LAST UPDATED: APRIL 22, 2009          

Institutional Online Site License Agreement
for Full-Text Access 2009 Subscription Year

Licensee access to and use of an ASM Journal Online (hereinafter defined) is governed by the terms of this Site License Agreement. If Licensee subscribes to more than one ASM Journal Online, this License governs each subscription and Licensee’s use of each ASM Journal Online. Prices and subscription/renewal information are posted on ASM’s website.

New Subscribers:
Please read the terms below and type “yes” to signify agreement with these terms or “no” to signify refusal of these terms in the field provided on the institutional subscription activation page. The subscription and Licensee access to the database will not be activated until Licensee signifies its agreement with the terms below.

Renewing Subscribers:
If Licensee renews an active ASM Journal Online subscription before it expires, Licensee is not required to repeat the activation process. The expiration date for Licensee’s online record is updated after the renewal is processed by ASM’s Institutional Subscription Office. Before renewal, please review the subscription agreement terms and conditions in this Site License Agreement below, as some terms may have changed from the previous year. The terms of this Site License Agreement govern the renewal. If Licensee cannot accept all terms in this Agreement, the subscription cannot be renewed.

  1. License

    2. The American Society for Microbiology ("ASM") hereby grants to the ASM Journal Online subscriber ("Licensee") and its Authorized Users (hereinafter defined) a non-exclusive, revocable, non-transferable License to access each ASM Journal Online to which Licensee has subscribed, according to the terms of this Agreement, and to make the uses permitted and described below.
    1. Types of License
      1. Single-Site License refers to one geographic location or to multiple sites within one city that are part of a single organization unit administered centrally.

        A Single-Site License provides access to an ASM Journal Online from an Authorized Site (defined below) in one geographic location that has: 1 - 200 (tier A), 201 - 1,500 (tier B), 1,501 - 3,500 (tier C), 3,501 - 5,500 (tier D), or 5,501 - 7,500 (tier E) faculty plus individuals in registered doctoral (PhD, MD, DVM, etc.) and postdoctoral programs in the Life Sciences ("employees" for companies and government agencies). For more than 7,500 such individuals, contact ASM.

        Any affiliated institutions (e.g., hospitals, research institutes, etc.) that will have access to the online journal(s) must be taken into account when determining what type of license is required.

      2. Multisite License refers to an organization with independently administered multiple locations within one city; or to an organization in more than one city, state, or country, with administration of this license being done centrally on behalf of all locations.

        A Multisite License provides access to an ASM Journal Online from an Authorized Site (defined below).
        Any affiliated institutions (e.g., hospitals, research institutes, etc.) that will have access to the online journal(s) must be taken into account when determining what type of license is required.

  2. Definitions
    1. ASM Journal Online
      The term “ASM Journal Online” means the online articles and related materials published by ASM Journals. An ASM Journal Online subscription provides access to HTML and PDF versions of the final, typeset articles in an ASM Journal and to accepted manuscripts that are published online in PDF format (“publish-ahead-of-print” manuscripts) prior to publication of the final, typeset articles in an ASM Journal. The following do not offer publish-ahead-of-print manuscripts: Microbiology and Molecular Biology Reviews and Clinical Microbiology Reviews. Licensee explicitly acknowledges that publish-ahead-of-print manuscripts are posted “as is” (i.e., as submitted by the authors at the modification stage), and do not reflect editorial changes that might be made subsequently by ASM or the authors.
    2. Authorized Sites
      1. Single-Site (academic or non-academic) is a:
        • single geographic location; or
        • multiple sites within one city that are part of a single organizational unit administered centrally. Example: Different campuses of the same university within the same city are considered an Authorized Single Site.
      2. Multisite (academic or non-academic) is an:
        • organization with independently administered multiple locations within one city; or
        • an organization in more than one city, state, or country, with administration of this license being done centrally on behalf of all locations. Example: Each campus of the University of Maryland system is considered to be a different site, and each branch or office of a pharmaceutical company is considered to be a different site.

    3. Online Journal Access at an Authorized Site
      Access at an Authorized Site is controlled by valid Internet Protocol ("IP") address(es), or range(s) of IP addresses, which Licensee is responsible for providing. Only the IP address(es) submitted by the Licensee at the time of the initial subscription or at the time of renewal may have access to the material. Addition of IP addresses at any other time must be approved in advance by ASM and may require additional payment if the addition(s) increases the number of Authorized Users or number of Authorized Sites. There is no limit on the maximum number of IP addresses or workstations at an Authorized Site under the License. Licensee may use a proxy server or cable service for providing remote dial-in access for its Authorized Users (defined below) of an Authorized Site. Use of an open proxy server to provide access for its Authorized Users is prohibited.
      Licensee is responsible for deleting any expired or inaccurate IP address(es) from the subscription account, for taking reasonable measures to prevent access by unauthorized individuals to its authorized IP address(es), and for terminating any unauthorized access of which it has actual notice or knowledge.
    1. Authorized User
      An Authorized User is any individual who is a registered student, faculty member, staff member, or affiliated researcher (“employee” or independent contractor at a company) of an Authorized Site. An affiliated researcher or independent contractor must be employed, and/or conducting research, physically at an Authorized Site. A visitor to an Authorized Site who is authorized to use that facility's library network is considered to be an Authorized User.
  3. Permitted Uses
    1. Pursuant to this license, Licensee may do, or authorize another Authorized User to do, any of the following:
      1. Search, view, display, download, and store individual articles or other discrete items from an ASM Journal Online, solely for the use of an Authorized User.
      2. Print a single copy of individual articles or discrete items from an ASM Journal Online, for an Authorized User’s personal use.
      3. Distribute copies of individual articles or from an ASM Journal Online, in print or electronic form, to other Authorized Users for their personal use.
      4. Store insubstantial portions of individual articles or items from an ASM Journal Online on internal databases for later retrieval and use by Authorized Users.
      5. For library e-reserve or course syllabus purposes, provide metadata with appropriate links to one or more individual articles for Authorized Users to access the full-text format.
      6. Supply print or electronic copies of individual articles or items from an ASM Journal Online to regulatory authorities for regulatory purposes relating to Licensee’s products or services, provided that the Licensee is a party to the proceedings or has an interest in the outcome.
      7. Supply single print or electronic copies of individual articles taken from an ASM Journal Online to individual third parties on request or on an ad hoc basis for medical information purposes, provided that no more than 10 copies of a specific article are supplied for such purposes under this provision. For additional copies, Licensee should ask ASM for reprint rights, which are not covered by this License.
      8. Disclose individual articles or other discrete portions from an ASM Journal Online in connection with any legal and/or patent proceedings and/or if requested pursuant to an order of a competent court or administrative agency, provided that the Licensee is a party to the proceedings or has an interest in the outcome.

    2. Pursuant to this license, an Authorized User may browse, search, retrieve, and view ASM Journals Online and may store or download and print out single copies of individual articles, or discrete items or portions of such articles, from an ASM Journal Online solely for their own use or for that of another Authorized User. An Authorized User may transmit single copies of individual articles, or discrete items or portions of such articles, from an ASM Journal Online to another Authorized User.
    3. Interlibrary Loan Policy. Licensee may download and print individual articles that are faxed, mailed, hand-delivered, or scanned and transmitted electronically to a requester under Licensee's interlibrary loan procedures, so long as the requesting institution is a non-commercial library located in the same country as Licensee. No other form of electronic transmission or forwarding of material is permitted.
    4. ASM supports the LOCKSS System. Licensee is authorized to store and grant access, through the LOCKSS System, to the content of the ASM Journals Online to which Licensee subscribes, in order to preserve the Licensee’s use of and access to such material, subject to the conditions set forth in this License. This permission is granted on the further condition that Licensee installs and maintains, at its own expense, any software or other mechanism and authorizations needed to participate in the LOCKSS System.
    5. Copies of all material from an ASM Journal Online must bear proper copyright notice as shown in the initial page of each article or, if different, on the portion reproduced. Deletion or modification of the copyright notice is not allowed.
  4. Prohibited Uses
    1. This License describes all permitted uses. Any other use is prohibited and is considered infringement under the Copyright Act, 17 U.S.C. §§ 101 et seq., unless prior written permission has been obtained from ASM, as described in Section IV.B of this Site License. A prohibited use can result in immediate termination of this License.
    2. Specifically, no one is authorized to transmit, copy, or distribute any ASM Journal Online issue or article, or portion thereof, in any manner or for any purpose except as described in Section III of this License, without ASM's prior express written permission. In particular, except as described in Section III, no one may, without the prior express written permission of ASM: (i) distribute or forward a copy (electronic or otherwise) of any article, file, or material obtained from any ASM Journal Online; (ii) reproduce or photocopy any article, file, or material from any ASM Journal Online; (iii) alter, modify, adapt, or translate any article, file, or material obtained from any ASM Journal Online; (iv) include any article, file, or material obtained from any ASM Journal Online in other works or otherwise create any derivative work based on any materials obtained from any ASM Journal Online; (v) impose any charge for a copy (electronic or otherwise) of any article, file, or material obtained from any ASM Journal Online, except for normal printing/copying costs where such reproduction is authorized under Section III; or (vi) except as part of the LOCKSS System, systematically download, archive, or centrally store substantial portions of articles, files, or material obtained from any ASM Journal Online. Except as specified above in Section III.A., inclusion of print or electronic copies in coursepacks or electronic reserves is not authorized by this License and is prohibited without ASM’s prior written permission. Dissemination or transmittal of print or electronic copies of articles is not permitted for marketing or advertising purposes without ASM’s prior written permission. Affirmative written permission must be obtained from ASM. ASM does not recognize or accede to permission requests that presume permission is granted unless ASM gives notice that permission is denied.

      3. To obtain express written permission to make any use not authorized by this License, send hand-signed requests to: Journals Department, American Society for Microbiology, 1752 N St., NW, Washington, DC 20036-2904, USA; fax (202) 942-9355.

  5. Detection of Prohibited Uses

    Licensee is responsible for taking reasonable measures to prevent prohibited uses and to promptly notify ASM of any infringements of copyright or prohibited use of which Licensee becomes aware. Licensee will cooperate with ASM in investigating any such prohibited uses and will take reasonable steps to ensure the cessation of such activity and to prevent any reoccurrence.
  6. Copyright and Proprietary Rights

    ASM owns all copyrights in and to the ASM Journals Online, as compilations, and is authorized to publish all material therein. ASM also owns the copyrights in the individual articles as indicated on the title pages, except as explicitly noted in the text of individual articles and for Supplemental Material. Each ASM Journal Online is protected by copyright in other countries by virtue of the Universal Copyright Convention and the Berne Copyright Convention. Any unauthorized copying or prohibited use of material from any ASM Journal Online, including but not limited to text, graphics, tables, code, or software, may result in liability for copyright infringement (including injunctive relief and damages) under U.S. and/or foreign law. ASM does not own the copyright of Supplemental Material that may be linked to, or accessed through, an article. ASM does have a license to grant Authorized Users access to such Supplemental Material. Licensee should review copyright ownership information for Supplemental Material and contact the copyright owner for any permissions sought. This License does not authorize the copying, storing, or transmission of any Supplemental Material.
  7. Breach and Access to Database
    1. If Licensee fails to pay ASM any license or subscription fees when due, or otherwise breaches this License, ASM will provide Licensee with written notice and a 30-day period within which to cure such breach. ASM reserves the right to seek additional remedies and take immediate action if ASM believes that Licensee’s breach is likely to cause ASM irreparable harm. ASM may, in its sole discretion, reinstate Licensee's subscription after the breach is cured to ASM's satisfaction.
    2. If Licensee's subscription to an ASM Journal Online terminates, further access to the current database will be denied. Free access to the ASM Journals Online archives (i.e., issues published more than six [6] months previously for the primary-research journals and one [1] year previously for the review journals) will continue to be granted, subject to the terms and conditions herein, in accordance with ASM’s current policy. If Licensee or Authorized Users materially breach this License or make prohibited uses of material in any ASM Journal Online, ASM reserves the right to deny Licensee any access to the ASM Journals Online database, in ASM's sole discretion. ASM reserves the right to modify its policy regarding its online archives, in its sole discretion, and restrict or charge for access to the ASM Journals Online archives (other than as included as part of a subscription).
  8. Disclaimer of Warranties

    ALL MATERIAL AND INFORMATION ON ANY ASM Journal Online WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS OR PUBLICATIONS DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT OR PUBLICATION.

    IN NO EVENT SHALL ASM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ARTICLES OR OTHER MATERIAL DERIVED FROM ANY ASM Journal Online, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY.

    LICENSEE AGREES THAT IN NO EVENT SHALL ANY LIABILITY OF ASM (OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR AUTHORS) EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY LICENSEE for the subscription year PRIOR TO THE MAKING OF A CLAIM. IF LICENSEE IS DISSATISFIED WITH THE SERVICES OF ASM OR THE CONTENT OF ASM Journals Online OR ANYTHING ELSE RELATED TO THIS LICENSE, LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS LICENSE AND DISCONTINUE USE OF THE ASM JOURNAL(S) ONLINE.

    Each ASM Journal Online is under development, and changes may be made in the publication and programs at any time. All advertising appearing in any ASM Journal Online is the sole responsibility of the advertiser. Neither ASM nor any ASM Journal Online endorses or warrants any product advertised or any statements made in any advertisements. Nor is ASM or any ASM Journal Online responsible for the quality or content of any material linked to any ASM Journal Online.

  9. Delivery Formats and Service
    1. The ASM Journals Online use standard Internet HTML format. ASM reserves the right to change format upon three [3] months' notice to Licensee, although ASM will make reasonable efforts to use commonly available formats. The Licensee and the Authorized Users are responsible for obtaining at their expense suitable Internet connections, Web browsers, and licenses for any software necessary to view an ASM Journal Online.
    2. The ASM Journals Online are also available in Adobe Acrobat (PDF) format to Licensee and its Authorized Users, who are solely responsible for installing and configuring the appropriate Adobe Acrobat Reader software (version 3.01 or better).
    3. ASM shall use reasonable efforts to make online access available on a continuous basis. Availability will be subject to periodic interruption and downtime for server maintenance, software installation or testing, loading new files, and reasons beyond the control of ASM.
  10. General
    1. This Agreement constitutes the entire License for each ASM Journal Online, and may not be modified without the express written consent of ASM. ASM reserves the right to modify the terms, effective thirty [30] days after notice. Accessing the database after the effective date of a modification will be deemed to signify Licensee's acceptance of such modification. As a general matter, modifications, if any, will be made annually and will be incorporated into the Site License for the following year.
    2. Licensee is responsible for the payment of any applicable taxes, other than taxes on ASM's net income, arising out of Licensee's use of the ASM Journal Online and/or the rights granted under this Agreement. ASM acknowledges that not-for-profit institutions may be exempt from state and other taxes. The responsibility for determining whether Licensee has any liability for any taxes rests solely with the Licensee.
    3. Licensee may not assign or transfer its rights under this Agreement without the written permission of ASM.
    4. Non-discrimination. The parties agree to comply with all applicable laws, rules, regulations, and executive orders governing equal employment opportunity, immigration, non-discrimination, including the Americans with Disabilities Act, and affirmative action. The vendor for the ASM Journals Online complies with the W3C Priority 1 international standards for accessibility and has represented to ASM that compliance with Section 508 of the Americans with Disabilities Act is expected no later than early 2008.
    5. Conflict of Interest. This Agreement may be cancelled if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of a party is an employee, consultant, or agent of any other party to this Agreement.
    6. Dispute Resolution. If required by the laws of Licensee’s state, any dispute will be resolved in accordance with such laws, including any laws requiring arbitration or the exhaustion of specific administrative remedies.
    7. Government Requirements. ASM complies with all provisions of the Federal Acquisition Regulation (FAR) clauses applicable to the goods and services licensed pursuant to this Site License.
    8. Failure of Legislature to Appropriate. The parties acknowledge that appropriation of funds for government-sponsored institutions is a legislative act and is beyond the control of any party to this Agreement. If the Legislature fails to appropriate the funds necessary for this Agreement, then Licensee will provide prompt written notice to Publisher to cancel this Agreement.

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