The University of Chicago Press, Journals Division

The Astronomical Journal

Site License Agreement for Electronic Editions of Journals Published by The University of Chicago Press

Please return a completed copy of this license along with the registration form to The University of Chicago Press, Journals Division, Attention: SW, P.O. Box 37005, Chicago, Illinois 60637 USA or by fax to (773) 753-0811.

SUBJECT:      Electronic editions of scholarly journals published by The University of Chicago Press. Each of such publications is referred to in this Agreement as a "Journal."

PARTIES:      The University of Chicago Press, a department of The University of Chicago (the "Press"), and the institution named below (the "Institution").

TERMS OF AGREEMENT:

1.    License

At the time the Press makes available on its website an online edition of a Journal, the Press grants the Institution a non-transferable license for access during the period for which the subscription has been paid, to 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 Press and other owners of copyrighted works. This license is subject to: (1) the terms and conditions of this Agreement, (2) the completion by the Institution of a Press registration form for such Journal, a sample of which is attached hereto as Exhibit A, providing information related to the Institution's computer network, and (3) the payment of fees as established from time to time by the Press. 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.

The Press may offer two or more related or affiliated Journals for licensing as a group for a single fee, in which case the term "Journal" as used herein will wherever applicable refer collectively to all Journals in the group.

Some Journals are available electronically through third-party vendors as well as from the Press's website or its mirror sites; this Agreement does not license access through those vendors.

2.    Copyright Owner

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 Press's website.

3.    Scope of Access

This license grants access to 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 users from the Institution that may use the Journal at any one time. Furthermore, this license grants access solely to faculty (permanent or visiting), students and staff of the Institution, and on-site users of the Institution's library and campus computer network. 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.

4.    Multi-Campus or Consortium Access

This agreement does NOT permit use of the Journal on more than one campus or sharing of this resource among a regional consortium. If the Press at any time determines in its sole discretion that the range of IP addresses claimed by the Institution represents more than one campus, it may terminate this Agreement forthwith by notice to the Institution, pursuant to Paragraph 8 below.

5.    Use of the Journal

Any authorized user may search, download, and save material included in the Journal for his or her own use, except that downloading of entire issues of the Journal is not permitted. Single printed copies of individual articles may be made for private use or research. (The term "article" for purposes of this Agreement includes any editorial, book review, letter or other discrete work contained in the Journal.) No rights are granted herein for multiple copying for classroom use. Such rights and additional copying rights may be granted by the Press at its discretion (see the Journal webpage for more information).

A user may transmit a hard copy or electronic copy of any article to any individual who is not an authorized user under this license provided such transmission is (i) not for compensation, (ii) for purposes of scholarly exchange of ideas, and (iii) not part of any systematic provision of Journal content to such user or persons affiliated with such user. Materials from the Journal may not be recompiled, manipulated, used to prepare derivative works, or published in another format without prior written permission from the Press.

In certain cases copyright in an article will be owned by the author rather than by the University of Chicago or the Journal's sponsor. In those instances the copyright owner will be indicated in the article. This Agreement conveys no right to copy or transmit such articles without permission from the copyright owners.

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 Press 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 Press in any investigation of such infringements or unauthorized uses. The Press shall have the sole right, at its expense, to bring any action on account of such infringements or unauthorized uses, provided that the Press 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.

6.    Inter-library Loan

Institutions may use hard or electronic copies derived directly or indirectly from the electronic edition of the publications for the purpose of inter-library loan with the same limitations that apply to paper copies for that purpose made from the print edition of the journals. Specifically, 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 which is available as part of U.S. Copyright Office Circular 21.

7.    Disclaimers

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

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

The Press 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.

8.    Termination

The Press 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, the Press may terminate this Agreement 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 Press may find it necessary, from time to time, to change the terms of Paragraphs 3, 5, and 6. Any such change will be effective immediately upon sending of paper or electronic notice to the Institution but will not be retroactive.

9.    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 electronic version of the Journal and may be amended only by a written instrument created for that purpose and signed by both parties, except as expressly provided herein. This Agreement will be governed by the laws of the State of Illinois and the United States of America, and will be deemed to be executed in and performed solely in the State of Illinois.

THE UNIVERSITY OF CHICAGO PRESS

THE INSTITUTION:

Name of Institution

Name of Authorized Signer (printed)

Signature

Date

Please return a completed copy of this license along with the registration form to The University of Chicago Press, Journals Division, Attention: SW, P.O. Box 37005, Chicago, Illinois 60637 USA or by fax to (773) 753-0811.



The University of Chicago Press, Journals Division, P.O. Box 37005, Chicago, Illinois 60637 USA
Voice: (773) 753-4240 Fax: (773) 753-0811 E-mail: subscriptions@journals.uchicago.edu

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