The following describes the terms of the site license under which the American Society of Limnology and Oceanography (hereafter "ASLO") grants online access to its publications to institutional subscribers (hereafter designated as "Institution"). In the following, "Journal" will be used to indicate any one of the ASLO publications for which site licensing is offered.
A downloadable (PDF) version of the site license is available here. New subscribers must submit a signed and dated copy of the ASLO site license agreement to:
ASLO Business Office
5400 Bosque Boulevard, Suite 680
Waco, Texas 76710-4446
ASLO grants the Institution a non-transferable license for access during the period for which a subscription to the Journal has been paid, to the complete collection of material in the Journal published during the subscription period, including but not limited to tables of contents, abstracts, and full texts of articles.
This license is subject to: (1) the terms and conditions of this Agreement, (2) the completion by the Institution of a registration form for the Journal, providing information related to the Institution's computer network, and (3) the payment of subscription fees as established by ASLO. This license grants access to the Journal for only the period for which the fee has been paid. An authorized signature on this Agreement indicates that the Institution has accepted the terms of this Agreement.
2. Scope of Access
Access will be granted to a range or ranges of network addresses (hereafter "IP address") representing a single campus or institutional site, as specified on the registration form. Access is granted to the faculty, staff, students, alumni, library patrons and other authorized users of the Institution, provided that they access the Journal from an authorized IP address. Distance learners, alumni, and other off-campus affiliates may access the Journal if their Internet access is through the campus network or via a secure proxy server that falls within the authorized IP address range. There are no limits on the number of users from the Institution that may use the Journal at any one time. The Institution is responsible for undertaking reasonable measures to prevent access by unauthorized persons to its authorized IP addresses, and is responsible for terminating any unauthorized access of which it has actual notice or knowledge.
This agreement does NOT permit use of the Journal on more than one campus, including multiple campuses that are members of an institutional system, or sharing of this resource among a regional consortium. If ASLO at any time determines that the range of IP addresses claimed by the Institution represents more than one campus, it may terminate this Agreement immediately by notice to the Institution, pursuant to Paragraph 6 below.
In some cases and solely at ASLO's discretion, access may be granted to facilities that are physically separated from the main campus of an Institution, but are administratively part of the Institution. An example would be a field station that does not have a separate library or network administration and is associated with a department of the main campus. Such cases will be determined individually. Granting such access in any one instance in no way obligates ASLO to grant access in any other instance.
3. Inappropriate Use of the Journal
The Institution will not be held responsible for unauthorized use of the Journal provided (i) such use is without the express or implied consent of the Institution; (ii) the Institution promptly notifies ASLO of any such use of which it becomes aware; and (iii) the Institution takes all reasonable steps to terminate such activity promptly. The Institution agrees to cooperate with ASLO in any investigation of such infringements or unauthorized uses. ASLO shall have the sole right, at its expense, to bring any action on account of such infringements or unauthorized uses, provided that ASLO will not bring an action against any authorized user without first consulting the Institution. Repeated usage violation at the Institution will be deemed a material breach of this Agreement and grounds for termination of the Institution's right to access the Journal.
4. Inter-library Loan
Institutions may use printed or electronic copies of articles in the Journal for the purpose of inter-library loans. Copies must be made in compliance with Section 108 of the Copyright Act of the U.S. and with guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines). The text of these guidelines is available as part of U.S. Copyright Office Circular 21.
ASLO does not warrant that the Journal will be accessible in any particular hardware/software environment. ASLO does not warrant the accuracy or completeness of any information contained in the Journal, or its merchantability or fitness for a particular purpose. ASLO will have no liability to any person for any loss or damage arising out of use of, or inability to use, the Journal. ASLO will make all reasonable efforts to make its server available to the Institution on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring access to the server as soon as practicable.
ASLO may terminate this Agreement for substantial or material breach by providing the Institution with written notice in paper or electronic form. No refund will be provided upon such termination. In addition, ASLO may terminate this Agreement at the end of any subscription period. It is understood and agreed that ASLO may find it necessary, from time to time, to change the specific terms of its site license agreement. Any such change will be effective immediately upon sending of paper or electronic notice to the Institution but will not be retroactive.
7. Conditions Governing the Agreement
If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, that will in no way invalidate any other provision hereof, provided that in such event either party may terminate this Agreement by paper or electronic notice without any refund to the Institution. This Agreement constitutes the entire agreement of the parties with respect to the Journal and may be amended only by a written instrument created for that purpose and signed by both parties.
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