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By signing this License Agreement ("Agreement"), the institution identified below ("Subscriber") agrees to the terms and conditions set forth in this Agreement. In turn, the American Physical Society ("APS") grants the Subscriber and Authorized Users at the Subscriber's institution the right to access APS Journals online, either through a subscription to the specific online journal, or through a print subscription that includes the online version, whichever may be applicable during the term of this Agreement.
Published and Copyrighted by the American Physical Society:
Physical Review A Physical Review Letters
Physical Review B Reviews of Modern Physics
Physical Review C Physical Review Online Archive (PROLA)
Physical Review D Physical Review Special Topics - Accelerators and Beams
Physical Review E Physical Review Special Topics - Physics Education Research
APS reserves the right to add to the above list in the event that new titles should become available.
Subscribing Institution:__________________________________________________________
Address:__________________________________________________________
__________________________________________________________________
__________________________________________________________________
Subscriber Account no. (if known) ________________________________________________
Subscription agent (if applicable)_________________________________________________
Contact person responsible for administration of online journals:
Name:_____________________________________________________________
Address:___________________________________________________________
__________________________________________________________________
__________________________________________________________________
Telephone:________________________________________________________
Fax:_____________________________________________________________
E-Mail:___________________________________________________________
Please print clearly. Notification that your online access is active will be sent by e-mail to this address.
1. Authorized Site. An Authorized Site is a localized site (one geographical location) that is under a single administration and may be academic or nonacademic. For organizations located in more than one city, each city is considered to be a different site. For organizations, which have multiple locations in the same city, that are administered independently, each location is considered to be a different site. No access from remote campuses or remote sites and no consortia or other forms of subscription sharing are allowed under this License.
Access at an Authorized Site is controlled by valid Internet Protocol ("IP") address(es), which Licensee is responsible for providing. Only the IP address(es) submitted by the Licensee will have access to the material. There is no limit on the maximum number of IP addresses or workstations at an Authorized Site under the License. Valid IP addresses may include proxy or cable services or other mechanisms for providing remote dial-in access only to Authorized Users of the Authorized Site.
Institutional Subscriber is solely responsible for any use through Institutional Subscriber's IP address to access APS Online Journals and will use all reasonable care to ensure that there is no unauthorized use through Institutional Subscriber's IP address. Unauthorized use through Institutional Subscriber's IP address, with or without Institutional Subscriber's knowledge, is a violation of this Agreement.
2. Authorized User. An Authorized User is any individual who is an employee, faculty, staff, and/or student officially affiliated with the Subscriber, and persons with legal access to the library's collections and facilities on-site. Authorized Users may be persons remote from the Subscriber's physical location whose access is administered from the Subscriber's site or campus. This license extends only to the Subscriber and such Authorized Users individually and may not be transferred to, or extended to, others.
3. Permitted Use. Licensee and Authorized Users may:
a. browse, search, retrieve, and view an APS Online Journal;
b. make one hard copy of the output of any search; such copies may not be sold and may not be distributed to anyone who is not a subscriber; and
c. download search results of an individual articles, or discrete items or portions of such articles, to hard disk or diskette, provided that such data is used solely for their personal use or research and are not made available to anyone who is not a subscriber.
Authorized Users and institutional Subscriber shall claim no ownership by reason of their use of or access to APS Online Journals. The Subscriber specifically agrees that use by the Subscriber or Authorized Users other than indicated above is a violation of the terms of this Agreement. The Subscriber and Authorized Users may only use this online access in a way that conforms with all applicable laws and regulations.
Interlibrary loan policy: Licensee may download and print individual articles that are then faxed, mailed or hand-delivered to a requester under Licensee's interlibrary loan procedures, so long as the requesting institution is a noncommercial library located in the same country as Licensee. No other form of electronic transmission or forwarding of material is permitted.
APS grants the Subscriber and Authorized Users permission for brief quotations from the content of the APS Online Journal articles.All copies of material from an APS Online Journal must bear proper copyright notice.
4. Prohibitions on Certain Uses. This License describes permitted uses. Any other use is prohibited and is cause for immediate termination of this License.
Licensee agrees not to forward, transfer, sell, rent, or otherwise knowingly distribute or provide access to the contents of any APS Online Journal to anyone who is not an Authorized User, unless specifically permitted in this License.Remote access other than described above is not permitted. No material from any APS Online Journal may be used for service bureau redistribution services, printing for fee-for-service purposes, such as document delivery services.
Specifically, no one is authorized to transmit, copy, or distribute any APS Online Journal issue or article in any manner or for any purpose except as described in section 3 (Permitted Use) of this License without APS's express written permission.In particular, no one may, without the express written permission of APS:
a. distribute or forward a copy (electronic or otherwise) of any article, file, or material obtained from any APS Online Journal;
b. disseminate any altered, modified, adapted, recompiled, or translated article, file, or material obtained from any APS Online Journal;
c. include any article, file, or material obtained from any APS Online Journal in other works or otherwise create any derivative work based on any materials obtained from any APS Online journal;
d. charge for a copy (electronic or otherwise) of any article, file, or material obtained from any APS Online Journal; or (vi) systematically or programmatically download (for example, downloading entire journal issues) articles, files, or material obtained from any APS Online Journal.
5. Duration of Agreement. This Agreement shall become effective upon acceptance by the APS and, subject to the terms and conditions of this Agreement, will remain in effect so long as Institutional Subscriber maintains a current online subscription to APS journals, or a current print subscription to APS Journals that includes online access, whichever may be applicable during the term of this Agreement. Licensee is responsible for taking reasonable measures to prevent prohibited uses, and to promptly notify APS of any infringement of copyright or prohibited use of which Licensee becomes aware. Licensee will cooperate with APS in investigating any such prohibited uses and will take reasonable steps to ensure the cessation of such activity and to prevent any reoccurrence. This Agreement will terminate
a. if and when the subscription lapses or when conditions covered by (b) and (c), below have occurred:
b. upon a determination by APS that Institutional Subscriber has unknowingly or unintentionally violated any term or condition of this Agreement and upon notice to Institutional Subscriber of such violation, the Agreement will terminate unless
within five (5) business days after receiving written or e-mail notice of the violation, Institutional Subscriber implements procedures, reasonably satisfactory to APS, to prevent future violations
c. following thirty (30) days' prior written notice by either party.
6. Copyright.APS Online Journals and their contents, including abstracts, are copyrighted by the APS and are subject to all applicable copyright, database protection, and other rights of the APS as copyright owner and publisher under laws of the United States and other countries.
7. Official Version of Record.APS will use commercially reasonable efforts to ensure that the online version of the journal corresponds in content with the print version. In the event of any discrepancy between the print and online versions, the online version will be the official version of record.
8. Usage Rights of Lapsed Subscribers. APS will use reasonable efforts to retain in an archive all electronic information published by the American Physical Society.The Subscriber will be given the option to purchase a physical archive copy, for example a CD-ROM, of the content in the Online Journal, starting with the 2000 subscription year and published during the term for which a paid subscription was maintained. The Subscriber will be permitted to copy that content from the physical archive copy to the Institution's information systems and redistribute that content to Authorized Users within the Authorized Site. Any hardware or software required to distribute content from the archive copy will be the responsibility of the Subscriber. The definitions of Authorized Users and allowed and prohibited uses as provided in this Agreement shall otherwise apply to the use of the archive copy. Upon lapse of subscription, no additional service is provided.
9. Disclaimer of Warranties.
a. THE APS WILL MAKE REASONABLE EFFORTS TO ENSURE THAT APS ONLINE JOURNALS ARE COMPLETE AND ACCURATE.HOWEVER, THE APS DOES NOT WARRANT THEIR COMPLETENESS OR ACCURACY, AND DOES NOT WARRANT THAT INSTITUTIONAL SUBSCRIBER'S ACCESS TO APS ONLINE JOURNALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE RESULTS OBTAINED WILL BE USEFUL OR WILL SATISFY INSTITUTIONAL SUBSCRIBER'S REQUIREMENTS.
b. THE APS WARRANTS THAT IT IS ENTITLED TO GRANT THE LICENSES GRANTED 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.
c. INSTITUTIONAL SUBSCRIBER AND AUTHORIZED USERS SHALL BE PERMITTED TO ACCESS APS ONLINE JOURNALS AT ANY TIME. THE APS, HOWEVER, 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.
d. THE APS 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 APS FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF A TERMINATION OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY INSTITUTIONAL SUBSCRIBER TO THE APS FOR THE SUBSCRIPTION DURING THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, EVEN IF THE APS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
e. Institutional Subscriber assumes the sole responsibility for all use of APS Online Journals through subscribing institution's IP address.
f. Institutional Subscribers agrees to indemnify and hold the APS harmless from any liability or claim of any person arising from unauthorized use.
g. In the event of abusive usage of the online access threatens the integrity and effectiveness of the APS online distribution system, the APS has the right to discontinue access immediately and inform the subscriber of the abuse. Online access will be restored as soon as practical after the abuse is corrected.
10. General
a.This Agreement constitutes the entire agreement of the parties and supersedes any prior communication between the parties with respect to the subject matter hereof. It may be modified by any agreed means that manifests mutual assent of both parties, including by signed written instrument or an electronic communication initiated by APS to which Institutional Subscriber manifests its assent in accordance with APS's instructions. Without limitation of the foregoing, any purchase order or other instrument that Institutional Subscriber may issue for APS Online Journals is for its internal purpose only and shall in no way amend the terms and conditions provided herein.
b. Institutional Subscriber shall not assign or transfer its rights under this Agreement.
c. Licensee must pay any applicable taxes, other than taxes on APS's net income, arising out of Licensee's use of the APS Online Journal and/or the rights granted under this Agreement.
d. This Agreement will be governed by the laws of the State of Maryland applicable to agreements entered into and fully performed in the State of Maryland. Any action arising out of or relating to this Agreement may be brought in courts situated in Maryland, and the parties consent to the jurisdiction of such courts, provided, however, that Institutional Subscriber shall not be bound by this paragraph - if compliance would violate any existing law, regulations, bylaws, articles of incorporation, or other governing instrument.
I have read and agree to adhere to and abide by all the terms and conditions stated above, and I certify that I am authorized to sign this Agreement on behalf of the Subscribing Institution identified above.
Name:_____________________________________Title: ___________________________
Signature: _______________________________Date: ____________________________
Please mail the completed and signed Agreement to:
American Physical Society
c/o AIP Circulation and Fulfillment
Suite 1N01
2 Huntington Quadrangle
Melville, NY 11747-4502 USA
Fax: 516-349-9704
To obtain current institutional subscription rates or to obtain assistance on how to complete this Agreement, contact the Associate Publisher at Tel:301-209-3283; Fax: 301-209-0844; or E-mail: assocpub@aps.org.
Institutional Subscribers may access APS Online Journals through IP addresses or IP address ranges. Each computer that accesses the Internet is assigned an IP address, commonly represented as four number groups separated by dots, e.g. 198.162.123.154. All computers on a local area network or subnet may have the first two or three number groups in common. Access to APS Online Journals are authenticated and authorized through the IP addresses or IP address ranges you provide. Please consult your network administrator for accurate IP addresses/ranges.
You may submit up to 10 IP addresses/or ranges (Class B, Class C, and single station) via this form. If you need any help or if you use proxy servers, please contact the Scitation Customer Support Group at help@scitation.org or telephone: 1-800-874-6383. Class B IP addresses are subject to additional review by Scitation technical staff.
Please type your IP addresses/ranges in the following formats:
Class B Network
Enter the first two (network) numbers and use asterisks for the host addresses, e.g.
145.34.*.*
Class C Network
Enter the first three (network numbers and use asterisks for the host address, e.g.
145.34.128.* (Ranges are acceptable, e.g. 145.34.128.* - 145.34.149.*)
Single Station
Type all four numbers, e.g. 145.34.128.62 (Ranges are acceptable, e.g. 145.34.128.62 -
145.34.128.86)
Enter your IP Addresses and/or IP Address Ranges:
_________________________________ ________________________________ _________________________________ ________________________________ _________________________________ ________________________________ _________________________________ ________________________________ _________________________________ ________________________________
Enter your fully qualified Internet domain name:
________________________________________________________________________________
Please provide the following required network contact information:
Name:_____________________________________Tel:____________________________
Email:____________________________________Fax: ___________________________