AIP Article Packs Terms of Use (09/2002)

1. The American Institute of Physics (hereinafter "AIP") grants you (hereinafter "you," "your," or "User") the right to access the AIP Article Packs Service (hereinafter the "Service"), and to purchase by credit card or other available means through your Service account access to User- selected groups of articles and any parts thereof available through the Service (collectively, hereinafter "Articles") and any additional services that may be offered in conjunction with Articles or the publications from which those Articles are derived (collectively, hereinafter "Publications"), subject to the terms and conditions set forth herein.

     AIP reserves the right, at its discretion, to change, modify, or remove any of these Terms of Use (Terms) at any time. Notice of such changes will be posted on the Service.

2. User Information
     All credit card information will be held as confidential by AIP in accordance with AIP's commercially reasonable business practices. AIP will use such information only for processing credit card transactions for the Service. AIP will use commercially reasonable efforts to ensure that, except by the order or requirement of a court, administrative agency, or other governmental body, no one other than AIP or any financial institution involved in processing your Service account, authorizations, or payments, will receive specific personal identifying information about your use of the Service.

3. Permitted Use and Duration of Access
     AIP grants to you repeated online access to the abstract and PDF version of each Article downloaded through your Service account for a one-year period after your last purchase of access to a group of articles. You may download and store or print text, search results, or other information from such Articles solely for your own private use or research; as stated in Section 4, institutional use of this Service and/or transmission of Articles to third parties are prohibited. All access to the Service will be terminated upon expiration of the one-year period and any unused downloads will be forfeited. Purchase of a new set of articles prior to the expiration of your Service account will reset the expiration date to one-year from the date of that new purchase, allowing you to maintain access to all downloaded articles and to select new articles with any unused portion(s) of your previous purchase(s) until the new date of expiration.

     You agree to use the Service and this online access in a way that conforms with all applicable laws and regulations, and you specifically agree not to make any attempt to gain unauthorized access to this or any other system or network accessed with your Service account.

4. Copyright; Prohibitions on Certain Uses
     Each of the Publications, Articles and their partial content, including abstracts, are copyrighted by AIP and are subject to all applicable copyright, database protection and other rights of the copyright owner and publisher under the laws of the United States and other countries. Copyright notices in the Publications, Articles, or abstracts may not be removed, obscured, or modified in any way.

     AIP grants you permission for brief quotations from the text of Articles, with the customary acknowledgment 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 acknowledgment 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. Use by libraries or other institutional uses of this Service are prohibited; this Service is for personal use only. AIP reserves the right to limit Service purchases to the level judged appropriate for individual use. All rights not expressly granted are reserved to AIP.

     AIP shall not be required to distribute, and you shall not redistribute, any Article or Publication to a country where the export thereof is prohibited by U.S. law, order, or regulation. You represent that you are from a "permitted country" and that this does not violate U.S. law.

5. Failure of Performance
     AIP 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. AIP will use its commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.

6. Disclaimer of Warranties; Limitation of Liability; Indemnification
     AIP warrants that it is entitled to grant the licenses granted herein. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, AIP 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, 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 ARTICLE, 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 EVENT, INCLUDING BUT NOT LIMITED TO, ANY BREACH OR TERMINATION OF THIS AGREEMENT, EXCEED THE TOTAL AMOUNT PAID BY YOU TO AIP FOR THE ARTICLE(S), BUT NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00), FOR THE CURRENT YEAR 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.

     You assume sole responsibility for all use of any Article you have downloaded and agree to indemnify and hold AIP harmless from and against any and all claims, liabilities, damages, expenses (including attorneys' fees and experts' costs, penalties and fees, if any, for the enforcement of these Terms and otherwise for AIP's defense of indemnified claims), losses and threatened losses arising from or in connection with any breach of this Agreement, including without limitation, claims of unauthorized use and unauthorized distribution.

7. General
     These Terms of Use constitutes the entire agreement between the parties and supersedes any prior communication or agreement between the parties with respect to the subject matter hereof. Should any of the covenants, terms, conditions or provisions of these Terms be held invalid for any reason, such invalidity shall not affect the other provisions of these Terms which can be given effect without the invalid provision, as the provisions of these Terms are intended to be and shall be deemed severable. In the event of any such invalidity, the parties (or, if in dispute, the court) shall apply valid provisions as nearly similar to such invalid provisions as shall be valid and enforceable. The headings used in these Terms are for convenience only and are not to be considered in construing the Terms.

You may not assign or transfer your rights under these Terms.

     These Terms 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. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.