terms and conditions of use for institutional subscribers
These terms and conditions apply to access by institutional subscribers (the `Institution') to electronic editions of journals (the `Journal') published by Wiley for the International Union of Crystallography (the `IUCr'). `Article' describes any discrete work contained in the Journal, including any editorial, book review or letter. `Authorized Users' are defined as faculty (permanent or visiting), students and staff of the Institution and on-site users of the Institution's library and on-site computer network.
From the time the IUCr makes available on its website an online edition of a Journal, the Institution may access, during the period for which the subscription has been paid, the database of Journal material during that period, including tables of contents, abstracts, and full texts of issues published during the subscription period. Additional material will be made available at the option of the IUCr and other owners of copyrighted works.
The access permitted to the Institution cannot be transferred, sold or rented to another party in whole or in part.
Copyright ownership of the Journal is indicated in the preliminary matter in the printed edition of the Journal and on each Journal's webpage within the IUCr's website. Copyright notices must not be removed, obscured or modified in any way. The relevant copyright notice must be displayed on all copies made from the subscription.
4. Scope of access
Access is permitted from the Internet domain (range, or ranges, of IP addresses) of the Institution as specified on the registration form. This will allow an Authorized User from an authorized IP address to have access to the Journal. Users not at an authorized IP address will not have access to the Journal. There are no limits on the number of Authorized Users from the Institution that may use the Journal at any one time. Access is permitted solely to Authorized Users.
The Institution is responsible for undertaking reasonable measures to prevent access by unauthorized persons to its authorized IP addresses, and is responsible for terminating any unauthorized access of which it has actual notice or knowledge.
5. Password access
On special request, the IUCr may grant the Institution password access to the Journal. Where password access is granted, the Institution is responsible for undertaking reasonable measures to prevent access by unauthorized persons to the username and password given to them for accessing the Journal, and is responsible for notifying the IUCr of any unauthorized access to the Journal using this username and password of which they have actual notice or knowledge. If the IUCr is given such notification then the IUCr will supply a new password to the Institution.
If the IUCr believes that the Institution's username and password are no longer secure or are being used by unauthorized persons, then the IUCr may terminate the Institution's password access to the Journal.
6. Multisite and consortium access
Use of the Journal by an institution on a single geographical site is permitted. Access from multiple sites is permitted at no extra cost for any academic institution provided that the total number of subscriptions to IUCr journals held by the Institution is maintained. All IP addresses associated with distance learning should be collected together and registered as a separate site.
Commercial organizations wishing to access the service from multiple sites should contact email@example.com. The IUCr will be pleased to negotiate global access arrangements for commercial organizations.
Sharing of the Journal among the members of a regional consortium is NOT permitted. If the IUCr at any time determines in its sole discretion that the range of IP addresses claimed by the Institution represents more than one Institution, it may terminate access to the Journal forthwith by notice to the Institution.
Consortia wishing to register with the Crystallography Journals Online service should send an e-mail giving details of the consortium to firstname.lastname@example.org.
7. Use of the Journal
An Authorized User may search, download, and save material included in the Journal for personal use, except that downloading of entire issues of the Journal is not permitted. Single printed copies of individual articles may be made for private use or research. Rights for multiple copying for classroom use and additional copying rights may be granted by the IUCr at its discretion.
An Authorized User may transmit a hard copy or electronic copy of any article to any individual who is not an Authorized User provided such transmission is (i) not for compensation, (ii) for purposes of scholarly exchange of ideas, and (iii) not part of any systematic provision of Journal content to such user or persons affiliated with such user. Materials from the Journal may not be recompiled, manipulated, used to prepare derivative works, or published in another format without prior written permission from the IUCr.
The IUCr's explicit written permission must be obtained in order to
- Use the whole or any part of the Journal for commercial use
- Systematically distribute the whole or part of the Journal to anyone other than Authorized Users
- Publish, distribute or make available the Journal, works based on the Journal or works which combine it with any other material, other than as permitted in these Terms and Conditions of Use.
- Alter, abridge, adapt or modify the Journal, except to the extent necessary to make it perceptible on a video display, or as otherwise permitted in these Terms and Conditions of Use, to Authorized Users.
The Institution will not be held responsible for unauthorized use of the Journal provided (i) such use is without the express or implied consent of the Institution; (ii) the Institution promptly notifies the IUCr of any such use of which it becomes aware; and (iii) the Institution takes all reasonable steps to terminate such activity promptly. The Institution agrees to cooperate with the IUCr in any investigation of such infringements or unauthorized uses. The IUCr shall have the sole right, at its expense, to bring any action on account of such infringements or unauthorized uses, provided that the IUCr will not bring an action against any Authorized User without first consulting the Institution. Repeated usage violation at the Institution will be deemed a material breach of these Terms and Conditions of Use.
Nothing in these Terms and Conditions of Use shall in any way exclude, modify or affect anything the Institution is allowed to do in respect of the Journal under any statutory rights granted by the Copyright Designs and Patents Act 1988 and any amending legislation.
8. Inter-library loan
Institutions may use paper copies derived directly or indirectly from the electronic edition of the Journal for the purpose of inter-library loan with the same limitations that apply to paper copies for that purpose made from a print edition of the Journals.
The IUCr does not warrant that the Journal will be accessible in any particular hardware/software environment. The IUCr does not warrant the accuracy or completeness of any information contained in the Journal, or its merchantability or fitness for a particular purpose.
The IUCr will have no liability to any person for any loss or damage arising out of use of, or inability to use, the Journal.
The IUCr will make all reasonable efforts to make its server available to the Institution on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring access to the server as soon as practicable.
The IUCr reserves the right at any time to withdraw from the Journal any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
The IUCr may terminate access to the Journal by the Institution for substantial or material breach of these Terms and Conditions of Use, if the Institution fails to remedy the breach (if capable of remedy) within thirty days of notification in paper or electronic form. No refund will be provided upon such termination. In addition, the IUCr may terminate access as of the end of any subscription period by providing the Institution with prior notice in paper or electronic form.
It is understood and agreed that the IUCr may find it necessary, from time to time, to change the terms of these Terms and Conditions of Use. Any such change will be effective immediately upon sending of paper or electronic notice to the Institution but will not be retroactive.