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Project MUSE

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Project MUSE Institutional Book Licensing Agreement

This is a copy of the standard Project MUSE institutional subscription license for review purposes only. It is made available for institutions to review as part of a purchasing decision regarding UPCC Book Collections on Project MUSE. Unless covered by a blanket consortium license, institutions subscribing to UPCC Book Collections on Project MUSE are required to sign and return the Project MUSE Books License Agreement.

Instructions for Completing the License

Libraries must print the license agreement for signature. Please review the instructions below.

  1. Print out 2 copies of the PDF license for Project MUSE books
  2. Sign both copies
  3. Return to:

    Project MUSE
    ATTN: Customer Support
    The Johns Hopkins University Press
    2715 North Charles Street
    Baltimore, MD 21218 USA

  4. MUSE will sign both copies and return one to you for your records.

NOTE: If your institution does not require a license with original signatures, a scanned copy of the signed license may be sent to MUSE. To send a scanned copy, print out 1 copy of the license and sign it. Scan the signed license and send a copy via email to Project MUSE Customer Support at muse@press.jhu.edu

Click here to go to the PDF Version of the UPCC/ MUSE Books License. Libraries are encouraged to contact MUSE Customer Support with any questions related to licenses. You will need Acrobat Reader to view the PDF version. This can be downloaded for free at http://www.adobe.com.


I. TERM OF AGREEMENT

The term of this agreement shall begin on 12:00 midnight EST on ___________, 20__ and expire at 12:00 midnight EST on December 31, 20__. Thereafter, it will be renewed automatically each year subject to the terms herein unless either party gives termination notice in writing to the other by December 1 for the following year.

II.RIGHTS AND RESPONSIBILITIES

A. Authorized Users

A subscription to a UPCC Book Collection on Project MUSE grants unlimited access to the full text of the ebook titles in the collection for educational, research, and personal use by the faculty, staff, students, alumni, library patrons, and other Authorized Users of the Subscriber's campus/institutional network. Distance learners, alumni, and other off-campus affiliates may access UPCC/MUSE ebooks if their internet access is through the campus network or via a secure proxy server.

Subscribers are expected to make their best feasible efforts to enable access to ebooks only to faculty, students, staff, alumni, and walk-in library patrons using the campus' physical library facilities. There are no contractual limits on the number of Authorized Users from one campus at any given time.

B. Permitted

Provided that the copyright header attached to the ebook chapter is retained, Authorized Users at the Subscriber's institution may

  1. download and print one copy of each chapter for personal use and archive contents on their own personal computers
  2. use an "offline browser" that allows downloading content from the site to be read later. The browser must be configured to request no more than one article per minute. Non-compliance with this rule will result in access to Project MUSE from the offending IP address(es) being blocked until the problem is resolved. If the problem is repeated, the offending IP may be permanently blocked from accessing the Project MUSE site.
  3. send one copy of an ebook chapter by email, hard copy, or fax to one person in the subscriber's campus/institutional network at another location for that individual's personal use
  4. distribute a copy of individual ebook chapters in print or electronic form to Authorized Users, including the distribution of a copy for noncommercial educational purposes, to each individual student (Authorized User) in a class at a Subscriber’s institution
  5. use a persistent URL, or durable URL, to an ebook chapter for courses of instruction offered by the Subscribing Institution, where access is restricted to students enrolled in the course, to instructors, and to library staff maintaining the link, and such access is limited to the duration of the course.  Each item should carry an appropriate acknowledgment of the source, copyright, and publisher, and the links to such items shall be deleted by the Subscriber when they are no longer required for such purpose.
  6. place selected listings and notices on the campus network to inform users of availability
  7. display, download or print chapters from ebooks for the purpose of internal marketing or testing or for training Authorized Users or groups of Authorized Users

Regarding section B.2 above, if the Subscribing Institution becomes aware of unauthorized access to Project MUSE, it will notify JHUP immediately and cooperate in locating and attempting to stop the specific individuals who are abusing the service. If the specific abuser(s) cannot be identified or stopped, JHUP has the right to withhold, suspend, or terminate access to any or all purchased content, without liability.

C. Not Permitted

Authorized Users at the Subscriber's institution may not

  1. disseminate content from Project MUSE outside the campus or institution by any means, except as noted above
  2. transmit the digital source code, whether plain ASCII or tagged, and use contents from Project MUSE in course packs
  3. utilize UPCC/MUSE ebooks for the purposes of fulfilling interlibrary loan requests
  4. systematically download content by robots or other automatic processes without explicit approval from JHUP
  5. burden server(s) with activities, such as computer programs, that automatically download content, commonly known as web robots, spiders, crawlers, wanderers, or accelerators. If there is evidence that such unauthorized activities have taken place, the Subscriber will be contacted, and access to the offending IP address(es) may be shut down if a prompt resolution is not achieved. No refunds or credits will be given for time without access as a result of such activities.
  6. remove, cover, overlay, obscure, block, or change any copyright notices, legends, or terms of use; or modify or create a derivative work of any ebook content without the prior written permission of the copyright holder
  7. re-use content for commercial use without prior written permission of the copyright holder
  8. make agreements for access to UPCC/MUSE ebook content with individuals, organizations, vendors, affiliates, or partners, who are not Authorized Users.

III. COPYRIGHT AND PERMISSIONS

Unless otherwise noted, Publishers hold the copyright on all UPCC books on MUSE, whether the material is in print or electronic form. All book content is subject to "fair use" provisions of U.S. or applicable international copyright laws [http://www.copyright.gov/title17/92chap1.pdf]. A list of the Publishers participating in UPCC Book Collections on Project MUSE can be found on the MUSE web site.

In the event of a dispute between a Publisher and any contributor with respect to the electronic distribution of any UPCC/MUSE ebook content, JHUP shall have the right to remove such content, and will do so upon the Publisher's request.

Requests for authorization to distribute copies of ebooks for use outside of the provisions listed above should be sent to the Copyright Clearance Center (CCC). In preparing your request, please note the name of the copyright holder of the book and follow the CCC instructions for that copyright holder. No permission requests should be sent to Project MUSE.

Copyright Clearance Center (CCC)
>27 Congress, 222 Rosewood Drive
Danvers, MA 01923
Phone: 978-750-8400
Fax: 978-646-8600

Or make your request online: http://www.copyright.com/

IV. ACCESS AND AUTHENTICATION

The Project MUSE file server permits entry by recognizing the authorized IP addresses. Distance learners and alumni who access the internet via campus IP accounts or a secure proxy server may use Project MUSE, but access is not available through independent service providers. Referring URL is also offered as an alternative method for remote access, so long as a secure system is in place, to allow only Authorized Users, as described above, access to Project MUSE via the referring URL. Project MUSE also supports access via Athens or Shibboleth authentication.

At the time an order is placed, the Subscriber provides IP addresses for all institutional networks and computers that require access to UPCC/MUSE ebooks, as well as any relevant details for enabling access via referring URL, Athens, or Shibboleth. No credit is given for the submission of incorrect or incomplete IP ranges or access details, or for IP information or access details submitted late.

The Subscriber will make reasonable efforts to create and maintain appropriate security measures to ensure that only Authorized Users can access subscribed content online. The Subscriber also affirms that all IP addresses provided for use of UPCC/MUSE ebooks are controlled by its institution exclusively for internet access by Authorized Users. Valid IP addresses must not include those of publicly accessible proxy or cache servers.

V. USAGE STATISTICS

JHUP shall provide the Subscriber with COUNTER-compliant usage data on the subscribed ebooks on a monthly basis, for private internal use by JHUP and the Subscriber only.

VI. SUBSCRIPTION TERMS

A. Calendar Year Term

All UPCC Book Collection subscriptions run on a calendar year subscription term. All subscriptions expire on December 31. Subscriptions that begin after January 31 will be pro-rated to the months remaining in the calendar year subscription term at the time of order activation.

B. Subscription Activation

For access to be enabled, the Subscriber must provide technical and administrative data about its campus or institution via the Project MUSE online order form or other mutually agreed upon method. Upon receipt of a fully completed order form, JHUP will permit the Subscriber access to the UPCC/MUSE ebook content.

C. Payment and Invoicing

Upon receipt of a confirmed order for a UPCC Book Collection subscription, an invoice will be generated. Payment must be received by JHUP within 60 days of receipt of invoice, or access to Project MUSE eBook content will be disabled. Access to ebook content will be re-enabled only upon receipt of full payment of any outstanding invoices, and no credit will be given for periods without access as a result of late payment.

D. Renewal

At renewal time, usually around September 1, the Subscriber will be provided with pricing information for the following year. No later than November 1, JHUP will invoice the Subscriber for renewal. Renewal orders must be paid in full within 60 days of receipt of invoice to ensure the Subscriber's continued access to online content.

E. Book Content

The UPCC book subscription package consists of book titles designated as “Archival” by Project MUSE and the participating publishers, and MUSE reserves the right to alter the contents of the subscription package on an annual basis. Content changes, additions, or deletions will be announced no later than September 1 of the year prior to the effective subscription term, and a current list of included books will be made available for download from the MUSE web site at all times.

 

VII. ADDITIONAL TERMS

If any provision or provisions of this License shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

JHUP will not be held liable for any delays, inaccuracies, errors or omissions in Project MUSE, in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. JHUP does not represent or endorse the accuracy or reliability of any content.

Please direct any questions regarding the Agreement to our Subscriber Services Department to muse@press.jhu.edu.

If the Subscriber becomes aware of infractions upon this Agreement, it shall report these to Project MUSE immediately. This Agreement may not be assigned and represents the complete understanding as to the subject matter therein.