1. THIS AGREEMENT between the subscriber identified below ("Subscriber" or "you") and the American Society of Civil Engineers ("ASCE") grants you the right to access the online version of those ASCE journals for which you maintain a current subscription, subject to the terms and conditions set forth in this Agreement.
ASCE reserves the right to change the terms of this Agreement upon thirty (30) days prior written notice, which may be by e-mail, fax or other communication.
User Identification and Password
After this Agreement is electronically submitted to ASCE, a message will be sent to the e-mail address you provided. This message will direct you to ASCE's Online Journal Service Registration Center, where you will be able to select a User ID and Password of your own choosing.
TERMS and CONDITIONS
2. Authorized User
ASCE's grant to you of online access to each ASCE journal for which you maintain a current subscription online only or print online 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 Subscriber's User ID and password for online access to the ASCE journals, with or without the Subscriber's knowledge, is a breach of this Agreement and a violation of ASCE's copyrights.
3. Permitted Use
The Subscriber is permitted online access to the ASCE journals for which you maintain a current subscription, and may download or print text, search results, or other information from such ASCE journals solely for the private use or research of the individual Subscriber. The Subscriber agrees to use this online access in a way that conforms with all applicable laws and regulations. The Subscriber specifically agrees not to make any attempt to gain unauthorized access to any other system or network.
ASCE grants the Subscriber permission for brief quotations from the ASCE online journal article texts, 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 4) of any journal text, output, search results, or other information from any ASCE journal, 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 or programmatic downloading (for example downloading entire journal issues), service bureau redistribution services and/or the making of print or electronic copies for transmission to non-subscribers are prohibited. All rights not expressly granted are reserved to ASCE.
ASCE shall not be required to distribute, and Subscriber shall not redistribute, any ASCE online journal to a country where the export thereof is prohibited by U.S. law or regulation.
5. Duration of Agreement
This Agreement will become effective upon electronic submission by the subscriber and execution by ASCE, and, subject to the terms and conditions of this Agreement, will remain in effect while you maintain a current online only or print online subscription to the ASCE journal(s).
This Agreement will terminate:
(a) Subject to (b) and (c) below, if the paid subscription lapses or if ASCE elects to discontinue the online Journal Subscription Program (termination is effective at the end of the period during 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 ASCE of any change in the terms of this Agreement, receipt by ASCE of notice from you in writing, or by e-mail or by fax that you do not accept such change or changes. (In the absence of any such objection by Subscriber, ASCE's new terms shall apply.)
7. Copyright
ASCE online journals and their contents including abstracts, are copyrighted by ASCE and are subject to all applicable copyright, database protection and other rights of ASCE as copyright owner and publisher under the laws of the United States and other countries. Copyright notices in the ASCE journals may not be removed, obscured, or modified in any way.
8. Failure of Performance
Following online access approval, the Subscriber will be permitted to attempt online access to the ASCE journals for which the subscriber maintains a current subscription at any time. ASCE, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. ASCE will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.
9. Official Version of Record
ASCE is responsible for ensuring that the online version of its journals correspond in content with the print versions, but ASCE does not guarantee that they do. 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.
10. Disclaimer of Warranties; Limitation of Liability; Indemnification
ASCE warrants that it is entitled to grant the licenses granted in this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ASCE ONLINE JOURNALS, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ASCE 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 ASCE ONLINE JOURNAL, ASCE?S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY ASCE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ASCE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE SUBSCRIBER TO ASCE FOR THE ONLINE JOURNAL SUBSCRIPTION, BUT NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00), 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 ASCE 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 ASCE online journals and agrees to indemnify and hold ASCE and its officers, directors, employees, members and agents, 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 ASCE's 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.
11. General
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 6, this Agreement may be amended only by a written instrument signed 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 Subscriber may not assign or transfer its rights under this Agreement. The provisions of Sections 4, 5, 7, 9, 10 and 11 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 Commonwealth of Virginia, applicable to contracts entered into and fully performed in the Commonwealth of Virginia. Any action arising out of or relating to this Agreement or any ASCE journals shall be brought in courts situated in Fairfax County, Virginia and the parties consent to the jurisdiction of such courts.
Questions concerning this Agreement may be directed to:
Marketing Director, Publications
American Society of Civil Engineers
1801 Alexander Bell Drive
Reston, VA 20191-4400
E-mail: marketing@asce.org