terms and conditions of use for institutional subscribers

1. Definitions

These terms and conditions apply to access by institutional subscribers (the `Institution') to electronic editions of journals (the `Journal') co-published by Wiley and the International Union of Crystallography (the `IUCr') and hosted on Crystallography Journals Online (https://journals.iucr.org). `Article' describes any discrete work contained in the Journal, including any editorial, book review or letter. `Authorized Users' are defined as faculty (permanent or visiting), students and staff of the Institution and on-site users of the Institution's library and on-site computer network (including `walk-in users' not affiliated with the Institution, who are physically present at the Institution's site(s)).

2. Access

From the time the IUCr makes available on its website an online edition of a Journal, the Institution may access, during the period for which the subscription has been paid, the database of Journal material during that period, including tables of contents, abstracts, and full texts of issues published during the subscription period. Additional material will be made available at the option of the IUCr and other owners of copyrighted works.

The access permitted to the Institution cannot be transferred, sold or rented to another party in whole or in part.

3. Copyright

Copyright ownership of the Journal is indicated in the preliminary matter in the printed edition of the Journal and on each Journal's webpage within the IUCr's website. Copyright notices must not be removed, obscured or modified in any way. The relevant copyright notice must be displayed on all copies made from the subscription.

4. Scope of access

Access is permitted from the Internet domain (range, or ranges, of IP addresses) of the Institution as specified on the registration form. This will allow an Authorized User from an authorized IP address to have access to the Journal. Users not at an authorized IP address will not have access to the Journal. There are no limits on the number of Authorized Users from the Institution that may use the Journal at any one time. Access is permitted solely to Authorized Users.

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.

5. Password access

On special request, the IUCr may grant the Institution password access to the Journal. Where password access is granted, the Institution is responsible for undertaking reasonable measures to prevent access by unauthorized persons to the username and password given to them for accessing the Journal, and is responsible for notifying the IUCr of any unauthorized access to the Journal using this username and password of which they have actual notice or knowledge. If the IUCr is given such notification then the IUCr will supply a new password to the Institution.

If the IUCr believes that the Institution's username and password are no longer secure or are being used by unauthorized persons, then the IUCr may terminate the Institution's password access to the Journal.

6. Multisite and consortium access

Use of the Journal by an institution on a single geographical site is permitted. Access from multiple sites is permitted at no extra cost for any academic institution provided that the total number of subscriptions to IUCr journals held by the Institution is maintained. All IP addresses associated with distance learning should be collected together and registered as a separate site.

Commercial organizations wishing to access the service from multiple sites should contact subscriptions@iucr.org. The IUCr will be pleased to negotiate global access arrangements for commercial organizations.

Sharing of the Journal among the members of a regional consortium is NOT permitted. If the IUCr at any time determines in its sole discretion that the range of IP addresses claimed by the Institution represents more than one Institution, it may terminate access to the Journal forthwith by notice to the Institution.

Consortia wishing to register with the Crystallography Journals Online service should send an e-mail giving details of the consortium to subscriptions@iucr.org.

7. Use of the Journal

The Institution and Authorized Users may access or use the Journal for the following purposes:

(a) General usage. The Institution and Authorized Users may electronically display, download, digitally copy, and print a reasonable portion of the Journal. The Institution may charge a reasonable fee to recover costs of copying or printing portions of Journal for Authorized Users.

(b) Interlibrary loan. The Institution may fulfill requests from other libraries, a practice commonly called Interlibrary Loan. The Institution agrees to fulfill such requests in accordance with relevant copyright legislation. Requests may be fulfilled using electronic, paper or intermediated means.

(c) Course reserves. The Institution and Authorized Users may use the Journal for print and electronic reserve readings in connection with specific courses of instruction offered by the Institution.

(d) Coursepacks. The Institution and Authorized Users may use a reasonable portion of the Journal in the preparation of coursepacks or other educational materials.

(e) Electronic links. The Institution and Authorized Users may provide hyperlinks from the Institution's and Authorized Users' web page(s) or web site(s) to individual units of content within the Journal.

(f) Education, teaching and research. The Institution and Authorized Users may extract and use excerpts from the Journal for academic research, scholarship, and other educational purposes, including extraction and manipulation for the purpose of illustration, explanation, example, comment, criticism, teaching, research and analysis.

(g) Scholarly sharing. Authorized Users may transmit to a third-party colleague, in paper or electronically, reasonable amounts of the Journal for personal, scholarly, educational, scientific, or research uses, but in no case for resale.

(H) Scholarly citation. Authorized Users may use, with appropriate credit, figures, tables, and brief excerpts from the Journal in the Authorized User's own scientific, scholarly, and educational works.

(i) Bibliographic citations. For the avoidance of doubt, the Institution and Authorized Users may use citation and abstract information in faculty profiling systems, in lists of publications on faculty and institutional web pages, and to create bibliographies.

(j) Text and data mining. Authorized Users may use the Journal to perform and engage in text and/or data-mining activities for academic research, scholarship, and other educational purposes, utilize and share the results of text and/or data mining in their scholarly work, and make the results available for use by others, so long as the purpose is not to create a product for use by third parties that would substitute for the Journal. The IUCr will cooperate with the Institution and Authorized Users as reasonably necessary in making the Journal available in a manner and form most useful to the Authorized User. If the Institution or Authorized Users request the IUCr to deliver or otherwise prepare copies of the Journal for text and data-mining purposes, any fees charged by the IUCr shall be solely for preparing and delivering such copies on a time and materials basis.

(k) Caching. The Institution and Authorized Users may make such local digital copies of the Journal as are necessary to ensure efficient use by Authorized Users' appropriate browsers or other software. For the avoidance of doubt, the cached copy is not a derivative work.

(l) Backup copy. The IUCr shall provide to the Institution upon request, or the Institution may create, one (1) copy of the entire set of Journal to be maintained as a backup copy. In the event that the subscription is terminated, the Institution may use the backup copy to exercise any perpetual license rights.

The IUCr's explicit written permission must be obtained in order to

Use the whole or any part of the Journal for commercial use
Systematically distribute the whole or part of the Journal to anyone other than Authorized Users
Publish, distribute or make available the Journal, works based on the Journal or works which combine it with any other material, other than as permitted in these Terms and Conditions of Use.
Alter, abridge, adapt or modify the Journal, except to the extent necessary to make it perceptible on a video display, or as otherwise permitted in these Terms and Conditions of Use, to Authorized Users.

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 the IUCr 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 the IUCr in any investigation of such infringements or unauthorized uses. The IUCr shall have the sole right, at its expense, to bring any action on account of such infringements or unauthorized uses, provided that the IUCr 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 these Terms and Conditions of Use.

Nothing in these Terms and Conditions of Use shall in any way exclude, modify or affect anything the Institution is allowed to do in respect of the Journal under any statutory rights granted by the Copyright Designs and Patents Act 1988 and any amending legislation.

8. Disclaimers

The IUCr does not warrant that the Journal will be accessible in any particular hardware/software environment. The IUCr does not warrant the accuracy or completeness of any information contained in the Journal, or its merchantability or fitness for a particular purpose.

The IUCr will have no liability to any person for any loss or damage arising out of use of, or inability to use, the Journal.

The IUCr 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.

The IUCr reserves the right at any time to withdraw from the Journal any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.

9. Perpetual license

Notwithstanding anything else in these Terms and Conditions of Use, the IUCr grants to the Institution a nonexclusive, royalty-free, perpetual license to use any materials that were published in the Journal during the subscription period. Such use shall be in accordance with the provisions of these Terms and Conditions of Use, which provisions shall survive any termination of the subscription to the Journal.

10. Termination

The IUCr may terminate access to the Journal by the Institution for substantial or material breach of these Terms and Conditions of Use, if the Institution fails to remedy the breach (if capable of remedy) within thirty days of notification in paper or electronic form. No refund will be provided upon such termination. In addition, the IUCr may terminate access as of the end of any subscription period by providing the Institution with prior notice in paper or electronic form.

It is understood and agreed that the IUCr may find it necessary, from time to time, to change the terms of these Terms and Conditions of Use. Any such change will be effective immediately upon sending of paper or electronic notice to the Institution but will not be retroactive.