Institutional Subscriber License Terms and Conditions

By purchasing a subscription to a Johns Hopkins University Press (JHUP) Online Reference resource (Online Reference) the Institutional Subscriber (Subscriber) agrees to the terms and conditions below. All reasonable efforts should be made to ensure that Authorized Users are aware of, and abide by, these conditions.

I. RIGHTS AND RESPONSIBILITIES

A. Authorized Users

A subscription to an Online Reference grants unlimited access to the full text of the resource for educational, research, and personal use by the faculty, staff, students, alumni, library patrons, and other Authorized Users of the Subscriber's campus/institutional network. Distance learners, alumni, and other off-campus affiliates may access the Online Reference if their internet access is through the campus network or via a secure proxy server.

Subscribers are expected to make their best feasible efforts to enable access to the Online Reference only to faculty, students, staff, alumni, and walk-in library patrons using the campus' physical facilities. There are no contractual limits on the number of Authorized Users from one campus at any given time.

1. Permitted

Provided that the copyright header attached to the Online Reference is retained, Authorized Users at the Subscriber's institution may

download and print one copy of each chapter or entry for personal use and archive contents on their own personal computers
use an "offline browser" that allows downloading content from the site to be read later. The browser must be configured to request no more than one chapter or entry per minute. Non-compliance with this rule will result in access to the Online Reference being blocked until the problem is resolved. If the problem is repeated, the offending IP may be permanently blocked from accessing the Online Reference site
send one copy by email, hard copy, or fax to one person in the Subscriber's campus/institutional network at another location for that individual's personal use
provide facsimile images that are exact representations of the print pages or of printouts from the electronic database for interlibrary loan under CONTU (National Commission on New Technological Uses of Copyright Works) guidelines and distributed in paper, fax, or digital form
use a persistent link, or durable URL, to the Online Reference, including full-text chapters or entries, ensuring that access is limited to Authorized Users. When such links are used for courses of instruction offered by the Subscriber's institution, such access shall be limited to the duration of the course. Each chapter or entry should carry an appropriate acknowledgment of the source, copyright, and publisher, and the links to such items shall be deleted by the Subscriber when they are no longer required for such purpose.
display, download or print the pages for the purpose of internal marketing or testing or for training Authorized Users or groups of Authorized Users

2. Not Permitted

Authorized Users at the Subscriber's institution may not

disseminate content from the Online Reference outside the campus or institution by any means, except as noted above.
transmit the digital source code, whether plain ASCII or tagged, and use contents from the Online Reference in course packs except as noted above
systematically download content by robots or other automatic processes without explicit approval from JHUP
burden server(s) with activities, such as computer programs, that automatically download content, commonly known as web robots, spiders, crawlers, wanderers, or accelerators. If there is evidence that such unauthorized activities have taken place, the Subscriber will be contacted, and access may be shut down if a prompt resolution is not achieved. No refunds or credits will be given for time without access as a result of such activities.
remove, cover, overlay, obscure, block, or change any copyright notices, legends, or terms of use; or modify or create a derivative work from the Online Reference content without the prior written permission of the copyright holder
re-use content for commercial use without prior written permission of the copyright holder
make agreements for access to the Online Reference work with individuals, organizations, vendors, affiliates, or partners, who are not Authorized Users

Regarding section A.2 above, if the Subscriber becomes aware of unauthorized access to the Online Reference, it will notify JHUP 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, JHUP has the right to withhold, suspend, or terminate access to any or all licensed content, without liability.

II. COPYRIGHT AND PERMISSIONS

Unless otherwise noted, the Johns Hopkins University Press holds the copyright, both to the compilation and to the individual chapters and entries of all materials published in the Online Reference. All content is subject to "fair use" provisions of U.S. or applicable international copyright laws.

In the event of a dispute between any rights-holder and JHUP with respect to the electronic distribution of any work in the Online Reference, JHUP shall have the right to remove such work from the Online Reference, and will do so upon the rights-holder's request.

Requests for authorization to distribute copies of chapters or entries in this Online Reference for use outside of the provisions listed above should be sent either to the Permissions Department, Johns Hopkins University Press or to the Copyright Clearance Center (CCC).

The Johns Hopkins University Press
Attn: Rights and Permissions Department
2715 North Charles Street
Baltimore MD 21218-4363
Phone: (410) 516-6964
Fax: (410) 516-6146
rights@press.jhu.edu

Copyright Clearance Center (CCC)
27 Congress, 222 Rosewood Drive
Danvers, MA 01923
Phone: 978-750-8400
Fax: 978-646-8600
www.copyright.com

III. ACCESS AND AUTHENTICATION

The JHUP file server permits entry by recognizing the Subscriber's authorized IP addresses. Distance learners and alumni who access the internet via campus IP accounts or a secure proxy server may use the Online Reference, but access is not available through independent service providers.

At the time the order is placed, the Subscriber provides IP addresses for the computers that require access to the electronic database. No credit is given for the submission of incorrect or incomplete IP ranges, or for IP information submitted late.

The Subscriber will make reasonable efforts to create and maintain appropriate security measures to ensure that only Authorized Users can access subscribed content online. The Subscriber also affirms that all IP addresses provided for use of the Online Reference are controlled by its institution exclusively for internet access by Authorized Users. Valid IP addresses must not include those of publicly accessible proxy or cache servers.

Access is for the length of the subscription period only. There is no access to content after the subscription period or any subsequent renewal thereof ends.

IV. USAGE STATISTICS

JHUP shall provide the Subscriber with COUNTER-compliant usage data on the chapters or entries downloaded, by Online Reference, on a monthly basis for private internal use by JHUP and the Subscriber only.

V. SUBSCRIPTION ACTIVATION

For access to be enabled, the Subscriber must provide technical and administrative data about its campus or institution via the JHUP online subscription form. Upon receipt of a fully completed order form, JHUP will permit the Subscriber access to the selected Online Reference contents.

VI. ADDITIONAL TERMS

If any provision or provisions of this License shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

JHUP will not be held liable for any delays, inaccuracies, errors or omissions in the Online Reference in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. JHUP does not represent or endorse the accuracy or reliability of any content.

Please direct any questions regarding these License Terms and Conditions to our Subscriber Services Department: onlineref@press.jhu.edu.

If the Subscriber becomes aware of infractions upon this Agreement, it shall report these to JHUP immediately. This Agreement may not be assigned, and represents the complete understanding as to the subject matter therein.

rev. 01/2009