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AMERICAN MEDICAL ASSOCIATION ("AMA") – SITE LICENSE TERMS OF USE ("Terms of Use")

 

These Terms of Use constitute a legally binding agreement between the Licensee and AMA.  The Licensee represents that the person agreeing to these Terms of Use has the authority to enter into this License on behalf of Licensee’s organization  If Licensee accepts these Terms of Use, click "Agree" located at the end of this agreement. 

 

"Authorized Sites" means those geographic locations identified in AMA’s quotation to Licensee attached hereto ("Quote").

 

"Authorized Users" means the Licensee and those individuals authorized by Licensee to access the Licensed Materials through Licensee’s Secured Network.

 

"Effective Date" means the commencement date of the Subscription Term as set forth in AMA’s invoice.

 

"Licensee" means the entity identified on the Quote provided by AMA.

 

"Licensed Materials" means the electronic versions of AMA publications identified in AMA’s Quote.

 

"License Fee" means the fee specified for the applicable Subscription Term as set forth in AMA’s Quote (for the initial Subscription Term), or in AMA’s invoice or renewal notice (for any renewal Subscription Term).

 

"Licensee’s Secured Network" means a network maintained or controlled by Licensee that is accessible only to Authorized Users who are (i) at the Authorized Sites; and/or (ii) whose identity is authenticated by Licensee at the time of login.

 

"Subscription Term" means one (1) year periods commencing on the Effective Date and continuing from year to year thereafter until the Terms of Use are terminated.

 

1.             Grant of License.  In consideration of Licensee’s payment of the License Fee and acceptance of the Terms of Use, AMA grants to Authorized Users a limited, non-exclusive, non-transferable license to access and use the Licensed Materials solely via the Licensee’s Secured Network during the Subscription Term.

 

2.             Ownership of Licensed Materials.  The Licensed Materials, including all copyrights and other intellectual property rights, are the sole and exclusive property of the AMA.  The only rights granted to Authorized Users are the rights to access and use the Licensed Materials in accordance with the Terms of Use.  All rights not specifically granted herein are reserved by the AMA.

 

3.             Permitted Uses.  Authorized Users shall access and use the Licensed Materials in compliance with all applicable laws and solely for personal, non-commercial purposes related to research, education and private study.  Permitted uses include the right to search, view, and display the Licensed Materials; print and download individual articles; and distribute electronic or print copies of individual articles to other Authorized Users.  All other access to or use of the Licensed Materials is strictly prohibited including (i) any distribution or transmission of any or all of the Licensed Materials for commercial purposes or on any public bulletin boards, web sites, or internet chat rooms, and (ii) the creation of a database or compilation containing any or all of the Licensed Materials or otherwise storing any of the Licensed Materials in any retrieval system.  Except as permitted herein or by U.S. fair use law, AMA’s prior written permission is required for all other copying, reproduction, or republication of the Licensed Materials.  Permission requests shall be directed to www.copyright.com or to AMA’s Permissions Department.

 

4.             Academic Institutions.  If Licensee is an academic institution, it may (a) supply single copies of articles from the Licensed Materials to a noncommercial library located in the same country as Licensee by mail, fax or secure electronic transmission in accordance with Section 108 of the United States Copyright Act and with guidelines developed by the National Commission of New Technological Uses of Copyrighted Works (CONTU); and (b) incorporate individual articles from the Licensed Materials into electronic course packs, so long as Licensee deletes the Licensed Materials from electronic course packs at the end of the academic year in which they were used. 

 

5.             Licensee Obligations.  Licensee shall:  (a) take reasonable steps to ensure that only Authorized Users are permitted to access the Licensed Materials and that Authorized Users comply with the Terms of Use; (b) promptly notify AMA of any use outside the scope of the license granted in  Section 1 or other breach of the Terms of Use; and (c) pay any applicable taxes and fees arising out of Licensee’s use of the Licensed Materials and/or the rights granted under the Terms of Use.  Licensee shall inform AMA immediately upon becoming aware of any unauthorized access to the Licensed Materials and cooperate with AMA to promptly resolve such matter.  In addition to any other applicable remedies, AMA may limit, deny, suspend, or terminate access to the Licensed Materials without liability to Licensee if unauthorized access to the Licensed Materials is detected or suspected, or in the event an Authorized User violates the Terms of Use. 

 

6.                   Payment.  Licensee shall pay AMA the License Fee for the applicable Subscription Term.  The License Fee shall be (i) paid in United States Dollars (US$), (ii) drawn on a United States Bank, and (iii) made without deduction or withholdings of any kind including but not limited to taxes. 

7.             Termination; Continued Access.  The Terms of Use and the rights granted to Licensee hereunder will terminate automatically if Licensee does not pay the License Fee for the applicable Subscription Term.  Licensee may terminate its License at any time by discontinuing access to and use of the Licensed Materials in which case Licensee shall not be eligible for a refund.  AMA reserves the right to suspend or terminate Licensee’s rights hereunder without cause upon notice to Licensee in which event Licensee may be entitled to a prorata refund of the License Fee.  Except for termination due to a breach of these Terms of Use by an Authorized User, upon termination or expiration of these Terms of Use AMA shall make commercially reasonable efforts to provide continuing access to Authorized Users to that portion of the Licensed Materials subscribed to, and paid for, by Licensee hereunder.  Such access shall be further subject to (i) these Terms of Use (except for the payment of a License Fee); (ii) AMA’s continued right to grant the rights hereunder; and (iii) AMA’s right to provide such access either, at AMA’s option, through (x) a computer network owned and operated by AMA at no cost to Licensee, or (y) an AMA approved central archiving facility or other third party either of which may or may not charge a fee.  The right to access the Licensed Materials granted hereunder shall automatically terminate in the event of a natural disaster or other event that renders AMA and any of its successors or assigns, and/or any of its authorized third party service providers, permanently and completely unable to provide Licensee with access to the Licensed Materials as contemplated herein.  In such event, Licensee (i) shall have the right to access the Licensed Materials through CLOCKSS, (ii) have the right to store and make the Licensed Materials available on its own server for use by Authorized Users and (iii) shall not be entitled to any refund of License Fees paid hereunder.

 

8.             Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) THE LICENSED MATERIALS ARE PROVIDED "AS IS" ON AN "AS AVAILABLE BASIS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND (B) AMA’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT OF THE MOST RECENT ANNUAL LICENSE FEE PAID BY LICENSEE.  IN NO EVENT SHALL AMA, ITS EMPLOYEES, MEMBERS, TRUSTEES, AGENTS, SUPPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR ANY DAMAGES RESULTING FROM THE INABILITY TO USE, OR THE USE OF, THE LICENSED MATERIALS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, OR ON ANY THEORY OF LIABILITY. 

 

9.                   Choice of Law/Venue.  The Terms of Use shall be construed and enforced in accordance with the internal laws of the State of Illinois without regard to its choice of law principles.  Any controversy or claim arising out of or relating to the Terms of Use shall be brought in the courts of the State of Illinois located in Chicago, IL or United States District Court for the Northern District of Illinois and the parties consent to the jurisdiction of such courts.  The foregoing shall not apply if compliance would violate (i) a statute or regulation applicable to Licensee; or (ii) a bylaw or equivalent governing instrument of Licensee. 

 

10.                Other Provisions.  (a)  AMA may modify, discontinue or otherwise remove any articles or other materials from the Licensed Materials.  In the event AMA makes a material change in the Licensed Materials, Licensee may terminate access to and use of the Licensed Materials and, upon prompt written notice to AMA of such termination, receive a refund of the License Fee for the unexpired portion of the Subscription Term.  (b)  The Terms of Use  represent the entire understanding of the parties with respect to the Licensed Materials.  Any terms offered by Licensee that are in addition to, different from, or in conflict with the Terms of Use shall be deemed a material alteration and are rejected.  (c)  Licensee shall not assign these Terms of Use or any of Licensee’s rights or obligations hereunder without the prior written consent of AMA which will not be unreasonably withheld.  (d)  In the event that any portion of the Terms of Use are deemed to be invalid or illegal, then such invalid or illegal portion shall not affect the validity or legality of the remainder of the Terms of Use.  (e)  The failure of either party to enforce any right or obligation under the Terms of Use shall not be deemed a waiver thereof and shall not prevent the later enforcement of any right or obligation hereunder.  (f)  Sections 6, 8, 9, and 10 shall survive expiration of the License or termination of the Terms of Use.  (g)  Any notice which must or may be given hereunder shall be in writing, in English, and shall be deemed delivered when personally delivered, delivered by an overnight express courier service, delivered by confirmed facsimile transmission followed by a hard copy or placed in the United State Mail certified mail, return receipt requested, and properly addressed as follows:  If to AMA, notices shall be sent to the Senior Vice President and Publisher, Periodic Publishing, American Medical Association, 515 North State Street, Chicago, IL 60654 (Fax # (312) 464-2580); with a copy to the Office of General Counsel at the same address (Fax # (312) 464-5422).  If to Licensee, notices shall be sent to attention of the person and at the address specified in AMA’s invoice.  (h)  In case of any conflict between the English language and any translated version of the Terms of Use, the English language version shall govern be used  exclusively in connection with the interpretation and construction of any of the words, phrases, and provisions of the Terms of Use. 

Licensee’s access to the Licensed Materials will not begin until Licensee’s authorized representative accepts these Terms of Use.  Upon receipt of Licensee’s acceptance, AMA shall issue an invoice which will include the Effective Date of Licensee’s Subscription Term.  AMA reserves the right to terminate these Terms of Use if Licensee fails to timely pay AMA’s invoice. 

Clicking "Agree" constitutes your signature and acceptance of these Terms of Use.  These Terms of Use become effective upon your acceptance when you click the "Agree" button.

  Please retain a copy of these Terms of Use for your files.

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