ECS Terms of Use
IMPORTANT! Please read carefully before downloading or copying to your computer any files contained herewith.
THE CONTENT AND OTHER INFORMATION PROVIDED HEREWITH IS COPYRIGHTED. BY DOWNLOADING ANY FILE PROVIDED HEREWITH TO YOUR COMPUTER, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU MUST DECLINE ACCESS TO SUCH MATERIALS.
1. GRANT OF LICENSE: Subject to the provisions contained herein and to the payment of all applicable fees, The Electrochemical Society ("ECS") grants you a non-exclusive, non-transferable license to the materials ("Publication" or "Publications") contained in the ECS Digital Library ("ECS DL"), which is hosted for ECS by the American Institute of Physics ("AIP") on their Scitation platform ("Service"), through purchase, through your Service account, access on a "pay per-view" basis to the Publications, such as single articles, electronic issues, and other collections, and any other parts thereof (singularly, "a Publication"; collectively, "Publications"); and through any additional service that may be offered in conjunction with the Publications. ECS 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. Your licensed rights to the Publications are limited to the following.
(a) This License Agreement does not convey to you an interest in or to the Publication(s), but only a limited right of use, revocable in accordance with the terms of this License Agreement.
(b) You may install one copy of a Publication on, and permit access to it by, a single computer owned, leased, or otherwise controlled by you. In the event that computer becomes dysfunctional, such that you are unable to access the Publication, you may transfer the Publication to another computer, provided that the Publication is removed from the computer from which it is transferred and the use of the Publication on the replacement computer otherwise complies with the terms of this Agreement. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted. You shall not merge, adapt, translate, modify, rent, lease, sell, sublicense, assign, or otherwise transfer any of the Publications; nor remove any proprietary notice or label appearing on any of the Publications. You may copy the Publication(s) only for backup purposes.
(c) You acknowledge and agree that the Publications are proprietary to the Copyright holder ("Owner") identified on the front page of the Publication, and are protected under U.S. copyright law and international copyright treaties. You further acknowledge and agree that all right, title, and interest in and to the Publications, including all intellectual property rights, are and shall remain with the Owner.
(d) You shall provide ECS or any designee of ECS with all information necessary to assure compliance with the terms of this Agreement. In the event you are not in compliance with the terms of this Agreement through the actions of unrelated third parties, you shall use your best efforts to cooperate with ECS and any of its designees to assure compliance.
2. USER INFORMATION: All credit card information will be held as confidential by ECS and AIP in accordance with ECS and AIP's commercially reasonable business practices. ECS and/or AIP will use such information only for processing credit card transactions for the Service. ECS and 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 ECS, 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 ACCESS AND USE; USER RESPONSIBILITIES: ECS grants to you one-time online access to single Articles purchased through your Service account for forty-eight (48) hours after you purchase a single Article. If you are downloading a complete issue of ECS Transactions, you will have access for thirty (30) days after your purchase. You may download and store, or print text, search results, or other information from the ECS DL solely for your own private use or research. It is your responsibility to ensure that you have preserved such Publications for your own personal use, either by saving the electronic file(s) of the Publications or printing such Publications within that time.
You must report any system failure or failure by you to properly receive and/or store such Publication files to the User Support Desk at AIP within a twenty-four (24) hour period from the time you confirm your purchase in order to be eligible to receive a replacement file. Replacement is your only remedy. Should any such failure be beyond your reasonable control and prevent receipt of such notification by AIP due to Internet failures or force majeure, you shall insure that AIP receives such notification as soon as possible after such failure is remedied, but in any event no later than one (1) week after repair of the offending system. You may be required to provide documentation or corroboration of such failure in order to receive any remedy.
You agree to use the Service and this online access in a way that conforms to 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 Publication, and its partial content, including Publication abstracts, is copyrighted by ECS unless otherwise indicated, and is 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 or Publication abstracts may not be removed, obscured, or modified in any way.
For information on the terms of use for material copyrighted by National Research Council Canada, please visit: http://laws.justice.gc.ca/en/showtdm/cs/C-42.
ECS grants you permission for brief quotations from the text of Publications, with the customary acknowledgment of the source, subject to the restrictions, if any, set forth in the Publication. Altering, recompiling, copying, reselling, redistributing, publishing, or republishing (beyond such brief quotations with such acknowledgment permitted under the preceding sentence) of any Publication text, output, search results, or other information, 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 Owners thereof.
ECS shall not be required to distribute, and you shall not redistribute, any 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: ECS will not be liable for any delay, downtime, Publication access time error, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance. ECS and AIP will use commercially reasonable efforts to correct any material performance problem brought to their attention and may suspend performance pending such correction. In the event of any failure to deliver an ordered Publication, ECS and AIP's sole liability shall be to deliver such Publication at another time.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION: ECS AND AIP MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PUBLICATIONS, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
THE OWNER, ECS, PUBLISHER, OR DISTRIBUTOR, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR MEMBERS ("INDEMNIFIED PARTIES") SHALL HAVE NO LIABILITY 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 PUBLICATION; THE PERFORMANCE OF THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT; TERMINATION OF THIS AGREEMENT BY THE INDEMINIFED PARTIES; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL; EVEN IF THE INDEMNIFIED PARTIES ARE ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES 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 ECS OR THE INDEMNIFIED PARTIES FOR THE PUBLICATION(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 the Indemnified Parties 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 Publication you have purchased and agree to indemnify and hold the Indemnified Parties 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 the 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. TERMINATION: This Agreement may be terminated immediately by ECS upon breach of any provision of this Agreement by you. Upon any termination of this Agreement, you shall immediately discontinue the use of the Publication and shall within ten (10) days certify in writing to ECS that the Publication has been deleted from your computer and is eliminated from your premises.
8. 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. This Agreement may not be modified except in writing duly signed by an authorized representative of ECS and you. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting the Agreement.
You may not assign or transfer your rights under these Terms.
This Agreement shall be governed by the laws of the State of New York without reference to its conflict of laws provisions and you further consent to jurisdiction by the state and federal courts sitting 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. BY ACCESSING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
