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Microbiology Society Institutional Online Site Licence Agreement for Full-Text Access

The following document sets out standard Licence terms for the content published by the Microbiology Society (the “Publisher”) on its publishing platform (“The Platform”). The Publisher reserves the right to agree separate signed licences with customers in its “Special Pricing” tier.

The use of the Platform constitutes agreement with these terms. If a Licensee subscribes to more than one journal on the Platform, this Licence governs each subscription and the Licensee's use of the Platform. It is the responsibility of the Licensee to review the Online Site Licence Agreement before placing new orders for, and renewing, subscriptions.

Please read the following Licence Agreement carefully; by using the Platform you are agreeing to abide by this site licence agreement.

1.1 Copyright

The Publisher owns the copyright of the journals on the Platform and has exclusive publishing rights in articles. Open Access articles are published under Creative Commons CC-BY licences. The copyright holder of each article is given within that article.

The Publisher warrants that it has the authority to make available the Platform and that it has secured all rights and permissions necessary to enable Authorised Users to utilise such materials in compliance with this licence.

1.2 Online Site Licence Agreement

The Publisher hereby grants to the Subscriber ("Licensee") and its Authorised Users a non-exclusive, revocable, non-transferable Licence to access each Journal to which Licensee has subscribed, according to the terms of this Agreement, and to make the use permitted and described below.

1.3 Definitions

1.3.1 Authorised Users

Academic: Current members of the faculty and other staff of the Licensee (whether permanent, temporary, contract or visiting basis) and individuals who are currently studying at the Licensee’s institution, who are permitted to access the Secure Network from within the Library Premises or from such other places where Authorised Users work or study (including but not limited to Authorised Users’ offices and homes, halls of residence and student dormitories) and who have been issued by the Licensee with a password or other authentication together with other persons who are permitted to use the Licensee’s library or information service and access the Secure Network but only from computer terminals within the Library Premises.

Corporate and Government: Current employees of the Licensee (whether permanent, temporary, contract or visiting basis) from such places where Authorised Users work or study (including but not limited to Authorised Users’ offices and homes) who are permitted access to the organisation’s Secure Network from within the physical Premises or who have been issued by the Licensee with a password or other authentication.

1.3.2 Commercial Use

Use for the purposes of monetary reward (whether by or for the Licensee or an Authorised User) by means of sale, resale, loan, transfer, hire or other form of exploitation of the Licensed Materials. For the avoidance of doubt, use by the Licensee or by an Authorised User of the Licensed Materials in the course of research, product development and related activity in the normal course of business does not constitute Commercial Use.

1.3.3 Fee

For Academic 1, Academic 2, and Corporate and Government, the Subscription Fees as published on the Subscription pricing section. For Special Pricing, a Licence Fee as agreed between the Publisher and Licensee.

1.3.4 Licensee

The subscriber authorising payment of the Fee and acceptance of this Licence, and responsible for its administration across one or more sites.

1.3.5 Licensed Materials

The online version of each of The Publisher's journals for which the Licensee holds a current institutional subscription for online access or which includes online access.

1.3.6 Types of Licence

Licensees are classified into one of four tiers; each tier denotes which form of three license types Licensees is entitled to: Basic Site, Extended Basic Site, or Multi Site.

1.3.7 Authorised Sites

A Basic Licence* entitles access for:

  • Single physical site (geographically contiguous buildings belonging to one organisation); or
  • Multiple campuses within one city that are part of a single organisational unit, administered centrally and sharing a common Director or Chief Executive Officer

*Certain types of organisation claiming a Basic Site Licence are restricted to on-site access only (i.e. access is only allowed for users within the physical site and not remotely). These include: primary and secondary schools; private practice offices or private clinics; professional societies, trade unions, industry trade associations; and national and state libraries.

An Extended Licence entitles access for:

  • Two affiliated organisations (such as a research university and an associated medical school) based in separate, single physical sites; or
  • Two affiliated organisations (such as a research university and an associated medical school), each of which is a single organisational unit but each of which may be composed of several campuses within a single city (with overall access for the two organisations in up to two cities). Each individual organisational unit shares a common Director or Chief Executive Officer.

A Multi-Site Licence entitles access for:

  • Organisations or groups of organisations with more than two independently administered/managed locations within one city; or
  • Two non-affiliated organisations based in separate physical sites and separately administered/managed making a joint purchase; or
  • Organisations or groups of organisations in more than two cities, states, or countries, with administration of this licence being done centrally on behalf of all locations.

1.4 Terms of Access

This Licence will cover online access, during the calendar year for which a Fee has been paid, for access to the Platform.

Access to the current year of the Platform shall be controlled through the use of valid Internet Protocol (‘IP’) address(es), which the Licensee is responsible for providing. There is no limit on the maximum number of IP addresses or workstations at an Authorised Site under the Licence. Use of an open proxy server to provide access for its Authorised Users is prohibited.

The Licensee is responsible for maintaining uptodate IP address information at theIPRegistry.org and for taking reasonable measures to prevent access by unAuthorised individuals to its Authorised IP address(es), and for terminating any unAuthorised access of which it has actual notice or knowledge.

1.5 Usage Rights: what Authorised Users are allowed to do

  • Authorised Users may search, view, display, download, store and print out individual articles or other items from the Platform for their scholarly, educational, research or personal use.
  • Authorised Users may distribute copies of individual articles from the Platform, to other Authorised Users for their personal use.
  • Authorised Users may provide metadata with appropriate links to one or more individual articles for inclusion in course packs and e-reserves.
  • Authorised Users may supply print or electronic copies of individual articles or items from the Platform to regulatory authorities for regulatory purposes relating to Licensee’s products or services, provided that the Licensee is a party to the proceedings.
  • Authorised Users may supply print or electronic copies of individual articles or items from the Platform to individual third parties on request for medical information purposes, provided that no more than 10 copies of a specific article or item are supplied. For additional copies, the Licensee or the third party should contact [email protected] for commercial reprint rights, which are not covered by this licence.
  • Interlibrary loan. The Licensee may supply to an Authorised User of another library, by post, fax or ARIEL (or equivalent), whereby the electronic file is deleted immediately after printing, a single copy of an article, for the purposes of research or private study.
  • The Publisher supports CLOCKSS. The Licensee is authorised to store and grant access, through LOCKSS, to the content to which the Licensee subscribes, in order to preserve the Licensee’s use of and access to such material, subject to the conditions set forth in this Licence. This permission is granted on the further condition that the Licensee installs and maintains, at its own expense, any software or other mechanism and authorisations need to participate in LOCKSS.

1.6 Usage restrictions: what Authorised Users are NOT allowed to do

  • Only those IP addresses that are valid to the Authorised Sites as outlined by the type of Licence purchased for the appropriate Fee by the Licensee should be registered for online access to the Platform.
  • Systematic or programmatic downloading (e.g., the use of automated “robots” or otherwise downloading or attempting to download in a short time period large amounts of material such as all abstracts and/or full text articles from entire publication issues or extensive search results), is forbidden.
  • Articles from the Journal(s) may not be copied or distributed for Commercial Use.
  • Articles from the Journal(s) may not be translated, altered, re-compiled, manipulated or used to prepare derivative works without permission from the Publisher.
  • The authors’ names, copyright notices or other means of identification may not be removed from or altered as they appear in the Journal(s).
  • Unless permission is explicitly granted, articles from the Journal(s) may not be mounted or distributed on any electronic network.

1.7 Obligations

The Publisher will:

  • Make reasonable efforts to provide continuous service, subject to scheduled maintenance and repair and unforeseen events. Scheduled downtime will be performed where reasonably practicable at a time to minimise inconvenience.

The Licensee will:

  • Inform Authorised Users and potential Authorised Users of the need to maintain password security or to comply with such other access controls as may be agreed.
  • Maintain administrative contact details within the activation account, which The Publisher may use to notify the Licensee of account or online journal service changes.
  • Make access available to Authorised Users only from valid IP addresses at the Authorised Site(s); undertake reasonable measures to prevent access to and improper use of the online journals by unAuthorised persons and take responsibility for terminating any unAuthorised access of which it has notice or knowledge.
  • Promptly notify The Publisher of any copyright infringement or unAuthorised usage of the online journals and to co-operate in the investigation and pursuit of such infringement or unAuthorised use.

1.8 Terms and Termination

  • The Publisher shall have the right to terminate access to the Platform by any Authorised User at any time during the term if such User infringes copyright in the Journal(s) or breaches the terms of this Licence. The Licensee shall not be responsible for unauthorised use by its Authorised Users which has been made without the consent of the Licensee, provided that the Licensee has taken reasonable steps to prevent such misuse and, upon learning of it, notifies us immediately.
  • The Publisher may terminate this Licence by notice with immediate effect if the Licensee materially breaches the obligations under this Licence and such breach cannot be rectified or (if it can), where the Licensee fails to rectify such breach within thirty (30) days of notice from us confirming the breach and the action required to rectify it. No refund will be provided upon such termination.
  • This Licence shall be terminated if the Licensee defaults in making payment to The Publisher of any Licence or Fees when due, after thirty (30) days notice to remedy such default, if default is not remedied.
  • The Publisher reserves the right to change or amend these terms without prior notice.

1.9 Disclaimer of Warranties

IN NO EVENT SHALL THE PUBLISHER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ARTICLES OR OTHER MATERIAL DERIVED FROM THE JOURNALS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY.

THE PUBLISHER REPRESENTS AND WARRANTS THAT IT HAS THE POWER TO ENTER INTO THIS AGREEMENT AND TO GRANT THE RIGHTS CONFERRED HEREIN TO THE LICENSEE AND THAT THE LICENSED WORK(S) DO NOT VIOLATE OR INFRINGE UPON ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHT OR CONTRACT RIGHT OF ANY THIRD PARTY.

THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS OR PUBLICATIONS DOES NOT IMPLY ENDORSEMENT OF THAT PRODUCT OR PUBLICATION.

THERE IS NO GUARANTEE THAT THE INFORMATION CONTAINED IN THE ONLINE VERSION OF THE JOURNAL IS IDENTICAL TO THE PRINT VERSION OF THE JOURNAL AND THE PUBLISHER HAS ANY DUTY TO UPDATE THE INFORMATION CONTAINED ON THE ONLINE VERSION TO CORRECT ERRORS OR OTHERWISE.

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