SGM Journals - Site Licence Agreement for Full-Text access

Society for General Microbiology Institutional Online Site Licence Agreement for Full-Text access. 2010 Subscription Year

A PDF version of this page is available here.

The following document sets out the terms in which The Society for General Microbiology ("The Publisher") is prepared to License the SGM Online Journals (hereinafter defined).

The use of the SGM Online Journals constitutes agreement with these terms. If a Licensee subscribes to more than one SGM Online journal, this Licence governs each subscription and the Licensee's use of each SGM Online Journal. It is the responsibility of the Licensee to review the Online Site Licence Agreement before placing new orders for, and renewing subscriptions. The Publisher reserves the right to agree separate signed licences with selected Tier 5 customers.

I. Online Site Licence Agreement

The Society for General Microbiology ("The Publisher") hereby grants to the SGM Online Journals Subscriber ("Licensee") and its Authorized Users (hereinafter defined) a non-exclusive, revocable, non-transferable Licence to access each SGM Journal to which Licensee has subscribed, according to the terms of this Agreement, and to make the use permitted and described below.

II. Definitions

Authorized Users – Current members of staff, employees, faculty and students of the Licensee who are permitted to access the Secure Network from within the Licensee's Premises. This also includes visitors or members of the public accessing via terminals located on the site and under the control of the subscribing institution(s).

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, use by the Licensee or by an Authorized User of the Licensed Materials in the course of research, product development and related activity in the normal course of business does not constitute Commercial Use.

Fee – For SGM Online Journal Subscribers Tiers 1–4 the Subscription Fees as published on the SGM website at www.sgmjournals.org/subscriptions/pricing. For Tier 5 customers, a licence Fee as agreed between the Publisher and Licensee.

Licensee – The SGM Online Journal Subscriber authorizing acceptance of this Licence, and responsible for its administration across one or more sites.

SGM Online Journals – The online version of each of The Publisher's journals for which the Licensee holds a current institutional subscription for online access or which includes online access.

Types of Licence – SGM Online Journal Subscribers are classified into one of five tiers as published on the SGM website at www.sgmjournals.org/subscriptions/tieredpricing. SGM Online Journal Subscribers in Tier 1–3 are entitled to access as a Basic Site. SGM Online Journal Subscribers in Tier 4 are entitled to access as a Basic or Extended Basic Site. Subscribers in Tier 5 are entitled to access as a Multisite. Allocation and type of site licence is confirmed by payment of the appropriate Fee.

Authorized Sites

1. Basic site licence (SGM Online Journals Subscriber Tiers 1–4)

A basic site licence entitles access for:

single physical site (geographically contiguous buildings belonging to one organization); or
multiple campuses within one city that are part of a single organizational unit, administered centrally and sharing a common Director or Chief Executive Officer.

2. Extended basic site licence (SGM Online Journals Subscriber Tier 4)

An extended basic licence entitles access for:

two affiliated organizations (such as a research university and an associated medical school) based in separate, single physical sites; or
two affiliated organizations (such as a research university and an associated medical school), each of which is a single organizational unit but each of which may be composed of several campuses within a single city (with overall access for the two organizations in up to two cities). Each individual organizational unit shares a common Director or Chief Executive Officer.

3. Multi-site licence (SGM Online Journals Subscriber Tier 5)

A multi-site licence entitles access for:

organizations or groups of organizations with more than two independently administered/managed locations within one city; or
two non-affiliated organizations based in separate physical sites and separately administered/managed making a joint purchase; or
organizations or groups of organizations in more than two cities, states, or countries, with administration of this licence being done centrally on behalf of all locations.

III. Usage Rights

Users must be browsing from the IP addresses used for online registration. Valid IP addresses used must not include those of publicly accessible proxy or cache servers.
With the exception of the Licensees listed below in Prohibited Use, remote access is permitted for authorized local users by means of an on-site password-protected secure proxy server.
Articles may be forwarded to others at the Authorized Site(s) but no dissemination to individuals who are outside the Authorised Site should take place, with the exception of inter library loan listed below.
Single copies of articles may be copied, downloaded, stored on a personal computer or printed out.
Access to the electronic versions of the journals should be for the purposes of scholarly, research, educational or teaching use but not for selling on or any commercial use.
Where the subscriber is an academic library, SGM grants the subscriber the non-exclusive right to fulfill inter library loan requests (whether by post, fax or secure electronic transmission, using Ariel or its equivalent, whereby the electronic file is deleted after printing), to an authorized user of another academic library in the same country as the subscriber, for the purpose of research or private study and not for commercial use. If the number of copies provided in any one calendar year for any one journal title to any one library exceeds five articles, the subscriber may supply the article and must pay the SGM standard document delivery copyright royalty rate. If the subscriber is located in the United states of America, the subscriber agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC #108, "Limitations on exclusive rights: reproduction by libraries and archives") and with guidelines developed by the National Commission on New Technology Uses of Copyrighted works (CONTU Guidelines) from time to time, the text of which is available as part of the US Copyright Office Circular 21.

IV. Prohibited Use

Certain Licensees are restricted to on-site access only with a Basic or Extended Basic Licence (i.e. access is only allowed for users within the physical site and not remotely). These types are listed in the detailed Tier Coding Grid and include: primary and secondary schools; private practice offices or private clinics; professional societies, trade unions, industry trade associations; public libraries and museums and national and state libraries.
Only those IP addresses that are valid to the Authorized Sites as outlined by the type of Licence purchased for the appropriate Fee by the Licensee should be registered for online access to SGM Online Journals.
Users may not systematically copy, download or redistribute substantial numbers of articles. When compiling composite products (e.g. course packs) contact the publisher for permission and to obtain details of charges.
Transmission of articles in an altered form is not allowed.
The Publisher's explicit written permission must be obtained in order to use all or any part of the licensed material for any commercial use as defined above.

V. Copyright

The person using SGM Journals Online may view, reproduce or store copies of articles comprising the journal provided that the articles are used only for their personal, non-commercial use. Uses beyond that allowed by the "Fair Use" limitations (sections 107 and 108) of the U.S. Copyright law require permission of the publisher.
For permissions to copy beyond that permitted by the U.S. Copyright Law and for reprints, contact the Copyright Clearance Center.
Any uses and or copies of these journals in whole or in part must include the customary bibliographic citation, including author attribution, date, article title, the journal name, and the journal URL at sgmjournals.org and MUST include a copy of the copyright notice.
Accounts and/or passwords may not be shared.

VI. Obligations

The Publisher will:

Make reasonable efforts to provide continuous service, subject to scheduled maintenance and repair and unforeseen events. Scheduled downtime will be performed where reasonably practicable at a time to minimize inconvenience.

The Licensee will:

Inform Authorized Users and potential Authorized Users of the need to maintain password security or to comply with such other access controls as may be agreed.
Maintain administrative contact details within the activation account, which The Publisher may use to notify the Licensee of account or online journal service changes only.
Make access available to Authorized Users only from valid IP addresses at the Site(s); undertake reasonable measures to prevent access to and improper use of the online journals by unauthorized persons and take responsibility for terminating any unauthorized access of which it has notice or knowledge.
Promptly notify The Publisher of any copyright infringement or unauthorized usage of the online journals and to co-operate in the investigation and pursuit of such infringement or unauthorized use.

VII. Terms and Termination

The Publisher shall have the right to terminate access to SGM Online Journals by any user at any time during the term if such User infringes copyright in SGM Online Journals or breaches the terms of this Licence. The Licensee shall not be responsible for unauthorised use by the Users which is without the consent of the Licensee provided that the Licensee has taken reasonable steps to prevent such misuse and, upon learning of it, notifies us immediately.
The Publisher may terminate this Licence by notice with immediate effect if the Licensee materially breaches the obligations under this Licence and such breach cannot be rectified or (if it can), where the Licensee fails to rectify such breach within thirty (30) days of notice from us confirming the breach and the action required to rectify it.
This Licence shall be terminated if the Licensee defaults in making payment to The Publisher of any licence or subscription Fees when due, after thirty (30) days notice to remedy such default, if default is not remedied.
SGM reserves the right to change or amend these terms without prior notice.

VIII. Disclaimer of Warranties

IN NO EVENT SHALL THE PUBLISHER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ARTICLES OR OTHER MATERIAL DERIVED FROM THE JOURNALS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY.
THE PUBLISHER REPRESENTS AND WARRANTS THAT IT HAS THE POWER TO ENTER INTO THIS AGREEMENT AND TO GRANT THE RIGHTS CONFERRED HEREIN TO THE LICENSEE AND THAT THE LICENSED WORK(S) DO NOT VIOLATE OR INFRINGE UPON ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHT OR CONTRACT RIGHT OF ANY THIRD PARTY.
THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS OR PUBLICATIONS DOES NOT IMPLY ENDORSEMENT OF THAT PRODUCT OR PUBLICATION.
THERE IS NO GUARANTEE THAT THE INFORMATION CONTAINED IN THE ONLINE VERSION OF THE JOURNAL IS IDENTICAL TO THE PRINT VERSION OF THE JOURNAL AND THE PUBLISHER HAS ANY DUTY TO UPDATE THE INFORMATION CONTAINED ON THE ONLINE VERSION TO CORRECT ERRORS OR OTHERWISE.

SGM–TBI–IOSL–v2–270309