Individual User License Agreement

ASCE Online Research Library Individual User License Agreement

1. THIS AGREEMENT between the subscriber (hereinafter "you" or "the subscriber") and the American Society of Civil Engineers (hereinafter ("ASCE") grants you the right, by having a current, paid ASCE Research Library Card subscription, to access and download a specific number and type (proceedings, journals, or both) of single articles from the ASCE Online Research Library for a period of 12 months from the time your subscription is activated, subject to the terms and conditions set forth in this Agreement. An ASCE Research Library Card subscription is defined as one of the following online article packages: (1) Proceedings Only, 15 downloads; (2) Journals Only, 20 downloads; and (3) Proceedings and Journals Combined, 40 downloads.

ASCE reserves the right, at its discretion, to change, modify, or remove any of the terms of this Agreement at any time. Notice of such changes may be posted on the Service, or by e-mail, fax, or other communication.

2. User Identification and Password

ASCE's grant to you of access to single article downloads from the ASCE Online Research Library 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 to access individual journal articles, with or without the Subscriber's knowledge, is a breach of this Agreement and a violation of ASCE's copyrights.

TERMS and CONDITIONS

3. Permitted Access and Use; User Responsibilities

ASCE grants to you one-time of online access to each Article you select through your ASCE Online Research Library subscription for twelve (12) hours after you begin downloading such Article. You may download and store, or print text, search results, or other information from such Article solely for your own private use or research. It is your responsibility to ensure that you have preserved such Article for your own personal use, either by saving the electronic PDF Article file or printing such Article within that time.

You must report any system failure or failure by you to properly receive and/or store such Article file to Scitation (help@scitation.org) within a twenty-four (24) hour period from the time you confirm your purchase in order to be eligible to receive a replacement file. Replacement is your only remedy. Should any such failure be beyond your reasonable control and prevent receipt of such notification by Scitation due to Internet failures or force majeure, you shall insure that Scitation receives such notification as soon as possible after such failure is remedied, but in any event no later than one (1) week after repair of the offending system. You may be required to provide documentation or corroboration of such failure in order to receive any remedy.

You agree to use the ASCE Online Research Library Subscription and this online access in a way that conforms with all applicable laws and regulations, and you specifically agree not to make any attempt to gain unauthorized access to this or any other system or network accessed with your subscription.

4. Copyright; Prohibitions on Certain Uses

Each of the Journals, Proceedings, Articles and their partial content, including abstracts, are copyrighted by ASCE, and are subject to all applicable copyright, database protection and other rights of the copyright owner and publisher under the laws of the United States and other countries. Copyright notices in the Journals, Proceedings, Articles, or abstracts may not be removed, obscured, or modified in any way.

ASCE grants you permission for brief quotations from the text of Articles, with the customary acknowledgment of the source, subject to the restrictions, if any, set forth in the Article. Altering, recompiling, copying, reselling, redistributing, publishing or republishing (beyond such brief quotations with such acknowledgment permitted under the preceding sentence) of any Article text, output, search results, or other information from any Journal or Proceedings, 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 (i.e. downloading entire journal issues), service bureau redistribution services and/or the making of print or electronic copies for transmission to any third party are prohibited. All rights not expressly granted are reserved to the owners thereof.

ASCE shall not be required to distribute, and you shall not redistribute, any Article, Journal, or Proceedings to a country where the export thereof is prohibited by U.S. law, order, or regulation. You represent that you are from a "permitted country" and that this does not violate U.S. law.

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 paid online subscription to the ASCE Online Research Library. This Agreement will terminate:

a. Subject to (b) and (c) below, if the paid subscription lapses (i.e. 12 month subscription term expires, number of downloads exhausted) or if ASCE elects to discontinue the ASCE Online Research Library (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 or e-mail notice by ASCE of any change in the terms of the 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.

6. Failure of Performance

ASCE will not be liable for any delay, downtime, Article access time error, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. ASCE will use its commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction. In the event of any failure to deliver an Article ordered, ASCE's sole liability shall be to deliver such Article at another time.

7. Print Version is Official Version of Record

ASCE will use its commercially reasonable efforts to ensure that the online version of an Article corresponds in content with the print version, but ASCE does not guarantee that it does correspond. 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.

8. 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 ARTICLES AND 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 LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ARTICLE, 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 EVENT, INCLUDING BUT NOT LIMITED TO, ANY BREACH OR TERMINATION OF THIS AGREEMENT, EXCEED THE TOTAL AMOUNT PAID BY YOU TO ASCE FOR THE SUBSCRIPTION, BUT NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00), FOR THE CURRENT 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.

You assume sole responsibility for all use of any Article accessed through your User ID and password at any time and agree to indemnify and hold ASCE 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 and unauthorized distribution.

9. General

This Agreement constitutes the entire agreement between the parties and supersedes any prior communication or agreement between the parties with respect to the subject matter hereof. Should any of the covenants, terms, conditions or provisions of this Agreement be held invalid for any reason, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, as the provisions of this Agreement are intended to be and shall be deemed severable. In the event of any such invalidity, the parties (or, if in dispute, the court) shall apply valid provisions as nearly similar to such invalid provisions as shall be valid and enforceable. Subject to ASCE's right to amend this Agreement as set forth in Sections 1 and 8 hereof, this Agreement may only be amended 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, 8, and 9 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. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any action arising out of or relating to this Agreement or any Articles or Journals shall be brought in courts situated in Fairfax County, Virginia and the parties consent to the jurisdiction of such courts.

I have read and agree to adhere to and abide by all the terms and conditions stated above

I do not agree

Inquiries or comments regarding copyright should be directed to

Copyrights and Permissions, Publications Division: American Society of Civil Engineers; 1801 Alexander Bell Drive, Reston, VA 20191-4400; E-mail: marketing@asce.org