menuyour terms and conditions of use
The following Terms and Conditions of Use supersede any general Terms and Conditions of Use that are published on the Crystallography Journals Online website.
1. Definitions
These terms and conditions apply to access by institutional subscribers (ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY comprised of Arizona State University Main campus in Tempe, Arizona; Arizona State University West campus in Phoenix, Arizona; and Arizona State University East campus in Mesa, Arizona, the `Institution') to electronic editions of journals (the `Journal') published by Munksgaard, Copenhagen 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 ("public walk-in users") of the Institution's library and on-site computer network.
2. Access
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. Current list of print Journal titles owned by Institution is attached as APPENDIX A and incorporated herein by reference.
The access permitted to the Institution 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. Institution shall make reasonable efforts to protect the Journal from any use that is not permitted under this Agreement, and shall notify IUCr of any such use of which it learns or is notified. Institution has posted Important Notice to Library Electronic Resource Users in the form attached as APPENDIX B on its computer system so that it appears before Authorized Users access the Journal through Institution's computer system.
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 within thirty (30) days.
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 not smaller than the number held in 2000. All IP addresses associated with distance learning should be collected together and registered as a separate site. APPENDIX C, List of Sites and IP Addresses, is incorporated herein by reference.
Commercial organizations wishing to access the service from multiple sites should contact [email protected]. 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 [email protected].
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 within a reasonable period of time. 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.
9. 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 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.
10. Termination
Either party may terminate access to the Journal for substantial or material breach of these Terms and Conditions of Use by providing the other with written notice in paper or electronic form, providing that the breaching party have thirty (30) days from receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been affected. No refund will be provided upon such termination. In addition, either party may terminate access as of the end of any subscription period by providing the other with prior notice in paper or electronic form at least thirty (30) days before the expiration of the subscription period, except that in any event this Agreement shall terminate on the fifth (5th) anniversary of the effective date of this agreement.
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.
11. Limitation on Institution liability
Anything in this Agreement to the contrary notwithstanding, the liability of Institution for any breach of this Agreement, for any unauthorized use of the Journal by any person or for any infringement of any copyright by any person shall be limited to subscription fees and other amounts already paid by Institution under this Agreement, if Institution does the following. If Institution's administrative staff members having management responsibility for library electronic resources obtain knowledge of any use of the Journal that is an unauthorized use or copyright violation, or if the IUCr advises Institution of a suspected unauthorized use of copyright violation, then Institution will cooperate with the IUCr. Institution will take reasonable steps to investigate any suspected unauthorized use or copyright violation and Institution will take reasonable steps to terminate any unauthorized use or copyright violation, except that Institution will not be required to commence any litigation or to expend any amount of money in excess of an amount equal to the annual fee or charges under this Agreement.
12. Arizona State Agency Provisions on discrimination
The parties agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, immigration, nondiscrimination including the Americans with Disabilities Act, and affirmative action.
13. Conflict of Interest
This Agreement is subject to Section 38-511, Arizona Revised Statutes. This Agreement may be canceled if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Institution, is an employee, consultant, or agent of any other party to this Agreement.
14. Arbitration
Notice is provided of Sections 12-1518 and 12-133, Arizona Revised Statutes.
15. Dispute Resolution
If a dispute arises under this Agreement, the parties agree to exhaust all applicable administrative remedies provided for under Arizona Board of Regents Policy 3-809.
16. Contractor's Records
To the extent required by Section 35-214, Arizona Revised Statutes, the IUCr agrees to retain all records relating to this Agreement. The IUCr agrees to make those records available at all reasonable times for inspection and audit by Institution or the Auditor General of the State of Arizona during the term of this Agreement and for a period of five (5) years after the completion of this Agreement. The records shall be provided at Arizona State University, Tempe, Arizona, or another location designated by Institution upon reasonable notice to the IUCr.
17. Failure of Legislature to Appropriate
If Institution's performance under this Agreement depends upon the appropriation of funds by the Arizona Legislature, and if the Legislature fails to appropriate the funds necessary for performance, then Institution may provide written notice of this to the IUCr and cancel this Agreement without further obligation of Institution. Appropriation is a legislative act and is beyond the control of Institution.
18. Usage reports
If possible, the IUCr shall provide Institution monthly, quarterly, or semi-annual usage reports in accordance with the standards of the ICOLC (International Coalition of Library Consortia).
APPENDIX A
List of Print Journals owned by Arizona State
University
Acta Crystallographica Section A: Foundations
of Crystallography
Acta Crystallographica Section B: Structural
Science
Acta Crystallographica Section C: Crystal Structure
Communications
Acta Crystallographica Section D: Biological
Crystallography
APPENDIX B
ASU IMPORTANT NOTICE TO LIBRARY ELECTRONIC
RESOURCE USERS
Most of the software, indexes, databases and
other electronic resources available through the Arizona State
University Libraries are owned by various persons and entities and
licensed to ASU.
The products are protected by copyright and other
laws.
Use is limited to ASU students, faculty, staff and library
users.
Unauthorized reproduction, transfer, alteration and/or use
of the resources is prohibited.
ASU makes no representation or
warranty as to the electronic resources.
ASU is not responsible for
the content, format, accuracy or availability of the resources.
ASU
will have no responsibility or liability relating to the
resources.
APPENDIX C
List of Sites and IP Addresses
IP
Addresses:
129.219.*.* and
149.169.*.*
Sites:
Arizona State University
Main
Campus University Libraries
P.O. Box 871006
Tempe, Arizona
85287-1006
Contact: Dennis Brunning
Tel: 480-965-7693
Fax:
480-965-9127
Email: [email protected]
Arizona State
University
West Campus Library
4701 West Thunderbird
Road
P.O. Box 37100
Phoenix, Arizona 85069-7100
Contact:
Smita Joshipura
Tel: 602-543-8504
Fax: 602-543-8521
Email:
[email protected]
Arizona State University
East Campus
Library
Building 20, Room 110
7001 East Williams Field
Road
Mesa, Arizona 85212
Contact: Ellen Welty
Tel:
480-727-1157
Fax: 480-727-1077
Email:
[email protected]
IN WITNESS WHEREOF, the parties have caused this license to be executed by their duly authorized representatives.
INTERNATIONAL UNION OF CRYSTALLOGRAPHY
By:
Print Name:
Title:
Date:
ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY
By:
Print Name:
Title:
Date:
