When enrolling for access to the EEGS Research Collection and the SEG Technical Program Expanded Abstracts within the SEG Digital Library, EEGS Members agree to abide by the terms of the EEGS Online Journal Individual User License, text of which appears below. Institutions that subscribe to the EEGS Research Collection, and individuals who gain access to it through their institution’s subscription or through membership in SEG, agree to abide by similar usage guidelines. By using the EEGS Research Collection, nonsubscribers agree to be bound by terms of the EEGS Online Journal Individual User License as can be applied to free-access portions of the EEGS Research Collection.
EEGS ONLINE JOURNAL INDIVIDUAL USER LICENSE
1. THIS AGREEMENT between the Member Subscriber ("Member" or "you") or Nonmember Subscriber ("Nonmember Subscriber" or "you") and the Environmental and Engineering Geophysical Society ("EEGS") and grants you the right to access the online versions of the Journal of Environmental and Engineering Geophysics (“JEEG”) and/or the Symposium on the Application of Geophysics to Environmental and Engineering Problems Proceedings (“SAGEEP Proceedings”) and/or the Society of Exploration Geophysicists’ Technical Program Expanded Abstracts (“SEG Technical Program Expanded Abstracts”), as served by the American Institute of Physics ("AIP"), for which you maintain, through membership in EEGS or a partnering society or through nonmember purchase, a current subscription, subject to the terms and conditions set forth in this Agreement.
2. Authorized User.â¨ Per agreement with SEG, EEGS has secured access to the SEG Technical Program Expanded Abstracts for its Member Subscribers. EEGS' grant to you of online access to JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts for which you maintain a current subscription through membership in EEGS 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 Member or Nonmember Subscriber's user ID and password for online access to JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts, with or without the Member or Nonmember Subscriber's knowledge, is a breach of this Agreement and a violation of EEGS and SEG copyrights and copyrights held by other entities which have content published in these publications.
3. Permitted Use.â¨The Member or Nonmember Subscriber is permitted online access to JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts and may download or print text, search results, or other information from JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts solely for the private use or research of the individual Member or Nonmember Subscriber. The Member or Nonmember Subscriber agrees to use this online access in a way that conforms to all applicable laws and regulations. The Member or Nonmember Subscriber specifically agrees not to make any attempt to gain unauthorized access to any other system or network. EEGS and SEG grant the Member or Nonmember Subscriber permission for brief quotations from JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts article texts, with the customary acknowledgment of the source, subject to the restrictions, if any, set forth in the articles. For content in JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts in which neither EEGS nor SEG owns copyright, the Member or Nonmember Subscriber must obtain such permission from the copyright holder.
4. Prohibitions on Certain Uses.â¨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 JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts, 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 Member and/or Nonmember Subscribers are prohibited. All rights not expressly granted are reserved to EEGS and SEG. Neither EEGS nor SEG shall be required to distribute, and Member or Nonmember Subscriber shall not redistribute, any contents of JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts to a country to which the export thereof is prohibited by U.S. law or regulation.
5. Duration of Agreement.â¨This Agreement will become effective on receipt by EEGS and/or its agents of the Agreement submitted by you, and, subject to the terms and conditions of this Agreement, will remain in effect while you maintain a current online subscription to JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts through your membership in EEGS or through your nonmember subscription. This Agreement will terminate:
a. Subject to (b) and (c) below, if your online subscription through EEGS membership or nonmember subscription to JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts lapses (termination is effective at the end of the period during which a membership 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 EEGS and/or its agents of any change in the terms of this Agreement, and receipt by EEGS or its agents of notice from you in writing, by e-mail, or by fax that you do not accept such change or changes. (In the absence of any such objection by Member or Nonmember Subscriber, EEGS’ new terms shall apply.)
6. Copyright. â¨JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts, including abstracts, are copyrighted by EEGS or SEG and are subject to all applicable copyright, database protection, and other rights of EEGS or SEG as copyright owner and publisher under the laws of the United States and other countries. Copyright notices in JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts may not be removed, obscured, or modified in any way. The Member or Nonmember Subscriber agrees to respect copyright of content in JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts for which neither EEGS nor SEG is copyright holder under the same terms under which the Member or Nonmember Subscriber herein agrees to respect EEGS and SEG copyrights.
7. Failure of Performance.â¨Following online access approval, the Member or Nonmember Subscriber will be permitted to attempt online access to JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts at any time. Neither EEGS nor SEG nor AIP, however, will be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance. EEGS and/or SEG and/or their agents will use commercially reasonable efforts to correct any material performance problem brought to their attention and may suspend performance pending such correction.
8. Official Version of Record. â¨EEGS is responsible for ensuring that the online version of JEEG corresponds in content with the print version, but EEGS does not guarantee that it does. 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 for JEEG. The online version is the version of record for the SAGEEP Proceedings and for the SEG Technical Program Expanded Abstracts.
9. Disclaimer of Warranties; Limitation of Liability; Indemnification.â¨ EEGS warrants that it is entitled to grant the licenses granted in this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, EEGS, SEG, AND AIP MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE JEEG AND/OR THE SAGEEP PROCEEDINGS AND/OR THE SEG TECHNICAL PROGRAM EXPANDED ABSRACTS, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER EEGS NOR SEG NOR AIP SHALL 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 JEEG AND/OR THE SAGEEP PROCEEDINGS AND/OR THE SEG TECHNICAL PROGRAM EXPANDED ABSRACTS; PERFORMANCE UNDER THIS AGREEMENT BY EEGS, SEG, AND/OR AIP; TERMINATION OF THIS AGREEMENT BY EEGS; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF EEGS AND/OR SEG AND/OR AIP IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EEGS AND/OR SEG AND/OR AIP 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 EEGS 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 EEGS and/or SEG and/or AIP unless suit is filed thereon within one (1) year after the event giving rise to the claim. The Member or Nonmember Subscriber assumes sole responsibility for all use of JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts and agrees to indemnify and hold EEGS and/or SEG and/or 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 indemnified-claims defense by EEGS and/or SEG and/or AIP), losses and threatened losses arising from or in connection with any breach of this Agreement, including, without limitation, claims of unauthorized use.
10. General.â¨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 5, this Agreement may be amended only by an instrument executed 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 Member or Nonmember Subscriber may not assign or transfer his/her rights under this Agreement. The provisions of Sections 3, 4, 6, 8, 9, and 10 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 Colorado, applicable to contracts entered into and fully performed in the State of Colorado. Any action arising out of or relating to this Agreement or JEEG and/or the SAGEEP Proceedings and/or the SEG Technical Program Expanded Abstracts (SEG Technical Program Expanded Abstracts only as provided through EEGS Member Subscription) shall be brought in courts situated in Denver County, Colorado, United States of America, and the parties consent to the jurisdiction of such courts.