Guilford Publications, Inc. (“Publisher”) grants the subscribing institution or subscribing individual ("Licensee") and, where the subscription is paid for by a library or institution, its Authorized Users non-exclusive and non-transferable online access to specific Guilford periodicals (the “Licensed Materials”) for research and private study subject to the terms and conditions of this License, and subject to users having a valid paid subscription to a specific periodical title, which includes online access, or for which the online access fee has been paid.
Authorized Users are defined as current members of the faculty and other staff of the Licensee (whether on a permanent, temporary, contract or visiting basis) and individuals who are currently studying at the Licensee’s institution, who are permitted to access the Secure Network from within the Library, and persons affiliated with remote sites or campuses of the Licensee that are administered from the Licensee’s site or campus, but not those persons affiliated with remote sites or campuses with a separate administrative staff. Authorized Users may also be members of the general public 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.
Access shall commence at the beginning of the subscription period for each title and shall automatically terminate at the end of the subscription period, unless the subscription is renewed or online access fees are paid.
On termination of this license, the Publisher shall provide continuing access for Licensee or--where the access to the Licensed Materials is granted by payment of a subscription by a library or an institution--its Authorized Users to those volumes and issues of specific titles which were published and paid for within the subscription period, for a period of not less than ten (10) years.
Copyright in the Licensed Material is protected by United States copyright law and international treaty provisions and is held by or proprietary to Guilford Publications, Inc. The granting of access in no way gives the Licensee or its Authorized Users any proprietary right to the Material.
Licensee and Authorized Users in accordance with the copyright laws of the United States:
- will have access to the publisher’s materials from the server.
- will have integrated access to integrated author, article title, abstracts, and keyword indexes to Guilford’s materials and materials from other publishers.
- may make single printed or electronic copies of single articles for personal use.
- may search, view, retrieve, and display the materials.
Where the access to the Licensed Materials is granted by payment of a subscription by a library or an institution, Licensee may, subject to clause 6 below, supply to an Authorized User of another library within the same country as the Licensee (whether by post or fax, or secure transmission, using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing), for the purposes of research or private study and not for commercial use, a single copy of an electronic original of an individual document being part of the Licensed Materials.
Nothing in this License shall in any way exclude, modify or affect any of the Licensee’s rights under Copyright Revision Act 1976 as amended subsequently provided that such rights are exercised in accordance with Section 108 of the Act and with the guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines) and published in U.S. Copyright Office Circular 21.
Neither the Licensee nor its Authorized Users may:
- 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;
- systematically make print or electronic copies of multiple extracts of the Licensed Materials for any purpose;
- mount or distribute any part of the Licensed Material on any electronic network, including without limitation the Internet and the World Wide Web, other than the Secure Network.
The Publisher’s explicit written permission must be obtained, and an additional fee may be charged, in order to:
- use all or any part of the Licensed Materials for any commercial use;
- systematically distribute the whole or any part of the Licensed Materials to anyone other than Authorized Users;
- 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;
- alter, abridge, adapt or modify the Licensed Materials, except to the extent necessary to make them perceptible on a computer screen to Authorized Users. For the avoidance of doubt, no alteration of the words or their order is permitted.
The Publisher warrants to the Licensee that the Licensed Materials used as contemplated by this License do not infringe the copyright or any other proprietary or intellectual property rights of any person.
4. Withdrawal of Materials
The Publisher reserves the right at any time to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
5. Disclaimer of Warranties
Except as expressly provided in this License, the Publisher makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the Licensed Materials, merchantability or fitness of use for a particular purpose. The Licensed Materials are supplied “as is”.
Except as provided in this license, under no circumstances shall the Publisher be liable to the Licensee or any other person, including but not limited to Authorized Users, for any special, exemplary, incidental or consequential damages of any character arising out of the inability to use, or the use of, the Licensed Materials. Irrespective of the cause or form of action, the Publisher’s aggregate liability for any claims, losses, or damages arising out of any breach of this License shall in no circumstances exceed the Fee paid by Licensee to the Publisher under this License in respect of the Subscription Period during which such claim, loss or damage occurred. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. Regardless of the cause or form of action, the Licensee may bring no action arising from this License more than six (6) months after the cause of action arises.
6. Responsibilities of Licensee
Where the access to the Licensed materials is granted by payment of a subscription by a library or an institution: The Licensee shall:
- use reasonable endeavors to ensure that all Authorized Users are appropriately notified of the importance of respecting the intellectual property rights in the Licensed Materials;
- use reasonable endeavors to notify Authorized Users of the terms and conditions of this License and take steps to protect the Licensed Materials from unauthorized use or other breach of this License;
- use reasonable endeavors to monitor compliance and immediately upon becoming aware of any unauthorized use or other breach, inform the Publisher and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence;
- issue passwords or other access information only to Authorized Users and use all reasonable endeavors to ensure that Authorized Users do not divulge their passwords or other access information to any third party;
- use reasonable endeavors to ensure that only Authorized Users are permitted access to the Licensed Materials.
All Licensees: Licensee agrees to indemnify, defend and hold the Publisher harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against the Publisher related to or in any way connected with any use of the Licensed Materials by the Licensee or Authorized Users or any failure by the Licensee to perform its obligations in relation to this License, provided that, where the access to the Licensed Materials is granted by payment of a subscription by a library or an institution, nothing in this License shall make the Licensee liable for breach of the terms of the License by any Authorized User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach to continue after becoming aware of an actual breach having occurred.
In addition to automatic termination (unless renewed) under Section 2, this License shall be terminated:
- if the Publisher commits a material or persistent breach of any term of this License and fails to remedy the breach (if capable of remedy) within sixty (60) days of notification in writing by the Licensee;
- if the Licensee commits a willful material and persistent breach of the Publisher's copyright or other intellectual property rights or of the provisions of Section 3 in respect of usage rights or in respect of prohibited uses;
- if either party becomes insolvent or becomes subject to receivership, liquidation or similar external administration.
On termination all rights and obligations of the parties automatically terminate except for obligations in respect of Licensed Materials to which access continues to be permitted. On termination of this License for cause, the Licensee shall immediately cease to access the Licensed Materials or to distribute or make available the Licensed Materials to Authorized Users.