1. General Information
BY ACCEPTING THIS LICENSE ("LICENSE"), you (hereinafter "you," "your," or "User") agree to the terms and conditions set forth in this License. In turn, the American Institute of Physics (hereinafter "AIP") grants you the right to access the Scitation Personalization service (hereinafter the "Service") subject to the terms and conditions set forth herein.
2. User Information
3. Permitted Use and Duration of Access
AIP grants to you repeated online access to the Service on a temporary basis and for an unspecified period. AIP reserves the right to terminate the Service at any time.
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
All abstracts are copyrighted by the copyright owner and publisher 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 abstracts may not be removed, obscured, or modified in any way.
AIP grants you permission for brief quotations from the text of abstracts, with the customary acknowledgment of the source. Altering, recompiling, copying, reselling, redistributing, publishing or republishing (beyond such brief quotations with such acknowledgment permitted under the preceding sentence) of any abstract 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. All rights not expressly granted are reserved to the copyright owner and publisher.
AIP shall not be required to distribute, and you shall not redistribute, any abstract 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 or any copyright owner or publisher of any abstract made available in the Service will not be liable for any delay, downtime, abstract 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. Termination of Service
Scitation Personalization is a freely available service. As such, AIP reserves the right, at its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service, at any time, for any reason without prior notice or liability. AIP may change, suspend, or discontinue all or any aspect of the Service at any time, including the availability of any feature or content (or portion thereof), without prior notice or liability.
7. 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 AND ALL COPYRIGHT OWNERS OR PUBLISHERS OF ANY ABSTRACTS MADE AVAILABLE THROUGH THE SERVICE 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 OR ANY COPYRIGHT OWNER OR PUBLISHER OF ANY ABSTRACT MADE AVAILABLE THROUGH THE SERVICE 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 FREE Scitation Personalization SERVICE FOR THE PERIOD 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 or any copyright owner or publisher of any abstract made available in the Service 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 abstract you have downloaded and agree to indemnify and hold AIP or any copyright owner or publisher of any abstract made available in the Service 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.
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.