Terms and Conditions Governing Institutional Subscribers’ Internet Access
to the Content of the Canadian Medical Association Journal
Updated on February 22, 2010
To receive a valid account number to activate access to the online Canadian Medical Association Journal (“Journal”) content, an Institutional subscriber must submit a completed order and the required subscription fee through its agent or directly to the CMA.
By purchasing a subscription to the Journal, the Institution agrees to be bound by the following Terms and Conditions governing internet access to the online Journal. From time to time, the Canadian Medical Association (“CMA”) may amend these Terms and Conditions and will post any changes on this website. It is the responsibility of the Institution to review these Terms and Conditions prior to agreeing to renew its subscription and thereafter to regularly review any changes.
The following definitions are used in this agreement:
- Internet Access is defined as the viewing and use of subscribed Journal content online via the World Wide Web.
- Institution includes all parts of a single organization that report to the same Chief Academic Officer, Chief Executive Officer or Director of a not-for-profit organization, agency, governmental or non-governmental organization or independent company. For multi-campus academic institutions, each organization listed in the Directory of Higher Education or its equivalent, is considered a separate institution. Academic law and academic medical libraries may be part of a University only if they report to the same CEO or CAO. All others are considered multi-site institutions and should contact subscriptions{at}cma.ca for subscription options and terms.
- Authorized Users are persons with a current, authenticated affiliation to the subscribing Institution (includes students, faculty, affiliated and visiting researchers, regular and contract staff) who are authorized to access the Secure Network from within the Library Premise or from other places where Authorized Users work or study, plus other individuals who have permission to use the public computers on the subscribing Institution’s campus. Alumni are not considered part of the Authorized User community. Each member of a consortium or multiple site organization agrees to be bound by these Terms and Conditions.
- Journal refers to the Canadian Medical Association Journal.
Institutional subscriber(s) and CMA agree to the following Terms and Conditions:
1. Subscription Access
An online subscription permits unlimited simultaneous Internet Access to complete Journal content by Authorized Users for the entire subscription term. Secure proxy access from off campus locations is permitted.
2. Copyright
Unless otherwise stated, CMA holds the 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 the “fair dealing” provisions of Canadian copyright laws or applicable international copyright laws.
3. Authorized Use
Authorized Users are permitted to reproduce or disseminate Journal content within the parameters of applicable copyright law. The following uses are authorized, with some limitations, as specified.
3.1 Downloading
Downloading, printing, or saving of Journal 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 the prior written approval of CMA.
3.2 Interlibrary Loan
3.2.1 Canadian Institutional Subscribers
Institutional subscribers located in Canada may fulfill occasional requests from non-commercial libraries for interlibrary loans. However, because of the easily reproducible nature of electronic publications, an interlibrary loan of any portion of the Journal in any electronic or digital form is expressly prohibited, unless the Institutional subscriber fulfils such interlibrary loans by use of Ariel or equivalent secure electronic transmission software which allows the article to be deleted as soon as it is printed. For purposes of clarity, no PDF document may be emailed to fulfill an interlibrary loan request. The Institutional subscriber may print articles from the Journal to fulfill such an interlibrary loan request and forward them as hard copies, provided all printing is done at the Institution and at the Institutional subscriber’s expense, and that only a limited number of copies of such articles are distributed in this manner.
3.2.2 Non-Canadian Institutional Subscribers
Institutional subscribers located in countries other than Canada may fulfill interlibrary loan requests from other non-commercial libraries located in the same country as the Institutional subscriber via fax or paper document delivery. If six or more copies of an article or articles from the Journal are provided in any one calendar year to any one non-commercial library, the Institutional subscriber shall for the sixth and any additional copies do one of the following: (i) supply the article and pay CMA’s standard document delivery copyright royalty rate; (ii) forward the request to CMA who will undertake to provide the article on a pay per view basis; (iii) forward the request to a document delivery company; or (iv) return the request unfulfilled. CMA may request reports in respect of the Institutional subscriber’s use of the Journal in such interlibrary loans, provided the confidentiality of Authorized Users’ data shall be maintained. Redistribution of Journal content to non-Authorized Users in electronic or digital form is prohibited without the prior written approval of CMA.
3.3 Accessibility
Institutional subscribers may transcribe any portion of the Journal content into Braille script, enlarged type or other appropriate version in order to allow Authorized Users with disabilities to access the Journal.
3.4 Regulatory Uses
Supply print or electronic copies of individual articles from the Journal to regulatory authorities for regulatory purposes.
3.5 Patient Information
Supply single print or electronic copies of individual articles or parts of articles taken from the online Journal to individual patients on request or on an ad-hoc basis for medical information purposes, provided that such dissemination does not result in distribution of a substantial or material portion or volume of the online Journal.
3.6 Legal Uses
Disclose portions of the online Journal in connection with any legal and/or patent proceedings and/or if requested pursuant to an order of a competent court or administrative agency.
4. Restrictions
Except as specifically provided elsewhere in these Terms and Conditions, Institutional subscribers are prohibited from entering into any agreements for access to the online Journal content with individuals, organizations, affiliates, or partners, who are not Authorized Users.
4.1 Commercial Redistribution
No commercial re-use (such as, downloading, posting of a file, and printing to sell or distribute to any non-Authorized User) of any Journal content is permitted without the prior written permission of CMA.
4.2 Removal of Copyright Notice
Institutional subscribers agree not to remove, cover, overlay, obscure, block, or change any copyright notices, legends, or terms of use.
4.3 Modification
Institutional subscribers shall not modify or create a derivative work of any Journal content without the prior written permission of CMA.
5. Authentication
Institutional subscribers shall make reasonable efforts to create and maintain appropriate security measures to ensure that only Authorized Users can access subscribed Journal online content. Institutional subscribers shall use all reasonable methods to inform Authorized Users of these Terms and Conditions.
5.1 IP Addresses
Institutional subscribers affirm that all Internet Protocol (“IP”) addresses provided for use of online Journal are controlled by the Institution exclusively for Internet Access by Authorized Users.
5.2 Abuse
If any Institutional subscribers become aware of unauthorized access to the Journal, they shall notify CMA immediately and cooperate in locating and attempting to stop the specific individual(s) who is abusing the service. If the specific abuser(s) cannot be identified or stopped, CMA has the right to withhold, suspend, or terminate access to any or all Journal content, without incurring any liability.
6. Archiving
CMA acknowledges that Institutional subscribers may participate in the Lots of Copies Keep Stuff Safe (“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 the Journal content, as long as the Institutional subscriber’s use is otherwise consistent with these Terms and Conditions. CMA further acknowledges and agrees that, in using the LOCKSS system, the Journal content may be made available to other LOCKSS system participants who demonstrate they have a valid access to the subscribed Journal content.
7. Technical Access
CMA intends for the Journal web site to be available 24 hours per day, 7 days per week. However, CMA 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 Journal content inaccessible to Institutional subscribers. CMA will make reasonable efforts to notify Institutional subscribers of any unusually extended interruptions and will attempt to restore access to the site as soon as possible.
8. Representations and Warranties
CMA affirms that it has obtained any and all necessary permissions to license Journal content, and that the use of such content by Authorized Users in accordance with these Terms and Conditions shall not infringe the copyright of any third party. While CMA seeks to ensure the accuracy of Journal content posted online, CMA does not warrant or guarantee its accuracy, completeness, merchantability, or fitness for a particular purpose.
Description or reference to a product or publication in the Journal online content does not imply CMA endorsement of that product or publication.
9. Limits of Liability
Neither CMA 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, personal harm or injury, or loss of profits, arising out of the use of or the inability to use the Journal content.
10. Severability
If any of these Terms and Conditions is found to be invalid, illegal, under dispute, unenforceable or in conflict with the law of any jurisdiction, the remaining Terms and Conditions shall remain in full force and effect.
11. Disputes
In the event of any dispute or controversy arising out of or relating to these Terms and Conditions, CMA and the Institutional subscriber agree to exercise their best efforts to resolve the dispute as soon as possible. If, despite best efforts, a dispute cannot be resolved by mutual agreement, it will be subject to mediation or binding arbitration. 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 these Terms and Conditions, 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. |
