terms and conditions of use for personal subscribers

1. Definitions

These terms and conditions apply to access by personal subscribers (the `Subscriber') 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. The `Authorized User' is the Subscriber.

2. Access

From the time the IUCr makes available on its website an online edition of a Journal, the Subscriber 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 Subscriber cannot be transferred, sold or rented to another party in whole or in part.

3. Copyright

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 (IP address) of the Subscriber as specified on the registration form. This will allow the Subscriber to have access to the Journal from the authorized IP address.

The Subscriber is responsible for undertaking reasonable measures to prevent access by unauthorized persons to the authorized IP address, and is responsible for terminating any unauthorized access of which they have actual notice or knowledge.

5. 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 Subscriber will not be held responsible for unauthorized use of the Journal provided (i) such use is without the express or implied consent of the Subscriber; (ii) the Subscriber promptly notifies the IUCr of any such use of which they become aware; and (iii) the Subscriber takes all reasonable steps to terminate such activity promptly.

Nothing in these Terms and Conditions of Use shall in any way exclude, modify or affect anything the Subscriber 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.

6. Disclaimers

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 Subscriber 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.

7. Termination

The IUCr may terminate access to the Journal by the Subscriber for substantial or material breach of these Terms and Conditions of Use, if the Subscriber 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 Subscriber 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 Subscriber but will not be retroactive.

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