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Site licence - terms and
conditions
This Licence sets out the terms on which we, The
Company of Biologists Limited, are prepared to Licence the online
journals referred to below.
DEFINITIONS
Licensee – The Subscriber authorising
acceptance and completing this Licence, and responsible for its
administration.
Online journals – The online (electronic)
edition of the journals selected by the Licensee, including their
full content, such as table of content, abstracts, full text and
illustrations.
Site – A single, geographically contiguous
office building / complex / campus location, including if applicable
dial-in access via the Licensee's secure network, identified by
the Licensee's relevant IP addresses.
Users – Persons within the Site, authorised
by the Licensee to have full access to the online journals. Users
must be bona fide faculty, students, researchers, librarians, executives
or employees of the Licensee, including members of the general public
or business invitees accessing the online journals from designated
terminals physically located on the registered Site and under the
Licensee's direct control, provided such use is for scholarly, research,
educational or personal use.
LICENSED RIGHTS
IP address registration –
This Licence covers access by Users from the Site using IP addresses
agreed by us. A Licence, under normal circumstances, permits the
registration of either one Class B or 4 Class C IP addresses. IP
addresses for publicly accessible proxy or cache servers are not
acceptable, unless prior permission has been granted, Use of open proxies is strictly prohibited, This license
does not cover multi-campus, multi-office or consortia use. The
Licensee's IP addresses and Site for the purposes of this Licence
shall be as stated on the order
form.
Copying – transmission – Users
may retrieve, display, download and print out copies of individual
articles or other individual items from the online journals, but
shall be limited to the normal restrictions of copyright.
USAGE RESTRICTIONS
Interlibrary lending – The online
journals may not be used for any fee-for-service, systematic supply
or distribution of the journals in any form to anyone other than
a User or any similar commercial activity. Interlibrary loans are
permitted in line with the restrictions governing the hard copy
journals.
OBLIGATIONS
We will:-
• Make reasonable efforts to provide continuous service 7 days
a week, subject to scheduled maintenance and repair and unforeseen
events. Scheduled downtime will be performed where reasonably practicable
at a time to minimise inconvenience.
The Licensee will:-
• Inform Users and potential Users of the need to maintain
password security or to comply with such other access controls as
may be agreed.
• Make access available to Users only from valid IP addresses
at the Site; undertake reasonable measures to prevent access to
and improper use of the online journals by unauthorised persons
and take responsibility for terminating any unauthorised access
of which it has notice or knowledge.
• Promptly notify The Company of Biologists Limited of any
copyright infringement or unauthorised usage of the online journals
and to co-operate in the investigation and pursuit of such infringement
or unauthorised use.
TERM & TERMINATION
• The term of this Licence shall be one year commencing 1 January
2005.
• We shall have the right to terminate access to the online
journals by any User at any time during the term if such User infringes
copyright in the online journals or breaches the terms of this Licence.
The Licensee shall not be responsible for unauthorised use by Users
which is without the consent of the Licensee provided that the Licensee
has taken reasonable steps to prevent such misuse (including the
steps detailed in this Licence) and, upon learning of it, notifies
us immediately.
• We may terminate this Licence by notice with immediate effect
if the Licensee materially breaches the obligations under this Licence
and such breach cannot be rectified or (if it can), where the Licensee
fails to rectify such breach within 60 days of notice from us confirming
the breach and the action required to rectify it.
WARRANTIES AND DISCLAIMERS
WE WARRANT THAT SO FAR AS WE ARE AWARE, WE HAVE THE RIGHT TO MAKE THE ONLINE JOURNALS AVAILABLE TO THE LICENSEE AND THE USERS UNDER THIS LICENSE AND THAT, TO THE BEST OF OUR KNOWLEDGE, THE ONLINE JOURNALS DO NOT INFRINGE UPON ANY COPYRIGHT, PATENT, TRADE SECRET OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. WE MAY PROVIDE USERS WITH LINKS TO THIRD PARTY WEBSITES. WHERE SUCH LINKS EXIST, WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE CONTENT OF SUCH THIRD PARTY WEBSITES. USERS AND THE LICENSEE ASSUMES SOLE RESPONSIBILITY FOR SUCH ACCESS TO THIRD PARTY WEBSITES AND USE OF ANY CONTENT ON SUCH WEBSITES.
WARRANTY LIMITATIONS SUBJECT TO THE ABOVE:
• THE ONLINE JOURNALS ARE PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRENTIES OF TITLE, OR IMPLIED WARRENTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
• THE USE OF THE ONLINE JOURNALS IS AT THE USER'S OWN RISK
AND IN PARTICULAR, THE USER MUST SATISFY THEMSELVES REGARDING THE ACCURACY AND VALIDITY OF ANY CONTENT.
• ACCESS TO THE ONLINE JOURNALS MAY BE INTERRUPTED AND MAY NOT BE ERROR FREE.
• NEITHER WE NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE ONLINE JOURNALS SHALL BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE LICENSEE'S OR USER'S USE OR INABILITY TO USE THE ONLINE JOURNALS
AND ALL MATERIALS CONTAINED THEREIN.
• WHERE PERMITTED TO DO SO BY LAW, WE LIMIT OUR LIABILITY UNDER THIS LICENCE TO THE VALUE OF THE SUBSCRIPTION FEE PAID.
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