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- The Institution of Engineering and Technology (herein referred to as “the Institution”) grants the Subscriber and Authorised Users at the Subscriber’s Authorised Site the right to access online versions of the below indicated publications on the Scitation platform subject to these same terms and conditions.
- Authorised Users
The Institution grants to the Subscriber and Authorised Users at the Subscriber’s Authorised Site online access to the Scitation service, including each Online Publication for which the Subscriber maintains a current online subscription. This grant extends only to the Subscriber and such Authorised Users individually and may not be transferred to, or extended to, others.
For purposes of this Licence, an “Authorised Site” is a localised site (one geographical location) that is under a single administration. For an organisation with locations in more than one city, each city is considered to be a different site. For an organisation that has 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 Licence. (If you are seeking online access for multiple sites, please contact the IET Digital Library office.)
“Authorised Users” means only the employees, faculty, staff, and students officially affiliated with the Subscriber at the Authorised Site, and persons with legal access to the library’s collections and facilities at the Authorised Site, using an IP address within the range identified in the Appendix (page 5). Authorised Users may be persons remote from the Subscriber’s physical location whose access is administered from the Authorised Site, but not persons at remote sites or campuses with separate administrations. For example, an employee of the Subscriber is considered to be an Authorised User when accessing the Subscriber’s network from home or while travelling to another city; however, employees of a branch campus or facility in another city are not considered to be Authorised Users.
The Subscriber will exercise reasonable vigilance and shall be responsible for all access control and security measures necessary to ensure that the Subscriber’s IP addresses are not used to access the IET Digital Library by other than Authorised Users. The Subscriber warrants and represents that common and reasonable methods will be used to inform Authorised Users of general terms and conditions for the use of online information products that are consistent with this Licence. Furthermore, the Subscriber will make every attempt to enforce the terms of this Licence upon receiving information from the Institution or any other source that reasonably indicates that one or more Authorised Users is in violation of the terms of this Licence.
- IP Addresses
Authorised Users will be recognised and authorised by their Internet address. IP addresses and/or address ranges for the subscribing Institution are indicated in the Appendix. The Subscriber confirms that all IP addresses in the ranges listed in the Appendix are specifically controlled by the Subscriber for computers under its administrative control, and for individual Authorised Users. Access to the site via open proxies and other nonauthenticated proxy servers is prohibited.
- Permitted Use
The Subscriber and Authorised Users are permitted online access to the IET Digital Library and the Online Publications indicated in Section 1, and may download, save, or print text, search results, or other information from the IET Digital Library solely for the private use or research of the Subscriber and the Authorised Users. The Subscriber and Authorised Users may only use this online access in a way that conforms to all applicable laws and regulations.
The copyright owner of each Online Publication grants the Subscriber and Authorised Users permission for brief quotations from the content of Online Publication articles with the customary acknowledgment of the source, and to copy and transmit content from individual Online Publication articles in “person-to-person” and nonsystematic scholarly exchanges of information between Authorised Users and specific individuals. The Subscriber specifically agrees that use by the Subscriber or Authorised Users other than indicated above is a violation of the terms of this Licence.
Interlibrary loan: the Institution-prepared electronic article files may not be transmitted in their original digital form to any other institution or to a nonAuthorised user. A hard copy printed from the electronic files of the publication(s) may be supplied to another institution by mail or fax or secure transmission using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing, provided the institution is not-for-profit and within the same country as the Subscriber. The supply of such copies must conform to CONTU guidelines or similar restrictions to “fair use” provisions under copyright law.
- Prohibitions on Certain Uses
Altering, recompiling, systematic or programmatic copying, reselling, redistributing, publishing or republishing (beyond the brief quotations permitted under Section 4) of any publication text, output, search results, or other information from the IET Digital Library or Scitation, or any portion thereof, including without limitation, copyright, proprietary and/or other legal notices contained therein, in any form or medium is prohibited. Systematic or programmatic downloading (e.g., the use of automated “robots” or otherwise downloading or attempting to download in a short time period large amounts of subscribedto or unsubscribedto material from the Scitation platform such as all abstracts and/or full text articles from entire journal issues or extensive search results), service bureau redistribution services, printing for feeforservice purposes and/or the systematic making of print or electronic copies for transmission to nonsubscribers or nonsubscribing institutions are prohibited. For example, the use of the Online Publications for document delivery services other than “interlibrary loan,” as described in section 4, is prohibited. Downloading portions of the IET Digital Library or other material on the Scitation platform for the purpose of creating preloaded systematic and persistent local copies (not including transient, dynamic caches of individually requested material) for redistribution is prohibited. All rights not expressly granted are reserved to the stated copyright holder of the Online Publication. The Subscriber and Authorised Users may not circumvent Scitation access control systems or use Scitation systems or services to make any attempt to gain unauthorised access to any other system or network.
Neither the Institution nor the operator of the Scitation platform shall not be required to distribute, and Subscriber shall not redistribute, the IET Digital Library or any other material on the Scitation platform or any Online Publication included therein to a country where the export thereof is prohibited by United Kingdom or U.S. law or regulation.
- Duration of Licence
This Licence will become effective on receipt by the Institution of the Licence signed by an authorised agent of the Subscriber, and, subject to the terms and conditions of this Licence, will remain in effect while the Subscriber maintains a current paid print or online subscription to the online publication(s).
This Licence will terminate:
a. Subject to (b.) and (c.) below, if the online subscription lapses (termination is effective at the end of the paid subscription period).
b. Following thirty (30) days’ prior written notice that any term or condition of this Licence is violated for any reason, knowingly or unknowingly, provided that violation is not remedied with all reasonable haste upon notification. The foregoing notwithstanding, the Institution reserves the right to suspend access to the service immediately upon detecting a breach of this Licence. The Institution will use reasonable effort to notify the Subscriber as soon as possible, usually within three (3) days of any such suspension of service, by sending email to the address you supplied in Section 1.
c. Following thirty (30) days’ prior written notice by the Institution of any change in the terms of this Licence, receipt by the Institution of notice from the Subscriber in writing, or by email or by fax that the Subscriber does not accept such change or changes. (In the absence of any such objection by Subscriber, Institutions new terms shall apply.) This Licence shall renew automatically for the term of any Online Subscription upon receipt by the Institutio of payment for that subscription.
The IET Digital Library is copyrighted by the Institution of Engineering and Technology. The Online Publications and their content, including abstracts, are copyrighted as indicated in Section 1 or as indicated within the publication. Scitation and its content, excluding the content of the Online Publications are copyrighted by AIP. The IET Digital Library, Scitation and Online Publications are subject to all applicable copyright, database protection and other rights of the stated owner and publisher under the laws of the United Kingdom and other countries. Copyright notices in the IET Digital Library, Scitation and Online Publications may not be removed, obscured, or modified in any way. Unauthorised copying or redistribution of any Scitation content is a violation of copyright laws.
- Failure of Performance
Following online access approval, the Subscriber and Authorised Users will be permitted to attempt online access to the IET Digital Library at any time. The Institution however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. The Institution and the operator of the Scitation platform will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.
- Archive Rights of Subscribers
The Institution will use reasonable efforts to retain in an archive all electronic information published by the Institution. The Subscriber will be given the option to purchase a physical archive copy, for example a CDROM, of the content in the Online Publications, starting with the 1994 subscription year and published during the term for which a paid online 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 Authorised Users within the Authorised Site. Any hardware or software required to distribute content from the archive copy will be the responsibility of the Subscriber. The definitions of Authorised Site, Authorised Users, and allowed and prohibited uses as provided in this License shall otherwise apply to the use of the archive copy. Upon lapse of subscription, no additional service is provided. Lost or damaged physical archive copies will be replaced with copies in the then current format for a reasonable fee; otherwise, back issue physical copies in the thencurrent format will be made available at the thencurrent pricing schedule.
- Disclaimer of Warranties; Limitation of Liability; Indemnification
The Institution warrants that it is entitled to grant the licences granted in this Licence. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, THE INSTITUTION MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE PUBLICATIONS AND SCITATION, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The Institution SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION OR LICENCES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY THE INSTITUTION’s ONLINE PUBLICATION, THE INSTITUTION’S PERFORMANCE UNDER THIS LICENCE, TERMINATION OF THIS LICENCE BY THE INSTITUTION OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF THE INSTITUTION IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE INSTITUTION FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS LICENCE EXCEED THE TOTAL AMOUNT PAID BY THE SUBSCRIBER TO THE INSTITUTION FOR THE ONLINE PUBLICATION SUBSCRIPTION, FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against the Institution unless suit is filed thereon within one (1) year after the event giving rise to the claim.
The Subscriber assumes sole responsibility for all use of the IET Digital Library, Scitation and the Online Publications by the Subscriber and by each Authorised User. In the event of a breach of this Licence by the Subscriber or Authorised Users, the Subscriber agrees to indemnify and hold both the Institution and the operator of the Scitation platform harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of this Licence and otherwise for the Institutions’ defence of indemnified claims), losses and threatened losses arising from, or in connection with, that breach, including without limitation, claims of unauthorised use.
This Licence constitutes the entire agreement between the parties and supersedes any prior communication between the parties with respect to the subject matter hereof. The headings used in this Licence are for convenience only and are not to be considered in construing the terms of this Licence. Subject to termination under Section 6, this Licence may be amended only by consent (via mail, email, or fax) of both parties. If the Institution sends notice to the Subscriber of changes in the terms of this Licence, lack of response by the Subscriber within a thirty (30) day period will be taken as acceptance of the new terms. Subscriber may not make any changes to this Licence without written consent by the Institution.
The Subscriber must pay any taxes (including but not limited to any applicable Value Added Taxes, Sales Taxes, and Import Taxes) other than taxes on the Institutions’ net income, arising out of the Subscriber’s use of Scitation, Online Publications and/or the rights granted under this Licence.
The Subscriber may not assign or transfer its rights under this Licence. The provisions of Sections 2, 4, 5, 7, 9, 10, and 11 hereof shall survive any expiration or termination of this Licence.
This Licence will be governed by, and construed in accordance with, the laws of England.