Authorized Users are those persons affiliated with the Licensee who are permitted access to other electronic resources of the Licensee on site or via remote access.
For example, they may be faculty, students, employees in addition to faculty, or consultants under contract with the Licensee. Walk-ins may be considered Authorized Users only if they are physically present at the Licensee’s site; they may not be granted remote use privileges.
Access Rights Following Cancellations
In the event that the Licensee does not renew the license at the end of the term specified on the cover sheet, the Licensee may obtain access to the content published during the time they paid for annual site licenses.
The Licensee will retain rights to access all content added to the database in the years from the first actual year through the last year for which they paid data fees, without paying additional data fees. If the customer desires access to content files from years prior to the years in which they paid, APA will make those files available for a fee.
APA will provide a one-time CD-ROM or FTP transfer of the data, or the Licensee may choose to pay an access fee to APA or a vendor to continue searching this content as they did when they paid for an annual site license.
Copyright and Proprietary Rights
The entire contents of all APA databases, including individual journals, articles, abstracts, book chapters, reviews, and other items are copyrighted by APA or one of their publisher partners under the Copyright Laws of the United States Codified in Title 17 of the U.S. Code, which is party to both the Universal Copyright Convention and the Berne Copyright Convention.
Licensee agrees not to remove or obscure copyright notices. APA grants no copyright or ownership interests to Licensee for any of the material and proprietary information.
Authorized Users may extract or use a reasonable amount of information contained in the database for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis.
Licensee may 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.
Authorized Users may electronically save individual articles from the Licensed Materials for personal use.
Authorized Users may print a copy of parts of the Licensed Materials.
Licensee may provide electronic links to the Licensed Materials from Licensee's web page(s) and is encouraged to do so in ways that will increase the usefulness of the Licensed Materials to Authorized Users. Licensor will assist Licensee upon request in creating such links effectively. Licensee may make changes in the appearance of such links and/or in statements accompanying such links as requested by the Licensor.
Use for Interlibrary Lending with the following restrictions:
- The Licensed Materials may not be used for any (i) fee-for-service use by Licensee including providing access to or selling copies of Items, (ii) systematic supply or distribution of portions of or Items from the Licensed Materials in any form to anyone other than an Authorized User or (iii) any similar activity.
- Licensee may use the Licensed Materials to fulfill in print or image form only interlibrary loan requests from institutions that do not have access to the Licensed Materials, provided that such fulfillment is in accordance with the interlibrary loan provisions of Section 108 of the US Copyright Act and the CONTU Guidelines promulgated thereunder and with analogous applicable laws of other jurisdictions.
- Such requests may be fulfilled only by the Institution printing a copy of the item and providing that print copy, or a photocopy or facsimile transmission thereof, to the requesting party or by using an automated InterLibrary Loan system providing that it supplies images only and not digital content.
- This clause pertains only to databases containing full text. It does not apply for PsycINFO.
The Licensee may incorporate parts of the Licensed Materials in electronic course packs and electronic reserve collection for the use by Authorized Users in a particular course of instruction at the Licensee's institution, but not for printed (hard copy) or CD-ROM versions of Course Packs, Commercial Use, or Re-sale. Each such item shall carry appropriate acknowledgment of the source, listing title and author of the extract, title and author of the work, and the publisher.
Access to stated materials are to be controlled by security measures. 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 are visually impaired.
Permission for other reproduction should be sought from the Publisher, via the APA Permissions Office.
This clause pertains only to databases containing full text. It does not apply for PsycINFO®.
Specific Restrictions on Use of Licensed Materials
Other than as specifically permitted in this Agreement, Licensee may not use the Licensed Materials for Commercial Use.
Licensee or Authorized Users may not remove, obscure or modify any copyright or other notices in the Licensed Materials.
Licensee or Authorized Users shall not modify or create a derivative work of the Licensed Materials without prior written permission of Licensor.
Licensee or Authorized Users may not systematically make print or electronic copies of multiple extracts of the Licensed Materials for any purpose other than back-up copies.
Licensee may not systematically distribute the whole or any part of the Licensed Materials to anyone other than Authorized Users without prior written permission of the Licensor.
No computer software is delivered as a part of this License and the License is not conditional upon the Licensee's ability to provide its own software or to use the Licensed Materials provided under this License. Licensor warrants and represents that it has the complete right to enter this agreement and to deliver the Licensed Materials.
This warranty is in lieu of any and all other warranties, written or oral, express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose. APA expressly disclaims the implied warranties of merchantability and fitness for a particular purpose.
Although care has been used in accuracy, completeness, or functioning thereof, Licensor assumes no responsibility for the Licensee's use thereof and shall not be liable for loss of profits, loss of use, or incidental, consequential, or exemplary damages as a result of such use, even if aware of the possibility thereof.
In no event may the Licensee bring any action arising out of the License more than three (3) years after the claim or cause of action arises. Licensor shall in no event be liable for more than the Fees paid (whether in contract or in tort, including negligence and strict liability).