Acceptance of these terms and conditions is required for all active AIP Articles On Demand Account holders. View a printable copy of this License here .

1. Description of Service
   AIP Articles On Demand^SM is a service of the American Institute of Physics ("AIP") that allows qualified institutions to prepay for a set number of article downloads from all AIP publications hosted on AIP's Scitation® online journal platform. Licensees may create an account ("the Account") for the AIP Articles On Demand service ("On Demand") by submitting payment to AIP for a bundle of 50, 100, 250, or 500 articles, and supplying valid IP addresses for the Licensee's Authorized Users as defined below. As articles are downloaded by Authorized Users, the Licensee's On Demand Account is debited. No single article will be debited more than once as long as the Account remains active. The designated administrator(s) of the Licensee will have access via username/password to a website (the "Account Manager") that tracks the number of full-text article downloads made by Authorized Users, displays a list of downloaded articles, and provides the means to replenish the Licensee's Account online. AIP Articles On Demand is available to qualified institutions, and AIP reserves the right to approve or deny any application for an On Demand Account.
   
   
2. Authorized Users
   Authorized Users (or "Users") means persons affiliated with Licensee as officers, employees, onsite consultants, interns, trainees, students, onsite contractors or others with legal access to Licensee's facilities.
   
   
3. Term of Service
   The Licensee's On Demand Account remains active for a period of 12 months from the date AIP notifies Licensee (by email) that the Account is active. Any time Licensee replenishes its Account by purchasing another set of articles, the Account will be extended for another 12 months from the most recent purchase date.
   
   If Authorized Users exhaust all of the available downloads prior to the end of the 12-month period, Licensee will still be able to access the Account Manager, view previously downloaded articles, and link to the full text, until the end of the 12-month period. If Licensee reaches the end of the 12-month term without replenishing the Account, even if there are unused downloads, the Account becomes inactive. AIP will maintain, and Licensee may view, the download history for an additional two months, during which time links to the full-text articles will continue. However, Authorized Users will lose access to the AIP content via the Licensee's IP addresses during this period. Once Licensee replenishes its Account with an additional purchase, these links will be restored and any remaining downloads from the prior purchase will be credited to the new Account. If Licensee does not renew its Account by the end of this two-month grace period, access to the Account Manager and previously downloaded articles will be terminated. AIP will maintain Licensee's download history for an additional seven months (for a total of nine months past the 12-month term), during which time the Licensee may replenish its account. If Licensee does not replenish its account by the end of this nine-month period, the Account will be terminated and no further service will be provided.
   
   
4. Permitted Use
   AIP grants the Licensee and Authorized Users the right to browse and search any of the AIP journals and proceedings online, and to view, save, download and print the full text of any article. Each time an article is downloaded via an IP address supplied by Licensee, Licensee's Account will be debited. AIP grants Users permission for brief quotations from the content with the customary acknowledgment of the source, and to copy and transmit any portion of the content from individual articles including the full text of the article in "person-to-person" and non-systematic exchanges of information between the User and specific individuals.
   
   Authorized Users may also use the "MyScitation" and "MyArticles" features of the AIP Scitation platform to collect and organize any articles downloaded in a personal account, for which individual registration is required.
   
   
5. Prohibited Use
   Altering, recompiling, systematic or programmatic copying, reselling, redistributing, publishing or republishing of any journal text, output, search results, or other information published by AIP, including without limitation copyright, proprietary, and/or other legal notices, in any form or medium, are prohibited. The systematic making of print or electronic copies for transmission to anyone other than Authorized Users is prohibited. Other such systematic or programmatic use of the licensed material that interferes with the access of Authorized Users or that may affect the performance of Scitation, for example, the use of "robots" to index content, or downloading or attempting to download large amounts of material in a short period of time, is prohibited. Users may not circumvent AIP's access control systems or use AIP's systems or services to make any attempt to gain unauthorized access to any other system or network. The Licensee assumes sole responsibility for all use of Scitation and AIP's online publications by the Licensee and by each Authorized User.
   
   
6. Copyright
   AIP content, including abstracts, is copyrighted by AIP and subject to all applicable copyright, database protection, and other rights of AIP under the laws of the United States and other countries. Copyright notices in AIP journals and articles may not be removed, modified, or obscured in any way.
   
   
7. Failure of Performance
   AIP is not liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. AIP will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.
   
   
8. Disclaimer of Warranties
   AIP warrants that it is entitled to grant the licenses granted in this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, AIP MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE JOURNALS AND SCITATION, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
   
   AIP SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY AIP ONLINE JOURNAL, AIP'S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY AIP OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF AIP IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF AIP FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE TO AIP FOR THE PERIOD OF SERVICE IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against AIP unless suit is filed thereon within one (1) year after the event giving rise to the claim.

This license will be governed by and construed in accordance with the laws of the State of New York, applicable to contracts entered into and fully performed in the State of New York.

Questions concerning this License may be directed to:
Publisher, Journals and Technical Publications
American Institute of Physics
2 Huntington Quadrangle
Melville, New York 11747-4502
Email: jrnlpub@aip.org
Fax: 516-576-2450

Last update: January 2007
AIP Articles On Demand
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