Terms & Privacy

This document sets out the terms in which Amsterdam University Press (AUP) ("The Publisher") is grants access to the content published on the AUP publishing platform www.aup-online.com (“The Platform”).

1. Copyright

The Publisher owns the copyright of the journals on the Platform, unless explicitly stated otherwise; the copyright holder of each article is given within that article. The Publisher warrants that it has the authority to make available the Platform and that it has secured all rights and permissions necessary to enable Users to utilise such materials in compliance with these Terms and Conditions.

2. Usage rights: what Users are allowed to do

• Users may search, view, display, download, store and print out individual articles or other items from the Platform for their scholarly, educational, research or personal use.
• Users may distribute copies of individual articles from the Platform, to other Users for their personal use.
• Users may provide metadata with appropriate links to one or more individual articles for inclusion in course packs and e-reserves.
• Users may supply print or electronic copies of individual articles or items from the Platform to individual third parties on request for medical information purposes, provided that no more than 10 copies of a specific article or item are supplied. For additional copies, contact [email protected] for commercial reprint rights.

3. Usage restrictions: what Users are not allowed to do

• Systematic or programmatic downloading (e.g. the use of automated robots or otherwise downloading or attempting to download in a short time period large amounts of material such as all abstracts and/or full-text articles from entire publication issues or extensive search results), is forbidden.

Unless the license applicable to the article explicitly states so (CC-BY 4.0):

• Articles may not be copied or distributed for commercial use
• Articles may not be translated, altered, re-compiled, manipulated or used to prepare derivative works without permission from the Publisher.
• The authors’ names, copyright notices or other means of identification may not be removed from or altered as they appear in articles.
• Unless permission is explicitly granted, articles may not be mounted or distributed on any electronic network.

4. Disclaimer of warranties

• In no event shall the Publisher be liable for any special, incidental, indirect or consequential damages of any kind arising out of or in connection with the use of the articles or other material derived from the journals, whether or not advised of the possibility of damage, and on any theory of liability.
• The Publisher represents and warrants that it has the power to enter into this agreement and to grant the rights conferred herein and that the articles and other material derived from the journals do not violate or infringe upon any patent, copyright, trademark, trade secret or other proprietary right or contract right of any third party.
• This publication is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Descriptions of, or references to, products or publications does not imply endorsement of that product or publication.
• There is no guarantee that the information contained in the online version of the journal is identical to the print version of the journal and the Publisher has any duty to update the information contained on the online version to correct errors or otherwise.

USAGE RIGHTS

1. The Licensee, subject to clause 6 below, may:

1. [Load the Licensed Materials on the Licensee’s server on the Secure Network.]

1. [Make such back-up copies of the Licensed Materials as are reasonably necessary.] 

1. Make such [temporary] local electronic copies [by means of cacheing {or mirrored storage}] of all or part of the Licensed Materials as are necessary solely to ensure efficient use by Authorized Users [and not to make available to Authorized Users duplicate copies of the Licensed Material].

1. Allow Authorized Users to have access to the Licensed Materials from the Server via the Secure Network.

1. Provide Authorized Users with integrated access and an integrated author, article title[, abstract] and keyword index to the Licensed Material and all other similar material licensed from other publishers.

1. Provide single printed or electronic copies of single articles at the request of individual Authorized Users.

1. Display, download or print the Licensed Materials for the purpose of internal marketing or testing or for training Authorized Users or groups of Authorized Users.

1. Authorized Users may, in accordance with the copyright laws of [jurisdiction] and subject to clause 6 below:

1. Search, view, retrieve and display the Licensed Materials.

1. Print a copy or download and save individual articles or items of the Licensed Materials for personal use.

1. Use individual parts of the Licensed Materials within Learning Objects for the Licensee’s teaching, learning or training purposes.

1. Use Text and Data Mining  to derive information from the Licensed Materials.

1. Distribute a copy of individual articles or items of the Licensed Materials in print or electronic form to other Authorized Users or to other individual scholars collaborating with Authorized Users but only for the purposes of research and private study[; for the avoidance of doubt, this sub-clause shall include the distribution of a copy for teaching purposes to each individual student Authorized User in a class at the Licensee's institution].

1. Download a copy of individual articles or items of the Licensed Materials and share the same with Authorized Users or other individual scholars collaborating in a specific research project with such Authorized Users provided that it is held and accessibly within a closed network that is not accessible to any person not directly involved in such collaboration and provided that it is deleted from such network immediately upon completion of the collaboration.    

1. [Nothing in this License shall in any way exclude, modify or affect any of the Licensee’s rights under the Copyright Designs and Patents Act 1988 or any statutory instruments made thereunder or any amending legislation.] 

or

[Nothing in this License shall in any way exclude, modify or affect any of the Licensee’s rights under Copyright Revision Act 1976 as amended subsequently provided that such rights are exercised in accordance with Section 108 of the Act and with the guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines) and published in U.S. Copyright Office Circular 21.] 

or

[Nothing in this License shall in any way exclude, modify or affect any of the Licensee’s statutory rights under the copyright laws of {jurisdiction}] 

1. SUPPLY OF COPIES TO OTHER LIBRARIES

1. [The Licensee may, subject to clause 6 below, supply to an Authorized User of another library {within the same country as the Licensee}(whether by post or fax [or secure transmission, using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing]), for the purposes of research or private study and not for Commercial Use, a single paper copy of an electronic original of an individual document being part of the Licensed Materials.]

or

[The Licensee may, subject to clause 6 below, supply to an Authorized User of another library {within the same country as the Licensee}a copy of an individual document being part of the Licensed Materials by post, fax or electronic transmission via the Internet or otherwise, for the purposes of research or private study and not for Commercial Use.] 

or

[Notwithstanding the provisions of Clauses 3.1 and 3.3, it is understood and agreed that neither the Licensee nor Authorized Users  may provide, by electronic means, to a user at another library a copy of any part of the Licensed Materials for research or private study or otherwise.]

1. COURSE PACKS AND ELECTRONIC RESERVE

1. [The Licensee may, subject to clause 6 below, incorporate parts of the Licensed Materials in printed Course Packs [and Electronic Reserve collections and in Virtual Learning Environments] for the use of Authorized Users in the course of instruction at the Licensee’s institution, but not for Commercial Use.  Each such item shall carry appropriate acknowledgement of the source, listing title and author of the extract, title and author of the work, and the publisher. Copies of such items shall be deleted by the Licensee when they are no longer used for such purpose.  Course packs in non-electronic non-print perceptible form, such as audio or Braille, may also be offered to Authorized Users who, in the reasonable opinion of the Licensee, are visually impaired.]

or

[For the avoidance of doubt, the Licensee may not incorporate all or any part of the Licensed Materials in [Course Packs] [and] [Electronic Reserve collections or Virtual Learning Environments] without the prior written permission of the Publisher, which may set out further terms and conditions for such usage.]

6.         PROHIBITED USES

6.1       Neither the Licensee nor Authorized Users may:

1. remove or alter the authors’ names or the Publisher’s copyright notices or other means of identification or disclaimers as they appear in the Licensed Materials;

1. systematically make print or electronic copies of multiple extracts or make multiple copies of any part of the Licensed Materials for any purpose other than expressly permitted by this License;
2. prepare derivative works or download, mount or distribute any part of the Licensed Material on any electronic system or network, including without limitation the Internet and the World Wide Web, other than the Secure Network, except where expressly permitted by this License under clause 3.2.6;

1. reverse engineer, decompile, alter, abridge or otherwise modify the Licensed Materials or any part of them for any purpose whatsoever, except as expressly provided in this License.  

6.2       The Publisher’s explicit written permission must be obtained in order to:

1. use all or any part of the Licensed Materials for any Commercial Use;

1. systematically distribute the whole or any part of the Licensed Materials to anyone other than Authorized Users;

1. publish, distribute or make available the Licensed Materials, works based on the Licensed Materials or works which combine them with any other material, other than as permitted in this License;

1. alter, abridge, adapt or modify the Licensed Materials, except to the extent necessary to make them perceptible on a computer screen to Authorized Users.  For the avoidance of doubt, no alteration of the words or their order is permitted.