Official Methods and Recommended Practices of the AOCS

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 Official Methods and Recommended Practices of the AOCS
INSTITUTIONAL SITE LICENSE AGREEMENT
This Institutional License Agreement is entered into this (day) of
between American Oil Chemists’ Society (AOCS), 2710 S. Boulder Drive, Urbana, IL, USA (hereinafter “the Publisher”)
and
Licensee name, address (hereinafter “Licensee”).
WHEREAS the Publisher holds the rights granted under this License
AND WHEREAS the Licensee desires to use the rights and the Publisher
desires to grant to the Licensee the license to use the rights for the Fee,
subject to the terms and conditions of this License.
IT IS AGREED AS FOLLOWS:
1. License
This License agreement grants the Licensee and its Authorized Users
(herein after defined) a non-exclusive, non-transferable license to access
the Official Methods and Recommended Practices of the AOCS of
Analysis
This license is subject to: (1) the terms and conditions of this
Agreement, (2) the completion of the Site License Agreement (3) the com-
pletion by the Licensee of the Site Licensing Order Form, and (4) payment
of site licensing fees as established by AOCS.
2. Type of License and Authorized Terminals
There are four types of Institutional licenses and one Individual Member
license offered which provide different levels of access and usage:
2a. Governments and Universities: This is defined as access for any
computer located at the Authorized Site sharing the same Internet Protocol
(IP) address(es) registered by the Licensee on the attached Site License
order form.
2b. Industry 1-9 users: This is defined as access for a limited number of
computers sharing the same Internet Protocol (IP) address(es) located at
the Authorized Site registered by the Licensee on the attached Site License
order form.
2c. Industry greater than 9 users: This is defined as access for a limited
number of computers sharing the same Internet Protocol (IP) address(es)
located at the Authorized Site registered by the Licensee on the attached
Site License order form.
2d. Industry Global Company: This is defined as access for any com-
puter at any location sharing the same Internet Protocol (IP) address(es at
the Authorized Site(s) registered by the Licensee on the attached Site
License order form .
2e. Individual AOCS Member: This is defined as access for an individ-
ual AOCS member with a member status of Active, Retired, or Emeritus,
in good standing with AOCS, using the listed IP by the Licensee on the
attached Site License order form
3. Authorized Users, Authorized Site, and Access Control
3a. Authorized Users
Authorized Users are those individuals officially affiliated with the
Licensee for example, those serving in the capacity of employees, con-
sultants under contract with the Licensee, faculty and other teaching staff,
and persons officially registered as full or part-time students, have been
issued by the Licensee with a password or other authentication, may con-
nect via authenticated telecommunications from locations outside the
Authorized Site.. Others who are physically present in the library at the
Authorized Site may use the database from a computer located at the
Authorized Site.
3b. Authorized Site
An Authorized Site is one contiguous geographical office complex, cam-
pus, or building within a 5 mile radius of the Licensee’s library or main
(month) 20 ,
administrative office. Extensions or offices located outside that 5 mile
radius are considered separate Authorized Sites unless otherwise agreed
to in writing by the Publisher. Authorized Sites are limited to one corporate
entity per building or campus.
3c. Scope of Access
Access within the Authorized Site is controlled by IP address. Licensees
are responsible for providing valid IP addresses for their organization.
Only those IP addresses submitted by the Licensee and listed on the Site
License order form have access to the material. Authorized Users may
connect through the Authorized Site via a secure connection to a proxy
server that is within the authorized IP address range, or a transparent
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address range.
Licensee is responsible for undertaking reasonable measures to pre-
vent access by unauthorized persons to its authorized IP addresses.
Licensee shall immediately notify Publisher if it becomes aware of unau-
thorized access to the Official Methods and Recommended Practices of
the AOCS and shall cooperate in locating and attempting to stop the spe-
cific individuals who are abusing the service. If the specific abuser cannot
be identified or stopped, Publisher has the right to withhold, suspend, or
terminate access within 30 days of notification of the unauthorized access,
without liability.
4. License Definition, Duration & Payment
A License to the Official Methods and Recommended Practices of the
AOCS provides the Licensee and Authorized Users access to the elec-
tronic database of the methods. Once a subscription to the Official
Methods and Recommended Practices of the AOCS is canceled, access
to the database containing the methods is terminated.
The initial term of this Agreement shall commence when payment
is received.
This License shall then automatically renew for one year terms unless
otherwise terminated as provided for herein.
The Licensee agrees to pay the Publisher the appropriate License fee
specified on the invoice for a term of twelve (12) consecutive months
starting on the date of payment.
Upon receipt of a completed, signed License Agreement and fee pay-
ment, access to the methods database will be activated.
All Official Methods and Recommended Practices of the AOCS
License fees shall be paid 30 days before activation of service through
the end of the payment period in question.
At the end of a payment year, access to the methods database will be
discontinued. The Publisher reserves the right to modify the terms of this
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period upon sixty days prior written notice.
The Licensee agrees to pay the Publisher the appropriate License fee
specified on supplemental invoices received when the Licensee adds
Authorized Sites to this Agreement.
5. Permitted Use
Licensee and Authorized Users may view, download, or print individual
methods from the Official Methods and Recommended Practices of the
AOCS for their use in accordance with the terms of this Agreement.
6. Prohibited Use
Licensee agrees not to forward, transfer, sell, rent, or otherwise knowingly
distribute or provide access to the contents of the Official Methods and
Recommended Practices of the AOCS or any portions thereof, to any
third party that is not an Authorized User as described herein.
Information obtained from this service is not to be used for interli-
brary loan, fee-for-service purposes such as document delivery, and/or
transmitted to nonsubscribing institutions.
Use for the purposes of monetary reward (whether by the Licensee
or an Authorized User) by means of sale, resale, loan,transfer, hire, or
other form of exploitation of the Licensed materials is prohibited. For the
avoidance of doubt, neither recovery of direct costs by the Licensee from
Authorized Users, nor the use by the Licenssee or by an Authorized User
of the Licensed materials in the course of research funded by a commercial
organization, is deemed to be improper use
Licensee agrees not to modify, alter, or create derivative works of
the materials contained in the Official Methods and Recommended
Practices of the AOCS without prior written permission from the
Publisher.
Methods and other information obtained as a result of this license
are not to be systematically downloaded, re-published in any media, print
or electronic form. Methods may not be downloaded in aggregate quan-
tities or centrally stored for later retrieval.
Licensee is required to make all reasonable efforts to notify its
Authorized Users of these prohibited uses and to notify the Publisher of
any infringements of copyrights or unauthorized use of which they
become aware.
Licensee will cooperate with the Publisher in investigating any such
unauthorized uses and taking reasonable steps to prevent a reoccurrence.
7. Delivery
The Official Methods and Recommended Practices of the AOCS will be
delivered in the standard Internet formats using Adobe Acrobat PDF for-
mat. The Publisher reserves the right to change formats with three months
advance notice to Licensee. It is the responsibility of the Licensee and the
Authorized Users to establish and maintain Internet connections to the
Publisher; to provide and install suitable Web browsers, licenses for Adobe
Acrobat Reader, and any other software necessary to view the Official
Methods and Recommended Practices of the AOCS.
The Publisher shall use reasonable efforts to provide continuous
availability of the Database through the Internet.
It is understood that availability will be subject to periodic interrup-
tion due to maintenance of the server(s), installation or testing of software,
the loading of new information files, and downtime related to equipment
or services outside the control of the Publisher, including public and pri-
vate telecommunications services or Internet nodes or facilities.
8. Copyright and Proprietary Rights
The entire contents of the Official Methods and Recommended Practices
of the AOCS are copyrighted by the Publisher (AOCS) under the
Copyright Law of the U.S. (Title17, U.S. Code), which is party to both
the Universal Copyright Convention and the Berne Copyright Convention
and is registered by the Copyright Protection Center of China. Licensee
agrees not to remove or obscure copyright notices. This License grants
no copyright or ownership interests to Licensee for any of the material
and proprietary information referred herein belonging to the Publisher.
9. Warranty
THE OFFICIAL METHODS AND RECOMMENDED PRACTICES
OF THE AOCS ARE PROVIDED “AS IS” WITHOUT WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF PERFORMANCE OR MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF
THE METHODS. IT IS LICENSEE’S ENTIRE RISK AS TO THE
SELECTION, QUALITY AND PERFORMANCE OF THE METHODS.
NEITHER THE PUBLISHER, NOR ANY INDIVIDUAL OR
OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR
DELIVERY OF THE OFFICIAL METHODS AND RECOMMENDED
PRACTICES OF THE AOCS SHALL BE LIABLE FOR ANY DAM-
AGES THAT RESULT FROM LICENSEE’S USE OF THE OFFICIAL
METHODS AND RECOMMENDED PRACTICES OF THE AOCS
SUCH AS LOST TIME, LOST PROFITS, COMPUTER PROBLEMS,
OR OTHER SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAM-
AGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE FORE-
SEEABLE OR WHETHER SUCH DAMAGES ARE DEEMED TO
RESULT FROM THE FAILURE OR INADEQUACY OF ANY EXCLU-
SIVE OR OTHER REMEDY.
In no case shall Publisher’s liability exceed the amount of license
fees paid during the 12 month period preceding any claim or notification
of damages.
10. Termination
10.a Termination For Default: Either party may terminate this
Agreement where the other party commits a material or persistent breach
of any term of this Agreement, including, but not limited to, any failure
to make a required payment or report and fails to remedy such breach
within 30 days of notification from the other party. On termination of this
Agreement by the Publisher for just cause, access to the Official Methods
and Recommended Practices of the AOCS site by Licensee shall be ter-
minated. No refund will will be provided upon such termination.
10.b Termination For Convenience: Either Party may cancel the Official
Methods and Recommended Practices of the AOCS License at any time
by providing the other party with written notice. No refund will be pro-
vided upon such termination.
11. General
This Agreement is the entire statement of the license terms for the Official
Methods and Recommended Practices of the AOCS, and may not be
modified without the express written consent of both parties.The Licensee
must pay any applicable taxes, other than taxes on AOCS’s net income,
arising out of the Licensee’s use of the Official Methods and
Recommended Practices of the AOCS and/or the rights granted under
this Agreement.
Neither the Licensee nor the Publisher may assign or transfer its
rights under this Agreement without prior written consent of the other
party. The provisions of Sections 6, 8, and 9 shall survive any termination
or expiration of this Agreement.
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