AAAS/Science Publications Institutional Sitewide Subscription Agreement
This agreement between the American Association for the Advancement of Science ("AAAS") and the subscribing institution ("Licensee") establishes the terms of usage and other rules applying to an institutional site-wide subscription for online access through the Internet to any and all of the Science Online website. "Science Online" shall be defined as the set of web-based publications carrying the "Science" imprimatur, currently including:
- Science (online version): Full text Science issues from 1997 to the present
- Science Classic: Full text Science issues from 1880 through 1996
- Science Express: Selected research papers, Perspectives, and other articles that have recently been accepted for publication in Science, published on Science Express as much as six weeks before final publication in Science
- ScienceNOW: News briefs, delivered every weekday
- Science Signaling: Information selected and vetted by authorities in the field of signal transduction research, including original Perspectives, Reviews, and Protocols
- Science Translational Medicine: Peer-reviewed Research, Perspectives, Reviews, and Commentary focusing on basic, translational, and clinical research and its application
Access to these publications is granted only for Authorized Users. "Authorized Users" is defined as, and is limited to, those individuals with a current direct affiliation with the Licensee. A direct affiliation with the Licensee may include, for example, (a) current employees whether on a permanent, temporary, contract, or visiting basis, but excluding employees at a foreign affiliate or constituent university and (b) individuals who are: (1) officially enrolled as a registered student at the Licensee's institution; (2) authorized to use the library network from within the library premises or from such other places where such persons work or study (including but not limited to offices and homes, halls of residence, and student dormitories) and who have been issued by the Licensee with a password or other authentication method for such use of the library network, but (3) excluding students at a foreign affiliate or constituent university; or (c) walk-in users who are permitted to use Licensee's library or information service and permitted to access the library network but only from computer terminals within the Licensee's library premises ("Authorized Users").
This definition of Authorized Users does not include and may not be extended to cover alumni of Licensee's institution or students taking courses offered by the Licensee or Licensee affiliate, who are not officially enrolled at the Licensee's institution. Examples include but are not limited to students who are not officially enrolled as a registered student at the Licensee institution but are taking a Massive Open Online Course ("MOOC") or other course or program taught by Licensee faculty or that is offered by the Licensee in partnership or affiliation with other institutions or corporations). A separate Site License is required for alternative education efforts, MOOCs, affiliated educational technology companies, and partner institutions offering academic pathway programs or preparatory courses. A separate Site License is also required for foreign affiliates or constituent universities.
Authorization for access to the Licensed Materials shall be based upon acceptance by AAAS of the institution's completed order form; receipt of the required subscription fee and any applicable annual maintenance fees for each Science Online publication subscribed to by Licensee; registration of all IP addresses to be authorized under your account; and acceptance of this agreement by the institution's Subscription Administrator at the time of activation of the subscription. Access to the Licensed Materials is provided via IP address; each institution must register its own IP address. AAAS requires advance notification in the event that Licensee changes IP addresses from one account to another because of company merger, acquisition, or spin-off: in such events, the subscription fee will be adjusted accordingly.
With the exception of Science, Science Classic, and ScienceNOW, AAAS reserves the right to discontinue any web publication without penalty. In the event that a web publication is discontinued, AAAS will pay Licensee a prorated portion of the subscription amount.
AAAS reserves the right at its discretion to change the formats in which Science, Science Classic, Science Express, ScienceNOW, Science Signaling, and Science Translational Medicine contents are published with three months notice of any such change to existing Licensees. Licensee and/or Authorized Users will be responsible for all costs necessary for accessing and viewing Science, Science Classic, Science Express, ScienceNOW, Science Signaling, and Science Translational Medicine including equipment, software, phone lines, telecommunications, and Internet connections.
AAAS reserves the right at its discretion to share Licensee IP addresses that have been registered to access the Licensed Material with third parties as might be required for technical purposes such as facilitating user discovery and access via web search engines.
AAAS reserves the right at its discretion to change, modify, add or remove the Terms and Conditions for this Institutional Sitewide Subscription Agreement at any time. Such changes shall be posted on the Science Online website, and all Licensees shall be notified of such changes. A Licensee's continued use of the Science Online materials following the posting and such notification of any change to these Terms and Conditions will constitute acceptance by the Subscriber of the Terms and Conditions as modified.
AAAS maintains the Science Online site including Science, Science Classic, Science Express, ScienceNOW, Science Signaling, and Science Translational Medicine primarily as a service to its members and the scientific community. AAAS holds the copyright for all works published herein, as a compilation and as to the individual articles, collectively and individually, unless otherwise expressly noted. Licensee agrees to be bound by copyright law with respect to use of the site. Moderate downloading, printing, or saving of material for personal, scholarly, or educational, noncommercial use is permissible, only to the extent consistent with the "fair use" doctrine. Downloading portions of the Licensed Materials for the purpose of creating systematic and persistent local copies (not including transient, dynamic caches of individually requested material) for redistribution is prohibited. Extensive downloading, printing, or saving of articles by Authorized Users is not permitted. No commercial use (e.g., printing to resell or redistribute to nonpaying or nonauthorized users) of any articles is permitted without prior, express written permission of AAAS. AAAS reserves the right to block or otherwise prevent the unauthorized use of any automated computer program or activity to search, index, test, download, or grab information from the Licensed Materials (including but not limited to web robots, spiders, and crawlers) that has a negative impact on AAAS's server or on the use of the Licensed Materials by others; unless such crawling is permitted via a separate Spidering Agreement signed by both parties.
AAAS permits Inter Library Loan (ILL) of articles or components of the Licensed Materials for noncommercial use in compliance with Section 108 of the United States Copyright Law (17 USC108, "limitations on exclusive rights: Reproduction by libraries and archives") and clause 3 for the Guidelines for the Proviso of Subsection 108(g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works. Additionally, Licensee's institution may use Science Online to supply single copies of articles to a requesting library by electronic transmission for ILL purposes as described above provided the requesting library is instructed to delete the electronic file immediately after delivery to the end user and provided the end user is instructed not to further distribute the article copy.
All costs necessary for accessing and viewing Science Online including Science, Science Classic, Science Express, ScienceNOW, Science Signaling, and Science Translational Medicine including equipment, software, phone lines, telecommunications, and Internet connections, will be borne by the institution or individuals who subscribe. AAAS provides access only for the term of this subscription, and does not undertake to ensure future access to the online archives once the subscription term has expired except as otherwise stipulated below. It is our intention to retain full-text versions of all articles for all past issues posted online and to continue to make this database available to all currently active subscribers. However, because AAAS cannot be certain of future technology, storage, or maintenance costs, AAAS cannot guarantee this access. AAAS reserves the right to remove all or portions of the archive of past issues, or to institute a charge for access to it in the future. Only current active subscribers are entitled to continued access to the archives and the current material, except as otherwise stipulated below.
Ongoing Access Rights to Science Classic for Licensees who make a One-Time Purchase of the Science Classic back issue file: AAAS intends to retain full-text versions of all articles for all issues within Science Classic and to continue to make this database available to all current Licensees provided they continue to pay the annual maintenance fee. In the unlikely event that it proves infeasible for the AAAS to maintain the ongoing availability of the contents of Science Classic, AAAS, intends to make the archive available to those Licensees who purchased Science Classic via the One-Time Purchase option through a trusted third party depository.
AAAS intends for the site to be available 24 hours per day, 7 days per week. However, AAAS will not be liable for damages or refunds should the site become unavailable temporarily or access to the site becomes slow or incomplete due to system back-up procedures, regular maintenance (which typically occurs 8-10am Pacific time each Saturday), Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause beyond the control of AAAS (including, but not limited to, force majeure events, networking problems, IP address changes) which may from time to time make the site inaccessible for Authorized Users. If the site cannot be accessed by Licensee in conformance with the terms of this Agreement, Licensee shall immediately notify AAAS and AAAS shall use reasonable efforts to restore access as soon as possible. In the event that AAAS fails to repair access within 48 hours after a reported outage, AAAS shall make adjustments to ensure Licensee receives the access Licensee has paid for under this Agreement upon Licensee's request.
While AAAS makes an effort to ensure the accuracy of content posted online, AAAS does not warrant or guarantee its accuracy, completeness, merchantability, or fitness to a particular purpose. In no case shall AAAS's aggregate liability for any content or accessibility problems with the site exceed the amount of subscription fees paid for Science, Science Classic, Science Express, ScienceNOW, Science Signaling, and Science Translational Medicine during the 12-month period preceding any claim or notice of damages.
While Licensee is not bound to monitor or enforce the specific uses made of the site by Authorized Users, Licensee agrees to the following:
- Licensee is responsible for creating and maintaining reasonable security measures, and posting policies to ensure that only Authorized Users will use the site. Licensee is prohibited from making agreements for access to Science Online including Science, Science Classic, Science Express, ScienceNOW, Science Signaling, and Science Translational Medicine with individuals, organizations, vendors, affiliates, or partners which are not a part of the same institution purchasing this subscription. Access to the site via open proxies and other nonauthenticated proxy servers is prohibited. Licensee affirms that all IP addresses in the range it lists for authorization are specifically controlled by the institution for workstations under its administrative control and for the use of individuals who meet the Authorized User criteria above.
- In the event that AAAS or Licensee becomes aware of abuses of the site emanating from any of Licensee's locations, the party aware of such abuse will notify the other, and both parties will 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, AAAS has the right to suspend access to the affected portion of the Licensee's site. Neither AAAS nor the Licensee will be liable for any damages beyond a prorated refund for the remaining unused portion of the subscription.
Licensee and its Authorized Users will have access to Forums, chat rooms, or discussion groups which may be posted from time to time on Science Online including Science, Science Classic, Science Express, ScienceNOW, Science Signaling, and Science Translational Medicine or other AAAS electronic products. AAAS is not obligated to post all comments from users. AAAS also has the right to remove, or simply not to post any comment it deems to be, or believes others may deem to be, offensive, libelous, slanderous, or otherwise illegal. A notice of these terms of usage will be posted at each discussion group. While it is not the Licensee's responsibility to enforce or monitor Authorized User behavior in such discussion groups, Licensee agrees to the following:
- Licensee's institution foregoes any claims it might have of copyright or 'moral rights' with respect to any of its employees' or authorized users' postings, except that Licensee's institution reserves the right to use such postings for educational purposes at Licensee's institution;
- Licensee agrees that AAAS's notice will not be blocked, removed, or edited in its system or gateway web page.
AAAS shall provide to Licensee usage data as provided as part of its standard package from HighWire Press on the number of downloads of TOCs, searches, abstracts, full-text HTML, and PDFs on a monthly basis for Licensee's private internal use only. Article usage by topic and top 10 articles may also be provided. Such usage data shall be compiled in a manner consistent with applicable privacy and data protection laws and as may be agreed between the parties from time to time, and the anonymity of individual users and the confidentiality of their searches shall be fully protected. AAAS confirms that such usage statistics are COUNTER compliant for Science, ScienceNOW, and Science Signaling.
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, and/or any other cause beyond the reasonable control of the party whose performance is affected.
Neither party will discriminate on the basis of race, color, national origin, religion, sex, age, disability, or veteran/Reserve/National Guard status in performing its obligations under this Agreement.