PUBLISHER'S ONLINE LICENCE AGREEMENT
THIS AGREEMENT is made 13 day of December, 2010
BETWEEN: World Scientific Publishing Co. Pte. Ltd., whose principal office is at No. 5
Toh Tuck Link, Singapore 596224 (“Publisher").
AND
The Non-for-profit Partnership National Electronic-Information Consortium
(NP NEICON) a body incorporated under the law of Russian Federation and
whose principal place of business is at 1/8, Armyanskiy lane, Moscow, Russia,
101000 (“Licensee”).
RECITALS
WHEREAS the Publisher holds the rights granted under this Licence;
AND WHEREAS the parties are desirous of reaching agreement to make access to the Licensed
Material available to authorised users of authorised institutions.
IT IS AGREED AS FOLLOWS
1.
DEFINITIONS
1.1
In this Agreement, the following terms shall have the following meanings:
"Acceptance of Sub-Licence Form" means the form as attached to the Sub-Licence
Agreement.
"Authorised Institution"
means an Institution, as listed in Schedule 4, that
has completed the Acceptance of Sub-Licence Form
attached to the Sub-Licence Agreement, for as long
as such agreement remains in effect.
"Authorised Users"
means individuals who are authorised by an
Authorised Institution to access the Authorised
Institution’s information services whether from a
computer or terminal on the Authorised Institution’s
Secure Network, or off site via a modem link to a
valid IP address on the Authorised Institution’s
Secure Network and who are affiliated to the
Authorised Institution as a current student, faculty
member or employee of the Authorised Institution.
Persons who are not a current student, faculty
member or an employee of the Authorised
Institution, but who are permitted to access the
Secure Network from computer terminals within the
Library Premises ["Walk-In Users"] are also
deemed to be Authorised Users, only for the time
1
they are within the Library Premises. Walk-In Users
may not be given means to access the Licensed
Material when they are not within the Library
Premises.
"Charges"
means the fee payable by an Authorised Institution
to the Licensee to access and use the Licensed
Material pursuant to a Sub-Licence Agreement.
"Commercial Use"
means use of the whole or parts of the Licensed
Material with a view to a commercial gain. For the
avoidance of doubt, neither recovery of direct costs
by the Consortium or any Authorised Institution
from Authorised Users, nor use by the Consortium
or an Authorised Institution or by an Authorised
User of the Licensed Materials in the course of
research funded by a commercial organisation, is
deemed to be Commercial Use.
"Educational Purposes"
means the use of parts of the Licensed Material for
the purpose of education, teaching, non-commercial
distance learning, private study and/or research.
"Fee"
means the fee set out in Schedule 1.
"Institution"
means an educational or research institution or any
other institution located in the Russian Federation
for which the Licensee may provide support and/or
services by law or under contract from time to time.
Eligible Institutions are listed in Schedule 4.
"Licensed Material"
means the material listed in Schedule 2 or in new
Schedules to this License that may be agreed by the
parties from time to time.
"Library Premises"
means the physical premises of the library or
libraries operated by an Authorised Institution.
"Secure Network"
means a network (whether a stand alone network or
a virtual network within the Internet) which is only
accessible to Authorised Users whose identities are
authenticated by the Authorised Institution at the
time of log-in and periodically thereafter consistent
with current best practice and whose conduct is
subject to regulation by the Authorised Institution.
A cache server or other server or network which can
be accessed by unauthorised users is not a Secure
Network for these purposes.
"Sub-Licence Agreement"
means such sub-licence as may from time to time be
granted by the Licensee to Institutions for accessing
2
the Licensed Material in the form as set out in
Schedule 5.
1.2
Headings contained in this Agreement are for reference purposes only and shall not be
deemed to be an indication of the meaning of the clause to which they relate.
1.3
Where the context so implies, words importing the singular number shall include the
plural and vice versa and words importing the masculine shall include the feminine and
vice versa.
2.
AGREEMENT
2.1
The Publisher agrees to provide access to and allow the use of the Licensed Material
under the terms as set out in Schedule 5 and the Licensee agrees to sub-license the use of
the Licensed Material to Institutions listed in Schedule 4 under the terms of this
Agreement in consideration of the Fee to be paid to the Publisher in accordance with the
provisions of Schedule 1. Licensee can replace some members during the year after
advance approval from the Publisher.
3.
GRANT OF LICENCE
3.1
The Publisher hereby grants to the Licensee a non-exclusive licence to access and use the
Licensed Material, in accordance with the Sub-Licence Agreement as attached hereto in
Schedule 5, and the right to grant to any Institution which has signed the Acceptance of
Sub-Licence Form a sub-licence to access and use the Licensed Material in accordance
with the Sub-Licence Agreement as attached hereto in Schedule 5.
3.2
The Licensee agrees to only grant licenses to access and use the Licensed Material to
Authorised Institutions in accordance with the Sub-License Agreement as attached hereto
in Schedule 5.
3.3
The Sub-Licence Agreement will allow access and use of the Licensed Material by
Authorised Users throughout the term of such Agreement by means of a Secure Network
and for Educational Purposes only.
4.
RESPONSIBILITIES OF THE PUBLISHER
4.1
The Publisher shall:
4.1.1. provide access and allow use of the Licensed Material in accordance with the
provisions as laid down in the PUBLISHER'S ONLINE Sub-Licence Agreement as
attached hereto in Schedule 5;
4.1.2. make the Licensed Material available to the Authorised Institutions from the
Publisher’s server in the format and time schedule specified in Schedule 2;
4.1.3 provide for customer support services to Authorised Institutions and to their
Authorised Users via e-mail or phone, including answering e-mail inquiries relating to
the use, functionality and content of the Licensed Material;
3
4.1.4. provide electronic product documentation free of charge. The Publisher allows
copies of all documentation to be made and distributed to Authorised Institutions
provided it is either duplicated in full, or a proper ownership acknowledgement is
included;
5.
RESPONSIBILITIES OF THE LICENSEE
5.1
The Licensee shall:
5.1.1. use all reasonable efforts to ensure that all the Authorised Institutions comply with
the terms of the Sub-Licence Agreement. The Licensee will immediately on becoming
aware of any unauthorised use or other breach notify the Publisher and take all reasonable
steps to ensure that such activity ceases and to prevent any recurrence;
5.1.2. set Charges for and collect payments from the Institutions that have signed the
Acceptance of Sub-Licence Form;
5.1.3. promote and publicise the availability of the Licensed Materials to the Institutions;
5.1.4. require from those Institutions that wish to enter into a Sub-Licence Agreement to
return to the Licensee or to a subscription agent appointed by the Licensee the
Acceptance of Sub-Licence Form, duly completed and signed by the Institution;
5.1.5. promptly pass the details of such Institution to the Publisher and provide a copy of
such signed agreement to the Publisher;
5.1.6. require the Authorised Institutions to provide lists of IP addresses to the Publisher
and update those lists on a regular basis the frequency of which will be agreed by the
parties from time to time.
5.1.7. In the event of expiration or termination, Licensee may retain indefinitely
materials pertaining to the period commencing on the commencement of this agreement
and ending upon the termination or expiration of this agreement provided that Licensee
continue to observe its obligations with respect to security and restrictions on use.
6.
USAGE DATA
6.1
Publisher and the Licensee shall both be permitted or are permitted to enable a third party
on their behalf to collect and distribute among the interested organizations the data on the
database usage by the Authorized Users in accordance with Schedule 3. Such usage data
shall be compiled in a manner consistent with the applicable privacy and data protection
laws that may from time to time apply to the parties.
7.
SECURITY
7.1
Access to the Licensed Material by Authorised Institutions and the Licensee is only
permitted by means of a Secure Network and will be controlled through the use of IP
addresses and/or passwords or by such other means as may be agreed by the parties from
time to time.
8.
PAYMENT
4
8.1
The Publisher will invoice the Licensee for the Fee payable and due at the address set out
below:
NP NEICON, 13/17 B. Kozlovskiy lane,
Moscow, Russia, 107078
8.2
The terms of payment to the Publisher are set out in Schedule 1 hereto.
9.
TERM AND TERMINATION
9.1
The term of this Agreement will commence on January 01, 2011 and will remain in full
force and effect for one year, unless terminated earlier as provided for in this Clause 9.
9.2
Any party may terminate this Agreement at any time on the material or persistent breach
by the other of any obligation on its part under this Agreement by serving a written notice
on the other identifying the nature of the breach. The termination will become effective
thirty days after receipt of the written notice unless during the relevant period of thirty
(30) days the defaulting party remedies the breach forthwith by written notice to the other
party.
9.3
Upon termination of this Agreement by the Publisher due to a material or persistent
breach by the Licensee, the Publisher shall cease to authorise all on-line access to the
Licensed Materials by Authorised Institutions and Authorised Users. All rights under this
Agreement and the Sub-Licence Agreement will be automatically terminated, except for
such rights of action as will have accrued prior to such termination and any obligation
which expressly or impliedly continue in force after such termination.
9.4
Upon termination of this Agreement by the Licensee due to a material or persistent
breach by the Publisher, the Publisher will reimburse the Licensee a pro rata proportion
of the then remaining Fee for the unexpired period of this Agreement.
9.5
Upon termination of this Agreement, the Publisher will provide the Authorised
Institutions and their Authorised Users with access to the full text of the Licensed
Material which was published and paid for during the term of this Agreement, either by
continuing online access via the Publishers’ server or by supplying the electronic files in
a medium and format mutually agreed between the parties to the Authorised Institutions
without charge. Such electronic files may be stored and accessed by the Authorised
Institutions via eLibrary.ru. The full text of the electronic files may not be resold at any
time; this remains in effect in perpetuity. Continuing archival access is subject to the
terms and conditions of use of this Licence.
10.
ACKNOWLEDGEMENT
PROPERTY RIGHTS
AND
PROTECTION
OF
INTELLECTUAL
10.1 The Licensee acknowledges that all copyrights, patent rights, trademarks,
database rights, trade secrets and other intellectual property rights relating to the Licensed
Material, are the property of the Publisher or duly licensed to the Publisher and that this
Agreement does not assign or transfer to the Licensee any right, title or interest therein
except for the right to use the Licensed Material in accordance with the terms and
conditions of this Agreement.
11.
REPRESENTATION, WARRANTIES AND INDEMNIFICATION
5
11.1
The Publisher warrants to the Licensee that it is entitled to grant the licence in this
Agreement and that the use of the Licensed Material as contemplated in this Agreement
and the Sub-Licence Agreement will not infringe any copyright or other proprietary or
intellectual property rights of any natural or legal person. The Publisher agrees that the
Licensee shall have no liability and the Publisher will indemnify, defend and hold the
Licensee harmless against any and all direct damages, liabilities, claims, causes of action,
attorneys' fees and costs incurred by the Licensee or Authorised Institutions in defending
against any third party claim of intellectual property rights infringements or threats of
claims thereof with respect of the Licensee's and Authorised Institution's use of the
Licensed Material, provided that: (1) the use of the Licensed Material has been in full
compliance with the terms and conditions of this Agreement and the Sub-Licence
Agreement; (2) the Licensee and Authorised Institution(s) provide the Publisher with
prompt notice of any such claim or threat of claim; (3) the Licensee co-operates fully
with the Publisher in the defence or settlement of such claim; and (4) the Publisher has
sole and complete control over the defence or settlement of such claim.
11.2
The Publisher reserves the right to change the content, presentation, user facilities or
availability of parts of the Licensed Material and to make changes in any software used to
make the Licensed Material available at their sole discretion. The Publisher will notify
the Authorised Institutions of any substantial change to the Licensed Material.
11.3
While the Publisher has no reason to believe that there are any inaccuracies or defects in
the information contained in the Licensed Material, the Publisher makes no
representation and gives no warranty express or implied with regard to the information
contained in or any part of the Licensed Material including (without limitation) the
fitness of such information or part for any purposes whatsoever and the Publisher accepts
no liability for loss suffered or incurred by the Authorised Institutions or Authorised
Users as a result of their reliance on the Licensed Material.
11.4
In no circumstances will the Publisher be liable to the Licensee for any loss resulting
from a cause over which the Publisher does not have direct control, including but not
limited to failure of electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, unauthorised access, theft, or operator errors.
11.5
The Licensee agrees to notify the Publisher immediately and provide full particulars in
the event that it becomes aware of any actual or threatened claims by any third party in
connection with any works contained in the Licensed Material. It is expressly agreed that
upon such notification, or if the Publisher becomes aware of such a claim from other
sources, the Publisher may remove such work(s) from the Licensed Material. Failure to
report knowledge of any actual or threatened claim by any third party shall be deemed a
material breach of this Agreement.
11.6
Nothing in this Agreement shall make the Licensee liable for breach of the terms of this
Agreement by any Authorised Institution or Authorised User provided that the Licensee
did not cause, knowingly assist or condone the continuation of such breach after
becoming aware of an actual breach having occurred.
11.7
The Licensee shall cause for Authorised Institutions to undertake to the Publisher that the
Institution’s computer system through which Licensed Material will be used is
configured, and procedures are in place, to prohibit access to the Licensed Material by
any person other than an Authorised User, that it shall inform the Authorised Users about
the conditions of use of the Licensed Material, and that during the term of this
6
Agreement, Authorised Institutions will continue to make best efforts to bar nonpermitted access and to convey appropriate use information to its Authorised Users.
12.
FORCE MAJEURE
12.1 Either party’s failure to perform any term or condition of this Agreement as result of
circumstances beyond the control of the relevant party (including without limitation, war,
strikes, flood, governmental restrictions, and power, telecommunications or Internet
failures or damages to or destruction of any network facilities) [“Force Majeure”] shall
not be deemed to be, or to give rise to, a breach of this Agreement.
12.2 If either party to this Agreement is prevented or delayed in the performance of
any of its obligations under this Agreement by Force Majeure and if such party gives
written notice thereof to the other party specifying the matters constituting Force Majeure
together with such evidence as it reasonably can give and specifying the period for which
it is estimated that such prevention or delay will continue, then the party in question shall
be excused the performance or the punctual performance as the case may be as from the
date of such notice for so long as such cause of prevention or delay shall continue.
13.
ASSIGNMENT
13.1 Save as permitted for under this Agreement, neither this Agreement nor any of the
rights under it may be assigned by either party without obtaining the prior written consent
of the other party. All the terms of this Agreement will be binding upon any permitted
successor to any party.
14.
GOVERNING LAW AND DISPUTE RESOLUTION
14.1 This Agreement shall be governed by and construed in accordance with English law
and the parties irrevocably agree that any dispute arising out of or in connection with this
Agreement will be subject to and within the jurisdiction of the English courts.
14.2 Where the parties agree that a dispute arising out or in connection with this
Agreement would best be resolved by the decision of an expert, they will agree upon the
nature of the expert required and together appoint a suitable expert by agreement. In
default of agreement upon whom to appoint as a suitable expert, such expert shall upon
request of either party be appointed by a professional or academic body chosen by mutual
agreement of the parties.
14.3 Any person to whom a reference is made under Clause 14.2 shall act as expert
and not as an arbitrator and his decision (which shall be given by him in writing and shall
state the reasons for his decision) shall be final and binding on the parties except in the
case of manifest error or fraud.
14.4 Each party shall provide the expert with such information and documentation as
he may reasonably require for the purposes of his decision.
14.5 The costs of the expert shall be borne by the parties in such proportions as the expert
may determine to be fair and reasonable in all circumstances or, if no determination is
made by the expert, by the parties in equal proportions.
7
15.
NOTICES
15.1
All notices required to be given under this Agreement shall be given in writing in English
and sent by electronic mail, fax or first class registered or recorded delivery to the
relevant addressee at its address set out below, or to such other address as may be notified
by either party to the other from time to time under this Agreement, and all such notices
shall be deemed to have been received (a) 24 hours after successful transmission in the
case of electronic mail or fax; (b) fourteen (14) days after the date of posting in the case
of first class registered or recorded delivery:
16.
if to the Licensee:
Alexander Kuznetsov,
13/17 B.Kozlovskiy lane, Moscow, Russia, 107078
phone 7-095-921-6005,
fax 7-095-928-1804
e-mail kouz@neicon.ru
if to the Publisher:
Tonelim Tai (Ms), Senior Manager,
Electronic Publishing Department
World Scientific Publishing Co. Pte. Ltd
No. 5 Toh Tuck Link, Singapore 596224
Tel: 65-6466-5775 (Ext 528)
Fax: 65-6467-7667
Email: tltai@wspc.com.sg
GENERAL
16.1 This Agreement and its Schedules constitute the entire agreement between the
parties relating to the Licensed Material and supersede all prior communications,
understandings and agreements (whether written or oral) relating to its subject matter and
may not be amended or modified except by agreement of both parties in writing.
16.2 The Schedules shall have the same force and effect as if expressly set in the body
of this Agreement and any reference to this Agreement shall include the Schedules.
16.3 No provision in this Agreement is intended to be enforceable by a person who is
not a party to this Agreement.
16.4 The invalidity or unenforceability of any provision of this Agreement shall not
affect the continuation in force of the remainder of this Agreement.
16.5 The rights of the parties arising under this Agreement shall not be waived except
in writing. Any waiver of any of a party's rights under this Agreement or of any breach of
this Agreement by the other party shall not be construed as a waiver of any other rights or
of any other or further breach. Failure by either party to exercise or enforce any rights
conferred upon it by this Agreement shall not be deemed to be a waiver of any such
rights or operate so as to bar the exercise or enforcement thereof at any subsequent time
or times.
8
IN WITNESS the hands of the above parties on the date first above written: SIGNED by:
________________________/Doreen Liu/
Managing Director
(Stamp)
for and on behalf of
Publisher
SIGNED by:
________________________/Alexander Kuznetsov/
Executive director
(Stamp)
for and on behalf of
NP NEICON
9
SCHEDULE 2. LICENSED MATERIALS
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Journal
Abbr.
AA
AADA
AC
ACRJ
ACS
AEJM
AJCM
APBN
APJOR
ASR
BME
BRL
CCE
CCM
CEJ
CM
COSMOS
DMAA
FML
FNL
FRACTALS
GTR
HS
IDAQP
IGTR
IJAC
IJACR
IJAIT
IJAM
IJB
IJBC
IJCGA
IJCIA
IJCIS
IJCM
IJCPOL
IJFCS
IJGMMP
IJHR
IJHSES
Title
Analysis and Applications
Advances in Adaptive Data Analysis
Algebra Colloquium
Asian Case Research Journal
Advances in Complex Systems
Asian-European Journal of Mathematics
The American Journal of Chinese Medicine
Asia-Pacific Biotech News
Asia-Pacific Journal of Operational Research
Advances in Synchrotron Radiation
Biomedical Engineering : Applications, Basis and Communications
Biophysics Reviews and Letters
Climate Change Economics
Communications in Contemporary Mathematics
Coastal Engineering Journal
Confluentes Mathematici
COSMOS
Discrete Mathematics, Algorithms and Applications
Functional Materials Letters
Fluctuation and Noise Letters
Fractals
Gene Therapy and Regulation
Hand Surgery
Infinite Dimensional Analysis, Quantum Probability and Related Topics
International Game Theory Review
International Journal of Algebra and Computation
International Journal of Air-Conditioning and Refrigeration
International Journal on Artificial Intelligence Tools
International Journal of Applied Mechanics
International Journal of Biomathematics
International Journal of Bifurcation and Chaos
International Journal of Computational Geometry and Applications
International Journal of Computational Intelligence and Applications
International Journal of Cooperative Information Systems
International Journal of Computational Methods
International Journal of Computer Processing of Languages
International Journal of Foundations of Computer Science
International Journal of Geometric Methods in Modern Physics
International Journal of Humanoid Robotics
International Journal of High Speed Electronics and Systems
10
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
IJIA
IJIG
IJIM
IJITDM
IJITM
IJM
IJMC
IJMPA
IJMPB
IJMPC
IJMPD
IJMPE
IJMSSC
IJN
IJNS
IJNT
IJPIXE
IJPRAI
IJQI
IJRQSE
IJSC
IJSEKE
IJSM
IJSSD
IJTAF
66
IJUFKS
67
IJWMIP
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
JAA
JAD
JAMS
JBCB
JBS
JCA
JCSC
JDE
JEAPM
JEC
JET
JHDE
JICEP
JIKM
JIN
International Journal of Information Acquisition
International Journal of Imaging and Graphics
International Journal of Innovation Management
International Journal of Information Technology & Decision Making
International Journal of Innovation and Technology Management
International Journal of Mathematics
International Journal of Machine Consciousness
International Journal of Modern Physics A
International Journal of Modern Physics B
International Journal of Modern Physics C
International Journal of Modern Physics D
International Journal of Modern Physics E
International Journal of Modeling, Simulation and Scientific Computing
International Journal of Nanoscience
International Journal of Neural Systems
International Journal of Number Theory
International Journal of PIXE
International Journal of Pattern Recognition and Artificial Intelligence
International Journal of Quantum Information
International Journal of Reliability, Quality and Safety Engineering
International Journal of Semantic Computing
International Journal of Software Engineering and Knowledge Engineering
International Journal of Shape Modeling
International Journal of Structural Stability and Dynamics
International Journal of Theoretical and Applied Finance
International Journal of Uncertainty, Fuzziness and Knowledge-Based
Systems
International Journal of Wavelets, Multiresolution and Information
Processing
Journal of Algebra and Its Applications
Journal of Advanced Dielectrics
Journal of Advanced Manufacturing Systems
Journal of Bioinformatics and Computational Biology
Journal of Biological Systems
Journal of Computational Acoustics
Journal of Circuits, Systems and Computers
Journal of Developmental Entrepreneurship
Journal of Environmental Assessment Policy and Management
Journal of Enterprising Culture
Journal of Earthquake and Tsunami
Journal of Hyperbolic Differential Equations
Journal of International Commerce, Economics and Policy
Journal of Information & Knowledge Management
Journal of Integrative Neuroscience
11
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
JIOHS
JKTR
JML
JMM
JMMB
JMR
JNMP
JNOPM
JOIN
JPP
JTA
JTCC
M3AS
MEDJ
MPLA
MPLB
Nano
NL
NMNC
OSID
PPL
RAST
RMP
RPBFMP
SD
SER
SRF
SRL
Journal of Innovative Optical Health Sciences
Journal of Knot Theory and Its Ramifications
Journal of Mathematical Logic
Journal of Multiscale Modeling
Journal of Mechanics in Medicine and Biology
Journal of Musculoskeletal Research
Journal of Nonlinear Mathematical Physics
Journal of Nonlinear Optical Physics & Materials
Journal of Interconnection Networks
Journal of Porphyrins and Phthalocyanines
Journal of Topology and Analysis
Journal of Theoretical and Computational Chemistry
Mathematical Models and Methods in Applied Sciences
Middle East Development Journal
Modern Physics Letters A
Modern Physics Letters B
Nano
Nano LIFE
New Mathematics and Natural Computation
Open Systems & Information Dynamics
Parallel Processing Letters
Reviews in Accelerator Science and Technology
Reviews in Mathematical Physics
Reviews of Pacific Basin Financial Markets and Policies
Stochastic and Dynamics
The Singapore Economic Review
Systems Research Forum
Surface Review and Letters
Publisher will make the Licensed Materials available via Publisher’s internet platform
www.worldscinet.com/ to those institutions that have signed the Sub-License Agreement
attached hereto in Schedule 5.
12
SCHEDULE 3: USAGE DATA
The publisher will deliver usage statistics to Neicon on a quarterly basis.
For provision to The Not-For-Profit Partnership National Electronic-Information Consortium
(NP NEICON)
Data on the usage by each Authorised Institution of each journal title, showing for each title:
- the participating publisher;
- the participating Authorised Institution; and
- the number of hits on tables of contents, abstracts and full texts.
For provision to each Authorised Institution:
- the participating publisher; and
- the number of hits on table of contents, abstracts and full texts for each title per month.
SCHEDULE 4: ELIGIBLE INSTITUTIONS
Access to PUBLISHER’S ONLINE COLLECTION only valid for Russian non-commercial
Institutions.
13
SCHEDULE 5: SUB-LICENCE AGREEMENT
WORLDSCINET INSTITUTIONAL USER SUB-LICENSE AGREEMENT
1. By signing this license agreement (the “Agreement”), the Subscribing Institution identified in
the form below (the “Subscriber”) agrees to the terms and conditions set forth in this Agreement.
In turn, World Scientific Publishing Pte Ltd (“World Scientific”) grants the Subscriber and
Authorized Users (as defined in Clause 2 below) the right to access online versions of the
Journals indicated below, subject to and on the terms and conditions of this Agreement.
Subscribing Institution:
Address:
Subscriber Account No. (if known):
If subscribing through an agency, please give name of agency:
Contact Person responsible for administration of online journals:
Name:
Address:
Telephone:
Fax:
Email:
Free E-Newsletter : Yes / No
(Please print clearly. Notification that online access is active will be sent to this address. The
Subscriber agrees to send notice of any changes to the particulars above to this e-mail address:
journal@wspc.com.sg)
For the purposes of this Agreement, World Scientific is acting on its own behalf and as a service
provider to its publishing customer(s) mentioned below as the respective copyright owner(s) of
the journals listed in the paragraphs below (the “Journals”). The “Online Journals” referred to in
this Agreement are the electronic versions of the Journals to which the Subscriber maintains a
valid and current paid institutional subscription (an “Institutional Subscription”). The Subscriber
is to indicate the Journals to which the Subscriber has an Institutional Subscription by marking
the appropriate boxes below. The Subscriber’s indication by marking is subject to confirmation
by World Scientific as well as subsequent amendments due to future Institutional Subscription
purchases or cancellations by the Subscriber.
14
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Journal
Abbr.
AA
AADA
AC
ACRJ
ACS
AEJM
AJCM
APBN
APJOR
ASR
BME
BRL
CCE
CCM
CEJ
CM
COSMOS
DMAA
FML
FNL
FRACTALS
GTR
HS
IDAQP
IGTR
IJAC
IJACR
IJAIT
IJAM
IJB
IJBC
IJCGA
IJCIA
IJCIS
IJCM
IJCPOL
IJFCS
IJGMMP
IJHR
IJHSES
IJIA
Title
Analysis and Applications
Advances in Adaptive Data Analysis
Algebra Colloquium
Asian Case Research Journal
Advances in Complex Systems
Asian-European Journal of Mathematics
The American Journal of Chinese Medicine
Asia-Pacific Biotech News
Asia-Pacific Journal of Operational Research
Advances in Synchrotron Radiation
Biomedical Engineering : Applications, Basis and Communications
Biophysics Reviews and Letters
Climate Change Economics
Communications in Contemporary Mathematics
Coastal Engineering Journal
Confluentes Mathematici
COSMOS
Discrete Mathematics, Algorithms and Applications
Functional Materials Letters
Fluctuation and Noise Letters
Fractals
Gene Therapy and Regulation
Hand Surgery
Infinite Dimensional Analysis, Quantum Probability and Related Topics
International Game Theory Review
International Journal of Algebra and Computation
International Journal of Air-Conditioning and Refrigeration
International Journal on Artificial Intelligence Tools
International Journal of Applied Mechanics
International Journal of Biomathematics
International Journal of Bifurcation and Chaos
International Journal of Computational Geometry and Applications
International Journal of Computational Intelligence and Applications
International Journal of Cooperative Information Systems
International Journal of Computational Methods
International Journal of Computer Processing of Languages
International Journal of Foundations of Computer Science
International Journal of Geometric Methods in Modern Physics
International Journal of Humanoid Robotics
International Journal of High Speed Electronics and Systems
International Journal of Information Acquisition
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IJIG
IJIM
IJITDM
IJITM
IJM
IJMC
IJMPA
IJMPB
IJMPC
IJMPD
IJMPE
IJMSSC
IJN
IJNS
IJNT
IJPIXE
IJPRAI
IJQI
IJRQSE
IJSC
IJSEKE
IJSM
IJSSD
IJTAF
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IJUFKS
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IJWMIP
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JAA
JAD
JAMS
JBCB
JBS
JCA
JCSC
JDE
JEAPM
JEC
JET
JHDE
JICEP
JIKM
JIN
JIOHS
International Journal of Imaging and Graphics
International Journal of Innovation Management
International Journal of Information Technology & Decision Making
International Journal of Innovation and Technology Management
International Journal of Mathematics
International Journal of Machine Consciousness
International Journal of Modern Physics A
International Journal of Modern Physics B
International Journal of Modern Physics C
International Journal of Modern Physics D
International Journal of Modern Physics E
International Journal of Modeling, Simulation and Scientific Computing
International Journal of Nanoscience
International Journal of Neural Systems
International Journal of Number Theory
International Journal of PIXE
International Journal of Pattern Recognition and Artificial Intelligence
International Journal of Quantum Information
International Journal of Reliability, Quality and Safety Engineering
International Journal of Semantic Computing
International Journal of Software Engineering and Knowledge Engineering
International Journal of Shape Modeling
International Journal of Structural Stability and Dynamics
International Journal of Theoretical and Applied Finance
International Journal of Uncertainty, Fuzziness and Knowledge-Based
Systems
International Journal of Wavelets, Multiresolution and Information
Processing
Journal of Algebra and Its Applications
Journal of Advanced Dielectrics
Journal of Advanced Manufacturing Systems
Journal of Bioinformatics and Computational Biology
Journal of Biological Systems
Journal of Computational Acoustics
Journal of Circuits, Systems and Computers
Journal of Developmental Entrepreneurship
Journal of Environmental Assessment Policy and Management
Journal of Enterprising Culture
Journal of Earthquake and Tsunami
Journal of Hyperbolic Differential Equations
Journal of International Commerce, Economics and Policy
Journal of Information & Knowledge Management
Journal of Integrative Neuroscience
Journal of Innovative Optical Health Sciences
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JKTR
JML
JMM
JMMB
JMR
JNMP
JNOPM
JOIN
JPP
JTA
JTCC
M3AS
MEDJ
MPLA
MPLB
Nano
NL
NMNC
OSID
PPL
RAST
RMP
RPBFMP
SD
SER
SRF
SRL
Journal of Knot Theory and Its Ramifications
Journal of Mathematical Logic
Journal of Multiscale Modeling
Journal of Mechanics in Medicine and Biology
Journal of Musculoskeletal Research
Journal of Nonlinear Mathematical Physics
Journal of Nonlinear Optical Physics & Materials
Journal of Interconnection Networks
Journal of Porphyrins and Phthalocyanines
Journal of Topology and Analysis
Journal of Theoretical and Computational Chemistry
Mathematical Models and Methods in Applied Sciences
Middle East Development Journal
Modern Physics Letters A
Modern Physics Letters B
Nano
Nano LIFE
New Mathematics and Natural Computation
Open Systems & Information Dynamics
Parallel Processing Letters
Reviews in Accelerator Science and Technology
Reviews in Mathematical Physics
Reviews of Pacific Basin Financial Markets and Policies
Stochastic and Dynamics
The Singapore Economic Review
Systems Research Forum
Surface Review and Letters
TERMS AND CONDITIONS
2.
Authorized Users
World Scientific grants to the Subscriber and Authorized Users (as defined below) online access
via WorldSciNet to each Online Journal for which the Subscriber maintains an Institutional
Subscription. This grant extends only to the Subscriber and such Authorized Users individually
and may not be transferred to or extended to others.
For the purposes of this Agreement, “Authorized Users” means only the employees, faculty, staff
and students officially affiliated with the Subscriber and persons granted legal access by the
Subscriber to the Subscriber’s library collections and facilities. The Subscriber and the
Authorized Users must always use an Internet Protocol address (“IP Address”) within the range
entered and accepted in this Agreement. Authorized Users may be persons remote from the
Subscriber’s physical location whose access is administered from the Subscriber’s site or
campus, but not persons at remote sites or campuses with separate administrations.
17
The Subscriber will exercise reasonable vigilance and shall be responsible for all access control
and security measures necessary to ensure that the Subscriber’s IP Addresses are not used by
persons other than the Subscriber or Authorized Users to access WorldSciNet.
The Subscriber warrants and represents that it will inform Authorized Users of these terms and
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3.
IP Addresses
Authorized Users will be recognized and authorized by their IP Address.
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Permitted Use
The Subscriber and Authorized Users are permitted access to WorldSciNet as indicated in Clause
1 and 2 above, and may download, save, or print text, articles, abstracts, output, search results, or
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The Subscriber and Authorized Users may only access WorldSciNet in a way that conforms with
all applicable laws and regulations.
The copyright owner of each Online Journal grants the Subscriber and Authorized Users
permission to make brief quotations from the text of Online Journal articles provided that the
Journal source is acknowledged, and to copy and transmit text from individual Online Journal
articles in “person-to-person” and non-systematic scholarly exchanges of information between
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The Subscriber specifically agrees that use by the Subscriber or Authorized Users other than
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Altering, recompiling, systematic or programmatic copying, reselling, redistributing, publishing
or republishing (beyond such use as is allowed under Clause 4) of any Online Content, or any
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of service bureau redistribution services in relation to Online Content, printing of Online Content
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6. Duration of Agreement
18
This Agreement will become effective on receipt by World Scientific of the Agreement signed
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This Agreement will terminate:
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reason, knowingly or unknowingly, provided that the breach is not remedied by the
Subscriber within the thirty (30) day notification period.
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change in the terms and conditions of this Agreement and the receipt by World Scientific of
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change. (In the absence of any such objection by the Subscriber, World Scientific’s new
terms and conditions shall apply).
This Agreement shall renew automatically for the term of any Institutional Subscription upon
receipt by World Scientific of payment for that subscription.
7.
Copyright
The Online Journals and their Online Content, including abstracts, are copyrighted as indicated
in Clause 1 or as indicated within the Journal or the Online Journal. Unauthorized copying or
redistribution of any copyright-protected Online Journal or Online Content is a violation of
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Following online access approval, the Subscriber and Authorized Users will be permitted to
attempt online access to WorldSciNet at any time. World Scientific will not be liable for any
delay, downtime, transmission error, software or equipment incompatibilities, force majeure or
other failure of performance. World Scientific will use commercially reasonable efforts to
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9.
Official Version of Record
World Scientific will use commercially reasonable efforts to ensure that the online versions of
the Journals correspond in content with the print versions, but World Scientific does not
guarantee that they do. In the event of any discrepancy between the print and online versions,
the print version will be the official version of record.
10. Usage Rights of Lapsed Subscribers
World Scientific will use reasonable efforts to retain in an archive all electronic information
published by World Scientific. With effect from the 2007 subscription year, the Subscriber will
be entitled to access to the issues of the Journal in the current volume ("Current Contents") and
to issues of the Journal published in the preceding years back to and including 2001
("Contemporary Contents").
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Upon the lapse of any Institutional Subscription, the Subscriber will continue to have access to
Current Contents for one subsequent year only, but will cease to have access to Contemporary
Contents, except where it pays an annual maintenance fee to retain access to those volumes of
Contemporary Contents to which it had subscribed. The Subscriber may purchase Contemporary
Contents not previously held on paid subscription at special rates, and shall continue to have
access to the same subject only to the payment of the annual maintenance fee.
Contents published in volumes of the Journal in 2000 and in previous years ("WorldSciNet
Journal Archives") are available separately either for purchase by paying a single fee or on
subscription by paying an annual Access Fee.
Where the Subscriber has chosen to purchase previous subscribed volumes of Contemporary
Contents on DVD-ROM, it will be permitted to copy the content thereof on to the Subscriber's
information systems and to redistribute such content to Authorized Users within a single library
building. Any hardware or software required to view or distribute content from the Physical
Archive Article will be the responsibility of the Subscriber. The definitions of Authorized Users
and allowed and prohibited uses of Online Content as provided in this Agreement shall otherwise
apply with all necessary modifications to the use of any such DVD-ROM content. Upon lapse of
any Institutional Subscription, no additional service is provided. Lost or damaged content on any
DVD-ROM may be replaced with copies in the then-current format for the then-current fee.
11.
Disclaimer of Warranties; Limitation of Liability; Indemnification
World Scientific warrants that it is entitled to grant the licenses granted in this Agreement, and is
authorized to execute this Agreement on behalf of the publishing customers indicated in Clause
1. Except as set forth in the preceding sentence, World Scientific makes no warranty or
representation of any kind, express or implied, with respect to the Online Journals and
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performance, merchantability or fitness for a particular purpose.
World Scientific shall not be liable for: exemplary, special, direct, indirect, incidental,
consequential or other damages arising out of or in connection with the licenses granted
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performance under this Agreement, termination of this Agreement by World Scientific, viruses
or bugs which may be contained in or caused by use of WorldSciNet or the Online Journals or
the loss of data, business or goodwill. In no event shall the total aggregate liability of World
Scientific for any claims, losses or damages arising out of any breach or termination of this
Agreement exceed the total amount paid by the Subscriber to World Scientific for the
Institutional Subscription for the current subscription year in which such claim, loss or damage
occurred, whether in contract, tort or otherwise, including without limitation, due to negligence.
No claim may be made against World Scientific unless the suit is filed thereon within one (1)
year after the event giving rise to the claim.
World Scientific and the subscriber shall indemnify and hold each other harmless for any losses,
claims, damages, awards, penalties, or injuries incurred, including reasonable attorney’s fees,
which arise from any alleged breach of the indemnifying party’s representations and warranties
made under this Agreement, provided that the indemnifying party is promptly notified of any
such claims.
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The indemnifying party shall have the right to defend such claims at its own expense. The other
party shall provide assistance in investigating and defending such claims as the indemnifying
party may reasonably request and have the right to participate in the defense at its own expense.
12.
General
This Agreement, excluding the Appendix but including Clause 1, any entries made to all
accompanying forms prior to delivery by the Subscriber of this Agreement to World Scientific
for signing shall constitute the entire agreement between the Parties and supersedes any and all
prior or contemporaneous agreements, representations, warranties, and understandings between
the Parties with respect to the specific subject matter of this Agreement.
The headings used in this Agreement are for convenience only and are not to be considered in
construing the terms and conditions of this Agreement.
Subject to termination under Clause 6, this Agreement may be amended only by the consent (via
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changes in the terms and conditions of this Agreement, lack of response by the Subscriber within
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If for any reason, a court of competent jurisdiction finds any provision of this Agreement, or
portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of this Agreement, and the remainder of this Agreement
shall continue in full force and effect and shall in no way be affected, impaired or invalidated.
I have read and agree to adhere to and abide by all the terms and conditions stated above, and I
certify that I am authorized to sign this Agreement on behalf of the Subscribing Institution
identified in Clause 1 above.
Name: __________________________________
Title: _________________________
Signature: _______________________________
Date: ___________________________
Please mail the completed and signed Agreement to:
World Scientific Publishing Co Pte Ltd
5 Toh Tuck Link
Singapore 596224
Email: journal@wspc.com.sg
Fax: (65) 6467 7667
For World Scientific use only:
Agreement No.:
_________________________
WSPC Signature:
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Date:
_________________________
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USER SUB-LICENSE APPENDIX
INSTITUTIONAL IP ADDRESSES/RANGES
The WorldSciNet Institutional User License Agreement has enabled IP-address-based access
control for institutional subscribers. Each computer that accesses the Internet is assigned an IP
address, commonly represented as four number groups separated by dots (eg 192.16.1.128). All
computers on a local area network, or subnet, may have the first two or three number groups in
common. Access to World Scientific’s journal(s) from your institution will be authorized based
on the IP addresses and/or ranges you provide. (It is recommended that you consult with your
network administrator to determine your IP addresses, subnets, and other critical information
about your institution’s network configuration).
World Scientific will accept up to ten (10) IP addresses and/or ranges (Class B, Class C, and
single station) via this form (attach additional sheets as necessary). Note that Class B requests
will be subject to additional review by World Scientific. Please contact Webmaster at World
Scientific at webmaster@wspc.com.sg if you need to register a proxy or caching server, or if you
have any additional questions.
All information provided regarding your IP addresses will be verified by World Scientific, and
your network contact (which must be provided below) will be contacted if additional
clarification is necessary.
Please type your IP addresses/ranges in the following formats:
Class B Network: Enter the first two (network) numbers and use asterisks for the host addresses,
ie, 140.108.*.*
Class C Network: Type the first three (network) numbers and an asterisk for the host addresses,
ie, 192.16.11.* (ranges are acceptable; type 202.40.130.* - 202.40.138.* to indicate Class C
ranges).
Single Station(s): Type all four numbers, ie, 192.16.8.88 (ranges are acceptable; type
192.16.8.88 – 192.16.8.98 to indicate ranges of single stations).
IP Addresses and/or Ranges:
Please enter your fully qualified domain name {the one registered with the Internet Corporation
for Assigned Names and Numbers (ICANN)}:
____________________________________________________________________________
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Please provide the following required network contact information:
Name:
_______________________________
E-mail Address:
_______________________________
Telephone:
_______________________________
Fax:
________________________________
 Please check here if additional IP addresses are listed on attached sheet(s).
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