AMERICAN PHYSICAL SOCIETY
ONLINE JOURNAL SUBSCRIPTION AGREEMENT FOR
INSTITUTIONAL SUBSCRIBERS
By this Agreement between The American Physical Society (APS) and Institutional Subscriber named below, the APS grants Institutional Subscriber the right, subject to the terms and conditions set forth in this Agreement, to access APS Online Journals either through a subscription to the specific online journal per se, or through a print subscription that includes the online version, whichever may be applicable during the term of this Agreement.
APS JOURNALS:
- Physical Review (A-E)
- Physical Review Letters
- Physical Review Special Topics - Accelerators and Beams
- Reviews of Modern Physics
- PROLA (Physical Review Online Archive)
APS reserves the right to add to the above list in the event that new titles should become available.
Subscribing Institution:
_____________________________________________________________________
Address:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Subscriber Account no. (if known)
_____________________________________________________________________
Subscription agent (if applicable)
_____________________________________________________________________
Contact person responsible for administration of online journals:
Name: _______________________________________________________________
Address: ____________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Telephone: __________________________________________________________
Fax: ________________________________________________________________
E-Mail: _____________________________________________________________
(Please print clearly. Notification that your online access is active will be sent by e-mail to this address.)
Terms and Conditions
1. Scope of License. This Agreement grants to the Subscriber and Authorized Users at the Subscriber's Institution online access through the institution's IP addresses for which the Subscriber maintains a current subscription to APS journals. This grant extends only to the Subscriber and such Authorized Users individually and may not be transferred to, or extended to, others. For purposes of this Agreement, "Authorized Users" means only the employees, faculty, staff, students officially affiliated with the Subscriber, and persons with legal access to the library's collections and facilities on-site, using an IP address within the range identified in the Appendix. Authorized Users may be persons remote from the Subscriber's physical location whose access is administered from the Subscriber's site or campus, but not persons at remote sites or campuses with separate administrations. Authorized Users may:
(a) make searches of the APS Online Journals;
(b) make one hard copy of the output of any search; such copies may not be sold and may not be distributed to anyone who is not a subscriber; and
(c) download search results to hard disk or diskette, provided that such data are not made available to anyone who is not a subscriber.
Authorized Users and institutional Subscriber shall claim no ownership by reason of their use of or access to APS Online Journals.
2. Responsibility. Institutional Subscriber is solely responsible for any use through Institutional Subscriber's IP address to access APS Online Journals and will use all reasonable care to ensure that there is no unauthorized use through Institutional Subscriber's IP address. Unauthorized use through Institutional Subscriber's IP address, with or without Institutional Subscriber's knowledge, is a violation of this Agreement.
3. Prohibitions on Certain Uses. Altering, recompiling, systematic or programmatic copying, reselling, redistributing, publishing or republishing (beyond the brief quotations permitted) of any journal text, output, search results, or any portion thereof, including without limitation, copyright, proprietary and/or other legal notices contained herein, in any form or medium is prohibited. Systematic or programmatic downloading (for example, downloading entire journal issues), service bureau redistribution services, printing for fee-for-service purposes and/or the systematic making of print or electronic copies for transmission to non-subscribers or non-subscribing institutions (such as in "interlibrary loan") are prohibited. Downloading portions of the Online Journals for the purpose of creating pre-loaded systematic and persistent local copies (not including transient, dynamic caches of individually requested material) for redistribution is prohibited. All rights not expressly granted are reserved to the stated copyright holder of the Online Journal. The Subscriber and Authorized Users may not circumvent APS's access control systems or use APS's Systems or services to make any attempt to gain unauthorized access to any other system or network.
4. Duration of Agreement. This Agreement shall become effective upon acceptance by the APS and, subject to the terms and conditions of this Agreement, will remain in effect so long as Institutional Subscriber maintains a current online subscription to APS journals, or a current print subscription to APS Journals that includes online access, whichever may be applicable during the term of this Agreement. This Agreement will terminate
a. if and when the subscription lapses or when conditions covered by (b), (c), and (d) below have occurred:
b. immediately, upon a determination by APS that Institutional Subscriber has knowingly or intentionally violated any term or condition of this Agreement;
c. upon a determination by APS that Institutional Subscriber has unknowingly or unintentionally violated any term or condition of this Agreement and upon notice to Institutional Subscriber of such violation, the Agreement will terminate unless
within five (5) business days after receiving written or e-mail notice of the violation, Institutional Subscriber implements procedures, reasonably satisfactory to APS, to prevent future violations
d. following thirty (30) days' prior written notice by either party.
5. Copyright. APS Online Journals and their contents, including abstracts, are copyrighted by the APS and are subject to all applicable copyright, database protection, and other rights of the APS as copyright owner and publisher under laws of the United States and other countries.
6. Disclaimer of Warranties.
a. THE APS WILL MAKE REASONABLE EFFORTS TO ENSURE THAT APS ONLINE JOURNALS ARE COMPLETE AND ACCURATE. HOWEVER, THE APS DOES NOT WARRANT THEIR COMPLETENESS OR ACCURACY, AND DOES NOT WARRANT THAT INSTITUTIONAL SUBSCRIBER'S ACCESS TO APS ONLINE JOURNALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE RESULTS OBTAINED WILL BE USEFUL OR WILL SATISFY INSTITUTIONAL SUBSCRIBER'S REQUIREMENTS.
b. THE APS WARRANTS THAT IT IS ENTITLED TO GRANT THE LICENSES GRANTED IN THIS AGREEMENT, BUT MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c. INSTITUTIONAL SUBSCRIBER AND AUTHORIZED USERS SHALL BE PERMITTED TO ACCESS APS ONLINE JOURNALS AT ANY TIME. THE APS, HOWEVER, SHALL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE, BUT SHALL USE REASONABLE EFFORTS TO CORRECT ANY MATERIAL PERFORMANCE PROBLEM BROUGHT TO ITS ATTENTION.
d. THE APS SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE APS FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF A TERMINATION OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY INSTITUTIONAL SUBSCRIBER TO THE APS FOR THE SUBSCRIPTION DURING THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, EVEN IF THE APS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
e. Institutional Subscriber assumes the sole responsibility for all use of APS Online Journals through subscribing institution's IP address and agrees to indemnify and hold the APS harmless from any liability or claim of any person arising from such use.
7. General.
a. This Agreement constitutes the entire agreement of the parties and supersedes any prior communication between the parties with respect to the subject matter hereof. It may be modified by any agreed means that manifests mutual assent of both parties, including by signed written instrument or an electronic communication initiated by APS to which Institutional Subscriber manifests its assent in accordance with APS' instructions. Without limitation of the foregoing, any purchase order or other instrument that Institutional Subscriber may issue for APS Online Journals is for its internal purpose only and shall in no way amend the terms and conditions provided herein.
b. Institutional Subscriber shall not assign or transfer its rights under this Agreement.
c. This Agreement will be governed by the laws of the State of Maryland applicable to agreements entered into and fully performed in the State of Maryland. Any action arising out of or relating to this Agreement may be brought in courts situated in Maryland, and the parties consent to the jurisdiction of such courts, provided, however, that Institutional Subscriber shall not be bound by this paragraph-if compliance would violate any existing law, regulations, bylaws, articles of incorporation, or other governing instrument.
I have read and agree to adhere to and abide by all the terms and conditions stated above, and I certify that I am authorized to sign this Agreement on behalf of the Subscribing Institution identified above.
Name: _______________________________________________________________
Title: ______________________________________________________________
Signature: __________________________________________________________
Date: _______________________________________________________________
Please mail the completed and signed Agreement to:
American Physical Society
One Physics Ellipse
College Park, MD 20740 USA
To obtain assistance on how to complete this Agreement, contact the Associate Publisher at Tel: 301-209-3283; Fax: 301-209-0844; or E-mail: assocpub@aps.org
OnlineAgreement/Russia.doc
APPENDIX
INSTITUTIONAL IP ADDRESSES/RANGES
Institutional Subscribers may access APS Online Journals through IP addresses or IP address ranges. Each computer that accesses the Internet is assigned an IP address, commonly represented as four number groups separated by dots, e.g. 198.162.123.154. All computers on a local area network or subnet may have the first two or three number groups in common. Access to APS Online Journals are authenticated and authorized through the IP addresses or IP address ranges you provide. Please consult your network administrator for accurate IP addresses/ranges.
You may submit up to 10 IP addresses/or ranges (Class B, Class C, and single station) via this form. If you need any help or if you use proxy servers, please contact the OJS Customer Support Group at ojshelp@aip.org or telephone: 1-800-874-6383. Class B IP addresses are subject to additional review by OJS technical staff.
Please type your IP addresses/ranges in the following formats:
Class B Network
Enter the first two (network) numbers and use asterisks for the host addresses, e.g. 145.34.*.*
Class C Network
Enter the first three (network numbers and use asterisks for the host address, e.g. 145.34.128.* (Ranges are acceptable, e.g. 145.34.128.* - 145.34.149.*)
Single Station
Type all four numbers, e.g. 145.34.128.62 (Ranges are acceptable, e.g. 145.34.128.62 - 145.34.128.86)
Enter your IP Addresses and/or IP Address Ranges:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Enter your fully qualified Internet domain name:
_____________________________________________________________________
Please provide the following required network contact information:
Name: _______________________________________________________________
Tel: ________________________________________________________________
Email: ______________________________________________________________
Fax: ________________________________________________________________
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