SPIE Digital Library Individual User License
1. THIS LICENSE between the Subscriber and SPIE grants the Subscriber the right to access the SPIE Digital Library or SPIE Online Journals for which you maintain a current subscription, subject to the terms and conditions set forth herein.
The SPIE Digital Library and SPIE Online Journals are the electronic versions of the following publications published and copyrighted by SPIE:
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
Journal of Photonics for Energy
Proceedings of SPIE
Separate subscriptions are available for each journal. Subscription to the SPIE Digital Library includes access to all the above of these titles. Access rights for a given subscription may be limited to a subset of the publications available online. Personal subscriptions to the SPIE Digital Library do not include access to SPIE eBooks, which are only available through an institutional subscription or purchase of individual chapters.
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 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 any SPIE Online Publication, with or without the Subscriber's knowledge, is a breach of this License and a violation of SPIE's copyrights.
3. Permitted Use
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 Online Publications for which you maintain a current subscription solely for the private use or research of the individual Subscriber. 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 which you maintain a current subscription to a country where the export thereof is prohibited by U.S. law or regulation.
This License will remain in effect while you maintain a current online subscription to SPIE Online Publications. This License 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 License and receipt by SPIE or its agents of notice from you in writing, by email, 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.)
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 a current subscription may not be removed, obscured, or modified in any way. Unauthorized copying or redistribution of any SPIE-copyrighted content is a violation of copyright laws.
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.
9. Disclaimer of Warranties; Limitation of Liability; Indemnification
SPIE warrants that it is entitled to grant the licenses granted in this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, SPIE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS 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 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; SPIE'S PERFORMANCE UNDER THIS AGREEMENT; TERMINATION OF THIS AGREEMENT BY SPIE; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF SPIE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SPIE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE MEMBER OR NONMEMBER SUBSCRIBER TO SPIE AND/OR ITS AGENTS FOR THE ONLINE JOURNAL SUBSCRIPTION FOR THE CURRENT SUBSCRIPTION 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 remedies. No claim may be made against SPIE 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 SPIE Online Publications for which you maintain a current subscription and agrees to indemnify and hold SPIE 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 License and otherwise for SPIE's defense of indemnified claims), losses and threatened losses arising from or in connection with any breach of this License, including, without limitation, claims of unauthorized use.
This License 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 License may be amended only by an instrument executed by both parties. The headings used in this License are for convenience only and are not to be considered in construing the terms of this License. The Subscriber may not assign or transfer his/her rights under this License. The provisions of Sections 3, 4, 6, 8, 9, and 10 hereof shall survive any expiration or termination of this License. This License will be governed by, and construed in accordance with, the laws of the State of Washington, applicable to contracts entered into and fully performed in the State of Washington. Any action arising out of or relating to this License or SPIE Online Publications for which you maintain a current subscription shall be brought in courts situated in Whatcom County, Washington, and the parties consent to the jurisdiction of such courts.