IOP JOURNALS ARCHIVE (1999 2006) LICENCE AGREEMENT

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IOPJournalsArchive1999
-
20062012v02


amended by IOP on 28 September 2012


IOP JOURNALS ARCHIVE

(1999


2006)
L
ICENCE AGREEMENT



IOP PUBLISHING LIMITED
, a company having registered number
467514

and having its registered office at
Temple Circus, Temple Way, Bristol, BS1 6HG

("Publisher")


OFFERS to you, the
Institution
, permission to access the Licensed
Material

(defined below)
and use such material
only on the terms and conditions as set out in this Licence.

Acceptance of this Licence will

be by receipt
of the Order Confirmation Email (
the
Publisher) (as hereafter defi
ned)
by the Publisher
as part of the JISC Collections Online Ordering Service

(defined below)
.

Acceptance shall be
acceptance of all terms and conditions of this Licence and no variation or counter offer will be accepted by the
Publisher.

In the event th
at
there is no or partial
acceptance, no licence will be granted and this offer is deemed
withdrawn.

BACKGROUND

1.

IOP Journals Archive (1999

2006) is the Publisher’s digitized archive covering the years 1999
-
2006 inclusive
;


2.

IOP Journals Archive (1999

2006)
and all
Intellectual Property Rights (as hereafter defined)

therein are owned by
or licensed to
the
Publisher
;


3.

JISC Collections is a company limited by guarantee set up in 2006 by the UK funding bodies to (1) carry on from
the UK funding bodies all or any

of the businesses of establishing, managing and providing access to the UK
learning community and to acquire and grant licences for access and use of learning material for the advancement
and benefit of the UK learning community; (2) acquire and grant lic
ences for access and use of electronic resources
for the community of bodies and institutions engaged in the provision or support of education, learning and/or
research in the UK and elsewhere in the world;


4.

JISC Collections has developed an online orderin
g service; the ‘JISC Collections Online Ordering Service’,
whereby nominated persons can place, order, and manage subscriptions online on behalf of their Institution, which
will be used in connection with this
Licence
;


5.

The
Publisher has agreed with JISC C
ollections in the Agreement between JISC Collections and the Publisher to
use this
Licence

as the model for any agreement between the Publisher and a subscribing institution in relation to
the offer agreed between JISC Collections and the Publisher as atta
ched to this
Licence

in Annex 1.

IT IS AGREED

AS FOLLOWS:

1.

DEFINITIONS

1.1

In this Licence, the following terms shall have the following meanings:



"Access Fee"

means the fee for access and use of the Licensed Material via the
Publisher’s platform or
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.

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amended by IOP on 19 28 September 2012

"Authorised User"

means an individual who is authorised by
the
Institution to have
access to its information services (whether on
-
site or off
-
site) via
Secure Authentication and who is
:



a
current student of that authorised institution;



a member of staff (whether permanent or temporary
including retired members of staff) of that authorised
institution
;



a contractor engaged by
the I
nstitution whose contract
requires acc
ess to the Licensed

Material
;



a
teacher and/or librarian who at the request of the
I
nstitution
provides support to current students of th
e

I
nstitution;

or



a Walk
-
in User.

Authorised Users shall be restricted to all those persons mentioned
above
and
who are: (i) based permane
ntly within the United
Kingdom; or (ii) affiliated with remote sites or campuses of the
Institution in the United Kingdom and/or (iii) affiliated with the
Institution who are studying overseas at sites or campuses of a third
party institution on a temporar
y basis.

Walk
-
In Users are persons who are allowed by
the

I
nstitution to
access its information services from computer terminals or otherwise
within the physical premises of
the

I
nstitution.

For the avoidance of
doubt, Walk
-
In Users may be given
means to
access

the Licensed
Material by any wireless Secure Network.

Walk
-
In Users are not
allowed off
-
site access to the Licensed Material

and are not allowed
access by any wireless network unless it is secure
.

"Commercial Use"

m
eans use of the
Licensed Materia
l

for the purpose of monetary
reward (whether by or for
the Institution

or an Authorised User) by
means of the sale, resale, loan, transfer, hire or other form of
exploitation of the
Licensed Material
.


For the avoidance of doubt,
neither the recovery of d
irect cost by
the Institution

from Authorised
Users, nor use by
the Institution
or Authorised Users of the
Licensed
Material

in the course of research funded by a commercial
organisation is deemed to constitute Commercial Use
.

"Content and Licence Fee"


means the fee for the purchase of the content of the Licensed Material
and the perpetual licence for access and use of such content via local
or third party mounting.

"Delivery Date"

m
eans the date six weeks after the
d
ate
of this Licence
or such earlier
date as the parties may agree
in
words

for the delivery of the Licensed
Material pursuant to Clause 7.1.

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"Educational Purposes"


means for the purpose of education, teaching, distance learning private
study and/or research.

"Fee"

means the fee as set out

in Clause 8.

"Intellectual Property
Rights"

means patents, trademarks, trade names, design rights, copyright
(including rights in computer software and moral rights), database
rights, rights in know
-
how and other intellectual property rights, in
each
case whether registered or unregistered and including
applications for the grant of any of the foregoing and all rights or
forms of protection having equivalent or similar effect to any of the
foregoing which may subsist anywhere in the world.

"JISC Colle
ctions Online
Ordering Service"


means the online subscription ordering service developed by JISC
Collections.

The JISC Collections Online Ordering Service can be
found at www.jisc
-
collections.ac.uk.

"Licensed Material"

means the material listed in
Annex

3 and any associated metadata
supplied by the Publisher under this Licence
.


"Order

Confirmation
Email (Institution)
"

means the email to the Institution,
automatically generated by the
JISC Online Orderin
g Service after the Institution
has completed the
Subscription
Order
and Acceptance Form, confirming that the
Institution has placed the order, the start and end date of the
subscription period and that the Institution
has agreed to the terms and
conditions of th
is

Licence.

"Order

Confirmation
Email (JIS
C Collections)
"

means the email to JISC Collections,
automatically generated by the
JISC Online Orderin
g Service after the Institution
has completed the
Subscription
Order
and Acceptance Form, confirming that the
Institution has placed the order, the start

and end date of the
subscription period and that the Institution
has agreed to the terms and
conditions of th
is

Licence
.

"Order

Confirmation
Email (Publisher)
"





means the email to the Publisher,
automatically generated by the JISC
Online Orderin
g Service after the Institution
has completed the
Subscription
Order
and Acceptance Form, confirming that the
Institution has placed the order, the start and end date of the
subscription period and that the Institution
has agreed to the terms and
condition
s of th
is

Licence.


"Secure Authentication"




means access to the Licensed Material by Security Assertion Mark
-
up
Language (SAML) technology based authentication, Internet Protocol
(“IP”) ranges or by another means of authentication agreed in writing
between the Publisher and the
Institution

from time

to time.

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"Secure Network"

means a network which is only accessible by Secure Authentication.


"Subscription Order and
Acceptance Form"











"
Text and Data Mining"











"Text and Data Mining
Output (“TDM")










means the form used by JISC
Collections as part of the JISC
Collections Online Ordering Service. A sample copy of the form is
attached hereto in Annex 2. Once the completed form has been
received by the JISC Collections Online Ordering Service, the system
automatically generates an

Order Confirmation Email (Institution) to
the Institution, Order Confirmation Email (JISC Collections) to JISC
Collections and an Order Confirmation Email (Publisher) to the
Publisher repeating the information on the form regarding the name of
the Institu
tion, the resource, the start and end date of the subscription
period and confirming the date on which the Institution accepted the
terms and conditions of this Licence.


means to download, extract and index information from the Licensed
Material.


Where r
equired, mount, load and integrate the results on a
server used for the Institution's text
-
mining system and evaluate and
interpret the TDM Output for access and use by Authorised Users.
The Institution shall ensure compliance with this
Licence
, including

security and technical access requirements.


Text and
D
ata
M
ining
may be undertaken on either locally loaded Licensed M
aterial or as
mutually agreed.


means the result of any Text and Data Mining activity or operation,
capable of fixation, reproducti
on an
d/or communication in any
form,
such as the creation of an index, reference, abstract, relative or
absolute description or representation of
the
Licensed Material, an
algorithm, formula, metrics, method, standard or taxonomy describing
or based on
the
Lice
nsed Material
, a relational expression
or
measurement, whether scalable or not, of
the
Licensed Material,
extraction, alternative representation or translation, expression or
discussion of any extracts from mined Licensed Material, whether in
the form of a

direct extraction or a representation in any form which
is
based on the Licensed Material.


1.2

Headings contained in this Licence are for reference purposes only and shall not be deemed to be an
indication of the meaning of the clause to which they rela
te.

1.3

Where the context so implies, words importing the singular number shall include the plural and vice versa and
words importing the masculine shall include the feminine and vice versa.

2.


LICENCE


2.1

By means of this
Licence the Publisher
agrees (a) to provide
the Institution
with a copy of the Licensed
Material as provided for in Clause
7
; (b) to grant the Institution the licences to the Licensed Material on the
terms set out in Clause 3; (c) to provide on
-
line
access and
allow on
-
line
use

of the Licensed Material by
Authorised Users upon payment of an Access Free by the Institution.


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2.2

In consideration for receipt of
the Licensed Material and
the Publisher’s licensing of the Licensed Material
pursuant to Clause 3, the Institution underta
kes to pay to the Publisher the Fee(s) in accordance with the
provisions of Schedule 1.


3.

LICENCE GRANT


3.1

The Publisher hereby grants to the Institution upon payment of the Content and Licence Fee a perpetual
irrevocable non
-
exclusive licence:

3.1.1


to mount the Licensed Material, to communicate the Licensed Material via a Secure Network, to
make the Licensed Material available

to Authorised Users
, to use and

allow Authorised Users to
access and use the Licensed Material
all in accordance with

the
terms and conditions
of
this Licence .

3.1.2


to make available the Licensed Material to Authorised Users through any un
-
networked electronic
means

(
e.g. FTP, CD
-
Rom) for use in accordance with the terms and conditions consistent with this
Licence
.

3.2

The

Publisher hereby grants to the Institution upon payment of the Access Fee a non
-
exclusive licence to
access the Licensed Material on
-
line via the Publisher’s platform or via a third party’s platform on behalf of
the Publisher and use the Licensed Material

in accordance with the terms and conditions of this
Licence .

3.3

The Publisher hereby grants to the Institution the right to appoint third parties to act on behalf of the
Institution to mount the Licensed Material, to communicate the Licensed Material vi
a a Secure Network, to
make the Licensed Material available and to provide access to the Licensed Material in accordance with this
Licence

so as to enable the Institution to exercise its rights under Clause 3.1.

This arrangement shall be
subject to an agr
eement between the Institution and the third party which is consistent with the terms of this
Licence

where relevant.

4.

PERMITTED USES

4.1

Throughout the term of this Licence, the Institution may for Educational Purposes only
;


4
.1.
1

p
rovide Authorised

Users with integrated access and an integrated article author, article title and
keyword index to the Licensed Material and all other similar material licensed from other publishers;


4.1.2

s
upply to another library in the United Kingdom (whether by post,

fax or secure electronic
transmission provided the electronic file is deleted immediately after printing) a single paper copy of
an electronic original of an individual document;


4
.1.
3

p
rovide single printed or electronic copies of single articles at the

request of individual Authorised
Users;

4.1.4

display, download and print parts of the Licensed Material for the purpose of promoting or testing
the Licensed Material or for training Authorised Users;


4.1.5

make and distribute copies of training material

as may be required for the purpose of using the
Licensed Material in accordance with this
Licence
;

4.1.6

mount and use
m
etadata
to populate discovery systems including library catalogues as necessary for
the discovery and use of the Licensed Material
; and


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4.1.7

allow Authorised Users for Educational Purposes only to:




4.1.7
.1

access the Licensed Material by Secure Authentication in order to search, retrieve,
view and
display the Licensed Material
;



4.1.
7
.2

electronically save parts of the Licensed
Material
;



4.1.
7
.3

print out
single printed or electronic
copies of parts of the Licensed Material
;

4.1.
7
.4

incorporate parts of the
Licensed Material
in printed and electronic course packs to be used
in the course of instruction

and/or in

virtual learning environments

hosted on a Secure
Network.

Authorised Users must specify the

source,
title and copyright owner

of the
Licensed Material used in the course packs
.

Course packs in
non
-
electronic, non
-
print
perceptible

formats
, such as Brail
le, may also be offered to Authorised Users;


4
.1.
7
.5

incorporate parts of the
Licensed Material
in printed or electronic form in assignments and
portfolios, theses and in dissertations (“the Academic Works”),
and to make

reproductions
of the Academic Work
s for personal use and library deposit
.

Reproductions

of the
Academic Works
can

be provided to sponsors of
those

Academic Works.

Authorised Users
must specify the

source,
title and copyright owner

of the Licensed Material used in the
Academic Works
;




4
.1.
7
.6

publicly display or publicly perform
parts of
the
Licensed Material

as part of a presentation
at a seminar, conference, or workshop, or other similar
event
;


4.1.7.7

save and/or
deposit

in perpetuity
parts of the Licensed Material

in
electronic repo
sitories
operated by the Institution
and/or by an Authorised User
on a Secure Network after the
applicable embargo period and/or by an Authorised User who is a named author of such
article on his/her personal website
.

If possible there should be citation information and best
efforts must be used to include a link to the on
-
line abstract in the journal in which the
article was published. Additionally, the final published version of the article may not be
used, only a n
amed author’s own format (which may include amendments made following
peer review)
;


4.1.7.8

l
oad and technically format the Licensed Material on the Institution’s and/or Authorised
User’s or a third party server that enables access to and use of the Licen
sed Material for
Text and Data Mining purposes by Authorised Users by using automated programs or
devices to continuously and automatically (i) download, extract and index information from
the Licensed Material for the purpose of enhanced navigation of the

Licensed Material and
(ii) extract semantic entities from the Licensed Material for the purpose of recognition and
classification of the relations between them and mount, load and integrate the results on a
server used for the Authorised User’s text
-
minin
g system (i.e., not in libraries, repositories
or archives) and (iii) derive patterns within the Licensed Material and (iv) evaluate and
interpret the Text and Data Min
in
g Output for access and use by Authorised Users. The
Publisher excludes any warranty
regarding the quality of the Metadata, formatting and
errors or omissions. The Licensed Material is made available “as is” and without warranty
of fitting the description of the Licensed Material in the Metadata or otherwise, any fitness
for purpose, satis
factory quality, reliability, completeness and any disclaims any implied
quality.


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4.1.
7.9

use the Licensed Material to perform and engage in
Text and Data Mining

for academic
research and other Educational Purposes
, subject to the restrictions set out in
Clause 5
below
.


4.2

This
Licence

shall be deemed to complement and extend the rights of
the

Institution

and Authorised Users
under the Copyright, Designs and Patents Act 1988 and the Copyright (Visually Impaired Persons) Act 2002
and nothing in this Licence shall constitute a waiver of any statutory rights held by
the
Institution

and
Authorised Users from t
ime to time under these Acts or any amending legislation.

5
.

RESTRICTIONS


Save as provided herein, the Institution and Authorised Users may not:

5
.1.1

sell or resell the Licensed Material unless the Publisher has given the Institution or an Authorised
User
prior
permission in writing to do so;

5
.1.2

remove, obscure or alter copyright notices, acknowledgements or other means of identification or
disclaime
rs

as they appear
;

5
.1.3

a
lter
, modify

or adapt the Licensed Material, except to the extent necessary to make it perceptible on
a computer screen, or as otherwise allowed under this Licence. For the avoidance of doubt, no
alteration of the words or their
order is allowed;




5
.1.4

display or distribute any part of the Licensed Material on any electronic network, including
, without
limitation,

the internet

and the World Wide Web, and any other distribution medium now in
existence or hereinafter created,

oth
er than by a Secure Network;


5.1.5

use all or any part of the Licensed Material for any Commercial Use or for any purpose other than
Educational Purposes;

5.1.6


systematically distribute the whole or part of the Licensed Material to anyone other than an
Authorised User;
and

5
.1.
7

provide access and/or allow use of the Licensed Material by anyone other than Authorised Users.

5
.2

Except as expressly stated in this L
icence, or otherwise permitted in writing by the Publisher, the Institution
and Authorised Users shall not:


5.2.1

perform systematic or substantive extracting, especially when performed for the purposes of creating
a product or service for use by third pa
rties;


5.2.2

utilise the TDM Output to enhance institutional or subject repositories in a way that could compete
with the value of the final peer reviewed articles in the Licensed Material, or substitute and/or
replicate any other existing Publisher prod
uct, service and/or solution;


5.2.3

make the results of any TDM Output available on an externally facing server or website;


5.2.4

allow a third party to harvest any TDM Output to an internal server;


5.2.5

extract, develop or use the Licensed Material in

any commercial activity;

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5.2.6

abridge, modify, translate or create any derivative work based on the Licensed Material, except to
the extent necessary to make it perceptible on a computer screen to Authorised Users;


5.2.7

remove, obscure or modify in an
y way any copyright notices, other notices or disclaimers as they
appear in the Licensed Material;


5.2.8

in the case of any Text and Data Mining at the Publisher’s site: use any robots, spiders, crawlers or
other automated downloading programs, algorithms

or devices to continuously and automatically
search, scrape, extract, deep link, index or disrupt the working of the Licensed Material; and/or


5.2.9

substantially reproduce, retain or redistribute the Licensed Material.

5.3

This Clause will continue to
apply after termination of this Licence for any reason.

5.4


Save as provided herein, neither the Institution nor Authorised Users may provide, by electronic means, to a
user at another library or elsewhere, a retained electronic copy of any part of the
Licensed Material.

6.

RESPONSIBILITIES OF THE INSTITUTION

6.1

The Institution will:


6.
1.1

give passwords or other access information only to Authorised Users and use all reasonable efforts
to ensure that Authorised Users do not give their passwords or
other access information to any

third
party
;

6
.1.2

provide lists of valid IP addresses to the Publisher and update those lists regularly
, the frequency of
which shall be

agreed by the parties from time to time;

6.1.3

use all reasonable efforts to ensure that onl
y Authorised Users are permitted access to the Licensed
Material;

6
.1.4

use all reasonable efforts to ensure that all Authorised Users are made aware of and undertake to
abide by the terms of this Licence; and

6
.1.5

use all reasonable efforts to monitor
compliance with the terms of this Licence and notify the
Publisher immediately

in writing

and provide full particulars on becoming aware of any of the
following:



(a) any unauthorised access to or use of the Licensed Material or unauthorised use of any of
t
he
Institution's password(s); or



(b) any breach by an Authorised User of the terms of this Licence.

As soon as the Institution is aware of any breach of the terms of this Licence, the Institution further agrees
promptly to fully investigate and initiate di
sciplinary procedures in accordance with the Institution's standard
practice and use all reasonable effort to ensure that such activity ceases and to prevent any recurrence.

6
.2

The Institution undertakes to the Publisher that the computer system through w
hich the Licensed Material
will be used is configured, and procedures are
and shall remain
in place, to prohibit access to the Licensed
Material by any person other than an Authorised User, that it shall inform the Authorised Users
in writing
about the con
ditions of use of the Licensed Material, and that
,

during the term o
f this Licence, the Institution
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shall

make best efforts to
enforce the security of the Licensed Material, to
bar non
-
permitted access and to
convey appropriate use information to its Autho
rised Users.

7.

RESPONSIBILITIES OF THE PUBLISHER

7
.1

The Publisher
agrees to provide the Institution on or before the Delivery Date with 1 complete copy of the
Licensed Material in an appropriate format agreed by the Institution and the Publisher, which s
hall be
accompanied by such instructions as the Institution will reasonably require to facilitate access to the Licensed
Material.

On receipt of the copy pursuant to this Clause
7
.1, the Institution shall notify the Publisher
in
writing
of that receipt an
d shall confirm to the Publisher whether the copy contains content of a size and
nature which appears consistent with that of the Licensed Material, provided always that such confirmation as
to the size and nature shall on no account prejudice the Institut
ion’s right to assert that the Publisher has failed
to fully comply with its obligation under this Clause 7.1

to a complete copy of the Licensed Material to the
Institution.

7
.2

Upon payment of the Access Fee, the Publisher
shall ensure access and use of t
he Licensed Material
via its
platform or a third party platform on its behalf
in accordance with the provisions as laid down in this Licence.

7.3

The Publisher shall cause product support to be provided to the
Institution

and to Authorised Users.

8
.

FEE


8
.1

The Institution will pay the
Publisher the applicable Fee(s) in accordance with the applicable JISC
Collections charging band

as set out in the Subscription Order and Acceptance Form (and subsequently in the
Order Confirmation Email (Institution) and Or
der Confirmation Email (JISC Collections)

and, subject to the
following sentence, will remain in full force and effect in perpetuity.

9
.

USAGE DATA


9
.1

The parties shall co
-
operate in gathering any data on usage of the Licensed Material that is available
to them
during the term of this
Licence
, and shall provide such data to each other upon request.

Notwithstanding the
foregoing, the parties shall neither assemble nor provide data from which an individual user could be
identified.


10
.

TERM AND TERMINATIO
N


10
.1

This
Licence

commences upon the start date as set out in the Subscription Order and Acceptance Form (and
subsequently in the Order Confirmation Email (Institution) and Order Confirmation Email (JISC Collections)

and, subject to the following senten
ce, will remain in full force and effect in perpetuity.

For the avoidance of
doubt,

the parties agree that: (1) the Institution will be irrevocably entitled to retain the Licensed Material for
which the Institution has paid the Content and Licence Fee (as

defined in Schedule 1) in perpetuity; and (2),
subject only to Clause
10
.2, the licences granted by the Publisher to the Institution in Clause 3
are
irrevocable
and will survive any termination of this
Licence
.


1
0.
2

The
licences under

this
Licence

may be
terminated
by the Publisher giving notice in writing only if



10
.2
.1

the
Institution

does not pay

the
applicable Content

and
Licence
Fee in accordance with Schedule 1

unless
the Institution

remedies the breach
within a 30 days period after receivin
g such

notice
;

and/or

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10.2.2

the Institution materially breaches any other obligation under this
Licence

and remains in such
breach after being given notice by the Publisher of such breach unless the
Institution

remedies such

breach

within a 30 days period

after receipt of such notice.


10.3

Without prejudice to
the
Institution’s irrevocable rights under
Clause
10.1, this
Licence

may be terminated by
the
Institution

giving
prior
notice in writing to the Publisher only if:


10.3.1

the Publisher has failed to

deliver the Licensed Material to

the
Institution

in accordance with Clause
7.1 unless the Publisher remedies such breach within a 30 days period after receiving written notice
of the breach;

and/or


10.3.2

the Publisher materially breaches any other oblig
ation under this
Licence

and remains in such
breach
after
being given notice by the Institution of such breach
unless the Publisher remedies such breach
within a 30 days period after receipt of such notice.


10.4

Upon termination of this
Licence

by the Ins
titution in accordance with Clause 10.3.1, the Institution will be
under no obligation to make further payments to the Publisher of the Content and Licence Fee and Access Fee
(where applicable) and the
Publisher

shall refund the Institution the Content and

Licence Fee and the Access
Fee (where applicable) received from the Institution within 30 days after the 30 days remedy period has
expired.

In the event of a material breach in accordance with Clause 10.3.2, the Institution can retain the
Licensed Materi
al and use it in accordance with Clauses 4 and 5 provided the Institution has paid the Content
and Licence Fee and the Access Fee (where applicable) as outlined in Schedule 1.


10
.5

Upon termination of this
Licence
, copies of parts of the Licensed Material made by the
Institution

or
Authorised Users may be retained.

Print
and electronic
copies may be used after termination of this
Licence

subject to the terms of Clauses
4

and
5

of this
Licence
, which terms shall
su
rvive any termination of this
Licence
.


11
.

ACKNOWLEDGEMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS


11.1

Save as provided for in Clause 11.2,
the

Institution acknowledges that all Intellectual Property Rights in the
Licensed Material are the sole and exclusive property of the Publisher or are duly licensed to the Publisher
and that this Licence does not assign or transfer to the

Institution any rig
ht, title or interest therein except for
the right to use the Licensed Material in accordance with the terms and conditions of this Licence.

11.2

The Publisher hereby acknowledges that any database rights created by the Institution or a third party on its
behalf as a result of local mounting of the Licensed Material as referred to in Clauses
3.1.1
.and
3.1
.2 shall be
the property of the Institution, to the extent that
the
Institution’s and Authorised Users’ use of the Licensed
Materials while locally loaded
complies with a
ll terms and conditions of this Licence
.


12.

REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION

12
.1

The
Institution

represents and warrants that it has sufficient authority and rights to enter into and perform its
obligations under this
Licence
.

12
.
2

The Publisher warrants to the Institution that the Licensed Material and all Intellectual Property Rights
therein are owned by or licensed to the Publisher and that the Licensed Material used as contemplated in this
Licence does not infringe
any Intellectual Property Rights of any natural or legal person. The Publisher
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agrees that the Institution shall have no liability and the Publisher will indemnify, defend and hold the
Institution harmless against any and all damages, liabilities, claims,

causes of action, legal fees and costs
incurred by the Institution in defending against any third party claim of Intellectual Property Rights
infringements or threats of claims thereof with respect of the Institution's or Authorised Users


use of the
Lice
nsed Material, provided that:


(1) the use of the Licensed Material has been in full compliance with the terms and conditions of this Licence;


(2) the Institution provides the Publisher with prompt notice of any such claim or threat of claim;


(3) the Ins
titution co
-
operates fully with the Publisher in the defence or settlement of such claim; and


(4) the Publisher has sole and complete control over the defence or settlement of such claim.

12
.
3


The Publisher reserves the right to change the content (inclu
ding removal of an entire journal on ceasing to
have the right to publish), presentation, user facilities or availability of parts of the Licensed Material and to
make changes in any software used to make the Licensed Material available at
its

sole discret
ion. The
Publisher will notify the Institution of any substantial change to the Licensed Material.

12
.
4

While the Publisher is not

aware of
any
specific
inaccuracies or defects in the information contained in the
Licensed Material, the Publisher makes no
representation and gives no warranty express or implied with
regard to the information contained in or any part of the Licensed Material including (without limitation) the
fitness of such information or part for any purposes whatsoever and the Publisher ac
cepts no liability for loss
suffered or incurred by the Institution or Authorised Users as a result of their reliance on the Licensed
Material

or for any loss suffered or incurred as a result of pages being omitted from the Licensed Material in
error provi
ded the Publisher will rectify such omissions as soon as reasonably practical on being made aware
of them
.

12
.
5

In no circumstances will the Publisher be liable to the Institution for any loss resulting from a cause over
which the Publisher does not have
direct control, including but not limited to failure of electronic or
mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised
access, theft, or operator errors.

12
.
6

The Institution agrees to notify the Publisher

in writing
immediately, provide full particulars in the event that
it becomes aware of any actual
, suspected

or threatened claims by any third party in connection with any
works contained in the Licensed Material and do all things reasonably required to a
ssist the Publisher in such
claims. It is expressly agreed that upon such notification, or if the Publisher becomes aware of such a claim
from other sources, the Publisher may remove such work(s) from the Licensed Material.

Failure to report
knowledge of

any actual or threatened claim by any third party shall be deemed a material breach of this
Licence.

At the request of the Publisher, the Institution will make all reasonable efforts to remove such
work(s) from any copies of the Licensed Material maintai
ned by the Institution.

12
.
7

Nothing in this Licence shall make the Institution liable for breach of the terms of this Licence by any
Authorised User provided that the Institution did not cause, knowingly assist or condone the continuation of
such breach a
fter becoming aware of an actual breach having occurred.

1
2
.
8

Except as provided for in Clause 1
2
.1, neither the Institution nor the Publisher will be liable to the other in
contract or negligence or otherwise for:


(i) any special, indirect, incidental, p
unitive or consequential damages;

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(ii) loss of direct or indirect profits, business, contracts, revenue or anticipated savings; or


(iii) for any increased costs or expenses.

1
2
.
9

No party limits its liability for:


(i) death or personal injury to the ext
ent it results from its negligence, or of its employees or agents in the
course of their engagement; and


(ii) its own fraud or that of its employees or agents in the course of their engagement.

12.10

The Institution represents to the Publisher that its co
mputer system through which the Licensed Material will
be used is configured, and procedures are in place, to prohibit access to the Licensed Material by any person
other than an Authorised User; that it shall inform Authorised Users about the conditions o
f use of the
Licensed Material; and that during the term of this Licence, the Institution shall continue to make all
reasonable efforts to bar non
-
permitted access and to convey appropriate use information to its Authorised
Users.

13.

FORCE MAJEURE

13.1

Either party’s failure to perform any term or condition of this Licence as a result of circumstances beyond the
reasonable control of the relevant party (including without limitation, war, strikes, flood, governmental
restrictions, and power, telecommunica
tions or Internet failures or damages to or destruction of any network
facilities) ["Force Majeure"] shall not be deemed to be, or to give rise to, a breach of this Licence.

13
.2

If either party to this Licence is prevented or delayed in the performance of

any of its obligations under this
Licence by Force Majeure and if such party gives written notice thereof to the other party specifying the
matters constituting Force Majeure together with such evidence as it reasonably can give and specifying the
period
for which it is estimated that such prevention or delay will continue, then the party in question shall be
excused the performance or the punctual performance as the case may be as from the date of such notice for
so long as such cause of prevention or del
ay shall continue.

14
.

ASSIGNMENT

14
.1

N
either this Licence nor any of the rights and obligations under it may be assigned
or sub
-
licensed
by either
party without obtaining the prior written consent of the other party, such consent shall not unreasonably be
withheld or delayed.

In any permitted assignment, the assignor shall procure and ensure that the assignee
shall assume all rights and ob
ligations of the assignor under this Licence and agrees to be bound to all the
terms of this Licence.



15
.

GOVERNING LAW AND DISPUTE RESOLUTION

15
.1

This Licence shall be governed by and construed in accordance with English law and the parties irrevocably

agree that any dispute arising out of or in connection with this Licence will be subject to and within the
jurisdiction of the English courts.

15
.2

The parties agree to use best efforts to resolve disputes in an informal manner, by decision of the Managin
g
Director of the Publisher and the
Vice Chancellor

of the Institution. Where the parties agree that a dispute
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arising out of or in connection with this Licence would best be resolved by the decision of an expert, they will
agree upon the nature of the ex
pert required and together appoint a suitable expert by agreement.

15
.3

Any person to whom a reference is made under Clause
15
.2 shall act as expert and not as an arbitrator and his
decision (which shall be given by him in writing and shall state the reaso
ns for his decision) shall be final and
binding on the parties except in the case of manifest error or fraud.

15
.4

Each party shall provide the expert with such information and documentation as he may reasonably require
for the purposes of his decision.

15
.5

The costs of the expert shall be borne by the parties in such proportions as the expert may determine to be fair
and reasonable in all circumstances or, if no determination is made by the expert, by the parties in equal
proportions.

16
.

NOTICES

16
.1

All

notices required to be given under this Licence shall be given in writing in English and sent by courier or
special delivery to the relevant addressee at its address set out below or to such other address as may be
notified by either party to the other fr
om time to time under this Licence, and all such notices shall be deemed
to have been received three (3) days after
the date of
posting
in the case of

special delivery or despatch in the
case of courier
:


if to the

Institution:

[as stated in the
Subscription Order and Acceptance
form]



if to the Publisher





Senior
Group Legal Adviser








IOP Publishing Limited








Temple Circus








Temple
Way








Bristol








BS1 6
HG




17.

PROVISION OF DATA FOR TEXT AND DATA MINING

17.1

Where the Institution or Authorised Users wish to use any metadata for Text and Data Mining (the
“Metadata”), they shall make a request in writing to the Publisher. If the
M
etadata is provided for local
loading, then the Institution and Authorised Users
:

17.1.1

shall provide security protection for the secure information system (“the Network”) used to access
the Metadata and to restrict access to the Institution and Authorised Users
;

17.1.2

warrant that they shall ensure the integrity of the Metadata and t
he security of the Network

at all
times
; and

17.1.3

shall co
-
operate with the Publisher in the implementa
tion of security and control

protocols and
procedures as they are developed during the term of this Licence.

17.2

The Metadata shall have no functional
ity other than functionality which is inherent in the files and data
themselves. Such files may be loaded into the Institution and Authorised Users’ system
.

The Publisher is
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granting permission to the Institution and Authorised Users to store these files

only for Text and Data Mining
as provided herein and for no other purpose.

17.3

The Institution acknowledges that IOP will not conduct any quality checking of the Metadata above and
beyond that which normally occurs as part of the production process of th
e Licensed Material. Consequently
IOP accepts no responsibility for the accuracy or completeness of the Metadata being delivered pursuant to
this Agreement and makes no representation or warranty thereto.

17.4

The Institution shall conduct such acceptance

testing of the Metadata as it deems appropriate within 30 days
of its receipt. In the event that the Metadata is damaged, IOP will make the Metadata available again. After
30 days, the Metadata shall be deemed accepted if IOP has not been notified in wr
iting to the contrary.


18
.

GENERAL


18
.1

This Licence, Schedules and Annexes constitute the entire agreement between the parties relating to the
Licensed Material and supersede all prior communications, understandings and agreements (whether written
or
oral) relating to its subject matter and may not be amended or modified except by agreement of both
parties in writing.

18
.2

The Schedules and Annexes shall have the same force and effect as if expressly set in the body of this
Licence and any reference to

this Licence shall include the Schedules and Annexes.

18
.3

The invalidity or unenforceability of any provision of this Licence shall not affect the continuation in force of
the remainder of this Licence.

18
.4

The rights of the parties arising under this L
icence shall not be waived except in writing. Any waiver of a
party's rights under this Licence or of any breach of this Licence by the other party shall not be construed as a
waiver of any other rights or of any other or further breach. Failure by eithe
r party to exercise or enforce any
rights conferred upon it by this Licence shall not be deemed to be a waiver of any such rights or operate so as
to bar the exercise or enforcement thereof at any subsequent time or times.


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ANNEX 1: OFFER


Content and Licence fee



Please note that institutions will be allowed to split the cost over 2 years if required
. The
Institution shall pay the Publisher the above fee for the purchase of the Licensed Material, the
supply of the Licensed Material and the rights granted under thi
s Licence.



JISC Band

Price (£)

A

4250

B

3700

C

2900

D

2200

E

1900

F

1500

G

1000

H

500

I

500

J

500


Access fees


T
he Access Fee shall be
a

peppercorn payable when demanded by the Publisher


All prices are exclusive of VAT.



Each applicable fee shall be due and payable 45 days after receipt of a suitable invoice for
such fee from the Publisher.


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ANNEX 2: SUBSCRIPTION ORDER AND ACCEPTANCE FORM


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ANNEX 3: LICENSED MATERIAL



Journal Title

ISSN

Year of first electronic
back
-
file

Bioinspiration & Biomimetics

1748
-
3182

2006

Biomedical Materials

1748
-
6041

2006

Chinese Journal of Astronomy and
Astrophysics

1009
-
9271

2005

Chinese Physics B

Formerly Chinese Physics

1674
-
1056

1009
-
1963

2008

2001

Chinese Physics Letters

0256
-
307X

1999

Classical and Quantum Gravity

0264
-
9381

1999

Communications in Th
eoretical Physics

0253
-
6102

2005

Distributed Systems Engineering (1993/94


1999)

0967
-
1846

1999

Environmental Research Letters

1748
-
9326

2006

European Journal of Physics

0143
-
0807

1999

Europhysics Letters

0295
-
5075

1986

Fluid Dynamics Research

0169
-
5983

1999

Inverse Problems

0266
-
5611

1999

Journal of Cosmology and Astroparticle
Physics

1475
-
7516

2003

Journal of Geophysics and Engineering

1742
-

2132

2004

Journal of
High Energy Physics

1029
-
8479

1999

Journal of Instrumentation

1478
-
0221

2006

Journal of Micromechanics and
Microengineering

0960
-
1317

1999

Journal of Neural Engineering

1741
-

2560

2004

Journal of Optics A: Pure and Applied
Optics


1464
-
4258



1999



Journal of Physics A: Mathematical and
General (1975


2006) (Now known as
Journal of Physics A:

Mathematical and
Theoretical.


0305
-
4470

1999

Journal of Physics B: Atomic, Molecular
and Optical Physics

Merged (2005) with Journal of Optics B:
Quantum &
Semiclassical Optics (1999
-

2005)

0953
-
4075



1464
-
4266


1999



1999


Journal of Physics: Condensed Matter

0953
-
8984

1999

Journal of Physics: Conference Series

1742
-
6588

2004

Journal of Physics D: Applied Physics

0022
-
3727

1999

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Journal of Physics G:
Nuclear and Particle
Physics

0954
-
3899

1999

Journal of Radiological Protection

0952
-
4746

1999

Journal of Statistical Mechanics: Theory and
Experiment

1742
-
5468

2004

Measurement Science and Technology

0957
-
0233

1999

Metrologia

0026
-
1394

1999

Modelling
and Simulation in Materials
Science and Engineering

0965
-
0393

1999

Nanotechnology

0957
-
4484

1999

New Journal of Physics

1367
-
2630

1999

Nonlinearity

0951
-
7715

1999

Nuclear Fusion

0029
-
5515

1999

Physica Scripta

0031
-
8949

1999

Physical Biology

1478
-

3967

2004

Physics Education

0031
-
9120

1999

Physics in Medicine & Biology

0031
-
9155

1999

Physiological Measurement

0967
-
3334

1999

Plasma Physics and Controlled Fusion

0741
-
3335

1999

Plasma Science and Technology

1009
-
0630

1999

Plasma Sources Science
and Technology

0963
-
0252

1999

Reports on Progress in Physics

0034
-
4885

1999

Science and Technology of Advanced
Materials

1468
-
6996

2000

Semiconductor Science and Technology

0268
-
1242

1999

Smart Materials and Structures

0964
-
1726

1999

Superconductor
Science and Technology

0953
-
2048

1999





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SCHEDULE 4: INDUSTRY STANDARDS


1.

In order that the Subscribing Institutions can assess the use and therefore value of the Licensed Material the
Publisher will:




Provide the Subscribing Institutions with fully COUNTER
-
compliant usage statistics every three
months (www.project counter.org)



Implement the Standardized Usage Statistics Harvesting Initiative (SUSHI) protocol
(
http://www.niso.org/workrooms/sushi
).

2.

In order to ensure that the Licensed Material is archived and preserved for future scholarship, the Publisher
will:



Archive the Licensed Material in at least one of the following archiving solutions Portico,
Clockss or
Lockss and inform the Subscribing Institutions in which of the archiving solutions the Licensed
Material may be found.

Portico and CLOCKSS are supported.

3.

In order to ensure that the Licensed Material is accessible to all the Authorised Users of
the Subscribing
Institution, the Publisher will:




Use reasonable efforts to meet the W3C standards (
www.w3.org/WAI/Resources/#in
)


4.

In order to ensure that Authorised Users can discover and find the L
icensed Material, the Publishers will:
Use reasonable efforts to meet the Open URL Standard
(
www.niso.org/kst/reports/standards?step=
2&gid=&project_key=d5320409c5160be4697dc046613f71b9a77
3cd9e
).


5.

In order to ensure that journal content remains easily accessible by the Subscribing Institution and
Authorised Users when there is a transfer of material between parties, and to ensure that th
e transfer process
occurs with minimum disruption, the Publisher will use reasonable efforts to keep to the Code of Practice of
Project Transfer (www.projecttransfer.org) and include the KBART 5.3.2.1: data fields and labels detailed
below as columns in th
e tab separated metadata file. All fields should be considered to be mandatory if they
exist, and reasonable effort should be made to gather the data, even if it must be obtained from another area
of the business or even from an external source.


publication_title

Publication title

print_identifier

Print
-
format identifier (ie ISSN.
ISBN etc)

online_identifier

Online
-
format identifier (ie eISSN. eISBN etc)

date_first_issue_online

Date of first issue available online

num_first_vol_online

Number o
f first volume available online

num_first_issue_online

Number of first issue available online

date_last_issue_online

Date of last issue available online (or blank, if coverage is to present)

num_last_vol_online

Number of last volume available online (or

blank, if coverage is to present)

num_last_issue_online

Number of last issue available online (or blank, if coverage is to present)

title_url

Title
-
level URL

first_author

First author (for monographs)

title_id

Title ID

embargo_info

Embargo
information

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coverage_depth

Coverage depth (eg abstracts or full text)

coverage_notes

Coverage notes

publisher_name

Publisher name (if not given in teh file's title)



6.

Because an estimated 40% of full text usage on publisher sites is driven by library databases (including
Google Scholar and Next Generation Discovery Tools). A major part of this access flows through
OpenURL link resolvers that rely on detailed knowledge
base title data provided by the Publisher. In order
to ensure accurate, up to date representation of the Licensed Material and to ensure Authorised Users have
ease of access the Publisher will:



Use reasonable efforts to give the link
-
resolver vendors and
A
-
Z vendors the following information
about each title in the Licensed Material on a monthly basis.



Title



ISSN or eISSN



Previous title, if appropriate



Previous ISSN or eISSN, if appropriate



First volume and issue made available as part of the offer or, if
volume and issue are not
available, first year, final volume and issue or year and URL. (You can get information on the
names of the link resolver companies from JISC Collections.)




Provide the link
-
resolver vendors with the algorithm or syntax for constr
ucting an article
-
level link
from an article’s metadata within the Licensed Material.