ACS Web Journal Individual Member License Agreement
1. License
This License Agreement between the American Chemical Society and the Authorized
Users (as defined later in this agreement) grants a non-exclusive, non-transferable,
license to access the ACS Web Editions according to the terms and conditions
set forth in this Agreement. By using this service, the user acknowledges and
agrees to be bound by the terms and conditions of this License Agreement.
2. Authorized Users
Authorized Users are defined as individuals who are current ACS members
who have paid the applicable individual subscription rate for their personal
use.
In no case are commercial reference services, document delivery services, subscription agencies, or institutions or their libraries considered Authorized Users under this agreement. Commercial reference services, document delivery services, subscription agencies, or institutions or their libraries must sign a separate agreement for institutional subscriptions with the ACS.
3. Permitted Use
Authorized Users may view, download, or print individual articles, individual
chapters, or other individual items from the ACS Web Editions for their personal
scholarly, research, and educational use in accordance with the terms of this
Agreement. Anyone may excerpt up to 200 words per article for noncommercial,
scholarly purposes with appropriate credit to the source. An Authorized User
may make a printed copy of individual articles for internal or personal uses
beyond the fair use provisions of the US Copyright Act, provided the appropriate
fees are paid to the Copyright Clearance Center.
4. Prohibited Use
Authorized Users agree not to forward, transfer, sell, rent, or otherwise
knowingly distribute or provide access to the contents of ACS Web Editions or
any portions thereof, to any third party that is not an Authorized User as described
herein. Articles and other information obtained from this service are not to
be used in lieu of institutional or library subscriptions to service other Authorized
Users, for interlibrary loan or fee-for-service purposes such as document delivery,
nor transmitted in any form to non-subscribing individuals and/or institutions.
Licensee agrees not to modify, alter, or create derivative works of the materials contained in ACS Web Editions without prior written permission from the ACS. Licensee agrees not to remove or obscure copyright notices.
Articles and other information obtained from this service are not to be systematically downloaded nor re-published in any media, print or electronic. Articles may not be downloaded in aggregate quantities, nor centrally stored for later retrieval.
5. Warranty
The ACS Web Editions are provided "as is”
without warranty of any kind, express or implied, including, but not limited
to, warranties of performance or merchantability or fitness for a particular
purpose, or warranties as to the accuracy or completeness of the ACS Web
Editions. It is user’s entire risk as to the selection, quality and
performance of the ACS Web Editions. Neither the ACS, nor any individual
or other party involved in the creation, production or delivery of the ACS Web
Editions shall be liable for any damages that result from Licensee’s use
of the ACS Web Editions such as lost time, Lost profits, computer problems,
or other special, incidental, or consequential damages, regardless of whether
such damages are foreseeable or whether such damages are deemed to result from
the failure or inadequacy of any exclusive or other remedy. In no case shall
liability exceed the amount of subscription fees paid during the 12 month period
preceding any claim or notification of damages.
6. Copyright
The entire contents of ACS Web Editions, including individual journals,
articles, book chapters, screen designs, and other items within these materials
are copyrighted by the American Chemical Society (ACS) under the Copyright Law
of the United States (Title 17, U.S. Code), which is party to both the Universal
Copyright Convention and the Berne Copyright Convention.
7. License Definition, Duration, & Payment
A license to ACS Web Editions provides the Authorized Users access
to the electronic database of the journal. Once a license is canceled, access
to the database is terminated.
This License shall remain in effect until terminated as provided for herein. Either Party may cancel an ACS Web Edition license at any time by providing the other party with thirty (30) days prior notice.
The Authorized User agrees to pay ACS the appropriate license fee for a term of 1 calendar year starting on January 1 of the current year and ending December 31. All license fees shall be paid in advance through the end of the calendar year in question. Upon receipt of payment, access to the journal database will be activated. At the end of a calendar year, if renewal payment is not received within 30 days after the end of the calendar year, the License shall be terminated. ACS reserves the right upon thirty days prior written notice to raise the license fees for the following calendar year.
