for access to the L & H scientific platform by institutions
This document sets out the terms and conditions on which L & H Scientific Publishing
LLC ("L & H") will make access to its L & H scientific platform available via its
World Wide Web server ("the Server") to any institution whose details are set out
in a registration form ("the Subscriber"), as part of a particular L & H service
(the "Service"). Please read these terms and conditions carefully. By signing the
registration form (the "Form"), and/or clicking that you accept these terms and
conditions, you certify that you have read and agree to be constrained by all such
terms and conditions and you certify further that you are authorized to sign up
to them on behalf of the institution.
Scope of License
L & H permits the Subscriber and its Authorized Users (as defined below), to access
the Service through the Subscriber's IP addresses set out in the Form and/or via
a user name and password ("User Details"), if the Subscriber is unable to supply
IP addresses or the IP addresses are not unique to the Subscriber. If you wish to
obtain and/or use User Details then you should contact L & H for details. User Details
includes those details provided through secure username and authentication methods.
User Details must not be divulged to any person nor used to facilitate any other
person getting access to the Service in any way. L & H reserves the right to deny
access to the Service if it believes that other people are accessing the Service
through your User Details.
If the Subscriber is a commercial institution, "Authorized Users" mean the institution,
its employees, contract staff (permanent or temporary) and persons with authorized
access to the institution's information facilities on site using one of the IP addresses
and/or the User Details. Access is limited to the site addresses you supply except
that Authorized Users may access the Service from terminals or work stations from
which they undertake work for the institution. Access from other countries is only
permitted where the names of those countries are supplied in writing to L & H.
If the Subscriber is an educational institution, "Authorized Users" mean the institution,
its employees, faculty (permanent, temporary and visiting), students officially
affiliated with the institution, persons with legal access to the library's facilities
on site using one of the IP addresses and/or the User Details and contract staff
(permanent or temporary). Authorized Users includes persons affiliated with remote
sites or campuses of the institution in the same country as the institution. Access
is limited to the site addresses supplied except that Authorized Users for an institution
may access the Service from terminals or work stations from which they undertake
work for the institution and from remote sites or campuses, provided those remote
sites and campuses are in the same country as the institution. If Authorized Users
are staying in a different country temporarily, whilst undertaking work for the
institution, they will be entitled to access the Service from remote sites and campuses
in that country for the duration of their stay.
Access is limited to the site addresses supplied by the Subscriber except that,
where the Subscriber wishes to allow Authorized Users to access the Service from
terminals or work stations at locations other than the site addresses specified,
this may be done via public access, caching and proxy servers, or some other recognized
authentification system, provided that, where the Subscriber has supplied IP addresses,
the Authorized Users only access the Service through the IP addresses supplied,
and provided further that, in all cases, the Subscriber has adequate security measures
in place to ensure that only Authorized Users access the Service via the applicable
method.
Where the Institution allows walk in users to have access to the Service using one
of its IP addresses and/or the User Details, the Institution shall take all necessary
steps to ensure that those persons are not able to save any content onto any form
of portable media or computing device including, but not limited to, USB sticks,
external hard drives, flash cards or Blackberries.
Access extends only to Authorized Users individually and may not be transferred
or extended to others. The Subscriber shall take all reasonable measures to ensure
that only Authorized Users can access the Service and shall ensure that Authorized
Users are made aware of and understand the restrictions and prohibitions on use
set out in these terms and conditions and that they abide by them. The Subscriber
shall also exercise vigilance and be responsible for all display and access controls,
including security measures, necessary to ensure that the Service is only accessible
by Authorized Users. The Subscriber shall make every effort to enforce these terms
and conditions on receiving information that reasonably indicates that they are
being violated.
Permitted Use
Authorized Users may access, download, store, search and print hard copy of text.
Copying must be limited to making a single printed copy or electronic copies of
a reasonable number of individual articles or other similar items. No text accessed
via the Service may be made available to non-Authorized Users, either for commercial
reward or free of charge, except that for inter-library loan purposes a single paper
copy of an electronic original may be made and sent non-digitally to a library in
the same country as the Subscriber under fair dealing/use exemptions. In addition,
for inter-library loan purposes, the Subscriber may make a single paper copy of
an electronic original available to a library in the same country by secure transmission
whereby that electronic file is deleted immediately after printing. Such supply
must be for the purpose of research or private study and not for commercial use
or onward transmission or distribution. In USA, such copies may only be made in
compliance with Section 108 of the Copyright Act of USA and within CONTU guidelines.
Access is granted to Authorized Users of commercial institutions solely for internal
research, testing or training purposes or for personal use in accordance with these
terms and conditions.
Access is granted to Authorized Users of educational institutions solely for private
study or research for a non-commercial purpose by Authorized Users. Authorized Users
of educational institutions may use the Service for educational resources, such
as "course packs", made available solely to Authorized Users provided that electronic
copies included in such educational resources are removed or deleted at the end
of the semester or term in which the relevant course ends. Such Authorized Users
may also make brief quotations from the content of journals, with the customary
acknowledgement of the source, and copy and transmit content from individual online
articles in "person-to-person" and non-systematic scholarly exchanges of information.
The Subscriber and its Authorized Users may only use this online access in a way
that does not breach the laws of the country in which they are accessing the Service.
Prohibitions
Altering, recompiling, systematic or programmatic copying, reselling, redistributing,
supplying, publishing or republishing (beyond the brief quotations permitted above)
of any journal text, output, search results or other information from any part of
the Service, including, without limitation, copyright, proprietary or other legal
notices, in any form or medium is prohibited. Downloading an entire issue of a journal,
systematic downloading, service bureau redistribution services, printing for a for-fee-service
purpose, document delivery services and/or the systematic making of print or electronic
copies for transmission to non-Authorized Users (beyond that permitted above) are
prohibited..
Duration
This agreement between L & H and the Subscriber set out in these terms and conditions
shall become effective on acceptance by L & H. This agreement shall be for any initial
term agreed in writing by the parties and shall then continue on an annual rolling
basis on condition that the Subscriber continues to pay to L & H any applicable
fee. Access to the Service shall terminate:
- (i) immediately if these terms and conditions are materially breached and such breach
is not remedied within 30 days of the breaching party receiving a written request
to remedy such breach; or
- (ii) following not less than 30 days’ prior written notice by either party to the
other. This agreement will also terminate if the Subscriber rejects a change to
these terms and conditions notified to it by L & H. In the absence of any rejection
within 30 days of notification any new terms and conditions will apply.
Continued Access
On termination of this agreement, where L & H has expressly agreed with the Subscriber
in writing to provide continued access post termination as part of the Subscriber’s
access to the Service, the Subscriber will be entitled to have continued access
to issues of journals published in the calendar year in which access to them commenced
under this agreement and, where the agreement remains in force for subsequent full
calendar years, continued access to issues of those journals included as part of
the Service which were published in those full calendar years (the “Available Content”).
All other access shall terminate. The Available Content will be made accessible
by L & H giving the Subscriber a disk containing that content. If the Subscriber
wishes to continue to access the Available Content via a web site then it shall
pay L & H an annual maintenance fee. The content will be made available via a web
site for so long as that annual maintenance fee is paid and for so long as L & H
provides electronic access to that content via a web site. If access via a web site
is no longer available, L & H will make the Available Content available to the Subscriber
on disk. If, at any time, L & H ceases to publish or distribute any of the Available
Content then it will use its reasonable endeavors to negotiate the right for the
Subscriber to continue to access it in accordance with these terms and conditions.
Copyright
L & H's journals and their content, including abstracts, are either owned by L &
H or L & H has the right to make them available and are subject to all applicable
copyright, database protection and other rights of copyright owners and publishers
under the laws of USA and other countries. Subscribers and Authorized Users shall
claim no ownership by reason of their use of or access to the Service. ALL RIGHTS
RESERVED.
Fees
Any fees payable by the Subscriber for the Service shall be those agreed in writing
and shall be payable by the Subscriber within 30 days of the date of any invoice.
Where fees are being paid by the Subscriber’s authorized subscription agent, the
Subscriber shall remain primarily responsible for payment of such fees.
Where this agreement continues for more than one calendar year, L & H will notify
the Subscriber, in writing and in advance, with details of any fees payable for
subsequent years. The Subscriber acknowledges that, even where fees for any initial
term are fixed, unless the fees for subsequent years have been agreed with L & H
in writing, they shall be subject to price increases and alterations. Where the
Service is L & H scientific extra, should L & H acquire or launch a new publication,
such publication shall be added to the journals and the Subscriber shall pay the
appropriate additional fee to reflect this.
All sums payable by the Subscriber are exclusive of sales taxes (where applicable),
which shall be paid by the Subscriber on presentation of an appropriate tax invoice
or other appropriate claims document.
Withdrawal of the Journals
L & H reserves the right at any time to withdraw any of the journal(s) (or part)
from the Service if it no longer retains the right to publish or ceases, for whatever
reason, to publish or to distribute such journal(s) or if, in its sole discretion,
it believes that such journal(s) contains any material which infringes copyright
or is defamatory, obscene, unlawful or otherwise objectionable.
If any journal(s) is withdrawn, L & H will reduce any fee for that calendar year
by a sum equivalent to the contribution of the withdrawn content to the total fee,
pro-rated. L & H shall be entitled to off-set any reduction owing to the Subscriber
against any amounts owed to L & H by the Subscriber under any agreement between
the parties.
Availability of the Service
L & H will use its reasonable endeavors to make the Service available on a 24 hour
basis, subject to L & H's right to suspend access in order to carry out routine
maintenance, repairs, testing, reconfigurations or upgrades and unavailability caused
by circumstances beyond L & H's reasonable control including, but not limited to,
downtime relating to telecommunications lines or any Internet nodes or facilities.
If access is suspended or interrupted, or fault or defect occurs which prevents
access, L & H's liability shall be limited to using all commercially reasonable
efforts to restore access as soon as is reasonably practicable. L & H shall have
no other liability in this respect. L & H shall not be liable for any delay, downtime,
transmission error, software or equipment incompatibility, force majeure or any
failure of performance beyond its reasonable control.
L & H reserves the right to suspend access to the Service on detecting a breach
of these terms and conditions but will not do so without notifying the Subscriber
in advance.
Disclaimer of Warranties
L & H WARRANTS THAT IT IS ENTITLED TO GRANT THE LICENCES IN THIS AGREEMENT. L &
H WILL TAKE REASONABLE CARE TO ENSURE THAT ITS JOURNALS ARE COMPLETE, ACCURATE AND
ERROR FREE BUT L & H DOES NOT WARRANT THEIR COMPLETENESS OR ACCURACY AND DOES NOT
WARRANT THAT THE SUBSCRIBER’S ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE OR THAT THE RESULTS OBTAINED WILL BE USEFUL OR WILL SATISFY ITS REQUIREMENTS.
OTHER THAN AS SET OUT ABOVE, L & H MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPATIBILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
L & H SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
SPECIAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS
AND/OR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFIT, LOSS
OF REVENUE, LOSS OF CONTRACTS, BUSINESS INTERRUPTION OR FOR LOSS OF DATA.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF L & H FOR ANY CLAIMS, LOSSES
OR DAMAGES ARISING OUT OF A BREACH OR TERMINATION OF THIS AGREEMENT OR ACCESS TO
THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
DUE TO NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY THE SUBSCRIBER TO L & H FOR THE
SERVICE DURING THE YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, EVEN IF L
& H 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.
REGARDLESS OF THE CAUSE OR FORM OF ACTION, THE SUBSCRIBER MAY BRING NO ACTION ARISING
FROM THESE TERMS AND CONDITIONS MORE THAN SIX CALENDAR MONTHS AFTER THE CAUSE OF
ACTION AROSE.
THE SUBSCRIBER ASSUMES THE SOLE RESPONSIBILITY FOR ALL USE OF THE SERVICE THROUGH
ITS IP ADDRESSES AND/OR USER DETAILS AND INDEMNIFIES AND AGREES TO HOLD L & H INDEMNIFIED
FROM ANY LIABILITY OR CLAIM OF ANY PERSON ARISING FROM SUCH USE.
L & H USES ITS REASONABLE ENDEAVOURS TO INCLUDE ALL RESEARCH MATERIAL FORMING PART
OF THE SERVICE BUT DUE TO THE AGE, RARITY AND UNAVAILABILITY OF CERTAIN MATERIAL,
L & H ACCEPTS NO RESPONSIBILITY FOR THE COMPLETENESS OF THE JOURNALS AND MAKES NO
REPRESENTATION OR WARRANTY IN THIS REGARD.
L & H CONDUCTS REASONABLE QUALITY CHECKING AS PART OF THE PRODUCTION PROCESS OF
THE SERVICE. THIS CHECKING ENCOMPASSES ACCURACY AND COMPLETENESS. NO CHECKING ABOVE
AND BEYOND THE CHECKING WHICH FORMS PART OF THE PRODUCTION PROCESS HAS BEEN CARRIED
OUT. CONSEQUENTLY L & H ACCEPTS NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS
OF THE JOURNALS AND MAKES NO WARRANTY OR REPRESENTATION IN THIS REGARD.
General
This Agreement and access to the Service may not be assigned or transferred by the
Subscriber to any other institution, organization or person.
Failure to enforce any provision on any one occasion shall not affect a party's
right to enforce another provision or the same provision on another occasion.
This agreement, and any other agreement entered into separately between L & H and
the Subscriber for the Service which is in force on the date that this agreement
comes into force, constitutes the entire agreement between them relating to the
Service and supersedes any prior communication between them with respect to the
Service. This is not intended to exclude any liability that either party may have
for fraud. Where there is any conflict between this agreement and any other existing
agreement between the parties relating to the Service then the latter shall prevail.
Any amendments to these terms and conditions must be in writing and signed by both
parties or by an electronic communication initiated by L & H which the Subscriber
does not reject within 30 days. References to institutions include both commercial
and educational institutions, unless specified to the contrary.
The Subscriber confirms that L & H shall be entitled to contact the individual,
whose contact details are provided as part of entering into this agreement, for
the purposes of keeping such person updated with information about the Service and
for promoting other goods and services of L & H from time to time.
This agreement will be governed by and construed in accordance with the laws of
USA and the parties submit to the jurisdiction of USA’s Courts. The Subscriber shall
not be bound by this paragraph to the extent that compliance would violate any existing
law, regulation, by-laws or articles of incorporation or other governing instrument.
