematically, either printed or electronic), of the Licensed Material either wholly or in part for any purpose. It is not permitted to distribute the purchased electronic copy through online internet and/or intranet file sharing systems, electronic mailing or any other means which may allow access to the Licensed Material by individuals other than the Authorised Users.
The use of all or any part of the Licensed Material for any Commercial Use is not permitted.
The creation of derivative works from the Licensed Material is not permitted.
Obligations of the Subscriber
The Subscriber will specifically control all IP addresses in the range listed for authorisation.
The Subscriber is responsible for maintaining the list of IP addresses of all Authorised Users and
will undertake all necessary authentication and verification processes to ensure that only Authorised Users can access the Licensed Material.
The Subscriber is responsible for creating and maintaining reasonable security measures, to ensure that only Authorised Users can access the Licensed Material.
The Subscriber is prohibited from making agreements for access to the Licensed Material with any third party (individuals, organisations, vendors, affiliates, or partners).
The Subscriber will not knowingly permit anyone other than Authorised Users to use the Licensed Material. If the Subscriber becomes aware of unauthorised access to the Licensed Material, the Subscriber will notify the Publisher immediately and co-operate in locating and attempting to stop the specific individuals who are abusing the service. If the specific abuser(s) cannot be identified or stopped, the Publisher has the right to withhold, suspend, or terminate access to all or any portion of the Licensed Material, without liability.
The Publisher intends for the Site to be available 24 hours per day, 7 days per week. However, the Publisher will not be liable for damages or refunds should the Site become unavailable or access to the Site become slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of demand on the servers, general network failures or delays, or any other cause which may from time to time make the Site inaccessible to the Subscriber.
The Subscriber will obtain at its cost all telecommunications, electronic equipment and software.
Warranty and Liability
The Publisher represents and warrants that it has the power to enter into this Agreement and to grant the rights conferred herein to the Subscriber and that the Licensed Material does not violate or infringe upon any patent, copyright, trademark or other proprietary right or contract right of any third party.
While the Publisher tries to ensure the accuracy and completeness of content of the Licensed Material, it does not warrant or guarantee that the content of the Licensed Material is either complete and accurate or error free and suitable for any particular purpose.
In no circumstances is the Publisher liable to the Subscriber or any third party for any damages or losses of any nature arising out of the use of or inability to use the Licensed Material.
The Subscriber agrees that the entire liability of the Publisher with respect to the Subscriber arising out of any kind of legal claim in any way connected with the use or inability to use the Licensed Material shall be the refund of the Subscription Fee paid to the Publisher for online access to the Licensed Material.
The Publisher and Subscriber shall not be responsible to each other for any failure to perform any obligation under this Agreement due to acts of God, war, riot, embargoes.
The Subscriber shall indemnify the Publisher for any violation of this Agreement or of any third party’s right by the Subscriber or Authorised Users (including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy right).
The Subscriber shall indemnify the Publisher for any damage arising from unauthorised use or dissemination by the Subscriber or Authorised Users of the Licensed Material.
The Publisher may terminate this Agreement if the Subscriber or the Authorised Users commit a breach of any provision of this Agreement and fail to remedy such breach within 10 days of notification in writing by the Publisher. On termination of this License for just cause, access to the Licensed Material by the Subscriber and Authorised Users shall be terminated.
Alterations to this Agreement are only valid if they are recorded in writing and signed by both parties.
In the event that any provision of this Agreement is held to be invalid, the remainder of the provisions shall continue in full force and effect.