Terms and Conditions for the Use of Karger Online Publications by Academic Subscribers

Terms and conditions for online access to Karger titles include site-wide access to subscribed titles for the subscribing institution, access validation by IP address in some cases, long-term archiving features, searching capabilities, links with bibliographic databases and gateway access via licensed third party aggregators.

In this License, the following terms shall have the following meanings:

Authorized Users

(1) Current members of the faculty and other staff of the Licensee and
(2) 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 Authorized Users work or study on campus and who have been issued by the Licensee with a password or other authentication together with
(3) 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 (otherwise known as 'walk-ins').
 

Commercial Use

Use for the purposes of monetary reward (whether by or for the Licensee or an Authorized User) by means of sale, resale, loan, transfer, hire or other form of exploitation of the Licensed Materials. For the avoidance of doubt, neither recovery of direct costs by the Licensee from Authorized Users, nor use by the Licensee or by an Authorized User of the Licensed Materials in the course of research funded by a commercial organization, is deemed to be Commercial Use.
 

Course Packs

A collection or compilation of materials (e.g. book chapters, journal articles) assembled by members of staff of the Licensee for use by students in a class for the purposes of instruction.
 

Electronic Journals

The electronic version of a print title published by the Publisher and located on its Web site. The electronic version is in PDF format and, when available, in HTML format.
 

IP Range

The abbreviation of Internet Protocol, the IP range specifies the format of information packets and the addressing scheme of a network for the purpose of transferring data over a digital network.
 

Library Premises

The physical premises of the library or libraries operated by the Licensee.
 

Licensee

The undersigned in this contractual agreement.
 

Licensed Materials

The electronic material published by the Publisher and subscribed to by the Licensee.
 

Publisher

S. Karger AG
 

Secure Network

A network (whether a stand-alone network or a virtual network within the Internet) which is only accessible to Authorized Users approved by the Licensee whose identity is authenticated at the time of log-in and periodically thereafter, in accordance with current best practice, and whose conduct is subject to regulation by the Licensee.
 

Server

The server (either the Publisher's server or a third party server designated by the Publisher) on which the Licensed Materials are mounted and may be accessed.
 

Subnet Mark

A term used in conjunction with IP ranges, subnetting enables the network administrator to further divide the host part of the IP address into two or more subnets. The subnet mask is the network address plus the bits reserved for identifying the subnetwork.
 

Subscription Period

That period nominally covered by the volumes and issues of the Licensed Material, regardless of the actual date of publication.

Usage Rights

All Users, including guest users, have the right to view all areas of the Publisher's Web site not requiring a password. This includes but is not limited to Tables of Contents and Abstracts for all Electronic Journals of the Publisher, regardless of subscription.
Users at institutions which have subscribed to Electronic Journals and Users who have access under a society agreement will have access to the full text in PDF (and HTML if available) of such Electronic Journals ('Authorized Users'). Authorized Users may download, view, copy and save to hard disk or diskette and store or print out single copies of individual articles or items for their own personal, scholarly, educational, scientific research or internal business use.
Except as provided above, Users may not copy, distribute, transmit or otherwise reproduce material from Electronic Journal(s); store such material in any form or medium in a retrieval system; download and/or store an entire issue of an Electronic Journal or its equivalent; or transmit such material, directly or indirectly, for use in any paid service (such as document delivery or information brokerage service) or for systematic distribution (such as a list serve), whether for commercial or nonprofit use.
In order to protect the integrity and attribution of the Publisher and the Electronic Journal(s), the Licensee agrees to take reasonable measures to ensure that Users do not to remove, obscure or modify any copyright or proprietary notices, author attribution or disclaimer contained therein or on any screen display. Users may not integrate material from the Electronic Journal(s) with other material or otherwise create derivative works in any medium. This is not meant to prohibit quotations for purposes of comment, criticism or similar scholarly purposes.

If the Licensee or Authorized User fails to abide by these Terms and Conditions or violates any other terms of this Agreement, the Publisher reserves the right in its sole discretion to suspend or terminate access to the Electronic Journals immediately and without notice, in addition to any other available remedies.

Data Delivery

The Licensed Materials (Electronic Journals) are currently delivered in standard Internet formats using HTML and Adobe Acrobat Reader PDF format. The Publisher reserves the right to change delivery formats, as well as the access method, display or any other feature that may affect the manner in which Authorized Users access and make use of the Licensed Materials.

The Publisher shall use reasonable efforts to provide continuous availability of the Licensed Materials through the Internet. Such availability will be periodically interrupted due to maintenance of the servers, software installation and downtime related to equipment or services outside of the Publisher's control.

The Publisher reserves the right to withdraw from the Licensed Materials any item or part of an item that it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is otherwise offensive, defamatory or erroneous.

Archiving

Upon termination of this agreement, the Publisher will provide at no cost to the Licensee online archival access for at least ten (10) years to that part of the Licensed Materials which was licensed prior to the termination of this Agreement. The Publisher reserves the right to offer the Licensed Material in an archived format. In the event that the Publisher can no longer provide such archival access, the Publisher may make the online form of the Licensed Materials available through third-party service providers, who may impose their own charges, for which the Publisher is not accountable nor in any way involved in the negotiation process.

Supply of Copies to other Libraries (Interlibrary Loans)

The Licensee may supply to an Authorized User of another library within the same country as the Licensee either by post or fax transmission, for the purpose of research or private study and not for Commercial Use, a single paper copy of an electronic original of an individual document which is part of the Licensed Materials. For the avoidance of doubt, electronic transmissions are not permitted without the express prior written consent of the Publisher.

Course Packs and Electronic Reserve

For the avoidance of doubt, the Licensee may not incorporate all or any part of the Licensed Materials in Course Packs or Electronic Reserve collections without the prior written permission of the Publisher, which may set out further terms and conditions for such usage.

Prohibited Uses

Data Protection and Linking Policy

The Publisher recognizes the importance of protecting the information it collects and will take reasonable steps to maintain the security, integrity and privacy of this information.

The Publisher may provide links to third-party Web sites. Where such links exist, the Publisher disclaims all responsibility and liability for the content of such third-party Web sites. Users assume the sole responsibility for the accessing of third-party Web sites and the use of any content appearing on such Web sites.

General Terms

This license constitutes the entire agreement of both parties and supercedes all prior understandings and agreements relating to the subject matter of this License, whether oral or written. Alterations to this License are only valid if signed by both parties. The Licensee may not assign the License to any other person or organization unless agreed upon in writing by both parties. The invalidity of any provision shall not affect the continuation of the remainder of this License.

This agreement shall be effective from the date of signature by both parties and shall run until the end of the current calendar year or until all subscriptions for the said calendar year have been published, whichever is the later.

This agreement is construed and shall be enforced in accordance with the laws of Switzerland and falls within the jurisdiction of the courts of Basel.

Warranty Limitations

The Web site of the Publisher and all materials contained therein are approved on an 'as is' basis, without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The use of the Electronic Journals, Karger Online Publications and all materials is at the User's own risk. Access to Karger Online Publications and the Electronic Journals might be interrupted and may not be error free.

Using these Terms and Conditions as a Contractual Agreement

To use these terms and conditions as a contractual agreement, please download the PDF version, fill in the form at the end, and return it to Karger's Journal Distribution Department (fax number: + 41 61 306 12 34).

Inquiries concerning the terms and conditions of this site license can be addressed to Karger's Journal Distribution Department under the telephone number + 41 61 306 12 80 or via e-mail to orders@karger.ch.

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