means the categories of persons associated with Customer as specified below who have been allowed access to Subscription by Customer, such access to be by Secure Authentication:

1. i. faculty members (including temporary or exchange faculty members for the duration of their assignment);
2. ii. enrolled post-graduate and undergraduate students;
3. iii. current staff members;
4. iv. contract personnel directly involved in educational and research activities of Customer; and
5. v. Walk-In Users, i.e. persons who do not fall into any of the categories above but are permitted by the Customer to access Subscription whilst they are on Customer’s physical premises. Such access must at all times be by Secure Authentication on computer terminals within the Customer’s physical premises. Walk-In Users may not be given means to access Subscription outside the Customer’s physical premises or by any wireless network unless the network is a secure network provided by the Customer.

means use which is for direct monetary reward or commercial advantage, whether by or for Customer or Authorised User, by means of the sale, resale, loan, transfer, hire or other form of exploitation of Subscription. For the avoidance of doubt:

1. i. charging of Authorised Users by Customer for use of Subscription is not deemed to constitute Commercial Use;
2. ii. use of Subscription by Customer or Authorised Users in the course of academic research funded by a commercial organisation is not deemed to constitute Commercial Use; and
3. iii. use of Subscription by Customer or Authorised Users in the course of contract research carried out for a commercial organisation to which the research results will be provided is deemed to constitute Commercial Use;

means an academic institution at Customer Address. Customer may also be an Authorised User.

means the site(s) of the Customer.

means Publisher periodicals, books and databases held in electronic form by Publisher.

means access to Subscription by Internet Protocol (“IP”) ranges or by a username and password provided by Publisher to Customer or by another means of authentication agreed between Publisher and Customer.

means RSC Electronic Content being made available free of charge to Customer.

means a person who is blind; who has an impairment of visual function which cannot be improved, by the use of corrective lenses, to a level that would normally be acceptable for reading without special level or kind of light; who is unable, through physical disability, to hold or manipulate a book; or who is unable, through physical disability, to focus or move his/her eyes to the extent that would normally be acceptable for reading;

means a category of Authorised User as set out in point (v) of the definition of Authorised Users.

Publisher licenses Customer to access and use Subscription through Publisher's website at Customer Site.

Publisher licenses Customer to provide access to Subscription via means of Secure Authentication to Authorised Users so that these users may access and use Subscription in accordance with the terms of this Agreement.

Publisher licenses Customer to use Subscription for the purposes of research, teaching, or private study only, and not for Commercial Use.

Publisher licenses Customer to include printed or electronic copies of items from Subscription:

1. i. in anthologies (course packs) in printed or electronic form for sale (as long as the sale is not for Commercial Use) and/or distribution to Authorised Users for their use in connection with a course of instruction only; and
2. ii. in reserves (in printed or electronic form) set up by Customer for access by Authorised Users in connection with specific courses offered by Customer.

Customer will use its best efforts to ensure that copies of material from Subscription in any online or offline (for example, CD-ROMs) electronic form whatsoever which are included in electronic course packs or reserves are deleted or destroyed, as appropriate, by Customer no later than thirty (30) days after the end of the term in which the related course concludes.

Acknowledgement of the form (where the copyright owner(s) to be used in the statement are available at www.rsc.org/journalscopyright):

1. i. “(original citation) – Reproduced by permission of The Royal Society of Chemistry"; or
2. ii. "(original citation) – Reproduced by permission of The Royal Society of Chemistry (RSC) on behalf of {the copyright owner} and the RSC";

must appear on such material in a position and typeface as to be clearly visible.

Publisher licenses Customer to re-engineer Subscription at Customer Site to provide suitable format(s) such that Authorised Users who are Visually Impaired Persons may have access to Subscription.

This clause applies to Journals only.

Publisher licences Customer to fulfil interlibrary supply requests from Customer Site to other libraries. Publisher licenses Customer to supply for each interlibrary supply request to a library, for the purposes of research for a non-Commercial Use or private study only, a single paper copy of an electronic original of an individual item which is part of Subscription. Such supply may be by post or fax or by secure transmission, in which latter case the electronic file must be deleted immediately after printing unless the user who is authorised at the said library is a Visually Impaired Person and the electronic file is explicitly provided solely for his/her personal use.

Publisher licenses Customer to make such back-up copies of Subscription at Customer Site as are reasonably necessary to give effect to its rights and obligations under this Agreement.

If Customer wishes to make any other use of Subscription or to carry out any other activity related to Subscription that is not explicitly mentioned above in this Clause 2 or set out in Clause 5, Customer must obtain prior written permission from Publisher.

Subscription is copyright and is subject to all applicable copyright, database protection, and other rights of the copyright owner and Publisher. The names of the author(s) and the copyright notices may not be removed, obscured, or modified in any way. Customer shall take the same precautions to prevent theft or inadvertent illicit use of the intellectual property in Subscription that it takes to prevent theft of its own intellectual property. The relevant copyright notice must be displayed on all copies of information made from Subscription (see Clause 2.4 for the form of words to be used).

Customer acquires no intellectual property rights in Subscription and all such rights remain with the copyright owner.

Customer shall abide by Publisher’s Terms and Conditions as set out in Clause 5 (also available on Publisher’s website(s)). Customer shall make all reasonable efforts to distribute these Terms and Conditions to Authorised Users to make them aware of Publisher’s Terms and Conditions. Notwithstanding Clause 13, and subject only to Publisher giving Customer thirty (30) days prior notice, Publisher’s Terms and Conditions are subject to change at any time at the discretion of Publisher.

Each party shall use its best endeavours to safeguard the intellectual property and proprietary rights of the other party.

Authorised Users of Subscription are permitted to:

In addition to Clause 5.1 above, Authorised Users, other than Walk-in Users, of information from Subscription are permitted to:

The form of acknowledgement to be used is specified in Clause 2.4 above.

Walk-in Users are permitted to search the Subscription and to make a copy of their results in accordance with fair use/fair dealing principles for their scholarly, research, educational and personal use only. No Commercial Use of the Subscription is allowed.

If Authorised Users wish to gain permission from Publisher to carry out any other activity not explicitly mentioned above, they must obtain prior permission from Publisher. Details of the RSC’s procedures for processing permission requests can be found on the RSC’s website at www.rsc.org/permissions.

Prohibited Use. Customer and Authorised Users of RSC Electronic Content shall not use any automated program, including without limitation webcrawlers, to access RSC Electronic Content. Such activities may have a detrimental effect on RSC Electronic Content or access thereto, and they are strictly forbidden.

Customer's access to Subscription shall be via Secure Authentication.

Publisher shall use its reasonable endeavours, subject to any reasonable periods of planned downtime or maintenance, to make Subscription available to Customer 24 hours a day, 7 days a week. In the event of any unplanned downtime or unavailability of the Subscription for any reason, whether through the fault of Publisher or otherwise, Publisher’s sole responsibility shall be to use its reasonable endeavours to restore access to Subscription as soon as reasonably practicable and Publisher shall have no liability to Customer for such interruption to access.

Publisher reserves the right to change the format of or the hosting service for Subscription.

Customer’s access to Subscription is at all times subject to compliance with the terms of this Agreement.

Where, following termination of this Agreement as set out below, Customer’s access to Subscription continues, it shall be subject to Customer abiding by those terms of this Agreement that are relevant to such access. Such terms shall continue to have effect for the duration of Customer’s access, and Customer hereby acknowledges and agrees that if Publisher reasonably believes Customer is in breach of such terms, Publisher may at any time terminate Customer’s access.

Upon termination under Clause 8.3 or 8.4, or termination by Customer under Clause 8.1, Publisher shall provide continuing access to Customer to the articles from Subscription. Customer shall continue to have the rights granted in this Agreement with respect to Subscription, provided Customer abides by Publisher's Terms and Conditions in force at the time. Access shall be via Publisher's server.

Upon termination of the Agreement by Publisher under Clause 8.1 or 8.2, Publisher shall immediately remove Customer access to Subscription.

If either party shall fail to observe or perform any one or more of its obligations hereunder, either party may request the other by notice in writing, specifying the default, to remedy the default (if remediable) within thirty (30) days of notice, and if such remedy has not been completed within the said thirty (30) day period, or if no remedy is possible, the non-breaching party may terminate this Agreement forthwith.

If Publisher becomes aware that Customer is in material breach of this Agreement and reasonably believes such breach is likely to cause serious financial, operational or reputational loss to Publisher, Publisher may temporarily suspend Customer’s access to Subscription to the Customer Site that is responsible for the breach and notify Customer in writing as soon as reasonably practical.

Customer shall have thirty (30) days from receipt of written notice from Publisher in which to remedy the breach. Once the breach has been remedied to Publisher’s satisfaction or the breaching activity halted, Publisher shall promptly reinstate access to Subscription.

If Customer does not satisfactorily remedy or halt the breaching activity within thirty (30) days, Publisher may terminate this Agreement with immediate effect upon written notice to Customer.

Publisher may terminate this Agreement if Customer has persistently and materially breached this Agreement, irrespective of whether such breaches were later remedied, which shall be deemed to occur if Customer materially breaches this Agreement three (3) or more times during any twelve (12) month period during which the Agreement is in force.

Either party shall have the right to terminate this Agreement summarily upon notice to the other upon the other committing an act of bankruptcy or having a receiver or liquidator appointed over its assets except for the purposes of amalgamation or reconstruction.

Termination of this Agreement for whatsoever reason shall be without prejudice to the right of the parties to claim damages for any previous breach.

Termination of this Agreement (howsoever arising) shall not affect the rights of either party accrued prior to termination and any provision of this Agreement which needs to survive termination of this Agreement in order to give full effect to its meaning shall do so.

Publisher hereby warrants to Customer that it has full power to enter into and perform this Agreement and that so far as it is aware Subscription does not violate or infringe any existing copyright, licence or third-party rights.

Customer hereby warrants to Publisher that it has full power to enter into and perform this Agreement.

Publisher shall use reasonable endeavours to ensure that Subscription is accurate, error-free and uncorrupted, but Publisher accepts no liability whatsoever for any loss, claim or damage or any nature, whether direct, indirect, consequential or special (including without limitation, legal fees) suffered or incurred by Customer and alleged to be caused by:

1. i. omissions or errors in the Subscription or their consequences; or
2. ii. faults in or corruption of Subscription or their consequences, including but not limited to any defects caused by or during the transmission of Subscription across the Internet or by the processing of Subscription by Customer.

Nothing in this Agreement shall limit or exclude the liability of either party to the other for death or personal injury caused by its negligence or that of its employees, servants or agents.

Subject to Clauses 9.4 and 9.6, in the event that Customer makes a claim against Publisher for whatever reason, Publisher’s liability (if any) shall be limited to restoring access to Subscription as soon as reasonable practicable and Publisher shall have no other liability for such cessation of access. for the Subscription. Under no circumstances shall Publisher be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect).

Publisher shall indemnify and hold Customer harmless from and against any direct loss, damage, cost, liability or expense (including reasonable legal and professional fees) arising out of any legal action taken against Customer by a third party claiming Subscription is in actual or alleged infringement of their intellectual property rights. This indemnity is subject to (a) the Customer promptly notifying the Publisher of any claim or action, (b) the Publisher having sole control of such claim or action, and (c) the Customer not making any admission of liability or agreeing to settle or compromise the claim or action. This indemnity shall survive the termination of this Agreement for any reason. This indemnity shall not apply if Customer has amended Subscription in any way to the extent that such amendment is the cause of the infringement.

If Publisher becomes aware of any item or part of an item in Subscription for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable, it shall use reasonable efforts to make the item or part of an item acceptable to remain in Subscription. If this is not reasonably practicable, Publisher reserves the right at any time to withdraw from Subscription any such item or part of an item. Publisher shall give written notice to Customer of such withdrawal as soon as reasonably practicable.

Nothing in this Agreement shall make Customer liable for breach of the terms of this Agreement by any Authorised User provided that Customer did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual breach having occurred.

This Agreement, together with the associated information relating to Subscription and Secure Authentication, embodies and sets forth the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements relating to the subject matter of this Agreement. Neither party shall be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in this Agreement.

No failure to delay on the part of either party hereto to exercise any right or remedy under this Agreement shall be construed or operated as a waiver thereof nor shall any single or partial exercise of any right or remedy as the case may be. The rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided by law.

Customer may not assign or transfer its rights or obligations under this Agreement without the prior written consent of Publisher, such agreement not to be unreasonably withheld.

If rights in all or any part of Subscription are assigned to another publisher, Publisher shall use its best endeavours to ensure that Customer may continue to have access to the Subscription which is the subject of this Agreement.

Both parties shall keep the terms of this Agreement strictly confidential, with the exception of Clause 5, and shall not disclose same except to the extent any disclosure is required by law, or court or administrative or regulatory body of competent jurisdiction.

Publisher retains server logs which contain detailed Customer and Authorised User access information including without limitation date and time of access, details of the Secure Authentication employed and specific file name and type downloaded from Subscription. This access information may be used by Publisher and its agents only for Publisher’s internal purposes including management information reporting, monitoring and enforcement of Customer’s access, and Customer support purposes. Publisher shall use its best endeavours to keep confidential from third parties this access information and these usage statistics. Publisher and Customer shall each comply with the requirements of any data protection legislation currently in force and applicable to them.

Rights of Third Parties. The parties hereby confirm that no provision of this Agreement shall or shall purport to confer on any third party any right to enforce any term of the Agreement for the purposes of the Contracts (Rights of Third Parties) Act 1999.

Usage Statistics. For Customers accessing Subscription by Internet Protocol (“IP”) ranges, Athens or Shibboleth, Publisher will provide Customer with access to usage statistics compliant with the latest release of the Project COUNTER Code of Practice (www.projectcounter.org). These statistics will cover all Journals.

Google Scholar. Publisher works with Google to enhance searching of its content via Google Scholar. Customer acknowledges that to facilitate this service Publisher will provide Google with details of Customer’s Publisher Content and IP addresses via a protected page accessible only by Google. No usage information will be included in the transmission. Customer may opt out of this service via Publisher’s Librarians’ Portal at www.rsc.org/librarians.

Unless Clause 21.2 is applicable this Agreement shall be governed by and construed in accordance with the laws of England irrespective of the place of its physical execution and the parties hereto hereby submit to the exclusive jurisdiction of the English courts in respect of any contractual and non-contractual disputes arising out of or in connection with this Agreement.

If Customer is a US State entity this Agreement shall be governed by and construed in accordance with the laws of the particular US State irrespective of the place of its physical execution and the parties hereto hereby submit to the exclusive jurisdiction of the courts of the US State in respect of any contractual and non-contractual disputes arising out of or in connection with this Agreement.