Site License Agreement for TESOL Serials

From Teachers of English to Speakers of Other Languages, Inc. (TESOL), for Use of the Electronic Versions of TESOL Quarterly and TESOL Journal

Teachers of English to Speakers of Other Languages, Inc. at 1925 Ballenger Avenue, Suite 550, Alexandria, Virginia 22314-6820 USA (“TESOL”), as owner and publisher of TESOL Quarterly and TESOL Journal (“the Licensed Materials”), hereby grants to the subscribing institution (“Subscriber”) a nontransferable and nonexclusive annual right and license to access, receive, disseminate locally, and use the electronically available versions of the Licensed Materials according to the procedures, terms, and conditions set forth in this Agreement.

1. Warranty

TESOL warrants to the Subscriber that it is the owner and publisher of the Licensed Materials and has acquired exclusive worldwide rights to publish the Licensed Materials in all formats, including online, in accordance with the terms and conditions set forth in this Agreement. TESOL warrants further that if the Licensed Materials are used in accordance with this Agreement, they do not in any known way infringe on any copyright or other proprietary intellectual property rights.
 
The Subscriber and its Authorized Users (as defined in Section 3) acknowledge that TESOL retains ownership of the copyright to the Licensed Materials and any trademarks, service marks, or logos related to the Licensed Materials. Using the Licensed Materials in any way that violates U.S. copyright law or falls outside this Agreement is strictly prohibited.
 
TESOL reserves the right to withdraw from the Licensed Materials any materials that it no longer retains the right to publish or that  it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable.
 
2. Subscription Fee and Terms of Access

The Subscriber will pay TESOL an annual subscription fee for use of the Licensed Materials as set forth in this Agreement. The subscription entitles the Subscriber to perpetual full-text access to all the Licensed Materials archived on IngentaConnect for one year, including back content.
 
The Subscriber agrees to abide by IngentaConnect’s User Agreement. Where IngentaConnect’s User Agreement conflicts with this License Agreement, this Agreement shall prevail.
 
Should the Subscriber terminate the subscription, this Agreement is void and access to the Licensed Materials through IngentaConnect will be terminated immediately.
 
IngentaConnect is responsible for maintaining access to the Licensed Materials. If access is suspended or interrupted or a defect occurs that prevents access, TESOL’s liability shall be limited to using all reasonable efforts to notify its contractor, IngentaConnect, of the problem.
 
3. Authorized Users and Scope of License

All members of the Subscriber’s campus or institutional community who are authorized to use the institution’s computers are deemed Authorized Users of this license. Walk-ins are also deemed Authorized Users, but they do not have remote access privileges.
 
For institutions with locations in more than one city, each location is considered to be a separate site and would require a separate subscription fee and License Agreement. For example, the University of Michigan has campuses in Ann Arbor, Flint, and Dearborn. Each campus location would require its own subscription and site license.
 
4. Permitted Use and Prohibitions

The Subscriber will make all reasonable efforts to ensure that access is limited to Authorized Users as defined in this Agreement (see Section 3).
 
Authorized Users may download, save, and print articles from the Licensed Materials for their own personal educational and research use, but they may not further disseminate articles in any format, including posting online, without written permission from TESOL.
 
Archiving: Downloading entire issues from the Licensed Materials for any purpose other than electronic reserves without written permission from TESOL is strictly prohibited. Back issues are available from TESOL for a fee. Archiving the Licensed Materials in electronic or paper form is also strictly prohibited.
 
Electronic Reserves: The Subscriber may post an unlimited number of articles from the Licensed Materials on a password-protected electronic reserve system for student and faculty use in connection with a university-approved course. Articles placed on electronic reserve are to be used for educational or research purposes only. Articles may not be used in any way the violates the TESOL Site License Agreement.
Access to articles posted on electronic reserve must be limited to students enrolled in a particular university-approved course, the instructor, and staff responsible for administering the course or the electronic system. Access may be limited using any of the following methods or some other appropriate method:

  1. Individual password that verifies student’s registration status.
  2. A password given to all members of an individual class.
  3. A system that allows retrieval of works by course number or instructor name.

On workstations with access limited to students enrolled in a particular course and faculty and staff responsible for administering the course or the electronic system.

The reserves must include the following copyright notice in a place where users will see it:

The copyright holder for this work is Teachers of English to Speakers of Other Languages, Inc. (TESOL). Authorized users may download a copy of the article for personal educational or research use only. The user may not sell or distribute additional copies in any format without written permission from TESOL.

Articles can be placed on reserved only so long as the posting institution maintains the Site License Agreement with TESOL. The subscribing institution agrees to remove electronic reserves as soon as possible after the course for which they were reserved has ended. If the institution does not renew its subscription to TESOL serial publications, it agrees to remove all TESOL serials placed on reserve immediately.

Interlibrary Loan: A hard copy printed from the electronic files of the Licensed Materials may be provided to another institution either by mail, fax, or secure transmission using Ariel or some other system that immediately deletes the electronic file after printing.
 
Copies supplied through interlibrary loan must conform to National Commission on New Technological Uses of Copyrighted Works (CONTU) guidelines or similar restrictions to “fair use” provisions under U.S. copyright law.
 
Coursepacks: Subscriber and Authorized Users may copy the Licensed Materials for research or course work without explicit permission from TESOL as long as the copies are supplied to the user at no cost. Copies supplied to the user for a fee of any kind require written permission from TESOL and may incur a licensing fee.
 
5. Breach

Should a breach of this Agreement by the Subscriber or an Authorized User come to the attention of TESOL, TESOL will inform the Subscriber in writing and ask that the breach be corrected within 30 days.
 
Should TESOL determine that the Subscriber has committed a serious and material breach of this Agreement or finds that a breach is likely to continue, TESOL reserves the right to suspend this License Agreement immediately and at its sole discretion, without proof, until such time as the breach has been corrected.
 
If TESOL is in breach of this agreement, the Subscriber will inform TESOL in writing and allow 30 days for TESOL to mend the breach. If the breach is not mended, the Subscriber may terminate this agreement with written notice and apply to TESOL for prorated refund.
 
6. Changes to this License Agreement

This Agreement constitutes the entire agreement and supersedes all prior communications, understandings, and agreements until such time as this Agreement is modified or amended and those changes are agreed to in writing by both parties.