SEG Digital Library License and Terms of Use

Terms of use for Institutional Licensees ("Licensees") are detailed in institutional site licenses. Terms of use present in most SEG Digital Library institutional site licenses are presented in the license herein granted, including terms guiding the activities of Licensees' "Authorized Users." In the absence of an active, separately executed license between SEG and a licensing institution, the SEG Digital Library License and Terms of Use guiding Licensees and their Authorized Users are in force along with terms of use for MySEG and seg.org, with these terms of use superseding MySEG and seg.org terms of use for the SEG Digital Library in any aspects in which they may conflict. Terms of use as detailed in active, separately executed licenses supersede this SEG Digital Library License and Terms of Use for Authorized Users whose access is through institutions that have licensed SEG Digital Library content. Please consult your librarian for further information.

This license also details terms of use for member and nonmember subscribers and content purchasers with respect to content in the SEG Digital Library. Such subscribers and content purchasers also are Authorized Users and are subject to Terms of Use for MySEG and seg.org, with the SEG Digital Library License and Terms of Use herein superseding MySEG and seg.org terms in any aspects in which they may conflict. SEG's grant of online access to each publication for which an Authorized User maintains a current individual member or nonmember subscription extends only to such Authorized Users individually and may not be transferred or extended to others. Such Authorized Users agree to maintain individual 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 any SEG Digital Library publication, with or without the member or nonmember subscriber's knowledge, is a breach of this License and a violation of SEG copyrights. This license for member and nonmember individual subscribers shall terminate immediately if any term or condition of this license is violated for any reason, knowingly or unknowingly.

PERMITTED USE

Licensees and Authorized Users that are permitted online access to SEG Digital Library publications may download, save, or print text, search results, or other information from the publications solely for their private use or research. Licensees and Authorized Users may use this online access only in a way that conforms to all applicable laws and regulations.

SEG grants Licensees and Authorized Users permission to use brief quotations from the licensed SEG Digital Library content with the customary acknowledgment of the source, and to copy and transmit content from SEG Digital Library articles, meeting abstracts, chapters, or other content in "person-to-person" and non-systematic scholarly exchanges of information between Authorized Users and specific individuals. See more details at Permissions.

Licensees may not transmit SEG Digital Library electronic article files in digital form to any other institution or to a non-Authorized user. A hard copy printed from the electronic files of the Licensed Material 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 Licensee. The supply of such copies must conform to CONTU guidelines or similar restrictions to "fair use" provisions under copyright law.

Faculty at Licensee institutions may include articles from Licensed Material in anthologies (coursepacks) in print or digital form for distribution to Authorized Users for use in connection with classroom instruction or in reserves (print or digital) set up by Licensee institutions for access by Authorized Users in connection with specific courses offered by the Licensee. Faculty wishing to use articles (chapters) from SEG eBooks for such purposes must obtain permission in advance by sending a request to permissions@seg.org. Copies of items in digital form that are included in online coursepacks or reserves will be deleted by the Licensee at the end of the semester in which the related course concludes.

The Licensee agrees that use of the Licensed Material by Authorized Users other than indicated above is a violation of the terms of this License.

PROHIBITIONS ON CERTAIN USE

The Licensee and Authorized Users shall not knowingly permit anyone other than Authorized Users to use the Licensed Material. Altering, recompiling, reselling, publishing, or republishing (beyond brief quotations with customary acknowledgment of the source) of any journal article, expanded abstract, proceedings, or book text, search result, or other information from the Licensed Material or the SEG Digital Library, or any portion thereof, in any form or medium, is prohibited. Systematic or programmatic downloading, printing, transmitting, or copying of the Licensed Material is prohibited. "Systematic or programmatic" means downloading, printing, transmitting, or copying activity of which the intent or the effect is to capture, reproduce, or transfer the entire output of a journal volume, a journal issue, or a journal topical section, or sequential or cumulative search results, or collections of abstracts, articles, or tables of contents; or to capture, reproduce, or transfer an entire e-book or substantial portions thereof. Other such systematic or programmatic use of the Licensed Material that interferes with the access of Authorized Users or that may affect the performance of SEG's online systems, for example, the use of "robots" to index content, or downloading or attempting to download large amounts of material in a short period of time, is prohibited. Redistribution of the Licensed Material, except as permitted under Permitted Use, without permission of SEG and/or payment of a royalty to SEG or to the appropriate Reproduction Rights Organization, is prohibited. All rights not expressly granted herein are reserved to SEG or associated societies and related organizations that own content within the SEG Digital Library as indicated. The Licensee and Authorized Users may not circumvent the access-control systems of SEG or associated societies or related organizations or use these systems or services to attempt to gain unauthorized access to any other system or network. SEG shall not be required to distribute, and the Licensee shall not redistribute, the Licensed Material or any article therein to a country to which export is prohibited by U.S. law or regulation.

COPYRIGHT

The Licensed Material and their contents, including abstracts, are copyrighted by the SEG except as may be otherwise noted within the Licensed Material. This material is subject to all applicable copyright, database protection, attribution, and other rights of SEG and other publishers of the Licensed Material under the laws of the United States and other countries. Copyright notices in the Licensed Material and its articles may not be removed, obscured, or modified in any way. Unauthorized copying or redistribution of any content licensed herein is a violation of copyright laws.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SEG warrants that it is entitled to grant the licenses granted in this License. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, SEG MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIAL, INCLUDING ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

SEG 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 ANY ONLINE PUBLICATION, SEG'S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY SEG OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF SEG IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SEG AND/OR THE ASSOCIATED SOCIETIES AND RELATED ORGANIZATIONS ALSO SUPPLYING LICENSED MATERIAL, FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE LICENSEE OR AUTHORIZED USER TO SEG FOR THE ONLINE PUBLICATION SUBSCRIPTION 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 SEG unless suit is filed thereon within one (1) year after the event giving rise to the claim.

Licensees assume sole responsibility for all use of the Licensed Material by their Authorized Users. Other Authorized Users assume sole responsibility for all of their own use of the Licensed Material.