Terms and Conditions of Use

1. Authorized Users

World Scientific grants to the Subscriber and Authorized Users (as defined below) online access via WorldSciNet to each Online Journal for which the Subscriber maintains an Institutional Subscription. This grant extends only to the Subscriber and such Authorized Users individually and may not be transferred to or extended to others.

For the purposes of this Agreement, "Authorized Users" means only the employees, faculty, staff and students officially affiliated with the Subscriber and persons granted legal access by the Subscriber to the Subscriber's library collections and facilities. The Subscriber and the Authorized Users must always use an Internet Protocol address ("IP Address") within the range entered and accepted in this Agreement. 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.

The Subscriber will exercise reasonable vigilance and shall be responsible for all access control and security measures necessary to ensure that the Subscriber's IP Addresses are not used by persons other than the Subscriber or Authorized Users to access WorldSciNet.

The Subscriber warrants and represents that it will inform Authorized Users of these terms and conditions. Furthermore, the Subscriber will make every attempt to comply with or enforce these terms and conditions upon receiving information from World Scientific or any other source that reasonably indicates that one or more Authorized Users has violated these terms and conditions.

2. IP Addresses

Authorized Users will be recognized and authorized by their IP Address.
3. Permitted Use

The Subscriber and Authorized Users are permitted access to WorldSciNet as indicated in Clause 1 and 2 above, and may download, save, or print text, articles, abstracts, output, search results, or other information from the Online Journals ("Online Content") solely for the private use or research of the Subscriber and/or the Authorized Users.

The Subscriber and Authorized Users may only access WorldSciNet in a way that conforms with all applicable laws and regulations.

The copyright owner of each Online Journal grants the Subscriber and Authorized Users permission to make brief quotations from the text of Online Journal articles provided that the Journal source is acknowledged, and to copy and transmit text from individual Online Journal articles in "person-to-person" and non-systematic scholarly exchanges of information between the Subscriber or Authorized Users and specific individuals.

The Subscriber specifically agrees that use by the Subscriber or Authorized Users other than indicated above is a breach of the terms and conditions of this Agreement.

4. Prohibitions on Certain Uses

Altering, recompiling, systematic or programmatic copying, reselling, redistributing, publishing or republishing (beyond such use as is allowed under Clause 4) of any Online Content, or any portion thereof, including without limitation, copyright, proprietary and/or other legal notices contained therein, in any form or medium, is prohibited. Systematic or programmatic downloading of Online Content (for example, downloading entire journal issues), the provision of service bureau redistribution services in relation to Online Content, printing of Online Content for fee-for-service purposes and/or the systematic making of print or electronic copies of Online Content for transmission to non-subscribers or non-subscribing institutions (such as inter-library loans) is prohibited. Downloading portions of Online Content 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 by the stated copyright owner of the Online Journal or by World Scientific.
5. Duration of Agreement

This Agreement will become effective on receipt by World Scientific of the Agreement submitted by an authorized agent of the Subscriber, and, subject to the terms and conditions of this Agreement, will remain in effect while the Subscriber maintains an Institutional Subscription. This Agreement will terminate:
1. Following thirty (30) days' prior written notice by World Scientific to the Subscriber that any of the terms and conditions of this Agreement have been breached by the Subscriber, for any reason, knowingly or unknowingly, provided that the breach is not remedied by the Subscriber within the thirty (30) day notification period.
2. Following thirty (30) days' prior written notice by World Scientific to the Subscriber of any change in the terms and conditions of this Agreement and the receipt by World Scientific of notice from the Subscriber in writing, e-mail or fax that the Subscriber does not accept such change. (In the absence of any such objection by the Subscriber, World Scientific's new terms and conditions shall apply).

This Agreement shall renew automatically for the term of any Institutional Subscription upon receipt by World Scientific of payment for that subscription.

6. Copyright

The Online Journals and their Online Content, including abstracts, are copyrighted as indicated in Clause 1 or as indicated within the Journal or the Online Journal. Unauthorized copying or redistribution of any copyright-protected Online Journal or Online Content is a violation of copyright laws.
7. Failure of Performance

Following online access approval, the Subscriber and Authorized Users will be permitted to attempt online access to WorldSciNet at any time. World Scientific will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. World Scientific will use commercially reasonable efforts to correct any material performance or content problems brought to its attention and may suspend performance pending such correction.
8. Official Version of Record

World Scientific will use commercially reasonable efforts to ensure that the online versions of the Journals correspond in content with the print versions, but World Scientific does not guarantee that they do. In the event of any discrepancy between the print and online versions, the print version will be the official version of record.
9. Usage Rights of Lapsed Subscribers

World Scientific will use reasonable efforts to retain in an archive all electronic information published by World Scientific. With effect from the 2007 subscription year, the Subscriber will be entitled to access to the issues of the Journal in the current volume ("Current Contents") and to issues of the Journal published in the preceding years back to and including 2001 ("Contemporary Contents").

Upon the lapse of any Institutional Subscription, Subscribers will continue to have access to contents they have previously subscribed, but will cease to have access to complimentary Contemporary Contents.

Contents published in volumes of the Journal in 2000 and in previous years ("WorldSciNet Journal Archives") are available separately either for purchase by paying a single fee or on subscription by paying an annual Access Fee.

Where the Subscriber has chosen to purchase previous subscribed volumes of Contemporary Contents on DVD-ROM, it will be permitted to copy the content thereof on to the Subscriber's information systems and to redistribute such content to Authorized Users within a single library building. Any hardware or software required to view or distribute content from the Physical Archive Article will be the responsibility of the Subscriber. The definitions of Authorized Users and allowed and prohibited uses of Online Content as provided in this Agreement shall otherwise apply with all necessary modifications to the use of any such DVD-ROM content. Upon lapse of any Institutional Subscription, no additional service is provided. Lost or damaged content on any DVD-ROM may be replaced with copies in the then-current format for the then-current fee.

10. Disclaimer of Warranties; Limitation of Liability; Indemnification

World Scientific warrants that it is entitled to grant the licenses granted in this Agreement, and is authorized to execute this Agreement on behalf of the publishing customers indicated in Clause 1. Except as set forth in the preceding sentence, World Scientific makes no warranty or representation of any kind, express or implied, with respect to the Online Journals and WorldSciNet, including their quality, originality, suitability, searchability, operation, performance, merchantability or fitness for a particular purpose.

World Scientific shall not be liable for: exemplary, special, direct, indirect, incidental, consequential or other damages arising out of or in connection with the licenses granted hereunder, the use of, the inability to use or errors in any Online Journal, World Scientific's performance under this Agreement, termination of this Agreement by World Scientific, viruses or bugs which may be contained in or caused by use of WorldSciNet or the Online Journals or the loss of data, business or goodwill. In no event shall the total aggregate liability of World Scientific for any claims, losses or damages arising out of any breach or termination of this Agreement exceed the total amount paid by the Subscriber to World Scientific for the Institutional Subscription for the current subscription year in which such claim, loss or damage occurred, whether in contract, tort or otherwise, including without limitation, due to negligence.

No claim may be made against World Scientific unless the suit is filed thereon within one (1) year after the event giving rise to the claim.

World Scientific and the subscriber shall indemnify and hold each other harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any alleged breach of the indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims.

The indemnifying party shall have the right to defend such claims at its own expense. The other party shall provide assistance in investigating and defending such claims as the indemnifying party may reasonably request and have the right to participate in the defense at its own expense.

11. General

This Agreement, excluding the Appendix but including Clause 1, any entries made to all accompanying forms prior to delivery by the Subscriber of this Agreement to World Scientific for signing shall constitute the entire agreement between the Parties and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings between the Parties with respect to the specific subject matter of this Agreement.

The headings used in this Agreement are for convenience only and are not to be considered in construing the terms and conditions of this Agreement.

Subject to termination under Clause 6, this Agreement may be amended only by the consent (via mail, e-mail, or fax) of both parties. If World Scientific sends notice to the Subscriber of changes in the terms and conditions of this Agreement, lack of response by the Subscriber within a thirty (30) day period will be taken as acceptance of the new terms and conditions. Subscriber may not make any changes to this Agreement without written consent by World Scientific.

If for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated.