Terms and Conditions for Use of Karger Online Publications by Personal Subscribers
| Personal Subscriber: an individual who has taken out a personal online subscription for a particular time period. Personal subscribers to Karger journals are authenticated through their assigned user id and password. Personal subscriptions are available on an archival basis and are not transferable to third parties. |
In attaining an online subscription to Karger publications, the purchasing individual expressly agrees to the terms set out below.
Terms and conditions for online access to Karger titles include site-wide access to subscribed titles for the subscribing individual, with the limit to the number of users being one, access validation by personal ID and password, 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:
- Commercial Use
- Use for the purposes of monetary reward by means of sale, resale, loan, transfer, hire or other form of exploitation of the Licensed Materials.
- Course Packs
- A collection or compilation of materials (e.g. book chapters, journal articles) assembled by the Licensee for use by students in a class for the purposes of instruction.
- Electronic Journals and Books
- 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.
- Licensee
- The individual who has taken out an online personal subscription to Karger Electronic Journals and/or Books.
- Licensed Materials
- The electronic material published by the Karger Publishers and subscribed to by the Licensee.
- Publisher
- S. Karger AG
- 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.
Usage Rights
| 1. |
The Licensee may:
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| 1.1 |
Search, view, retrieve and display the Licensed Materials. |
| 1.2 |
Electronically save individual articles and/or book chapters, or items of the Licensed Materials for personal use. |
| 1.3 |
Print a copy of parts of the Licensed Materials for personal use. |
| 1.4 |
Nothing in this License shall in any way exclude, modify or affect any of the Licensee's rights under the Copyright Designs and Patents Act 1988 or any statutory instruments made thereunder or any amending legislation. |
If the Licensee 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 and/or Books immediately and without notice, in addition to any other available remedies.
Data Delivery
The Licensed Materials 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 the Licensee accesses and makes 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
The publisher maintains an online archive of published full text material beginning with the 1998 subscription year. The Licensee has archival access to all subscription years to which the Licensee has a paid online subscription. Upon termination of this Agreement, the publisher will make possible perpetual online archival access for the Licensee to that part of the Licensed Materials which was licensed prior to the termination of this Agreement. Online archival access provided through the publisher directly shall be at no cost to the Licensee, and the publisher reserves the right to offer such Licensed Materials in an archived format. In the event that the publisher can no longer provide such archival access, the publisher may make the online format 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.
Course Packs
For the avoidance of doubt, the Licensee may not incorporate all or any part of the Licensed Materials in Course Packs without the prior written permission of the Publisher, which may set out further terms and conditions for such usage.
Prohibited Uses
| 1. |
The Licensee may not:
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| 1.1 |
Remove or alter the authors' names or the Publisher's copyright notices or other means of identification or disclaimers as they appear in the Licensed Materials. |
| 1.2 |
Systematically make print or electronic copies of multiple extracts of the Licensed Materials for any purpose (other than temporary back-up copies). |
| 1.3 |
Mount or distribute any part of the Licensed Material on any electronic network, including without limitation the Internet and the World Wide Web.
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| 2. |
The Publisher's explicit written permission must be obtained in order to:
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| 2.1 |
Use all or any part of the Licensed Materials for any Commercial Use. |
| 2.2 |
Systematically distribute the whole or any part of the Licensed Materials. |
| 2.3 |
Publish, distribute or make available the Licensed Materials, works based on the Licensed Materials or works which combine them with any other material, other than as permitted in this License. |
| 2.4 |
Alter, abridge, adapt or modify the Licensed Materials, except to the extent necessary to make them perceptible on a computer screen or as otherwise permitted in this License. For the avoidance of doubt, no alteration of the words or their order is permitted. |
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 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 and Books, and all other materials is at the Licensee's own risk. Access to the Electronic Journals and Books and all other materials might be interrupted and may not be error free.
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Non-subscribers
