Terms and Conditions
Permitted and Prohibited Uses of Scitation's Online Publications
This website is owned and operated by AIP Publishing LLC, and is made available on the following terms and conditions. By using the website you accept these terms and conditions, which shall be interpreted according to the law as practiced in the State of New York.
Single User Terms and Conditions
If you have a registered User ID and Password, unauthorized use of your User ID and Password for online access with or without your knowledge is a breach of this License and a violation of AIP Publishing’s copyrights.
Users are permitted online access to parts of Scitation based on their active subscription or materials that are made free under specific conditions determined by AIP Publishing and its partners. The User may download, save, or print text, search results, or other information from Scitation solely for the private use or of the individual’s research. The User may only use this online access in a way that conforms to all applicable laws and regulations.
The copyright owner of each Online Publication grants the User permission for brief quotations from the content of Online Publication articles with the customary acknowledgment of the source, and to copy and transmit content from individual Online Publication articles in “person- to-person” and non-systematic scholarly exchanges of information between the User and specific individuals.
Interlibrary loan: AIP-prepared electronic article files may not be transmitted in their original digital form to any other institution or to a non-Authorized user. A hard copy printed from the electronic files of the publication(s) may be supplied to another institution by mail or fax or secure transmission using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing, provided the institution is not-for-profit and within the same country as the Institutional Subscriber. The supply of such copies must conform to CONTU guidelines or similar restrictions to "fair use" provisions under copyright law.
The User specifically agrees that use other than indicated above is a violation of the terms of this License.
Prohibitions on Certain Uses
The copyright owner of each Online Publication grants the Subscriber and Authorized Users permission for brief quotations from the content Online Publication articles with the customary acknowledgment of the source, and to copy and transmit content from individual Online Publication articles in “person-to-person” and non-systematic scholarly exchanges of information between Authorized Users and specific individuals. Altering, recompiling, systematic or programmatic copying, reselling, redistributing, publishing or republishing (beyond the brief quotations permitted in the preceding sentence) of any publication text, output, search results, or other information from Scitation, or any portion thereof, including without limitation, copyright, proprietary and/or other legal notices contained therein, in any form or medium is prohibited.
Systematic or programmatic downloading (e.g., the use of automated “robots” or otherwise downloading or attempting to download in a short time period large amounts of subscribed-to or unsubscribed-to Scitation material such as all abstracts and/or full text articles from entire publication issues or extensive search results), service bureau redistribution services, printing for fee-for-service purposes and/or the systematic making of print or electronic copies for transmission to non-Users or non-subscribing institutions are prohibited. For example, the use of the Online Publications for document delivery services is prohibited. Downloading portions of Scitation or Online Publications for the purpose of creating pre-loaded systematic and persistent local copies (not including transient, dynamic caches of individually requested material) for redistribution is prohibited. All rights not expressly granted are reserved to the stated copyright holder of the Online Publication. The User may not circumvent AIP Publishing’s access control systems or use AIP Publishing’s systems or services to make any attempt to gain unauthorized access to any other system or network.
AIP Publishing shall not be required to distribute, and User shall not redistribute, Scitation or any Online Publication included therein to a country where the export thereof is prohibited by U.S. law or regulation.
Scitation and Online Publications are subject to all applicable copyright, database protection and other rights of the stated owner and publisher under the laws of the United States and other countries. Copyright notices in Scitation and Online Publications may not be removed, obscured, or modified in any way. Unauthorized copying or redistribution of any Scitation content is a violation of copyright laws.
Failure of Performance
AIP Publishing will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance related to this website. AIP Publishing will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.
Disclaimer of Warranties; Limitation of Liability; Indemnification
AIP Publishing warrants that it is entitled to grant the licenses granted in this License, and is authorized to execute this agreement on behalf of the publishing customers.
AIP Publishing makes no guarantee or representation of any kind, express or implied, with respect to the online publications and scitation, including their quality, originality, suitability, searchability, operation, performance, compliance with any computational process, merchantability or fitness for a particular purpose. AIP publishing shall not be liable for: exemplary, special, indirect, incidental, consequential or other damages, arising out of or in connection with access granted hereunder, the use or inability to use any AIP publishing online publication, AIP publishing’s performance under this agreement, termination of this agreement by AIP publishing or the loss of data, business or goodwill, even if aip publishing is advised or aware of the possibility of such damages. In no event shall the total aggregate liability of AIP publishing for any claims, losses or damages arising out of any breach or termination of this agreement exceed the total amount paid by the user to AIP publishing for the online publication 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 publishing unless suit is filed thereon within one (1) year after the event giving rise to the claim.
The User assumes sole responsibility for all use of Scitation and the Online Publications by the User’s credentials. In the event of a breach of this agreement by the User, the User agrees to indemnify and hold AIP Publishing 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 Publishing’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that breach, including without limitation, claims of unauthorized use.
This constitutes the entire agreement between the parties and supersedes any prior communication between the parties with respect to the subject matter hereof. The headings used in this agreement are for convenience only and are not to be considered in construing the terms of this agreement. This agreement may be amended AIP Publishing, in which continued use of the web site by the User will be taken as acceptance of the new terms.
If part of a paid subscription, the User must pay any taxes (including but not limited to any applicable Value Added Taxes, Sales Taxes, and Import Taxes) other than taxes on AIP Publishing’s net income, arising out of the User's use of Scitation, Online Publications and/or the rights granted under this agreement.
The User may not assign or transfer its rights under this agreement.