Terms and Conditions

Scope of Licence

This Agreement permits simultaneous access to those Journals by Authorised Users at the Subscribing Institution identified by the Subscribing Institution's relevant IP addresses representing a single, local network at the Subscribing Institution's nominated site.  "Authorised Users" are defined as employees, faculty, staff and students who are officially affiliated with the Subscribing Institution's library facilities, and persons affiliated with remote sites or campuses of the Subscribing Institution that are administered from the Subscribing Institution's site or campus (but not persons affiliated with remote sites or campuses with a separate administrative staff). "Authorised Users" may also include users from the general public who are permitted by the Subscribing Institution to access the Electronic Journals from designated terminals within the Subscribing Institution's IP address range as registered.  The CPA may refuse to grant a licence to an institution claiming a range of IP addresses that appear to exceed the scope of this licence.

Responsibility

The Subscribing Institution is solely responsible for any access to or use of the Journals through the Subscribing Institution's IP address, and will use its best endeavours to ensure that no unauthorised access and use through its IP address, and agrees to indemnify and hold the Publisher's harmless from any claim or liability arising from such access or use.

Withdrawal of Journals or parts of Journals

 The Publisher reserves the right to withdraw from this Agreement any Journal or any part of any Journal in order to comply with any legal rule or court order, or if the Publisher is at risk of liability from the continued availability of the Journal or part of it.

Duration of Agreement

This Agreement shall become effective upon acceptance by the Publisher and, subject to its terms and conditions, will remain in effect so long as the Subscribing Institution maintains any current on-line or print subscriptions that include on-line access to the Journals. This Agreement will terminate: 
a) in respect of any title if and when the subscription to it lapses, subject to the proviso that the Subscribing Institution shall continue to have access to the volumes of each title for which subscriptions had been duly paid for as long as is practicable 
b) immediately, if the Subscribing Institution violates any term or condition of this Agreement, and fails to remedy such violation after the expiry of thirty (30) days written notice from the Publisher.

Copyright

Copyright in the Publisher's on-line Journals and their contents, including the abstracts, is vested in the Publisher, whose proprietary and publishing rights are protected under national and international law. Neither Authorised Users nor the Subscribing Institution shall have any proprietary right in any of the Journals by reason of their access to them.

Disclaimer of Warranties 

The Publisher will make reasonable efforts to ensure that the Journals are complete and accurate. However the Publisher does not warrant their completeness and accuracy, and does not warrant that the Subscribing Institution's access to the Journals will be uninterrupted or error free, or that the results obtained will be useful or will satisfy the Subscribing Institution's requirements.

The Publisher warrants that it is entitled to grant the licenses set out 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.

The Subscribing Institution and Authorised Users shall be permitted to access the Journals at any time. The Publisher, whoever, 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.

The Publisher 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 Publisher for any claims, losses, or damages arising out of a termination of this Agreement exceed the total amount paid by the Subscribing Institution to the Publisher for the subscription during the current subscription year in which such claim, loss or damage occurred. This limitation of liability shall apply regardless of the possible applicability of other remedies.

General

This Agreement constitutes the entire agreement of parties and supersedes any prior communication between them concerning the Journals. It may only be amended in writing signed by the duly authorised representatives or both parties. Any purchase order or other instrument that the Subscribing Institution may issue for the Publisher's on-line Journals is for its internal purposes only and shall in no way amend these terms and conditions.

The Subscribing Institution shall not assign or transfer its rights or obligations under this Agreement in whole or in part.

Page last updated on 07 November 2001