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Document Delivery Terms and Conditions
1. Governing Terms
IOP Publishing Limited whose principal place of business is at Dirac House, Temple Back, Bristol BS1 6BE, United Kingdom ("IOPP") grants you access to IOPP's on line document delivery service, and the ability to purchase by credit card single articles ("the Article") from IOPP journals ("Journals") which are available for such purchase on the terms and conditions set out below.
IOPP reserves the right, at its discretion, to vary these terms and conditions by posting the revised terms and conditions on this site.
2. Access, Use and Your Responsibilities
IOPP grants you one-time online access to the Article purchased for seventy-two (72) hours after you purchase it. It is your responsibility to ensure that you have preserved such Article for your own personal use, either by saving the electronic PDF Article file or printing such Article within that time. You may download and store, or print text, search results, or other information from such Article solely for your own research or private study. You agree to use this online access in a way that conforms to all applicable laws and regulations.
IOPP grants you permission to make brief quotations from the Article, with the customary acknowledgement of the source, subject to the restrictions, if any, set forth in the Article. Altering, recompiling, copying, reselling, redistributing, publishing or republishing (beyond such brief quotations with such acknowledgement permitted under the preceding sentence) of any Article text, output, search results, or other information from any Journal, or any portion thereof, including without limitation, copyright, trade secret, proprietary and/or other legal notices contained therein, in any form or medium is prohibited. Systematic downloading, service bureau redistribution services and/or the making of print or electronic copies for transmission to any third party are prohibited. All rights not expressly granted are reserved to their owners.
3. Copyright
Each of the Journals, Articles and their partial content, including abstracts, are copyright IOPP or are made available under licence and are subject to all applicable copyright, database protection and other rights of the copyright owner and publisher under the laws of England and other countries. Copyright notices in the Journals, Articles, or abstracts may not be removed, obscured, or modified in any way.
4. Availability
IOPP will not be liable for any delay, downtime, Article access time error, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. IOPP will use its commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction. In the event of any failure to deliver an Article ordered, IOPP's sole liability shall be to deliver such Article at another time.
5. Print Version is Official Version of Record
IOPP will use its commercially reasonable efforts to ensure that the online version of an Article corresponds in content with the print version (if any), but IOPP does not guarantee that it does correspond. In the event of any inaccuracy or any discrepancy between the print and online versions, the print version will be the official version of record.
6. Disclaimer of Warranties; Limitation of Liability; Indemnification
IOPP warrants that it is entitled to grant the licences granted herein. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, IOPP MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ARTICLES AND JOURNALS, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IOPP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE LICENCES GRANTED HEREUNDER, INCLUDING WITHOUT LIMITATION, FOR LOSS OF PROFIT, BUSINESS INTERRUPTION OR FOR LOSS OF DATA, BUSINESS OR GOODWILL, FOR THE USE OR INABILITY TO USE ANY ARTICLE, IOPP'S PERFORMANCE UNDER THIS AGREEMENT OR FOR TERMINATION OF THIS AGREEMENT BY IOPP. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF IOPP FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY EVENT, INCLUDING BUT NOT LIMITED TO, ANY BREACH OR TERMINATION OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO IOPP FOR THE ARTICLE(S) DURING THE CALENDAR YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, EVEN IF IOPP IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH LIABILITY.
THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
REGARDLESS OF THE CAUSE OR FORM OF ACTION YOU MAY BRING NO ACTION ARISING FROM THESE TERMS MORE THAN SIX MONTHS AFTER THE CAUSE OF ACTION AROSE.
YOU ASSUME SOLE RESPONSIBILITY FOR ALL USE OF ANY ARTICLE YOU PURCHASE AND YOU HEREBY INDEMNIFY AND AGREE TO HOLD IOPP INDEMNIFIED FROM ANY LIABILITY, CLAIM, DAMAGES, EXPENSES, LOSSES ARISING FROM OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, CLAIMS OF UNAUTHORISED USE AND UNAUTHORISED DISTRIBUTION.
7. General
You may not assign or transfer your rights under this Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior communication with respect to the subject matter hereof.
This Agreement will be governed by and construed in accordance with the laws of England and the parties submit to the jurisdiction of the English Courts. You will not be bound by this paragraph to the extent that compliance would violate any existing law, regulation, bylaws or articles of incorporation or other governing instrument.