SITE LICENSE AGREEMENT

SITE LICENSE AGREEMENT
from Duke University Press
for Use of the Electronic Version of
DUKE MATHEMATICAL JOURNAL
Volumes 1-100
Duke University Press, at Box 90660 Duke University, Durham NC 27708-0660 USA, as Owner and
Publisher of the scholarly journal Duke Mathematical Journal (hereinafter referred to as DMJ), hereby
grants to __________________________________________________________________________
________________________________________________________________(Name of Licensee)
a nontransferable and nonexclusive annual right and license to access, receive, disseminate locally,
and use the electronic database of the first hundred volumes of DMJ (hereinafter referred to as DMJ
100), according to the procedures, terms, and conditions set forth in this Agreement; and with the
signature below Licensee accepts these terms.
1. Scope of License
Access to an electronic database of articles from Duke Mathematical Journal, volumes 1-100, will be
made available to all Internet Protocol (IP) addresses within the domain of the Licensee, as described
at the end of this document. All members of the Licensee's campus or institutional community who are
authorized to use the computers within this domain and all walk-ins are deemed Authorized Users of
the site license. For an organization with locations in more than one city, or with multiple locations in
one city, each location is considered to be a separate site and would require separate license
agreements unless a separate agreement can be negotiated between Duke University Press and
Licensee (with or without additional subscription fees being required by Duke University Press). The
Licensee may not provide access to faculty, students, or staff of Licensee when they are using a
computer that is neither within the institution's domain nor connected to a proxy server that is within that
domain, unless special prior arrangements have been made with the Duke University Press.
2. Access and Availability
Licensees will have two access options to DMJ 100; subscription on an annual basis or outright
purchase for a one-time fee.
License Option:
Annual Subscription to DMJ 100
Outright purchase of DMJ 100
Duke University Press, either directly or through a contractor, shall use all reasonable endeavors to
make access available on a 24-hour basis. But if access is suspended or interrupted for fault or defect
occurs that prevents access, Duke University Press’s liability shall be limited to using all reasonable
efforts to restore access as soon as is reasonably practicable.
3. Format
The DMJ articles will be formatted electronically as PDF and DjVu(another image compression
technology). Minimum software/hardware requirements for access to these files are a computer with

access to the World Wide Web through the network of the subscribing institution, a Web browser
(such as Netscape or Internet Explorer), and Adobe’s Acrobat Reader. Duke University Press
reserves the right to change the format in which the electronic files are made available, after
appropriate notification of Licensee, should changes in technology make such changes useful or
necessary. Every effort will be made by Duke University Press to allow simple and convenient access
by Licensee to the electronic versions of DMJ 100 articles at all times, but no guarantee is made or
implied by this License Agreement as to the form in which the DMJ files will be usable by Licensee.
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4. Permitted Use and Prohibitions
Authorized Users may download, save, and print DMJ 100 articles from the database for their own
noncommercial educational and research use, but may not further disseminate these articles in their
electronic form without express written permission from Duke University Press. Without such
permission, access to the DMJ 100 articles absolutely must be restricted to the faculty, staff, students,
and authorized on-site library users on a single university campus or other similar institution. It is strictly
prohibited for the Licensee to download copies of the database for archival use. (Licensees who select
the purchase option will be provided electronic files upon request. See Section 6.)
The Licensee will exercise reasonable vigilance to ensure that only Authorized Users access files from
DMJ 100. Provisions for sharing by Licensee of the electronic versions of DMJ 100 articles with
persons outside of Licensee's campus or institution, or with other institutions affiliated with Licensee,
may be negotiated between Duke University Press and Licensee (with or without additional subscription
fees being required by Duke University Press, depending on the particular situation and the effect of the
sharing on the market for DMJ 100). Any such amendments will not be valid unless attached in writing
to this License Agreement. Barring such negotiated amendments to this Agreement, any sharing or
dissemination of the electronic versions of DMJ 100 articles between institutions is strictly prohibited.
Interlibrary loan: A hard copy printed from the electronic files of DMJ 100 may be supplied to another
institution by mail or fax or secure transmission using Ariel or its equivalent (whereby the electronic file
is deleted immediately after printing). The supply of such copies must conform to CONTU guidelines or
similar restrictions to “fair use” provisions under copyright law.
5. Breach
Under ordinary circumstances, should a possible breach of this Agreement by the Licensee or an
Authorized User come to the attention of Duke University Press, Duke University Press will inform
Licensee and provide a reasonable amount of time (ordinarily 30 days) for investigation and, if
necessary, correction of the breach. But Duke University Press shall have the right immediately to
suspend this License Agreement, without need for provision of proof, if it determines that Licensee has
committed a serious and material breach of the Agreement that is likely to continue. For this purpose,
each individual user will be considered a representative of Licensee in determining whether a breach of
the access provisions of this License Agreement has occurred--i.e. Duke University Press reserves the
right to suspend the agreement, whether or not the breach originates from institutional action or from
the action of an individual authorized user at that institution, until it is assured that the problem has
been corrected. If it is feasible to cut off the access of a single offending user, rather than the entire
institution, that will be done.
The right of termination under this section shall be in addition to any other right or remedy any party
may have at law or in equity. Licensee acknowledges and agrees that a serious breach by Licensee of
the access provisions of this Agreement may cause irreparable injury to Duke University Press and
might be subject to injunctive and other equitable remedies against such breach.

If Duke University Press is in breach of this agreement, Licensee will inform the Press in writing and
allow 30 days to mend the breach. If the breach is not cured, Licensee may terminate the agreement
upon written notice and receive a pro-rated refund.
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6. Duration
If Licensee selects subscription access to DMJ 100 and cancels its subscription, with cancellation
defined as failure to pay for the current year by March 1 of the subscription year, Licensee’s access to
DMJ 100 will end.
Licensee may decide at any point to purchase outright the content of DMJ 100 rather than pay the
annual subscription fees. Duke University Press will provide all purchasing libraries with the electronic
files of DMJ 100 on a physical storage medium, in their current form as of the date of the purchase, and
these files may be copied into the institution's own information systems.
Purchasing libraries may also choose to pay a multi-year "access fee," at a rate substantially lower than
the annual subscription fee, that will provide them with access to the electronic files for DMJ 100 at all
times in their latest version (including any and all updates and upgrades). Libraries that pay the access
fee may at any time during the access period request the latest version of the DMJ 100 files on a
physical storage medium, in addition to their Web access.
7. Changes to License
Terms of this license are subject to change. Duke University Press will notify Licensee at least 90 days
in advance of implementation and will permit Licensee to terminate the agreement with a pro-rated
refund.
____________________________________________________________________________
(Date)
(Licensee signature)
Please type all of the following information, for the sake of legibility
(Date)
(Authorized representative of Duke University Press)
Name and Title of Licensee Signatory:
____________________________________________________________________________
E-Mail Address of Licensee: __________________________________________________________
Postal Address of Licensee:
__________________________________________________________
____________________________________________________________________________
IP Domain of Licensee Institution: ____________________________________________________