Skip to main page content

• HOME
• Authors
• Reviewers
• Subscribers
• Advertisers
• Search
• Alerts
• Contact us

Your access to and use of an ASM Journal Online is governed by the terms of this Site License Agreement. If you subscribe to more than one ASM Journal Online, this License governs each subscription and your use of each ASM Journal Online. Please read the terms below and type "yes" to signify that you agree with these terms or "no" to signify that you do not agree with these terms, in the field provided on the institutional subscription activation page. Your subscription and access to the database will not be activated until you signify your agreement with these terms.

1. License

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 hereunder.

A. Types of License

A subscription will provide access to the HTML and PDF versions of an ASM Journal Online from an Authorized Site (hereinafter defined) in one geographic location that has 1 - 50 (type a), 51 - 200 (type b), 201 - 500 (type c), 501 - 1,500 (Type d), 1,501 - 2,500 (Type e), or 2,501 - 3,500 (Type f) registered doctoral students plus faculty in the Life Sciences ("employees" for companies). [For more than 3,500 such individuals, contact ASM.]

2. Definitions

A. Authorized Site

An Authorized Site is a localized site that is an organizational unit and may be academic or nonacademic. For organizations located in more than one city, each city is considered to be a different site. For organizations within the same city that are administered independently, each location is considered to be a different site. No access from remote campuses or remote sites and no consortia or other forms of subscription sharing are allowed under this License.

B. Access at an Authorized Site

Access at an Authorized Site is controlled by valid Internet Protocol ("IP") address(es), which Licensee is responsible for providing. Only the IP address(es) submitted by the Licensee will have access to the material. There is no limit on the maximum number of IP addresses or workstations at an Authorized Site under the License. Valid IP addresses may include proxy or cable services or other mechanisms for providing remote dial-in access only to Authorized Users of the Authorized Site.

C. Authorized User

An Authorized User is any individual who is a registered student, faculty member, or staff member ("employee" at a company) of an Authorized Site. A visitor to the physical facility who is authorized to use that facility's library network is considered to be an Authorized User.

3. Permitted Uses

Licensee and Authorized Users may browse, search, retrieve, and view an ASM Journal Online, and may download, store or 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.

Interlibrary loan policy: Licensee may download and print individual articles that are then faxed, mailed or hand-delivered to a requester under Licensee's interlibrary loan procedures, so long as the requesting institution is a noncommercial library located in the same country as Licensee. No other form of electronic transmission or forwarding of material is permitted.

All copies of material from an ASM Journal Online must bear proper copyright notice in ASM's name, as shown in the initial page of each article.

4. Prohibited Uses

This License describes permitted uses. Any other use is prohibited and is cause for immediate termination of this License.

Specifically, no one is authorized to transmit, copy, or distribute any ASM Journal Online issue or article in any manner or for any purpose except as described in section 3 of this License without ASM's express written permission. In particular, no one may, without the 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) charge for a copy (electronic or otherwise) of any article, file, or material obtained from any ASM Journal Online; or (vi) systematically print, archive, or store substantial portions of articles, issues, files, or material obtained from any ASM Journal Online.

To obtain express written permission to make any use not authorized by this License, mail or fax (do not e-mail) signed requests to: Journals Department, American Society for Microbiology, 1752 N St., N.W., 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. Each individual article, as well as each Journal issue, is protected under the U.S. Copyright Laws (Title 17, U.S. Code). 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.

7. Access to Database

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 nevertheless be granted, subject to the terms and conditions herein. 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.

8. Disclaimer of Warranties

ALL MATERIAL AND INFORMATION ON ANY ASM JOURNAL ONLINE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 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. The printed version of each ASM Journal Online officially published by ASM is the definitive version. To the extent any difference exists, the printed version will prevail over the online version. While ASM endeavors to ensure that the contents of the print and online versions of the journal are the same, there is no guarantee that the information contained in the online version of the journal is identical to that in the print version, and ASM has no duty to change the information contained in the online version to correct errors or for any other purpose. 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

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 the ASM Journal Online.

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).

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

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 hereof upon thirty [30] days' advance notice. Accessing the database after notification of a modification to the terms will be deemed to signify Licensee's acceptance of such modification.

Licensee agrees to submit to the jurisdiction of state or federal courts in the United States in any forum with personal jurisdiction over the parties in any dispute concerning this License or Licensee's use of material from an ASM Journal Online.

Licensee must pay 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.

Licensee may not assign or transfer its rights under this Agreement without the written permission of ASM.

* * *

Note: Institutional/Nonmember subscribers will be asked to agree to this license online while completing subscription activation.