Licensee wishes to purchase access to electronic books available in JSTOR through the Books at JSTOR Program (“Books”). Licensee’s participation shall be subject to these Terms, Licensee’s Institutional Participation Agreement and Licensee’s payment of applicable fees. This Agreement shall apply to electronic books selected by Licensee as specified in invoice(s) sent to Licensee. Access to Books at JSTOR shall be subject to an annual platform fee unless such fee is waived by JSTOR in its sole discretion in consideration for Licensee’s continuing participation in a requisite number of JSTOR collections. Any invoices that remain unpaid after thirty (30) days from the invoice date, may result in termination of access.
Definitions: “Authorized User(s)” means currently enrolled students; on an ad hoc basis, researchers affiliated and/or visiting under the terms of an agreement with Licensee; full and part-time staff; and on-site users physically present and authorized to be on the Licensee’s premises. “Books” means complete books and/or portions of such books, such as book chapters.
Participation Models: Licensee may purchase access to Books on a title-by-title basis either in limited access (limited to one (1) individual affiliated Authorized User at a time with a fixed number of chapter downloads available to the Licensee’s Authorized Users) or, where available, unlimited access (where an unlimited amount of simultaneous users to access the book and download chapters, subject to the terms of this Agreement). Licensee also may participate in the Demand Driven Access program (“DDA”) to be established through a separate agreement between Licensee and JSTOR.
Permitted Uses: Licensee and/or its Authorized Users may search, view, reproduce, display, download, print, perform, and distribute Books for the following Permitted Uses if not otherwise prohibited herein:
(a) research activities;
(b) classroom or organizational instruction and related classroom or organizational activities;
(c) student assignments;
(d) as part of a scholarly, cultural, educational or organizational presentation or workshop, if such use conforms to the customary and usual practice in the field;
(e) on an ad hoc basis and without commercial gain or in a manner that would substitute for direct access to the Books, sharing discrete portions of a Book with an individual who is not an Authorized User for purposes of collaboration, comment, or the scholarly exchange of ideas;
(f) where downloading is available, downloading chapters of Books to view, use and display including on a personal digital device;
(g) linking through use of a JSTOR stable URL;
(h) for the purpose of fulfilling Interlibrary Loan requests from other libraries, transmitting a Book chapter from one library to another (but not directly to users) through post or fax, or secure electronic transmission, such as Ariel or its equivalent in compliance with the CONTU Guidelines; and
(i) fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions of the copyright laws or other intellectual property right laws in the United States.
Prohibited Uses: Licensee and its Authorized Users may not:
(a) Except as otherwise set forth herein, provide and/or authorize access to the Books to persons or entities other than Authorized Users;
(b) use or authorize the use of the JSTOR Platform or Content for commercial purposes or gains, including charging a fee-for-service for the use of JSTOR beyond reasonable printing or administrative costs;
(c) modify, obscure, or remove any copyright notice or other attribution included in the Books;
(d) systematically print out or download Books to stock or replace print holdings;
(e) incorporate Books into an unrestricted database or website;
(f) reproduce or distribute Books in bulk, such as the inclusion of Books in course packs, electronic reserves, repositories, or organizational intranets except with respect to permitted use of links;
(g) undertake coordinated or systematic activity between or among two or more individuals and/or entities that, in the aggregate, constitutes downloading and/or distributing a significant portion of the Books; or
(h) undertake any activity such as the use of computer programs that automatically download or export Books, interfere with server(s) being used or accessed in connection with JSTOR, and/or circumvent any digital rights management technology used in connection with Books.
Responsibilities of Licensee: Licensee shall make reasonable efforts to ensure that access to the Books is limited to Authorized Users, including but not limited to, by issuing and terminating passwords within its control, verifying the status of Authorized User, and providing any information or assistance necessary for JSTOR to implement whatever reasonable user authentication processes JSTOR may establish in its sole discretion. Licensee shall notify JSTOR of any such unpermitted use of which it learns or is notified and shall cooperate with JSTOR to resolve such unpermitted use. Licensee agrees to indemnify JSTOR against any damage arising from breach of the this Schedule to the extent allowed by applicable law (including but not limited to laws which limit liability for public educational or government institutions), it being understood that only individual Authorized Users shall be held responsible for any violations by them of the Terms and Conditions of Use.
Intellectual Property Rights: The JSTOR Platform and any intellectual property rights (collectively, “Intellectual Property”) relating to the JSTOR Platform and its participating libraries, universities, publishers, scholarly societies, and journals are proprietary to JSTOR or, as applicable, the aforementioned entities, subject to the rights of third parties. Neither JSTOR nor Licensee may use the other’s name or trademark and Licensee may not use the name or trademarks of the above-noted entities without approval except: (i) JSTOR may use Licensee’s name and/or the name of its library in brochures or other materials to identify Licensee as a participant in JSTOR along with other participants, and (ii) Licensee is encouraged to use JSTOR’s name and logo to announce participation to Authorized Users and to train Authorized Users on the use of JSTOR.
Disclaimer of Warranty: JSTOR will not be liable for any loss, injury, claim, liability, damages, costs, and/or attorneys’ fees of any kind that result from the unavailability of the JSTOR Platform or Books, delays or interruption of the services provided hereunder, or arising out of or in connection with Licensee’s use of the JSTOR Platform or Books in violation of this Agreement. THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS (“CONTENT PROVIDERS”) DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN). JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM.
Term and Termination: Unless otherwise agreed upon, this Schedule shall continue in effect for one (1) year from the date of signature, and assuming the availability of funding, will renew for successive one (1) year terms by the payment of the annual fees unless earlier terminated by either party by written notice not less than ninety (90) days prior to the end of the then-current term. JSTOR may also suspend or terminate Licensee’s access to Books via the JSTOR Platform if, (a) in JSTOR’s reasonable opinion, the cumulative effect of violations of JSTOR’s Terms and Conditions of Use by Authorized Users justifies such termination, or (b) Licensee enters into a bankruptcy or change of ownership.
Perpetual Access: Should this Agreement terminate or expire, Licensee’s affiliated Authorized Users may continue to make use of Books in compliance with this Schedule. In addition, in the event of an Institution’s cancellation or non-renewal of an Institutional Participation Agreement JSTOR shall provide access to Books through either JSTOR (with possible limitations on access and functionality) or Portico as selected in JSTOR’s discretion.
General Terms: These Terms and Conditions of Use will be interpreted and construed according to United States Federal law, excluding any such laws or conventions that might direct the application of the laws of another jurisdiction, and venue will lie exclusively in the federal and state courts of the United States, excluding any such laws to the contrary. The English language version of agreements with JSTOR will be controlling over any other version.
JSTOR reserves the right to modify these Terms and Conditions, or any aspect of JSTOR, at any time. JSTOR will notify Licensee of material modifications. A modification will become effective if Licensee does not object in writing to JSTOR within 60 (sixty) days from the time JSTOR emails notice of the modification. In the event of such an objection, the Licensee will have the right to terminate the Agreement on 30 (thirty) days written notice.