Version 4.4 - ONLINE LICENSE AGREEMENT
Acknowledgements: The Phase Equilibria Diagrams Database, which has been supplied to the CUSTOMER in online form, contains STANDARD REFERENCE DATABASE 31, which has been prepared by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, GAITHERSBURG MD 20899 in cooperation with ACerS. Copyright protection on the compilation of data supplied on this product has been secured by the American Ceramic Society and/or NIST and in other countries that are parties of the Universal Copyright Convention pursuant to section 298e of title 15 of the United States Code. It is expressly understood and agreed that the CUSTOMER will not make any unauthorized copies, nor permit others to do so, nor distribute the database in any manner other than specified in this AGREEMENT. If any unauthorized copies are made, they will be treated as an infringement under Copyright Laws and a breach of the AGREEMENT. If such a breach occurs, NIST or the American Ceramic Society has the right to terminate the AGREEMENT.
Authorized Users (Library Subscription): Authorized Users are (1) the CUSTOMER for "Single User" subscriptions, (2) the CUSTOMER and up to 9 other persons affiliated with the CUSTOMER for "Multiple Users" subscriptions, and (3) the CUSTOMER and Persons affiliated with the CUSTOMER including faculty, staff and independent contractors and students of CUSTOMER, and Walk-ins who are patrons not affiliated with CUSTOMER who are physically present at CUSTOMER's site, for "Library Subscriptions." For Library Subscriptions, Authorized Users shall be identified and authenticated by the use of Internet Protocol ("IP") addresses provided by CUSTOMER to Licensor. The use of proxy servers is permitted as long as any proxy server IP addresses provided limit remote or off-campus access to Authorized Users.
Personal and Institutional Use Limitation: Phase Equilibria Diagrams Online may be used by the Authorized Users on the subscriber's sites for the purpose of supporting research and education. This site may not be used for any other purpose without ACerS' express prior written consent. Authorized users may not modify copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, without proper attribution or citation. CUSTOMER and its Authorized licensed Users cannot sell any information, content, software, products or services obtained from or otherwise connected to Phase Equilibria Diagrams Online.
Governing Law: This Agreement shall be interpreted and construed according to, and governed by, the laws of Ohio, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in Columbus, Ohio shall have jurisdiction to hear any dispute under this Agreement.
Technical Performance: ACerS shall inform CUSTOMER about any expected systems performance down-time and shall use reasonable efforts to ensure that the CUSTOMER and its
Authorized Users will have a quality of service comparable to current standards in the on-line information provision industry.