Schweizerbart institutional electronic content license 2.0 (Nov. 2013)

Schweizerbart is a scholarly publisher located in Stuttgart, Germany. Schweizerbart licenses its copyrighted electronic content to institutions (licensee) subscribing to this content, in order to be accessed by authorized users. This license defines the rights and obligations of either party and defines what authorized users are.
A standard institutional subscription refers to an institution at a single site (one campus). Multi-site subscriptions are available; interested institutions are requested to please address inquiries to the publisher at (order@schweizerbart.de) indicating the number of sites and the total FTEs at the institution.

1 authorized users

Schweizerbart grants licensee a non-exclusive, non-transferable and non-sublicensable right to provide access to the subscribed digital content to its authorized users as defined herein.
Authorized users are employees of the institution, its staff, researchers, enrolled students, official guests and library visitors (walk in patrons) during their visits. Licensee is responsible for restricting access to digital content to authorized users as defined above.

2 access and access control

Schweizerbart authenticates institutional access requests to its digital content by range IP-numbers or IP-ranges, which are supplied by licensee. By registering IPs or IP-ranges with the Ingenta or Schweizerbart platforms, licensee warrants, that these IP addresses rightfully belong (have been assigned to) their institution and the individuals using them are authorized users as set forth above.

3 right of use, and authorization

Using Schweizerbart's content for any purpose not permitted herein is prohibited. The number of concurrent authorized users is not limited.
Visitors of the library may be granted access to the licensed content at computer workstations on the premises of the library (walk-in-customers).
All other authorized users are permitted to access the digital content at their computer workstations on the premises of the institution and by remote access via the institution's secure network - if licensee allows remote access and takes suitable measures to inform authorized users that the contents accessed this way must be used in accordance with this license. Licensee is allowed to respond to a request by another library to generate a printout of part of the contents (e.g. a journal article or a book-chapter) and to despatch this via non-commercial inter-library loan services. This only applies to paper print-outs; electronic copies may not be made. Use of the Ariel Interlibrary Loan Software for the transmission of a small proportion of the Contents to a printer/fax of another library is allowed, a transmission to e-mail addresses is not permitted.

3.1 no public accessibility of content, no modifications

Licensee and its authorized users are not permitted to distribute the content to third parties (beyond its authorized users), to make the digital content publicly accessible, for example on the internet, mailing lists or in online repositories, or any other means. The digital content may be viewed or searched for private use or for research.
Licensee and its authorized users are not permitted to make any changes to the original content (files) or produce modified versions, translations or prepare adaptions of the original digital content in a copyright infringing way.

3.2 caching OK, storing and bulk-downloading not allowed

Licensee is not permitted to archive, bulk-download or store the licensed content in any fashion (completely or parts of it). Making transient, technically required copies of content (caching), however, is allowed.

3.3 content on «reserve» is to be linked

Licensee is asked to provide reserve material to seminar participants by providing DOI links to Schweizerbart's digital content in course management systems.

3.4 obligations of licensee, authorized users

Licensee is obliged to take all appropriate and suitable measures to prevent the violation of this contract or other abuse.
In particular, licensee is obliged to make reasonable efforts to apprise its authorized users of these terms and conditions in an appropriate form.

3.5 violations of this agreement

Licensee is obliged to inform publisher immediately and completely about breaches of this contract that come to its attention, to make reasonable efforts to stop them immediately, and to make the offending users future access to the licensed material contingent on his/her obeying the terms of this agreement.
Schweizerbart reserves the right to monitor its service for "suspicious" activity.

4 service interruptions, deficiencies of content

Due to maintenance work there may be temporary restrictions of the availability of digital content, but Schweizerbart or its affiliates will keep such interruptions as short as possible.
Deficiencies in the licensed content will be eliminated by publisher at short notice after publisher has been appropriately notified of the deficiencies, in the course of routine updates.

5 end of subscription term

Material published during the subscription term of licensee will be perpetually accessible to licensee. Access to material may be terminated, if prerequisites for access are not met (e.g. unpaid invoices). Schweizerbart reserves the right to levy a post-subscription access fee.
Access to additional material made available to licensee for the duration of its subscription (ex gratia, e.g. certain backfiles) stops as soon as licensee has no current subscription any longer.

6 fitness of content

Schweizerbarts does not warrant, that the content provided has fitness for any particular purpose; it is provided as is.

7 liability

Licensee's claims for damages and reimbursement of expenditures ("damage claims"), in particular due to a breach of contractual duties on publishers part, be it by affiliates, representatives, agents or due to tort are excluded.
Liability for the violation of essential contractual obligations is limited to compensation for damages in an amount typical and foreseeable for this type of contract (subscription), if there were not caused intentionally or by gross negligence.

8 final provisions

Should individual provisions of this contract prove to be ineffective or have turned so, this shall not affect the validity of the remainder of the contract as a whole.

Version: 2.0/November 2013

Contact: Schweizerbart Science Publishers
Licensing Dept.,
Johannesstrasse 3A
70176 Stuttgart, Germany.
Phone:+49-711351456-0,
FAX: +49-711-351456-99
licensing@schweizerbart.de
www.schweizerbart.com