Society Of Petrophysicists And Well Log Analysts Online Journal Member License
1. BY ACCEPTING THIS LICENSE AGREEMENT (“AGREEMENT”), the individual Society of Petrophysicists and Well Log Analysts member (“Subscriber” or “you”) agrees to the terms and conditions set forth in this Agreement. In turn, the Society of Petrophysicists and Well Log Analysts (“SPWLA”) grants the Subscriber the right to access SPWLA’s online versions of the journals renewed by the Subscriber subject to the following terms and conditions. SPWLA’s Online Journals are the electronic versions of those journals to which the Subscriber maintains a valid print and/or online subscription. You have already indicated to SPWLA (by your membership renewal and prepayment) your current journal subscriptions for the Online Journals. The SPWLA Online Journal Service (“SPWLAOJS”) includes the online journal, Petrophysics, and any additional materials that SPWLA may choose to provide.
TERMS AND CONDITIONS
2. Authorized User, Subscriber ID and Password.
SPWLA grants a non-exclusive, non-transferable license to the Subscriber for online access to the SPWLAOJS, including each Online Journal for which the Subscriber maintains a current subscription to the online version thereof. This grant extends only to the Subscriber and may not be transferred to or extended to, others. You agree to maintain your Subscriber ID and password as personal and confidential information. The unauthorized use of the Subscriber’s ID and password for access to the Online Journals, with or without the Subscriber’s knowledge, is a breach of this Agreement and a violation of SPWLA’s copyrights. The Subscriber is responsible for undertaking reasonable measures to prevent access by unauthorized persons to its ID and password. The Subscriber shall be responsible for storage, display, access control and security measures.
3. Permitted Use.
The Subscriber is permitted online access to the SPWLAOJS and the Online Journals indicated in Section 1, and may download, save, or print one hard copy of the text, search results, or other information from the SPWLAOJS solely for the private use or research of the Subscriber. The
Subscriber may only use this online access in a way that conforms to all-applicable laws and regulations. SPWLA grants the Subscriber permission to use brief excerpts, figures and tables from the content of Online Journal articles with the appropriate credit of the source, and to copy and transmit content from individual Online Journal articles with third parties to the same extent as the print edition of the Online Journal or as permitted under the fair use provisions of the U.S. Copyright Act, subject to the restrictions, if any, set forth in any article included in an Online Journal. The Subscriber agrees that the SPWLAOJS will only be used on one computer workstation at a time. The Subscriber specifically agrees that use by the Subscriber other than indicated above is a violation of the terms of this Agreement.
4. Prohibited Uses.
Altering, recompiling, copying, reselling, redistributing, publishing or republishing
(beyond the brief excerpts, figures and tables permitted under Section 4) of any journal text, output, search results, or other information from the Online Journals, including without limitation, copyright, trade secret, proprietary and/or other legal notices contained therein, in any form or medium is prohibited.
Systematic downloading, service bureau redistribution services, printing for fee-for-service purposes and/or the making of print or electronic copies for transmission to non-subscribers or non-subscribing institutions (such as in interlibrary loan) are prohibited. Downloading portions of the SPWLAOJS or Online Journals for the purpose of creating pre-loaded local copies (not including transient, dynamic caches of individually requested material) for redistribution is prohibited. The SPWLAOJS cannot be used on more than one computer workstation at a time. All rights not expressly granted are reserved to SPWLA.
The Subscriber agrees that he/she will not circumvent SPWLA’s access control systems.
SPWLA shall not be required to distribute, and Subscriber shall not redistribute, the SPWLAOJS or Online Journals 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 your acceptance of the terms of this Agreement by your clicking the “I ACCEPT” when accessing the journal, and subject to the terms and conditions of this Agreement will remain in effect while the Subscriber maintains a current paid online subscription to the Online Journal(s). This Agreement will terminate:
a. Subject to (b.) and (c.) below, if the online subscription lapses (termination is effective at the end of the paid subscription period).
b. SPWLA reserves the right to suspend access to SPWLAOJS in the event the Subscriber is in breach of this Agreement and Subscriber has not immediately taken reasonable steps to cure such breach.
c. Following thirty (30) days’ prior written notice by SPWLA of any change in the terms of this Agreement, receipt by SPWLA of notice from the Subscriber in writing, e-mail or fax that the Subscriber does not accept such change(s). Subscriber agrees that in the absence of any objection to such change(s), SPWLA’s new terms shall apply. This Agreement shall renew automatically for the term of any print and online subscription upon receipt by SPWLA of payment for the subscriptions.
6. Copyright.
The SPWLAOJS and Online Journals and their contents, including abstracts, are copyrighted
by the SPWLA under the Copyright Law of the US (Title 17, U.S. Code), which is party to both the Universal Copyright Convention and the Berne Copyright Convention, and are subject to all applicable copyright, database protection and other rights of SPWLA as copyright owner and publisher under the laws of the United States and other countries. Subscriber agrees not to remove or obscure copyright notices. This license grants no copyright or ownership interests to Subscriber for any of the material and proprietary information referred herein belonging to SPWLA.
7. Failure of Performance.
Following online access approval, the Subscriber will be permitted to attempt online access to the SPWLAOJS at any time. SPWLA, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance whether such failure of performance is caused by SPWLA or an outside service provider contracted with by SPWLA. SPWLA will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction. SPWLA’s responsibility to the Subscriber does not extend beyond such efforts.
8. Official Version of Record.
SPWLA will use commercially reasonable efforts to ensure that the Online Journals correspond in content with the related print journal but SPWLA does not guarantee that they do. In the event of any discrepancy between the print and online version, the print version of the journal will be the official version of record.
9. Disclaimer of Warranties; Limitation of Liability; Indemnification.
SPWLA warrants that it is entitled to grant the Subscriber the licenses granted in this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, THE SPWLAOJS AND ONLINE JOURNALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE ONLINE JOURNALS. NEITHER THE SPWLA, NOR ANY INDIVIDUAL OR OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SPWLAOJS AND ONLINE JOURNALS SHALL BE LIABLE FOR ANY DAMAGES THAT RESULT FROM SUBSCRIBER’S USE OF THE SPWLAOJS AND ONLINE JOURNALS SUCH AS LOST TIME, LOST PROFITS, COMPUTER PROBLEMS, OR OTHER SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR WHETHER SUCH DAMAGES ARE DEEMED TO RESULT FROM THE FAILURE OR INADEQUACY OF ANY EXCLUSIVE OR OTHER REMEDY.
In no case shall Subscriber’s liability exceed the amount of license fees paid during the 12-month period preceding any claim or notification of damages. 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 SPWLA 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 SPWLAOJS and the Online Journals by the Subscriber. In the event of a breach of this Agreement by the Subscriber, the Subscriber agrees to indemnify and hold SPWLA harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees for the enforcement of this Agreement and otherwise for SPWLA’s defense of indemnified claims), losses and threatened losses arising from, or in connection with, that breach, including without limitation, claims of unauthorized use.
10. General Provisions.
The Subscriber may not assign or transfer its rights or obligations under this Agreement except with the prior written consent of SPWLA. This Agreement shall be construed and interpreted pursuant to the laws of the State of Oklahoma applicable to contracts wholly entered into and performed in the State of Oklahoma, excluding that body of law dealing with conflict of laws. Any legal action, suit or proceeding arising out of or relating to this Agreement or the breach thereof shall be instituted in a state court of competent jurisdiction in Tulsa County in the State of Oklahoma or in a federal court of competent jurisdiction in Tulsa County in the
State of Oklahoma and each party hereby consents and submits to the personal jurisdiction of such court, waives any objection to venue in such court and consents to the service of process by registered or certified mail, return receipt requested, at the last known address of such party.
This Agreement constitutes the complete understanding of the parties and supersedes all prior oral and written understandings between the parties with respect to the subject matter of this Agreement. No modification, amendment or waiver of any provisions shall be valid unless in writing and signed by both parties. Any waiver in one or more instances by either of the parties of any breach by the other of any terms or provisions contained in this Agreement shall not be considered a waiver of any succeeding or preceding breach.
Questions concerning this Agreement should be directed to:
SPWLA Business Office
Society of Petrophysicists and Well Log Analysts
8866 Gulf Freeway, Suite 320
Houston, Tx 77017
Phone: (713) 947-8727
e-mail: [email protected]