JAOS license agreement
Journal of the American Oriental Society
Institutional Subscriber Use
- Pursuant to the terms and conditions set forth in this Journal License, the Journal of the American Oriental Society ("JAOS") grants the Licensee a nonexclusive, nontransferable, limited license to use any or all JAOS journal titles ("Journal") purchased by the Licensee. The JAOS shall make the Journal available to the Licensee for use only by faculty, staff, and students of the entity of which the Licensee is a part, and/or walk-in users who are authorized to be physically present in the Licensee's buildings ("Users"). Persons affiliated with the Licensee as students, faculty, or employees may have access to the Journal off-site. Such use shall be in accordance with the terms and conditions set forth in this Online Journal License Agreement. Access to the Journal shall be controlled by the JAOS through the use of IP addresses and/or passwords.
- One electronic subscription allows access from a single Class B or equivalent network. In practical terms this means that, for academic institutions, separate departments or libraries are considered part of the same subscribing site as long as they belong to the same campus (which means that they use the same Class B or equivalent network). Very large universities with several Class B networks will be required to purchase one subscription for each Class B network from which they seek access to the JAOS server. For nonacademic institutions, one subscription may serve separate offices regardless of location.
- In general, the JAOS will not provide access to the subscriber's faculty, students, or staff when they are using a computer that is neither within the institution's domain nor connected to a proxy server that is within that domain.
- The JAOS grants Users a limited, nonexclusive, nontransferable license to access and use the Journal for teaching, scholarship, and research in accordance with applicable laws, including fair use restrictions under U.S. copyright law. This license includes the right to electronically display the Journal; the right to print extracts from the Journal for study and research, inclusion in essays and papers, and inclusion in materials for course work; the right to make photocopies of the printed extracts for course work; the right to download only small extracts of the Journal; and to include portions of the Journal in any article appearing in a printed journal or other publication, subject to the provisions of the paragraph below on using or citing Journal content. The downloading of an entire journal issue or complete journal volume in a systematic fashion to any media whatsoever is strictly prohibited.
- Journal articles may be posted as E-reserves. In this case, articles shall be posted on a secure site accessible only to current, registered class participants, and articles shall be purged from the E-reserve system at the end of each semester. The Licensee may provide links to Journal content within course management software (e.g., Blackboard) as long as only current, registered class participants can access this content. Journal articles may be included in course packets as long as the subscribing institution supplies the packets to end users at no cost whatsoever (i.e., not even a copying fee).
- The Licensee and its Users shall not use the Journal for any purpose other than the purposes specifically permitted by this Agreement; use all or any part of the Journal for profit, business, or other commercial purposes; download or copy all or any material portion of the Journal to any media whatsoever, including but not limited to magnetic media, compact disc, and other forms of media that may or may not be in existence at the time this Journal license is executed; transfer any interest in the Journal or use of the Journal, whether by sale, lease, assignment, loan, gift, or other means to any person or entity; or make any significant portion of the Journal available to anyone other than Users.
- The Licensee shall use all reasonable endeavors to ensure that authorized users are made aware of the terms and conditions of this License; use all reasonable endeavors to monitor compliance; and immediately on becoming aware of any unauthorized use or other breach, inform the Publisher and take all reasonable steps both to ensure that such activity ceases and to prevent any recurrence.
- Interlibrary loans are restricted to academic libraries and members of OCLC for educational purposes. Subscribing institutions may use either hard copies or electronic copies derived from the electronic edition of the JAOS for the purpose of interlibrary loan with the same limitations that apply to copies made from the print edition of the JAOS for that purpose. Specifically, copies must be made in compliance with Section 108 of the Copyright Act of the U.S. and be within the CONTU and OCLC guidelines. All copyright notices shall be maintained on the printed articles. Electronic transmission of journal articles is permitted unless, as an effect of such, the library receiving such copies does so in such quantities as to substitute for a subscription.
Ownership/Intellectual Property Rights
- The American Oriental Society has a copyright on the Journal. The American Oriental Society owns the Journal, and neither the Licensee nor Users obtain any right, title, or interest in the Journal except as expressly set forth in this Journal License.
- When Journal content is used or referenced in any publication, essay, paper, or materials for coursework, the JAOS must receive appropriate attribution in accordance with prevailing scholarly standards.
- Authorized users who download articles must maintain all copyright notices on the articles.
The Licensee shall use reasonable efforts to protect the Licensed Materials from theft or any use that is not permitted under this Agreement. The Licensee shall also use reasonable efforts to prevent anyone other than Users from accessing the Journal. The Licensee shall make reasonable efforts to provide Users with appropriate notice of the terms and conditions under which access to the Journal is granted under this Agreement, including any limitations on access or use of the Journal as set forth in this Agreement. The Licensee shall use all reasonable endeavors to ensure that all authorized users are appropriately notified of the importance of respecting the intellectual property rights in the Licensed Material and of the sanctions that the Licensee imposes for failing to do so.
Delivery and Support
- The Journal will be stored at one or more locations in digital form accessible by telecommunications links between such locations and the Licensee's or Users' workstations.
- Access to the Journal shall be controlled by the JAOS through the use of IP addresses and/or passwords. The Licensee shall be responsible for verifying the status of Users, providing a list of IP addresses to the JAOS, and updating this list as necessary. If the Licensee makes use of a proxy server to provide access to the Journal, it is understood that use of such proxy server shall be in accordance with the definition of "Users" in Section 1 of this Agreement. The Licensee agrees to authenticate authorized uses before allowing use of the proxy to any remote or on-site user.
- The Licensee is responsible for establishing and maintaining hardware and Internet access in order to provide access to, and to transmit, the Journal to Users.
- The JAOS shall provide the Journal in compliance with the Level AA criteria of the Web Content Accessibilities Guidelines (WCAG) 2.0 as published by the World Wide Web Consortium’s Web Accessibility Initiative, which may be found at: http://www.w3.org/WAI/WCAG20/quickref/
- The JAOS shall comply with and provide Licensee with a copy of JAOS’s completed Voluntary Product Accessibility Template (VPAT) form which follows Section 508 (29 U.S.C. 794d) standards as applied to the Journal.
The JAOS warrants that it has the right and authority to make the Journal available pursuant to this Agreement.
The JAOS shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with the service or materials provided hereunder.
The JAOS shall use all reasonable endeavors to make access available on a 24-hour basis, but if access is interrupted or a defect occurs that prevents access, liability shall be limited to using all reasonable efforts to correct any access or performance problem brought to its attention.
Terms and Termination
- This is a 12-month site license to all existing JAOS digital titles. This site license must be renewed by the Licensee on an yearly basis.
- This Journal License Agreement ("Journal License") shall continue without limit until terminated in accordance with this section.
- The JAOS may terminate the Agreement in the event that the Licensee fails to perform its obligations under this Agreement, other than payment of the license fee, and does not cure such failure within (60) days of receiving written notice from the JAOS. Upon the Licensee's failure to make any license fee payment when due, the JAOS may terminate this Agreement without further notice to the Licensee.
- Upon termination of this Agreement, all licenses granted hereunder shall immediately terminate, except that the Licensee shall retain full access to those articles published in the volume year(s) for which the Licensee held a paid subscription.
- In the event of termination of this Agreement for any reason, the JAOS shall not have any obligation to refund any monies to the Licensee.
- The Licensee shall, in consideration for the rights granted under this License, pay the specified Fee to the Publisher within 60 days of the invoice date and within 60 days of the annual anniversary of the commencement date. For the avoidance of doubt, such Fee shall be exclusive of any sales, use, value added, or similar taxes, and the Licensee shall be liable for any such taxes in addition to the Fee.
- Termination of this Journal License (however arising) shall be without prejudice to the rights of either party against the other arising or accrued prior to the date of termination and without prejudice to the rights of either party against the other under sections of this Journal License that shall survive termination.
- Except as otherwise provided herein, this Agreement contains the entire agreement between the parties with respect to the subject matter hereof. In the event that the Licensee issues a purchase order or other document, the Licensee agrees that the document shall be for its internal purposes only and shall in no way modify or affect any of the terms or conditions of this Agreement.
- The Licensee may not assign its rights or delegate its duties or obligations under this Agreement without written consent of the JAOS.
- The failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Georgia.