IMPORTANT- READ THESE TERMS CAREFULLY BEFORE ENTERING THIS ASTM PRODUCT. 1. Ownership: 2. Definitions. A. Types of Licensees: (i) Individual User: (ii) Single-Site: (iii) Multi-Site: B. Authorized Users: 3. Limited License. A. Specific Licenses: (i) Individual User: (a) the right to browse, search, retrieve, display and view the Product; (b) the right to download, store or print single copies of individual Documents, or portions of such Documents, solely for Licensee's own use. That is, Licensee may access and download an electronic file of a Document (or portion of a Document) for temporary storage on one computer for purposes of viewing, and/or printing one copy of a Document for individual use. Neither the electronic file nor the single hard copy print may be reproduced in anyway. In addition, the electronic file may not be distributed elsewhere over computer networks or otherwise. That is, the electronic file cannot be emailed, downloaded to disk, copied to another hard drive or otherwise shared. The single hard copy print may only be distributed to others for their internal use within your organization; it may not be copied. The individual Document downloaded may not otherwise be sold or resold, rented, leased, lent or sub-licensed. (ii) Single-Site and Multi-Site Licenses: (a) the right to browse, search, retrieve, display and view the Product; (b) the right to download, store or print single copies of individual Documents, or portions of such Documents for the Authorized User's personal use, and to share such copies with other Authorized Users of Licensee within Licensee's computer network; (c) if an educational institution, Licensee is permitted to provide a hard copy of individual Documents to individual students (Authorized Users) in a class at Licensee's location; (d) the right to display, download and distribute hard copies of Documents for training Authorized Users or groups of Authorized Users. (e) Licensee will undertake all necessary authentication and verification processes to ensure only Authorized Users can access the ASTM Product. (f) Licensee will provide ASTM with a list of authorized IP (numeric IP domain addresses) addresses and, if Multi-Site, a list of authorized sites. B. Prohibited Uses. (i) This License describes all permitted uses. Any other use is prohibited, is a violation of this Agreement and can result in immediate termination of this License. (ii) An Authorized User may not make this Product, or Documents, available to anyone other than another Authorized User, whether by Internet link, or by permitting access through his or her terminal or computer; or by other similar or dissimilar means or arrangements. (iii) Specifically, no one is authorized to transmit, copy, or distribute any Document in any manner or for any purpose except as described in Section 3 of this License, without ASTM's prior express written permission. In particular, except as described in Section 3, no one may, without the prior express written permission of ASTM: (a) distribute or forward a copy (electronic or otherwise) of any article, file, or material obtained from any ASTM Product or Document; (b) reproduce or photocopy any standard, article, file, or material from any ASTM Product; (c) alter, modify, adapt, or translate any standard, article, file, or material obtained from any ASTM Product; (d) include any standard, article, file, or material obtained from any ASTM Product or Document in other works or otherwise create any derivative work based on any materials obtained from any ASTM Product or Document; (e) impose any charge for a copy (electronic or otherwise) of any standard,article, file, or material obtained from any ASTM Product or Document, except for normal printing/copying costs where such reproduction is authorized under Section 3; or (f) systematically download, archive, or centrally store substantial portions of standards, articles, files, or material obtained from any ASTM Product or Document. Inclusion of print or electronic copies in coursepacks or electronic reserves, or for distance learning use, is not authorized by this License and is prohibited without ASTM's prior written permission. (iv) Licensee may not utilize the Product, or access to the Product, for commercial purposes, including but not limited to the sale of Documents, materials, fee-for-service use of the Product or bulk reproduction or distribution of Documents in any form; nor may Licensee impose special charges on Authorized Users for use of the Product beyond reasonable printing or administrative costs. C. Copyright Notice. All copies of material from an ASTM Product must bear proper copyright notice in ASTM's name, as shown in the initial page of each standard, article, file or material. Obscuring, deletion or modification of the copyright notice is not permitted. 4. Detection of Prohibited Uses. A. Licensee is responsible for taking reasonable measures to prevent prohibited uses, and promptly notify ASTM of any infringements of copyright or prohibited use of which Licensee becomes aware. Licensee will cooperate with ASTM in investigating any such prohibited uses and will take reasonable steps to ensure the cessation of such activity and to prevent any reoccurrence. B. Licensee shall use all reasonable efforts to protect the Product from any use that is not permitted under this Agreement, and shall notify ASTM of any use of which it learns or is notified. 5. Continued Access to Product. 6. Delivery Formats and Service. A. Some ASTM Products use standard Internet HTML format. ASTM reserves the right to change such format upon three [3] months' notice to Licensee, although ASTM will make reasonable efforts to use commonly available formats. The Licensee and the Authorized Users are responsible for obtaining at their expense suitable Internet connections, Web browsers, and licenses for any software necessary to view the ASTM Products. B. The ASTM Products are also available in Adobe Acrobat (PDF) format to Licensee and its Authorized Users, who are solely responsible for installing and configuring the appropriate Adobe Acrobat Reader software. C. ASTM shall use reasonable efforts to make online access available on a continuous basis. Availability will be subject to periodic interruption and downtime for server maintenance, software installation or testing, loading new files, and reasons beyond the control of ASTM. ASTM does not guarantee access, and will not be liable for damages or refunds if the Product becomes unavailable temporarily, or if access becomes slow or incomplete due to system back-up procedures, Internet traffic volume, upgrades, overload of requests to servers, general network failures or delays, or any other cause that may from time to time make the Product unavailable for the Licensee or Licensee's Authorized Users. 7. Terms and Fees. A. The term of this Agreement is _____________ ("Subscription Period"). Access to the Product is for the Subscription Period only. This Agreement will remain in effect thereafter for successive Subscription Periods so long as annual subscription fees, as such may change from time to time, are paid. Licensee and/or ASTM have the right to terminate this Agreement at the end of a Subscription Period by written notice given at least 30 days in advance. B. Fees: 8. Verification. 9. Passwords: 10. Disclaimer of Warranty: 11. Limitation of Liability: 12. General. A. Termination: B. Governing Law, Venue, and Jurisdiction: C. Integration: D. Assignment: E. Taxes. |