for the Internet Edition of
Applied Rheology
Institutions may prefer to fill and send a completed copy of this agreement to the publisher, Applied Rheology, Universitaetsstr. 2, CH-8092 Zurich, Switzerland, fax +41 44 6321076
Purpose: Applied Rheology wishes to make the Internet edition of its journal, Applied Rheology, available on liberal terms for teaching, research and study to institutions that subscribe to the print edition of the journal and to their members. The agreement sets out the conditions under which you may legally access the Internet version of the journal.
Note: individual subscribers may not themselves subscribe to the Internet edition of the journal. But individual subscribers may use it if they are members of subscribing institutions that pay the Internet supplement, and
1- have been provided a password by the subscribing institution, or
2- access the journal from an IP address registered with Licensor.
License: Applied Rheology ("Licensor") hereby grants to the subscribing institution a non-exclusive license for access to and use of the Internet edition of the journal Applied Rheology, including all issues in its Internet database during the period for which an institutional subscription and Internet supplement has been paid in full. The data base will include tables of contents, abstracts, and full texts with their tables and illustrations. Licensee may provide the Internet edition of the journal to authorized users as defined and permitted by the terms of this agreement.
Copyright: Applied Rheology is copyrighted by its publisher, Kerscheinsteiner Publisher, Regensburg, Germany, Copyrights in and to the various articles published in the journal are held by their respective authors. Owners have agreed to allow their articles to be transmitted by Internet according to the terms of this agreement.
Authorized users: Current employees, consultants and other users of the Licencee's computing/library systems, current faculty (permanent, emeriti and visiting) and current students of the Licensee, or persons who are physically present in the Licensee's facilities are all authorized users. There are no limits on the number of authorized users that may simultaneously use the journal. For the avoidance of doubt, authorized users may be located in different locations.
The Licensee must be a single campus community and network, including lodgings and residences of students, staff and faculty, or else a single contiguous commercial office complex. Multi-campus, multi-office or licensing to consortia is not included in this license (contact the publisher if you wish to negotiate such a license). If the publisher at any time determines at its sole discretion that the range of IP addresses claimed by the Licensee includes more than a single campus or office complex, it may terminate this license, and Licencee's Internet access, without notice. The Internet supplement will not be refunded, and all licenses and other rights and privileges related to the Internet edition of the journal will cease.
Authorized & unauthorized uses: Authorized users have the right and license to access, retrieve, display and make copies from the Internet edition of the journal solely for study, research and educational use in accordance with the terms of this agreement. Copying will be limited to making single copies of a reasonable number of articles (except in regard to coursepacks and reserve collections, where more than one copy is allowed). Licensee shall not permit anyone other than authorized users to use the journal, or display or otherwise make available the journal to anyone other than authorized users. Removal of copyright notices is prohibited.
Commercial reuse without permission of the Licensor is prohibited.
The Licensee may include copies (print or electronic) of items from the online database in: a) coursepacks in print or digital form for distribution to the authorized users for use in classroom instruction; b) in reserves or offprints collections set up by the Licensee's libraries for access by authorized users in connection with specific courses offered by the institutions. Copies of items in digital form which are included in online coursepacks; reserves or offprints collections must be deleted by the Licensee's libraries at the end of the terms in which the related course concludes.
Licensee may make interlibrary loans of articles from the Internet edition of the journal solely by way of paper copies, subject to the limitation imposed on interlibrary loans of paper copies. If Licensee is found to be abusing this privilege for the purposes of document delivery services, they will be in breach of the terms and conditions of this license.
Systematic use or copying of all or part of the Internet edition of Applied Rheology for the purpose of loan, resale, rental, or gift to any third party is strictly forbidden.
Licensee and its authorized users may not modify, adapt, transform, translate or create any derivative work based on any of the articles in the Internet edition of Applied Rheology in a manner that would infringe any copyrights. No copyright notices in Applied Rheology may be removed, obscured or modified in any way.
The Licensee may not alter, decompile or disassemble software used by Applied Rheology and its software providers.
Period of agreement: This license is valid during each calendar year for which the Licensee maintains a paid-up subscription to the print edition of the journal with Internet edition supplement. On termination of this License, other than for cause, the Publisher shall provide continuing access for Authorized Users to that part of the Licensed Material that was newly published within the Subscription Period.
Availability & technical matters: The publisher will make all reasonable efforts to make the Internet edition of Applied Rheology available 24 hours a day, excluding normal network administration and system down time. The publisher will make all reasonable efforts to assure that its Internet service provider performs at least as well as similar providers offering similar services to similar users. However, the publisher shall have no liability should access be suspended or interrupted.
The publisher does not warrant that the journal will be accessible in any particular hardware or software environment. At its own cost, Licensee will obtain all telecommunications and other equipment and software (together with all relevant software licenses) necessary to access the journal from the Licensee's site. This includes but is not limited to an Internet browser and a Portable Document File (PDF) reader.
Licensee will supply the publisher a list of valid IP addresses for authorized users. Licensee will inform publisher within 30 days of any change in its IP addresses.
Notice of changes: No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Applied Rheology and Licensee.
Warranty: The publisher distributes the Internet edition of Applied Rheology as a service without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose.
Notice of infringement by third parties: The Licensee shall notify Applied Rheology of any actual, threatened or suspected infringement of the copyright or other intellectual property rights in any part of the journal or its contents and any third party claim that the journal or its contents infringes the intellectual property of any other person or party. The Licensee shall give Applied Rheology reasonable assistance in taking or defending proceedings relating to any such infringement.
Notice of breach & termination: If either party breaches any term of this agreement, the other may send written notice of the breach including a description of all unacceptable actions. If the breach is not corrected within 30 days, the non-breaching party may terminate the agreement upon written notice. License fees will be refunded on a pro-rated basis for any payments greater than 90 days. Upon termination of this license, all privileges related to the Internet edition of the journal will cease.
Assignment & transfer: Neither party may assign or transfer, directly or indirectly, all or part of its rights or obligations under this agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
Self-containment & partial invalidation: This agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
All notices given pursuant to this agreement shall be in writing and may be delivered by hand or by overnight carrier, or shall be deemed received within five (5) business days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies must be sent as specified above. Either party may from time to time change its Notice Address by written notice to the other party.
If any provision of this agreement is determined to be invalid by a court of competent jurisdiction, that will not invalidate any of its other provisions. Nevertheless, in the event of such partial invalidation, either the publisher or the Licensee may then end this agreement forthwith by written notice, but without any refund to the Licensee.
Resolution of disputes: All claims, disputes and causes of action arising from or related to this Agreement shall be subject to binding arbitration to occur in either Regensdorf, Germany or Zurich, Switzerland. Arbitration shall be by single arbitrator either agreed upon by each of the parties, or by each party appointing a representative who shall meet with the other party's representative and those two parties shall appoint the arbitrator. The parties shall have a reasonable opportunity for discovery. The prevailing party shall be awarded its attorneys fees, costs and costs of expert witnesses.
THIS LICENSE AGREEMENT is entered into by and between Applied Rheology, and the Licensee specified below as of the Agreement Date.
Licensee Name: ______________________________________________________
Agreement Date: _____________________________________________________
Licensee Notice Address:
Attn: ______________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
Telephone: __________________________________________
Facsimile: __________________________________________
E-Mail: _____________________________________________
Licensee Primary Contact: (if different from Notice Contact)
Attn: ______________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
Telephone: _________________________________________
Facsimile: __________________________________________
E-Mail: ____________________________________________
Licensee Technical Contact: (contact responsible for providing IP information for access)
Attn: ______________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
Telephone: _________________________________________
Facsimile: __________________________________________
E-Mail: ____________________________________________
Applied Rheology Notice Address:
Attn: Peter Fischer
APPLIED RHEOLOGY EDITORIAL OFFICE
Universitaetsstr. 2
CH-8092 Zurich, Switzerland
E-mail: editors@appliedrheology.org
Fax: +41 44 6321076
Other Licensee Information
IP Addresses or domain ranges for computers on your campus: (Note: If IP information is not available upon completing this agreement, Applied Rheologywill contact the Technical Contact listed above to obtain the information and initiate access.)
IP Address(es)
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
Are you currently using a proxy server to provide access to restricted resources? Yes_______ No _______
Do you have plans to do so in the future? Yes_______ No _______
Do you provide to users any other means of access to restricted
resources from
machines outside of your campus IP domain?
Yes_______ No _______
SIGNATURES:
LICENSEE BY:______________________________________ NAME
__________________________________________________ TITLE
Applied Rheology
BY:___________________________________________ NAME
______________________________________________ TITLE: