Terms and conditions

 

Inderscience Publishers standard terms and conditions

 

  1. Inderscience Enterprises Ltd, trading as Inderscience Publishers, of World Trade Center Building, 29 Route de Pre-Bois, Case Postale 856, CR1215 Genève 15, Switzerland ('the Publisher') grants to you ('the Licensee') the non-exclusive and non-transferable right to give Authorised Users online access to the Inderscience journals to which the Licensee has subscribed or individual papers which the Licensee has purchased ('Licensed Materials') for the purposes of research, teaching and private study. Any permissions required but not covered below should be requested from copyright@inderscience.com.

  2. In this Licence, the following terms shall have the following meanings:
    • Authorised Users are current members of the faculty, staff, consultants and contractors, and registered students of the Licensee, authenticated by the Licensee and permitted to access the Secure Network from within the Licensee's library or remotely from other places, and other persons permitted to use the Licensee's library services and access the Secure Network but only from designated computer terminals within the physical premises of the library.
    • Commercial Use is use for monetary reward (other than recovery of direct costs incurred by the Licensee) by means of sale, loan, transfer, hire or other form of exploitation of the Licensed Materials.
    • Course Packs: A collection or compilation of materials assembled by Authorised Users for use by students in a class for the purposes of instruction.
    • Electronic Reserve: Electronic copies of materials made and stored on the Secure Network by the Licensee for use by students in connection with specific courses of instruction offered to its students.
    • Secure Network: A network which is only accessible to Authorised Users whose identity is authenticated at the time of log-in and whose conduct is subject to regulation by the Licensee.

  3. The Licensee may:
    • allow Authorised Users to have access to the Licensed Materials via the Secure Network;
    • provide Authorised Users with access to and from an integrated author, article title, abstract and keyword index to the Licensed Material;
    • provide single printed or electronic copies of single articles or items at the request of individual Authorised Users;
    • display, download or print the Licensed Materials for internal information, marketing, testing and training purposes;
    • incorporate articles or items of the Licensed Materials in printed Course Packs and Electronic Reserve (including course packs in non-electronic non-print perceptible form, such as audio or Braille, to Authorised Users who are visually impaired), provided that each such item shall carry appropriate acknowledgement, listing title and author of the extract and the work, and the publisher. Copies of such items shall be deleted when no longer used for such purpose;
    • supply to another library (whether by post or fax or secure transmission by Ariel), for the purposes of research or private study only, a single paper copy of an electronic original of an individual article or extract being part of the Licensed Materials.

  4. Authorised Users may:
    • search, view, retrieve and display the Licensed Materials;
    • electronically save search results, individual articles or extracts of the Licensed Materials for personal use;
    • print off search results or single copies of individual articles or extracts of the Licensed Materials;
    • distribute single copies of individual articles or extracts of the Licensed Materials in print or electronic form to other Authorised Users.

  5. Neither the Licensee nor any Authorised User may, without the Publisher's prior written consent:
    • 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;
    • mount or distribute any part of the Licensed Material on any electronic network whatever other than the Secure Network;
    • use, print, resell or republish all or any part of the Licensed Materials for any Commercial Use;
    • systematically or programmatically distribute all or any part of the Licensed Materials to anyone other than Authorised Users;
    • publish, distribute or make available the Licensed Materials, works based on them or works which combine them with any other material, other than as permitted in this Licence;
    • alter, abridge, adapt or modify the Licensed Materials, except to the extent necessary to make them perceptible on a computer screen to Authorised Users. No alteration of the words or their order is permitted.

  6. THE PUBLISHER WARRANTS THAT THE LICENSED MATERIALS DO NOT INFRINGE THE COPYRIGHT OR ANY OTHER PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. THE PUBLISHER SHALL INDEMNIFY AND HOLD THE LICENSEE HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, COSTS, LIABILITY AND EXPENSES (INCLUDING REASONABLE LEGAL AND PROFESSIONAL FEES) ARISING OUT OF ANY LEGAL ACTION TAKEN AGAINST THE LICENSEE CLAIMING INFRINGEMENT OF SUCH RIGHTS. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THIS LICENCE FOR ANY REASON. THIS INDEMNITY SHALL NOT APPLY IF THE LICENSEE HAS AMENDED THE LICENSED MATERIALS IN ANY WAY NOT PERMITTED BY THIS LICENCE. THE PUBLISHER OTHERWISE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF DESIGN, ACCURACY, MERCHANTABILITY OR FITNESS OF USE FOR A PARTICULAR PURPOSE. THE LICENSED MATERIALS ARE SUPPLIED 'AS IS'.

  7. The Publisher reserves the right upon written notice to the Licensee 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 on reasonable grounds it believes infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.

  8. UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE TO THE LICENSEE, OR ANY AUTHORISED USER OR ANY OTHER PERSON, FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INABILITY TO USE, OR THE USE OF, THE LICENSED MATERIALS. THE PUBLISHER'S AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OF THIS LICENCE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAID BY THE LICENSEE UNDER THIS LICENCE 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 OTHER REMEDIES. THE LICENSEE MAY BRING NO ACTION ARISING FROM THIS LICENCE MORE THAN 6 MONTHS AFTER THE CAUSE OF ACTION ARISES.

  9. The Licensee shall:
    • ensure that only Authorised Users are permitted access to the Licensed Materials, and that Authorised Users are made aware of the importance of respecting the intellectual property rights in the Licensed Materials and undertake to abide by the terms and conditions of this Licence;
    • inform the Publisher immediately upon becoming aware of any unauthorised use or other breach, and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence.

  10. SUBJECT TO APPLICABLE LAW, THE 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 ANY USE OF THE LICENSED MATERIALS BY THE LICENSEE OR AUTHORISED USERS OR ANY FAILURE BY THE LICENSEE TO PERFORM ITS OBLIGATIONS HEREUNDER. NOTHING IN THIS LICENCE SHALL MAKE THE LICENSEE LIABLE FOR BREACH OF THE TERMS OF THE LICENCE BY ANY AUTHORISED USER PROVIDED THAT THE LICENSEE DID NOT CAUSE, KNOWINGLY ASSIST OR CONDONE THE CONTINUATION OF SUCH BREACH AFTER BECOMING AWARE OF AN ACTUAL BREACH HAVING OCCURRED.

  11. On termination of this Licence upon the expiry of the subscription period paid for by the Licensee (unless renewed) the Publisher shall provide continuing access for Authorised Users to that part of the Licensed Material which was published within the subscription period paid for by the Licensee, either from the Server, or by supplying electronic files to the Licensee.

     

    This Licence shall be terminated if either party commits a material or persistent breach of any term of this Licence and fails to remedy the breach (if capable of remedy) within 30 days of notification in writing by the other party; where such termination is due to breach of this Licence by the Licensee, the Publisher shall be under no obligation to provide continuing access to Licensed Materials described above.

     

    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.


  12. Any notices to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post to the address of the addressee as set out in this Licence or to such other address as notified by either party to the other as its address for service of notices, and shall be deemed to have been received within 14 days of posting.

  13. Neither party's delay or failure to perform any provision of this Licence, as a result of circumstances beyond its control (including, without limitation, war, strikes, floods, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall be deemed to be, or to give rise to, a breach of this Licence.

  14. This Licence shall be governed by and construed in accordance with laws of Switzerland, 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 Swiss courts.