MIT PRESS INSTITUTIONAL LICENSE AGREEMENT

Please address any questions to journals-rights@mit.edu

By executing this Agreement, the Subscribing Institution accepts the following terms and conditions:

1. Scope of License. Institutional Subscriber Use Restrictions. Under this Agreement, Subscribing Institution is granted a nonexclusive, revocable, nontransferable right and license to access and use the subscribed MIT Press journals made available to Subscribing Institution on the World Wide Web via the Subscribing Institution's Internet protocol addresses (IP addresses), and, in connection with the foregoing, to permit Subscribing Institution's Authorized Users to access the journals and make the uses described below. In addition, the Subscribing Institution's library facilities are permitted to share hard or electronic copies derived directly or indirectly from the electronic edition of the publications for the purpose of inter-library loan with the same limitations that apply to paper copies for that purpose made from the print edition of the journals. Specifically, copies must be made in compliance with Section 108 of the Copyright Act of 1976 and with guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines), the text of which is available as part of U.S. Copyright Office Circular 21.

   "Authorized Users" are the employees, faculty, staff, and students officially affiliated with the Subscribing Institution or patrons of the Subscribing Institution's library facilities. This includes occasional users who access MIT Press journals through stations physically located on the site and under the control and administration of the Subscribing Institution. Authorized Users also includes persons affiliated with remote sites or campuses of the Subscribing Institution that are administered from the Subscribing Institution's site or campus, but not persons affiliated with remote teaching campuses that have separate administrative staffs.
   
   

2. Authorized use. A subscription to an MIT Press journal grants access to the full text of the journal titles for educational, research, and personal use by the faculty, staff, students, alumni, library patrons and other authorized users of the subscriber's institution. Distance learners, alumni, and other off-campus affiliates may access the content if their Internet access is through the campus network or via a secure proxy server. Users may download and print articles for personal use and archive contents on their own personal computers. They may send one copy by email, hard copy, or fax to one person at another location for that individual's personal use. Facsimile images that are exact representations of the print journal pages or of printouts from the electronic database may be provided for interlibrary loan under CONTU guidelines and distributed in paper, fax, or digital form. Subscribers and users may not disseminate content from an MIT Press journal outside the institution by any means, except as noted above. Transmission of the digital source code, whether plain ASCII or tagged, and use of contents and articles in coursepacks are expressly prohibited.

   The Subscribing Institution is responsible for taking reasonable measures to prevent access by unauthorized persons to its IP addresses, and is responsible for terminating any unauthorized access of which it has actual notice or knowledge. The Subscribing Institution will not be held responsible for uses of the subscribed journals that are contrary to the guidelines stated above, provided that such uses are without its express or implied consent, and provided that it promptly notifies MIT Press of any such use of which it becomes aware and takes all reasonable steps to terminate such activity. The Subscribing Institution agrees to cooperate with MIT Press in any investigation of unauthorized access or use. MIT Press will not bring an action against an Authorized User without first consulting the Subscribing Institution.

3. Archiving. A subscribing library may download and archive materials at its own site and place contents on its own file server, including electronic reserves, providing that access to the file server is restricted to the campus/institutional community. MIT Press promises to do everything possible to ensure continuing access to its electronic publications for a minimum of 10 years. We publish print and license microfilm editions for archival use if a customer prefers.
   
   
4. Disclaimer of Warranties -- Limitation of Liability. The disclaimers and limitations stated in this agreement apply not only to the Subscribing Institution as such but to all Authorized Users.

5. General
   • This Agreement constitutes the entire Agreement between the parties hereto and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments, and understandings. The various headings in this Agreement are informational only and do not limit the scope or content of the subject matter contained therein. No waiver, amendment, or modification of this Agreement shall be effective unless it is in writing and signed by the parties hereto.
   • The Subscribing Institution may not assign or transfer its rights under this Agreement.
   • Should any provision of this Agreement be held to be void or unenforceable, the remaining provisions shall remain in full force and effect to read and to be construed as if the void or unenforceable provisions were originally deleted.
   • The validity, interpretation, and performance of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts, excluding that body of laws dealing with conflict of laws. Venue shall be the courts of competent jurisdiction located in Massachusetts.

Subscribing Institution's name: __________________________________
Authorized Signature: ____________________________________________
Title of Authorized signer: ______________________________________
Date: ____________________________________________________________
Library contact person: __________________________________________   
E-mail: __________________________________________________________   
Phone: _________________________ Fax:_____________________________

Return a signed copy of this license to:

Subsidiary Rights Manager

MIT Press Journals

238 Main Street

Suite 500

Cambridge, MA 02142 USA

Voice (617) 253-2864

Fax (617) 258-5028

E-mail: journals-rights@mit.edu

If you wish us to return a countersigned copy to you, please note where you would like it sent:

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MIT Press Signature: _______________________________________
Signer's name:______________________________________________
Title: _____________________________________________________
Date: ______________________________________________________