Institutional Subscription License Agreement
This document provides the publisher's (People-to-People Health Foundation, Inc -- Project HOPE) Health Affairs Institutional Subscription License Agreement.
The Health Affairs institutional subscription agreement authorizes online access to the journal for one organization's use, at a single geographic location. “Authorized users” are current employees and full or part-time employees, students (including faculty, staff, affiliated researchers) plus other individuals who have permission to use the public computers on the subscribing institution's campus.
An online subscription permits unlimited simultaneous Internet access to Health Affairs complete archive by authorized users for the entire subscription term. Secure proxy access is allowed.
Health Affairs holds copyright on all materials published in the journal, whether in print or electronic form, both as a compilation, and as individual articles. All journal content is subject to database protections and “fair use” provisions of U.S. or applicable international copyright laws (http://www.copyright.gov/fls/fl102.html).
Authorized users are permitted to reproduce or disseminate journal content with the parameters of applicable copyright law. The following uses are specifically authorized:
a. Downloading: Downloading, printing or saving of Health Affairs content for the purposes of research, teaching and/or private study by authorized users is permissible. Systematic downloading is prohibited.
b. Interlibrary Loan: Institutional subscribers may fulfill interlibrary loan requests from other institutions via fax, paper, or electronic document delivery under CONTU (National Commission on New Technology Uses of Copyright Works) guidelines (http://old.cni.org/docs/infopols/CONTU.html).
c. Accessibility: Institutional subscribers may transcribe any portion of Health Affairs content into Braille script, enlarged type or other appropriate version in order to allow Authorized Users with disabilities to access Health Affairs.
d. Course Packs: Institutional subscribers may include a reasonable portion of Health Affairs content, in printed or electronic format, in the preparation of course packs or other educational materials for authorized users.
e. Modification: Institutional subscribers shall not modify or create a derivative work of any Health Affairs content without prior written permission of the publisher.
a. Non-authorized Users: Except as specifically provided elsewhere in these guidelines, institutional subscribers are prohibited from making arrangements for access, to Health Affairs content with individuals, organizations, vendors, affiliates, or partners, who are not authorized users.
b. 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 Health Affairs content is permitted without prior, express written permission of the publisher. Permission is granted, however, to provide a limited amount of print or electronic content for purposes of regulatory approval, patent or trademark applications or other legal or regulatory purposes.
d. Modification: Institutional subscribers shall not modify or create a derivative work of any Health Affairs content without prior written permission of the publisher.
Institutional subscriber will undertake all necessary authentication and verification processes that only authorized users may access Health Affairs content.
a. Institutional subscribers affirms that all IP addresses listed for authorization are specifically controlled by the institution and that only authorized users may access Health Affairs content.
b. If the institutional subscriber becomes aware of unauthorized access to Health Affairs, it will notify the journal immediately and cooperate in locating and attempting to stop the persons who are abusing the authorization. If specific abuser(s) cannot be identified or stopped, Health Affairs has the right to withhold, suspend or deny access to all or any portion of the journal’s web site without liability.
The online version of Health Affairs is available to libraries for the preservation in the LOCKSS system. This system provides an electronic archive for Health Affairs content and provides perpetual access to this content. To learn more about the LOCKSS system, visit their web site at www.lockss.org
Health Affairs intends that the site be available 24 hours per day, 7 days per week. Health Affairs will not be liable for damages or refunds should the site become unavailable or access to the site become slow or incomplete due to system backup procedures, Internet volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the site inaccessible for the institution’s users.
While Health Affairs seeks to ensure the accuracy of content posted online, Health Affairs does not warrant or guarantee its accuracy, completeness, merchantability, or fitness for a particular purpose. In no case shall Health Affairs liability 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 the inability to use Health Affairs content.
9. Limits of Liability:
Neither Health Affairs 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 Health Affairs content.
If any portion of this Agreement turns 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.
In the event of any dispute or controversy arising out of or relating to this Agreement, Health Affairs 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 Health Affairs 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 this Agreement, 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.