Academic and Nonprofit Institution License
The following Agreement provides Academic and Nonprofit Institutional Subscribers and the Publisher with a set of simple, fair rules governing rights and limitations for Internet access to the online journals (Journal of Cell Biology, Journal of Experimental Medicine, Journal of General Physiology) of The Rockefeller University Press by Authorized Users. This Agreement supersedes any prior agreement between the Publisher and the Institutional Subscriber regarding user access to RUP journal content.
Access to RUP journal content is granted for all Authorized Users on the following conditions:
* Publisher's acceptance of the Institutional Subscriber's completed order and
* Receipt of the required subscription fee.
Internet Access is defined as the viewing and use of RUP journal content via the World Wide Web.
For academic institutions, Authorized Users are authenticated, authorized current full and part-time students and employees, including faculty, staff, affiliated researchers and independent contractors, walk-in users who have access to the Institutional Subscriber's network in the public areas of its premises, and other individuals who have permission to use the public computers on the Institutional Subscriber's campus.
An academic institution is all parts of an organization that report to the same Chief Academic Officer or Chief Executive Officer. For multi-campus academic institutions, each organization listed in the Directory of Higher Education is considered a separate institution [http://www.educause.edu].
Academic law and academic medical libraries may be part of a University if they report either to the same institutional Chief Academic Officer or the Chief Executive Officer.
For non-academic nonprofit organizations, Authorized Users are authenticated, authorized current members of the staff (whether on a permanent, temporary or contract basis) and independent contractors who are permitted to access the Institutional Subscriber's network from within its premises or from such other places where Authorized Users undertake their work.
For non-academic nonprofit organizations, a "site" is an organizational unit. For organizations located in more than one city, each city office is considered a different site. For organizations within the same city that are administered independently, each office is considered a different site. Authorized Users include full and part-time employees, staff, and independent contractors affiliated with the organization.
In consideration of the payment of the appropriate subscription fee, the Institutional Subscriber and the Publisher agree to adhere to the following guidelines:
1. The Institutional Subscriber will undertake all necessary authentication and verification processes to ensure that only Authorized Users can access RUP journal content.
2. The Publisher maintains its online journals as a service to faculty, students, and staff and to the scientific/technical/medical community.
3. All use of the RUP journal content is subject to RUP Copyright Policy, with the following additions:
a. Inter-Library Loan: Inter-Library Loan of articles or components in any electronic or digital form to those other than Authorized Users, for the purposes of research or private study, is allowed under CONTU (National Commission on New Technological Uses of Copyright Works) guidelines, which provides that up to five copies of articles from any one journal published within the previous five years or less may be requested by another library in any one year. [http://old.cni.org/docs/infopols/CONTU.html]
b. Braille Transcription: The Institutional Subscriber may transcribe any portion of RUP journal content into Braille script or enlarged type for Authorized Users who are visually impaired.
4. The Publisher confirms to the Institutional Subscriber that usage statistics covering the online usage of RUP journal content will be provided. Such usage statistics will adhere to the COUNTER Code of Practice specifications, [http://www.projectcounter.org/code_practice.html], including data elements collected and their definitions; data processing guidelines; usage report content, format, frequency, and delivery method.
5. The Institutional Subscriber agrees to the following:
a. The Institutional Subscriber is responsible for creating and maintaining reasonable security measures and posting policies consistent with the rights and restrictions described in these guidelines to ensure that only Authorized Users can access RUP journal content. The Institutional Subscriber is prohibited from making agreements for access to the RUP journals with individuals, organizations, vendors, affiliates, or partners that are not Authorized Users affiliated with or part of the same institution purchasing this subscription. The Institutional Subscriber affirms that all IP addresses in the range listed for authorization are specifically controlled by the institution for workstations under its administrative control and for the use of individuals who meet the Authorized User definition above. The Institutional Subscriber is responsible for maintaining the list of IP addresses of all Authorized Users.
b. If the Institutional Subscriber becomes aware of unauthorized access to RUP journal content, it will notify the Publisher immediately and cooperate in locating and attempting to stop the specific individuals who are abusing the service. If the specific abuser(s) cannot be identified or stopped within 30 days of the Institutional Subscriber becoming aware of unauthorized access, the Publisher has the right to withhold, suspend, or terminate access to all or any portion of RUP journal websites, without liability.
d. The Institutional Subscriber shall not modify or create a derivative work of any RUP journal content without prior written permission from the Publisher.
6. ARCHIVING: The Publisher acknowledges that the Subscriber may participate in the LOCKSS system for archiving digitized publications. The Subscriber may perpetually use the LOCKSS system to archive and restore the Licensed Materials, so long as Subscriber's use is otherwise consistent with this Agreement. The Publisher further acknowledges and agrees that, in using the LOCKSS system, Licensed Materials may be made available to other LOCKSS system participants who indicate a right to those Licensed Materials. (See http://www.lockss.org for further information.)
7. SUBSCRIPTION ACCESS: The Publisher provides online journal access only for the term of this subscription and does not undertake to guarantee future access to the online archives once the subscription term has expired. The Publisher intends to retain full-text versions of all articles for all past issues posted online and to continue to make this database available to all currently active subscribers. However, because the Publisher cannot be certain of future technology, storage, or maintenance costs, this access cannot be guaranteed. The Publisher reserves the right to remove all or portions of the archive of past issues.
8. TECHNICAL ACCESS: The Publisher intends for the site to be available 24 hours per day, 7 days per week. However, the Publisher will not be liable for damages or refunds should the site become unavailable temporarily or access to the site becomes slow or incomplete due to system back-up procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the site inaccessible.
9. WARRANTY: The Publisher warrants that the use of RUP journal content under the terms of this agreement does not infringe the copyright or any other rights of any person. While the Publisher seeks to ensure the accuracy of content posted online, the Publisher does not warrant or guarantee its accuracy, completeness, merchantability, or fitness for a particular purpose. In no case shall the Publisher's liability for any content or accessibility problems with the site exceed the amount of subscription fees paid for RUP journals during the 6-month period preceding any claim or notice of damages.