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Mit press institutional license agreement


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MIT PRESS INSTITUTIONAL LICENSE AGREEMENT

Please address any questions concerning the MIT Press Institutional License Agreement to:
journals-rights@mit.edu

By executing this Agreement, the Subscribing Institution accepts the following terms and conditions:


1. Scope of License. Institutional Subscriber Use Restrictions. This Agreement applies to all MIT Press journals for which the Subscribing Institution shall have paid the applicable site license and subscription fee to MIT Press (the “Journals”). Under this Agreement, the Subscribing Institution is granted a nonexclusive, revocable, nontransferable right and license to access and use the Journals on the World Wide Web via the Subscribing Institution's Internet protocol addresses (IP addresses), and, in connection with the foregoing, to permit Subscribing Institution's Authorized Users to access the journals and make the uses described below. In addition, the Subscribing Institution's library facilities are permitted to use printouts from the electronic versions of the Journals, but not manipulable electronic files, for the purpose of inter-library loan, subject to the limitations of Section 108 of the Copyright Act of 1976 and the CONTU Guidelines related thereto.
"Authorized Users" are the employees, faculty, staff, and students (including distance learners) of the Subscribing Institution, and other persons affiliated with the Subscribing Institution (e.g., alumni or retirees) who have general Internet access through the campus network or via a secure proxy server. Patrons of the Subscribing Institution's library facilities who are not described above are Authorized Users only if physically present at such facilities and subject to the supervision of the Subscribing Institution. Authorized Users include 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 teaching campuses that have separate administrative staffs. If MIT Press at any time determines in its sole discretion that the range of IP addresses claimed by the Subscribing Institution represents more than one campus, it may terminate this Agreement forthwith by notice to the Subscribing Institution. Subject to the foregoing, this Agreement places no restrictions on the number of Authorized Users who may access the Journals at any given time.

2. Authorized individual use. An Authorized User may, acting as an individual and not in a professional capacity as a librarian of the Subscribing Institution:

  • Download individual articles from any Journal for personal use, and archive them on his/her own personal computer. Note: the purpose of this is to enable research-driven, as-needed downloading. This means (among other things) that bulk downloading is expressly forbidden, as is serial or cumulative downloading that results in the user reproducing on his or her computer, in effect, all or any substantial subset of any issue of any Journal.

  • Print out individual articles from any Journal for personal use. As above, bulk printing and serial printing that results in the user reproducing all or any substantial part of any Journal issue are not allowed.

  • Send one copy of any Journal article by email, hard copy, or fax to one person at another location for that individual's personal use as above. This means (among other things) that bulk forwarding is expressly forbidden, as is serial or cumulative forwarding that results in a third person’s reproducing on his or her computer, in effect, all or any substantial subset of any issue of any Journal. The Subscribing Institution’s librarians may not distribute copies outside the Subscribing Institution except in compliance with the CONTU Guidelines.

  • Make traditional scholarly re-use of material within the bounds of fair use.

  • Provide via paper, fax, or digital transmission, a facsimile image (e.g., a PDF file) that is an exact representation of the print pages, or a printout of an electronic file, for interlibrary loan under CONTU guidelines.

All other uses are prohibited. Without limitation, an Authorized User may not disseminate any such material outside the Subscribing Institution by any means, except as noted above; make multiple copies in either digital or paper form; or store any electronic file of such material on any intranet or other centrally accessible network or server, including but not limited to for “coursepack” purposes.
The Subscribing Institution is responsible for taking reasonable measures to prevent access by unauthorized persons to its IP addresses, and is responsible for terminating any unauthorized access of which it has actual notice or knowledge. The Subscribing Institution will not be held responsible for uses of the subscribed journals that are contrary to the guidelines stated above, provided that such uses are without its express or implied consent, and provided that it promptly notifies MIT Press of any such use of which it becomes aware and takes all reasonable steps to terminate such activity. The Subscribing Institution agrees to cooperate with MIT Press in any investigation of unauthorized access or use. MIT Press will not bring an action against an Authorized User without first consulting the Subscribing Institution.
3. Archiving; E-reserves. The Subscribing Institution’s library may download and archive materials at its own site and place contents on its own file server, including electronic reserves, providing that access to the file server is restricted to the campus/institutional community. MIT Press will make all reasonable efforts to ensure continuing access to any given issue of any Journal for a minimum of 10 years.

4. Disclaimer of Warranties -- Limitation of Liability. MIT PRESS MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE JOURNALS OR THE ELECTRONIC FILES AND ACCESS SOFTWARE PERTAINING THERETO, ALL OF WHICH ARE LICENSED “AS IS”. IN NO EVENT WILL MIT PRESS OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE JOURNALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS OR FOR INABILITY TO USE THE JOURNALS, TO ANY PARTY EVEN IF MIT PRESS OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MIT PRESS OR SUCH OTHER PARTY’S LIABILITY FOR ANY DAMAGES OR LOSS TO SUBSCRIBING INSTITUTION OR ANY OTHER PARTY EXCEED THE LICENSE FEE PAID BY SUBSCRIBING INSTITUTION FOR THIS LICENSE. The disclaimers and limitations stated in this agreement apply not only to the Subscribing Institution as such but to all Authorized Users.
5. Term and Termination. This Agreement shall become effective upon MIT Press’s receipt of this document signed by the Subscribing Institution, and shall remain in effect thereafter for so long as the Subscribing Institution remains current in its subscription payments. However, MIT Press reserves the right to revise this Agreement from time to time, provided it gives the Subscribing Institution notice thereof at least thirty (30) days prior to the effective date of such revision. If the Subscribing Institution refuses to accept such revision it may terminate at such time and receive a pro rata refund of its site license fees for the then-current year.

In the event that the Subscribing Institution shall fail to perform any obligation under this Agreement, MIT Press may, in addition to any other remedies it may have under law, terminate the Agreement and the Subscribing Institution’s online access to the Journals. MIT Press will give the Subscribing Institution written notice and thirty (30) days in which to cure any such breach, except that MIT Press may terminate access without prior notice and for as long as necessary if it in good faith determines that the security or integrity of its online database has been compromised by one or more Authorized Users.


6. General

  • This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments, and understandings. The various headings in this Agreement are informational only and do not limit the scope or content of the subject matter contained therein. No waiver, amendment, or modification of this Agreement shall be effective unless it is in writing and signed by the parties hereto.

  • The Subscribing Institution may not assign or transfer its rights under this Agreement.

  • Should any provision of this Agreement be held to be void or unenforceable, the remaining provisions shall remain in full force and effect to read and to be construed as if the void or unenforceable provisions were originally deleted.

  • The validity, interpretation, and performance of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts, excluding that body of laws dealing with conflict of laws. Venue shall be the courts of competent jurisdiction located in Massachusetts.



Please print clearly or type:
Subscribing Institution's name: __________________________________

Authorized Signature: ____________________________________________

Title of Authorized signer: ______________________________________

Date: ____________________________________________________________

Library contact person: __________________________________________

E-mail: __________________________________________________________

Phone: _________________________ Fax:_____________________________

Return a signed copy of this license to:

Subsidiary Rights Manager

MIT Press Journals

238 Main Street

Cambridge, MA 02142 USA

Voice (617) 253-2864

Fax (617) 258-5028

E-mail: journals-rights@mit.edu
If you wish us to return a countersigned copy to you, please type or print clearly where you would like it sent:
___________________________________________
___________________________________________
___________________________________________
_________________________

MIT Press Signature: _______________________________________

Signer's name:______________________________________________

Title: _____________________________________________________



Date: ______________________________________________________


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