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Institutional Subscriber Agreement for Internet Access to Journal of Dairy Science

This document provides guidelines for Institutional Subscriber Internet Access to content of Journal of Dairy Science (JDS), a publication of the American Dairy Science Association (ADSA).

For the purposes of this document:

Internet Access is defined as the viewing and use of subscribed JDS content online via the World Wide Web.
An Institution (site) is an organizational unit and may be academic or nonacademic. For organizations located in more than one city, each city office is considered a different site. For organizations within the same city that are administered independently, each office is considered a different site.
Authorized Users are persons with a current, authenticated affiliation to the subscribing Institution. This includes full- and part-time students and employees (including faculty, staff, affiliated researchers and independent contractors) plus other individuals who have permission to use the public computers on the subscribing institution's campus.
Journal: These guidelines are applicable to the Journal of Dairy Science (JDS).

Upon receipt of the Institutional subscriber's completed order and the required subscription fee, ADSA will issue a valid account number for use in the activation of JDS online. By purchasing a subscription to JDS, the Institutional subscriber agrees to the terms of these Guidelines.

Institutional subscribers and ADSA agree to the following terms and conditions:

SUBSCRIPTION ACCESS: An online subscription permits unlimited simultaneous Internet Access to JDS content by Authorized Users for the entire subscription term. Secure proxy access from off campus locations is allowed.
COPYRIGHT: Unless otherwise noted, ADSA holds the copyright on all materials published in JDS, whether in print or electronic form, both as a compilation and as individual articles. All JDS content is subject to "fair use" provisions of U.S. or applicable international copyright laws [http://www.copyright.gov/title17/92chap1.html].
AUTHORIZED USE: Authorized users are permitted to reproduce or disseminate journal content within the parameters of applicable copyright law. The following uses are specifically authorized:
1. Downloading: Downloading, printing, or saving of JDS content for the purposes of research, teaching, and/or private study by Authorized Users is permissible. Systematic downloading (by robots or other automatic processes) is prohibited without explicit written approval from ADSA.
2. Interlibrary Loan: Institutional subscribers may fulfill interlibrary loan requests from other institutions via fax or paper document delivery under CONTU (National Commission on New Technological Uses of Copyright Works) guidelines [http://www.cni.org/docs/infopols/CONTU.html]. Redistribution of JDS content to non-authorized users in electronic or digital form is prohibited without prior approval from ADSA.
3. Accessibility: Institutional subscribers may transcribe any portion of JDS content into Braille script, enlarged type or other appropriate version in order to allow Authorized Users with disabilities to access JDS.
4. Course Packs: Institutional subscribers may use a reasonable portion of JDS content, in printed or digital format, in the preparation of course packs or other educational materials for Authorized Users.
5. Reprints: For permission to reprint or copy JDS content beyond that permitted by Section 107 or 108 of the U.S. Copyright Law, contact the Copyright Clearance Center [www.copyright.com]. The fee code for users of the Transactional Reporting Service appears in each abstract and full text article.
RESTRICTIONS:
1. Non-authorized users: Except as specifically provided elsewhere in these guidelines, Institutional subscribers are prohibited from making agreements for access to JDS content with individuals, organizations, vendors, affiliates, or partners, who are not Authorized Users.
2. Commercial redistribution: No direct commercial re-use (e.g. downloading, posting of a file, or printing to sell or distribute to any non-authorized user) of any JDS content is permitted without prior, express written permission of ADSA. Permission is granted, however, to provide a limited amount of print or electronic JDS content for purposes of regulatory approval, patent and/or trademark applications or other legal or regulatory purposes.
3. Removal of copyright notice: Institutional subscribers agree not to remove, cover, overlay, obscure, block, or change any copyright notices, legends, or terms of use.
4. Modification: Institutional subscribers shall not modify or create a derivative work of any JDS content without the prior written permission of ADSA.
AUTHENTICATION: Institutional subscribers will make reasonable efforts to create and maintain appropriate security measures to ensure that only Authorized Users can access subscribed JDS content online.
1. IP addresses: Institutional subscribers affirm that all Internet Protocol ("IP") addresses provided for use of online JDS are controlled by the Institution exclusively for Internet Access by Authorized Users.
2. Abuse: If Institutional subscribers become aware of unauthorized access to JDS, they will notify ADSA 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, ADSA has the right to withhold, suspend, or terminate access to any or all JDS content, without liability.
ARCHIVING: ADSA acknowledges that Institutional subscribers may participate in the LOCKSS system for archiving digitized publications. To benefit from this support, Institutional subscribers must install a LOCKSS cache at their Institution. (See http://lockss.stanford.edu for further information.) The Institutional subscriber may perpetually use the LOCKSS system to archive and restore JDS content, so long as the Institutional subscriber's use is otherwise consistent with these Guidelines. ADSA further acknowledges and agrees that, in using the LOCKSS system, JDS content may be made available to other LOCKSS system participants who indicate a right to the subscribed JDS content.
TECHNICAL ACCESS: ADSA intends for the JDS web site to be available 24 hours per day, 7 days per week. However, ADSA WILL NOT BE LIABLE FOR DAMAGES OR REFUNDS SHOULD A SITE BECOME UNAVAILABLE TEMPORARILY OR ACCESS TO A SITE BECOMES SLOW OR INCOMPLETE due to system back-up procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make JDS content inaccessible to Institutional subscribers. ADSA will make reasonable efforts to notify Institutional subscribers of any unusually extended interruptions and will attempt to restore access to sites as soon as possible.
WARRANTY: ADSA affirms they have obtained any and all necessary permissions to license JDS content, and that use of such content by Authorized Users in accordance with these guidelines shall not infringe the copyright of any third party. While they seek to ensure the accuracy of content posted online, ADSA DOES NOT WARRANT OR GUARANTEE ITS ACCURACY, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Neither ADSA nor Institutional subscribers shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the JDS content.
SEVERABILITY: If any portion of these Guidelines turn out to be invalid, illegal, under dispute, unenforceable or in conflict with the law of any jurisdiction, the rest of the provisions shall remain applicable.
DISPUTES: In the event of any dispute or controversy arising out of or relating to these Guidelines, ADSA and Institutional subscriber agree to exercise their best efforts to resolve the dispute as soon as possible. Any dispute that cannot be resolved by mutual agreement shall be subject to mediation or binding arbitration subject to the jurisdiction nearest to ADSA's headquarters. Both parties shall, without delay, continue to perform their respective obligations that are not affected by the dispute. In no event shall a dispute arising under the terms of these guidelines, between a participating publisher and an Institutional subscriber, subject any other participating publisher to joint and several liability or shared legal responsibility of any kind.