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Terms of Use Agreement - ACerS-NIST Phase Equilibria Diagrams Online
Version 4.3 - ONLINE LICENSE AGREEMENT

Terms of Use Agreement: This Terms of Use Agreement ("AGREEMENT") is made by and between The American Ceramic Society (ACerS), also known as Licensor, an Ohio non-profit corporation, with offices at 600 N. Cleveland Ave., Suite 210, Westerville, Ohio, 43082 and the subscriber, known herein as CUSTOMER. This Agreement contains the terms and conditions that govern CUSTOMER and CUSTOMER's authorized user's (if applicable) use of this Web Site. By logging on to Phase Equilibria Diagrams Online, CUSTOMER agrees to abide by all terms in this Usage 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.

Security: Authorized users are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. ACerS reserves the right to release an individual's details to system administrators at other sites in order to assist them in resolving security incidents if that individual violates system security. The American Ceramic Society reserves the right to investigate suspected violations of these Terms of Use.

Miscellaneous: 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.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This agreement creates no joint venture, partnership, employment, or agency relationship exists between the CUSTOMER and ACerS as a result of this agreement or use of Phase Equilibria Diagrams Online.

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.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and ACerS with respect to Phase Equilibria Diagrams Online.

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