Microbiology Society Institutional Online Site Licence Agreement for Full-Text access
The following document sets out the terms in which the Microbiology Society ("The Publisher") is prepared to Licence the content published on the Microbiology Society publishing platform (“The Platform”).
The use of the Platform constitutes agreement with these terms. If a Licensee subscribes to more than one journal on the Platform, this Licence governs each subscription and the Licensee's use of the Platform. 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 Tier 5 customers.
Please read the following Licence Agreement carefully; by using the Platform you are agreeing to abide by this site licence agreement.
The Publisher owns the copyright of the journals on the Platform; the copyright holder of each article is given within that article.
The Publisher warrants that it has the authority to make available the Platform and that it has secured all rights and permissions necessary to enable Authorized Users to utilise such materials in compliance with this licence.
2. Online Site Licence Agreement
The Publisher hereby grants to the Subscriber ("Licensee") and its Authorized Users a non-exclusive, revocable, non-transferable Licence to access each Journal to which Licensee has subscribed, according to the terms of this Agreement, and to make the use permitted and described below.
Current members of the faculty and other staff of the Licensee (whether 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 Premises or from such other places where Authorized Users work or study (including but not limited to Authorized Users’ offices and homes, halls of residence and student dormitories) and who have been issued by the Licensee with a password or other authentication together with 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
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.
For Tier 1 – 4 the Subscription Fees as published on the Pricing and Ordering Information section. For Tier 5, a Licence Fee as agreed between the Publisher and Licensee.
The subscriber authorizing payment of the Fee and acceptance of this Licence, and responsible for its administration across one or more sites.
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
Licensees are classified into one of five tiers. Licensees in Tiers 1–3 are entitled to access as a Basic Site. Licensees in Tier 4 are entitled to access as a Basic or Extended Basic Site. Licensees in Tier 5 are entitled to access as a Multisite. Allocation and type of site licence is confirmed by payment of the appropriate Fee.
1. Basic Site licence (Tiers 1–3)
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
*Certain types of organization claiming a Basic Site Licence are restricted to on-site access only (i.e. access is only allowed for users within the physical site and not remotely). These include: primary and secondary schools; private practice offices or private clinics; professional societies, trade unions, industry trade associations; and national and state libraries.
2. Extended Basic site licence (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, Consortia and Non-standard licence (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.
4. Terms of Access
This Licence will cover online access, during the calendar year for which a subscription has been paid, to the Platform.
Access to the current year of the Platform shall be controlled through the use of valid Internet Protocol (‘IP’) address(es), which the Licensee is responsible for providing. There is no limit on the maximum number of IP addresses or workstations at an Authorized Site under the Licence. Use of an open proxy server to provide access for its Authorized Users is prohibited.
The Licensee is responsible for deleting any expired or inaccurate IP address(es) from the subscription account, for taking reasonable measures to prevent access by unauthorized individuals to its authorized IP address(es), and for terminating any unauthorized access of which it has actual notice or knowledge.
5. Usage Rights: what Authorized Users are allowed to do
- Authorized Users may search, view, display, download, store and print out individual articles or other items from the Platform for their scholarly, educational, research or personal use.
- Authorized Users may distribute copies of individual articles from the Platform, to other Authorized Users for their personal use.
- Authorized Users may provide metadata with appropriate links to one or more individual articles for inclusion in course packs and e-reserves.
- Authorized Users may supply print or electronic copies of individual articles or items from the Platform to regulatory authorities for regulatory purposes relating to Licensee’s products or services, provided that the Licensee is a party to the proceedings.
- Authorized Users may supply print or electronic copies of individual articles or items from the Platform to individual third parties on request for medical information purposes, provided that no more than 10 copies of a specific article or item are supplied. For additional copies, the Licensee or the third party should contact email@example.com for commercial reprint rights, which are not covered by this licence.
- Interlibrary loan. The Licensee may supply to an Authorised User of another library, by post, fax or ARIEL (or equivalent), whereby the electronic file is deleted immediately after printing, a single copy of an article, for the purposes of research or private study.
- The Publisher supports CLOCKSS. The Licensee is authorised to store and grant access, through LOCKSS, to the content to which the Licensee subscribes, in order to preserve the Licensee’s use of and access to such material, subject to the conditions set forth in this Licence. This permission is granted on the further condition that the Licensee installs and maintains, at its own expense, any software or other mechanism and authorisations need to participate in LOCKSS.
6. Usage restrictions: what Authorized Users are NOT allowed to do
- Certain Licences 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 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 the Platform.
- The downloading of entire issues of Journal(s) is not allowed.
- 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 subscribed-to or unsubscribed-to material such as all abstracts and/or full text articles from entire publication issues or extensive search results), is forbidden.
- Articles from the Journal(s) may not be copied or distributed for Commercial Use.
- Articles from the Journal(s) may not be translated, altered, re-compiled, manipulated or used to prepare derivative works without permission from the Publisher.
- The authors’ names, copyright notices or other means of identification may not be removed from or altered as they appear in the Journal(s).
- Unless permission is explicitly granted, articles from the Journal(s) may not be mounted or distributed on any electronic network.
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 Authorized 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.
8. Terms and Termination
- The Publisher shall have the right to terminate access to the Platform by any user at any time during the term if such User infringes copyright in the Journal(s) 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. No refund will be provided upon such termination.
- 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.
- The Publisher reserves the right to change or amend these terms without prior notice.
9. 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.