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LICENSE AGREEMENT FOR INSTITUTIONAL ONLINE SUBSCRIPTIONS
Definitions
In this Agreement, the following terms shall have the following meanings:
Licensor - Shall mean Edizioni Minerva Medica (hereinafter referred to as the Publisher).
Licensee - Shall mean the organisation purchasing an online subscription
identified in the subscription’s order form and in the activation process (hereinafter referred to as the Subscriber).
Subscription Fee - Shall mean the subscription fee payable by the Subscriber for the Licensed Material as set out in the journal subscription price list.
Licensed Material - Shall mean the online version of each of the Publisher’s journals for which the Subscriber holds either a current institutional online subscription or a subscription which includes online access.
Authorised Users - Shall mean faculty members, students, researchers, librarians or contractors of the Subscriber, who are authorised by the Subscriber to have access to the Licensed Material via a Secure Network while at the Subscriber’s Site or in remote access. Walk-in users may also be permitted by the Subscriber to access to Licensed Material but only from designed computers while at the Subscriber’s Site.
Secure Network - Shall mean a computer network operated and controlled by the Subscriber that is accessible only to Authorised Users at the Subscriber’s Site or via 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 physical premises of the Subscriber from which Authorised Users can have access to Licensed Material via a Secure Network. Shall mean, for the purposes of the single-site, a single geographic location or multiple geographic locations administered centrally in a single city and its surroundings. Shall mean, for the purposes of the multi-site, multiple geographic locations administered independently or centrally in different cities, provinces, states or countries, or multiple geographic locations administered independently in a single city and its surroundings.
Subscription Period - Shall mean the period January-December.
Premise
If the Subscriber subscribes to more than one of the Publisher’s journals online, this Agreement shall govern each subscription and the Subscriber’s use of each of the Publisher’s journals online.
Grant of license of usage
Upon receipt of the Subscription Fee, the Publisher grants the Subscriber a non-exclusive, revocable, non-transferable right to allow Authorised Users to access and use the Licensed Material by means of a Secure Network either at the Subscriber’s Site or via remote access for the purpose of research, teaching and private study. On expiry of the Subscription Period, the active 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:
Permitted uses
Authorised Users may:
- access, search, and view the Licensed Material;
- download and save only one file and print only one copy of a reasonable portion from the Licensed Material for their own personal use;
- store individual journal articles from the Licensed Material only in a secure private library for the Authorised User’s own personal use only and not into any institutional or other repository;
- use a reasonable portion of the Licensed Material in the preparation of course packs or other educational materials for those students that are Authorised Users. Each article must carry acknowledgement of the source, title, author(s) and publisher. Copies of such items shall be deleted by the Subscriber when they are no longer required for such purpose;
- access links created by the Subscriber to the Licensed Material from library catalogues.
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.
Non-permitted uses
Authorised Users may not:
- make additional copies (either sporadically or systematically, either printed or electronic), of the Licensed Material either wholly or in part for any purpose, except as provided in the “Permitted uses” section above;
- distribute the Licensed Material through online file sharing systems, electronic mailing or any other means which may allow access to the Licensed Material by individuals other than the Authorised Users;
- incorporate journal articles from of Licensed Material into any institutional or other repository;
- post journal articles from the Licensed Material on scholarly collaboration networks or social media;
- use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices to continuously and automatically search, scrape, deep link the Licensed Material; decompilation is strictly prohibited;
- use all or any part of the Licensed Material for any Commercial Use;
- remove, cover, overlay, obscure, block, or change any copyright notices or terms of use as they appear in the Licensed Material;
- use any trademark, logo, or other proprietary information of the Publisher;
- modify, abridge, translate or create any derivative work based on the Licensed Material.
Subscriber obligations
The Subscriber will take all suitable measures to inform Authorised Users of the terms and conditions of use governing access to Licensed Material.
The Subscriber guarantees that all IP addresses in the range registered for access are valid, correspond to the geographical site(s) of the Subscriber and attributable to the Subscriber.
The Subscriber is responsible for creating and maintaining suitable security measures to ensure that only Authorised Users can access the Licensed Material at the Subscriber’s Site or via remote access. 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 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 be responsible for all costs necessary for accessing and viewing Licensed Material including equipment, software, phone lines and internet connection.
Publisher obligations
The Publisher shall make Licensed Material available 24 hours per day, 7 days per week. However, the Publisher will not be liable for damages or refunds should the Licensed Material become unavailable, 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 Licensed Materials unavailable to the Subscriber. The Publisher will provide aggregate usage statistics to the Subscriber.
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.
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.
Indemnities
The Subscriber shall indemnify the Publisher for any violation of this Agreement or of any third party’s right (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 of the Licensed Material.
Termination
The Publisher may rescind this Agreement if the Subscriber commits a breach of any provision of this Agreement and fails to remedy such breach within 10 days of notification in writing by the Publisher. On rescission of this Agreement for just cause, access to the Licensed Material by the Subscriber shall be terminated.
General
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.
This Agreement is subject to the laws of Italy. Any action arising out of or relating to this Agreement shall be brought to courts situated in Turin, Italy.