Individuals

1. THIS AGREEMENT between the subscriber (Subscriber or you) and the American Institute of Physics (AIP) grants you the right to access the online version of journals for which you maintain a current subscription to the printed version thereof, subject to the terms and conditions set forth in this Agreement.

TERMS and CONDITIONS

2. Authorized User
AIP's grant to you of online access to this journal, which you maintain a current subscription to the print version thereof, 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 for online access to the journal, with or without the Subscriber's knowledge, is a breach of this Agreement and a violation of AIP's copyrights.

3. Permitted Use
The Subscriber is permitted online access to this journal, and may download or print text, search results, or other information from the journal solely for the private use or research of the individual Subscriber. The Subscriber agrees to use this online access in a way that conforms with all applicable laws and regulations. The Subscriber specifically agrees not to make any attempt to gain unauthorized access to any other system or network.

AIP grants the Subscriber permission for brief quotations from the AIP online journal article texts, 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 journal text, output, search results, or other information from any AIP 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 non-subscribers are prohibited. All rights not expressly granted are reserved to AIP.

AIP shall not be required to distribute, and Subscriber shall not redistribute, any AIP online journal to a country where the export thereof is prohibited by U.S. law or regulation.

5. Duration of Agreement
This Agreement will remain in effect while you maintain a current print subscription to the AIP journal. This Agreement will terminate:

a. Subject to (b) and (c) below, if the print subscription lapses (termination is effective at the end of the period during 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 AIP of any change in the terms of this Agreement, receipt by AIP of notice from you in writing, or by e-mail or by fax that you do not accept such change or changes. (In the absence of any such objection by Subscriber, AIP's new terms shall apply.)

6. Copyright
AIP online journals and their contents are copyrighted by AIP and are subject to all applicable copyright, database protection and other rights of AIP as copyright owner and publisher under the laws of the United States and other countries. Copyright notices in the AIP journals may not be removed, obscured, or modified in any way.

7. Failure of Performance
Following online access approval, the Subscriber will be permitted to attempt online access to the journal at any time. AIP, however, will not be 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. Official Version of Record
AIP is responsible for ensuring that the online version of its journals correspond in content with the print versions, but AIP does not guarantee that they do. In the event of any inaccuracy or any discrepancy between the print and online versions, the print version will be the official version of record.

9. Disclaimer of Warranties; Limitation of Liability; Indemnification
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 AIP ONLINE 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 SUBSCRIPTION OR 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 SUBSCRIBER TO AIP FOR THE ONLINE JOURNAL SUBSCRIPTION, BUT NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00), FOR THE CURRENT SUBSCRIPTION 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.

The Subscriber assumes sole responsibility for all use of the AIP online journals and agrees 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 this Agreement 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.

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 4, this Agreement may be amended only by a written instrument signed 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 its rights under this Agreement. The provisions of Sections 2, 3, 5, 7, 8 and 9 hereof shall survive any expiration or termination of this Agreement. This Agreement 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. Any action arising out of or relating to this Agreement or any AIP journals shall be brought in courts situated in Nassau County, New York and the parties consent to the jurisdiction of such courts.

Institutions

1. THIS AGREEMENT between the subscriber identified below ("Subscriber" or "you") and the American Institute of Physics ("AIP") grants the Subscriber and Authorized Users (defined below) at the Subscriber's institution the right to access the online version of those AIP journals for which the Subscriber maintains a current subscription to the printed version thereof, subject to the terms and conditions set forth in this Agreement.

2. IP Addresses
Section 3 below defines the Authorized Users who will be allowed online access to the AIP journals referred to in such Section. Authorized Users will be recognized and authorized by their Internet address.

TERMS and CONDITIONS

3. Authorized Users
AIP's grant to the Subscriber and Authorized Users at the Subscriber's institution of online access to each AIP journal for which the Subscriber maintains a current subscription to the print version thereof extends only to the Subscriber and such Authorized Users individually and may not be transferred to, or extended to, others. For purposes of this Agreement, "Authorized Users" means only the employees, faculty, staff, and students officially affiliated with the Subscriber, using an IP address within the range identified in Attachment 1. Authorized Users may be persons affiliated with remote sites or campuses that are administered from the Subscriber's site or campus, but not persons at remote sites or campuses with separate administrations. Unauthorized use of the Subscriber's IP address for online access to the AIP journals, with or without the Subscriber's knowledge, is a breach of this Agreement and a violation of AIP's copyrights.

The Subscriber warrants and represents that each Authorized User has agreed to the terms and conditions set forth in this Agreement. The Subscriber shall be responsible for storage, display, access control and security measures.

4. Permitted Use
The Subscriber and Authorized Users are permitted online access to the AIP journals referred to in Section 1, and may download or print text, search results, or other information from such AIP online journals solely for the private use or research of the Subscriber and the Authorized User. The Subscriber and each Authorized User agrees to use this online access in a way that conforms with all applicable laws and regulations. The Subscriber and each Authorized User specifically agrees not to make any attempt to gain unauthorized access to any other system or network.

AIP grants the Subscriber and Authorized Users permission for brief quotations from the AIP online journal article texts, with the customary acknowledgment of the source.

5. Prohibitions on Certain Uses
Altering, recompiling, copying, reselling, redistributing, publishing or republishing (beyond the brief quotations permitted under Section 4) of any journal text, output, search results, or other information from any AIP 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, printing for fee-for-service purposes and/or the making of print or electronic copies for transmission to non-subscribers or non-subscribing institutions (such as in interlibrary loan) are prohibited. All rights not expressly granted are reserved to AIP.

AIP shall not be required to distribute, and Subscriber shall not redistribute, any AIP online journal to a country where the export thereof is prohibited by U.S. law or regulation.

6. Duration of Agreement
This Agreement will become effective on receipt by AIP of the Agreement signed by an authorized agent of the Subscriber, and, subject to the terms and conditions of this Agreement, will remain in effect while the Subscriber maintains a current print subscription to the AIP journal(s). This Agreement will terminate:

a. Subject to (b) and (c) below, if the print subscription lapses (termination is effective at the end of the period during 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 AIP of any change in the terms of this Agreement, receipt by AIP of notice from the Subscriber in writing, or by e-mail or by fax that the Subscriber does not accept such change or changes. (In the absence of any such objection by Subscriber, AIP's new terms shall apply.)

7. Copyright
AIP online journals and their contents, including abstracts, are copyrighted by AIP and are subject to all applicable copyright, database protection and other rights of AIP as copyright owner and publisher under the laws of the United States and other countries. Copyright notices in the AIP journals may not be removed, obscured, or modified in any way.

8. Failure of Performance
Following online access approval, the Subscriber and Authorized Users will be permitted to attempt online access to the AIP journals referred to in Section 1 at any time. AIP, however, will not be 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.

9. Official Version of Record
AIP will use commercially reasonable efforts to ensure that the online versions of its journals correspond in content with the print versions, but AIP does not guarantee that they do. In the event of any discrepancy between the print and online versions, the print version will be the official version of record.

10. Disclaimer of Warranties; Limitation of Liability; Indemnification
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 AIP ONLINE 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 SUBSCRIPTION OR 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 SUBSCRIBER TO AIP FOR THE ONLINE JOURNAL SUBSCRIPTION, BUT NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00), FOR THE CURRENT SUBSCRIPTION 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 unle event giving rise to the claim.

The Subscriber assumes sole responsibility for all use of the AIP online journals by Subscriber and by each Authorized User and agrees 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 this Agreement 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.

11. 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 6, this Agreement may be amended only by a written instrument signed 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 must pay any taxes, other than taxes on AIP's net income, arising out of the Subscriber's use of the AIP online journals and/or the rights granted under this Agreement.

The Subscriber may not assign or transfer its rights under this Agreement. The provisions of Sections 3, 4, 5, 7, 9, 10 and 11 hereof shall survive any expiration or termination of this Agreement.

This Agreement 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. Any action arising out of, or relating to, this Agreement or any AIP journals shall be brought in courts situated in Nassau County, New York and the parties consent to the jurisdiction of such courts.