SPIE Digital Library Individual User License
1. THIS AGREEMENT between the Subscriber and SPIE grants the Subscriber the right
to access the SPIE Digital Library or SPIE Online Journals-as served
by the American Institute of Physics (AIP)-for which you maintain,
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Agreement.
The SPIE Digital Library and SPIE Online Journals are the electronic
versions of the following publications published and copyrighted
by SPIE:
Optical Engineering
Journal of Biomedical Optics
The Journal of Electronic Imaging (jointly published and copyrighted
by SPIE and IS&T-The Society for Imaging Science and Technology)
Journal of Micro/Nanolithography, MEMS, and MOEMS
Journal of Applied Remote Sensing
Journal of Nanophotonics
Proceedings of SPIE.
Separate subscriptions are available for each journal. Subscription
to the SPIE Digital Library includes access to all of these titles.
Access rights for a given subscription may be limited to a subset
of the publications available online.
The AIP Scitation includes the SPIE
Digital Library and any additional features that AIP may choose
to provide, including but not limited to the SPIN bibliographic
database and online document delivery services; any restrictions
on use apply to all online materials accessed under this License.
2. Authorized User
SPIE's grant to you of online access to each SPIE Online Publication
for which you maintain a current subscription extends only to you
individually and may not be transferred to, or extended to, others.
You agree to maintain your user ID and password as private and confidential
information. Unauthorized use of the Subscriber's user ID and password
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the Subscriber's knowledge, is a breach of this Agreement and a
violation of SPIE's copyrights.
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The Subscriber is permitted online access to SPIE Online Publications
for which you maintain a current subscription, and may download,
save, or print text, search results, or other information from SPIE
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The Subscriber agrees to use this online access in a way that conforms
to all applicable laws and regulations. SPIE grants the Subscriber
permission for brief quotations from SPIE Online Publications for
which you maintain a current subscription, with the customary acknowledgment
of the source, subject to the restrictions, if any, set forth in
the article.
4. Prohibitions on Certain Uses
Altering, recompiling, copying, reselling, redistributing, publishing,
or republishing (beyond the brief quotations permitted under Section
3) of any text, output, search results, or other information from
SPIE Online Publications for which you maintain a current subscription,
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 nonsubscribers or nonsubscribing institutions are prohibited.
All rights not expressly granted are reserved to SPIE.
SPIE shall not be required to distribute, and the Subscriber shall
not redistribute, content from the SPIE Online Publications for
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export thereof is prohibited by U.S. law or regulation.
5. Duration of Agreement
This Agreement will become effective on acceptance by you of this
license, as evidenced by your checking the user acceptance box and
completing registration of your online subscription, and, subject
to the terms and conditions of this Agreement, will remain in effect
while you maintain a current online subscription to SPIE Online
Publications. This Agreement will terminate:
a. Subject to (b) and (c) below, if your online subscription lapses
(termination is effective at the end of the period for which a subscription
is maintained).
b. Immediately, if any term or condition of this Agreement is violated
for any reason, knowingly or unknowingly.
c. Following thirty (30) days' prior written notice by SPIE and/or
its agents of any change in the terms of this Agreement and receipt
by SPIE or its agents of notice from you in writing, by e-mail,
or by fax that you do not accept such change or changes. (In the
absence of any such objection by the Subscriber, SPIE's new terms
shall apply.)
6. Copyright
The SPIE Online Publications for which you maintain a current subscription
and their contents, including abstracts, are copyrighted by SPIE
(jointly by SPIE and IS&T in the case of the Journal of Electronic
Imaging) and are subject to all applicable copyright, database protection,
and other rights of SPIE (SPIE and IS&T) as copyright owner(s)
and publisher(s) under the laws of the United States and other countries.
Copyright notices in SPIE Online Publications for which you maintain
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7. Failure of Performance
Following online access approval, the Member or Nonmember Subscriber
will be permitted to attempt online access to SPIE Online Publications
for which you maintain a current subscription at any time. SPIE,
however, will not be liable for any delay, downtime, transmission
error, software or equipment incompatibilities, force majeure, or
other failure of performance. SPIE and/or its agents will use commercially
reasonable efforts to correct any material performance problem brought
to its attention and may suspend performance pending such correction.
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SPIE warrants that it is entitled to grant the licenses granted
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OR IMPLIED, WITH RESPECT TO THE SPIE ONLINE PUBLICATIONS FOR WHICH
YOU MAINTAIN A CURRENT SUBSCRIPTION, INCLUDING THEIR QUALITY, ORIGINALITY,
SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. SPIE AND/OR AIP SHALL NOT BE
LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION
OR LICENSES GRANTED HEREUNDER; THE USE OR INABILITY TO USE THE SPIE
ONLINE PUBLICATIONS FOR WHICH YOU MAINTAIN A CURRENT SUBSCRIPTION;
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OF THIS AGREEMENT BY SPIE; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL,
EVEN IF SPIE AND/OR AIP IS ADVISED OR AWARE OF THE POSSIBILITY OF
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YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT,
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
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10. General
This Agreement constitutes the entire agreement between the parties
and supersedes any prior communication between the parties with
respect to the subject matter hereof. Subject to termination under
Section 5, this Agreement may be amended only by an instrument executed
by both parties. The headings used in this Agreement are for convenience
only and are not to be considered in construing the terms of this
agreement. The Subscriber may not assign or transfer his/her rights
under this Agreement. The provisions of Sections 3, 4, 6, 8, 9,
and 10 hereof shall survive any expiration or termination of this
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to contracts entered into and fully performed in the State of Washington.
Any action arising out of or relating to this Agreement or SPIE
Online Publications for which you maintain a current subscription
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and the parties consent to the jurisdiction of such courts.
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