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 grants you
access to IOP Publishing's on line document delivery service, and the ability to
purchase by credit card single articles ("the Article") from IOP Publishing
journals ("Journals") which are available for such purchase on the
terms and conditions set out below.
IOP Publishing 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
IOP Publishing 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.
IOP Publishing 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.
Each of the Journals, Articles and their partial content, including abstracts,
are copyright of IOP Publishing 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.
IOP Publishing 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. IOP Publishing 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, IOP Publishing's sole liability shall be to
deliver such Article at another time.
5. Print Version is Official Version of Record
IOP Publishing 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 IOP Publishing 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
IOP Publishing warrants that it is entitled to grant the licences granted herein. EXCEPT
AS SET FORTH IN THE PRECEDING SENTENCE, IOP Publshing 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.
IOP Publishing 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, IOP PUBLISHING'S PERFORMANCE
UNDER THIS AGREEMENT OR FOR TERMINATION OF THIS AGREEMENT BY IOP PUBLISHING. IN NO EVENT
SHALL THE TOTAL AGGREGATE LIABILITY OF IOP PUBLISHING 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 IOP PUBLISHING FOR THE ARTICLE(S) DURING THE CALENDAR YEAR IN WHICH SUCH
CLAIM, LOSS OR DAMAGE OCCURRED, EVEN IF IOP PUBLISHING 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 IOP PUBLISHING 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
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.
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