ASTM License Agreement

IMPORTANT- READ THESE TERMS CAREFULLY BEFORE ENTERING THIS ASTM PRODUCT.
By purchasing a subscription and clicking through this agreement, you are entering into a contract, and acknowledge that you have read this License Agreement, that you understand it and agree to be bound by its terms. If you do not agree to the terms of this License Agreement, promptly exit this page without entering the ASTM Product .
1. Ownership:
This product is copyrighted, both as a compilation and as individual standards, articles and/or documents ( “ Documents ” ) by ASTM ( “ ASTM ” ), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 USA, except as may be explicitly noted in the textbook of the individual Documents. All rights reserved. You ( Licensee ) have no ownership or other rights in the ASTM Product or in the Documents. This is not a sale ; all right, claim and interest in the ASTM Product or Documents ( in both electronic file and hard copy ) belong to ASTM. You may not remove or obscure the copyright comment or early detect contained in the ASTM Product or Documents .
2. Definitions.
A. Types of Licensees:

(i) Individual User:
a individual unique computer, with an individual IP address ;
(ii) Single-Site:
one geographic location or to multiple sites within one city that are part of a individual organization whole administered centrally ; for example, unlike campuses of the like university within the same city administered centrally .
(iii) Multi-Site:
an organization or company with independently administered multiple locations within one city ; or an administration or party located in more than one city, state or country, with central administration for all locations .
B. Authorized Users:
any person who has subscribed to this Product ; if a Site License, besides includes register students, faculty or staff penis, or employee of the Licensee, at the Single or Multiple Site .
3. Limited License.
ASTM grants Licensee a limited, revocable, nonexclusive, non-transferable license to access, by means of one or more empower IP addresses, and according to the terms of this Agreement, to make the uses permitted and described below, each ASTM Product to which Licensee has subscribed .
A. Specific Licenses:
(i) Individual User:
(a) the right to browse, search, retrieve, display and view the intersection ;
(b) the correct to download, store or mark single copies of person Documents, or portions of such Documents, entirely for Licensee ‘s own habit. That is, Licensee may access and download an electronic file of a Document ( or assign of a Document ) for temp storehouse on one calculator for purposes of wake, and/or printing one replicate of a Document for individual consumption. Neither the electronic file nor the individual hard copy print may be reproduced in anyhow. In addition, the electronic file may not be distributed elsewhere over computer networks or otherwise. That is, the electronic file can not be emailed, downloaded to disk, copied to another hard force or differently shared. The single hard copy photographic print may alone be distributed to others for their internal use within your arrangement ; it may not be copied. The individual Document downloaded may not otherwise be sold or resold, rented, leased, lend or sub-licensed .
(ii) Single-Site and Multi-Site Licenses:
(a) the justly 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 practice, and to plowshare such copies with other Authorized Users of Licensee within Licensee ‘s calculator network ;
(c) if an educational mental hospital, Licensee is permitted to provide a hard copy of individual Documents to individual students ( Authorized Users ) in a class at Licensee ‘s localization ;
(d) the correct to display, download and distribute intemperate copies of Documents for training Authorized Users or groups of Authorized Users .
(e) Licensee will undertake all necessity authentication and verification processes to ensure only Authorized Users can access the ASTM Product .
(f) Licensee will provide ASTM with a list of authorize IP ( numeral IP domain addresses ) addresses and, if Multi-Site, a list of authorize sites .
B. Prohibited Uses.
(i) This License describes all permit uses. Any early practice is prohibited, is a rape of this Agreement and can result in immediate result of this License .
(ii) An Authorized User may not make this Product, or Documents, available to anyone early than another Authorized User, whether by Internet yoke, or by permitting access through his or her terminal or computer ; or by early alike or dissimilar means or arrangements .
(iii) Specifically, no one is authorized to transmit, copy, or distribute any Document in any manner or for any determination except as report in Section 3 of this License, without ASTM ‘s anterior express written permission. In particular, except as report in Section 3, no one may, without the prior express written license of ASTM : ( a ) distribute or forward a copy ( electronic or otherwise ) of any article, file, or material obtained from any ASTM Product or Document ; ( bel ) reproduce or photocopy any standard, article, file, or material from any ASTM Product ; ( c ) change, modify, adapt, or translate any standard, article, charge, or substantial obtained from any ASTM Product ; ( five hundred ) include any standard, article, file, or material obtained from any ASTM Product or Document in other works or otherwise create any derivative make based on any materials obtained from any ASTM Product or Document ; ( east ) impose any charge for a copy ( electronic or differently ) of any standard, article, charge, 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 significant portions of standards, articles, files, or corporeal obtained from any ASTM Product or Document. inclusion body of print or electronic copies in coursepacks or electronic reserves, or for distance learn 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 replica or distribution of Documents in any phase ; nor may Licensee impose particular charges on Authorized Users for consumption of the Product beyond reasonable printing or administrative costs .
C. Copyright Notice. All copies of material from an ASTM Product must bear proper copyright comment in ASTM ‘s name, as shown in the initial page of each standard, article, file or material. Obscuring, omission or modification of the copyright notice is not permitted .
4. Detection of Prohibited Uses.
A. Licensee is responsible for taking reasonable measures to prevent banned uses, and promptly advise ASTM of any infringements of copyright or prohibited use of which Licensee becomes mindful. Licensee will cooperate with ASTM in investigating any such forbidden uses and will take reasonable steps to ensure the cessation of such activity and to prevent any reoccurrence .
B. Licensee shall use all fair efforts to protect the merchandise from any habit 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.
ASTM reserves the proper to terminate this License, upon written notice, if Licensee materially breaches the terms of this Agreement. If Licensee fails to pay ASTM any license or subscription fees when ascribable, ASTM will provide the Licensee with a 30-day period within which to cure such breach. No cure menstruation will be provided for material breaches relating to violations of Section 3 or any early rupture likely to cause ASTM irreparable injury. If Licensee ‘s subscription to an ASTM Product terminates, further access to the on-line database will be denied. If Licensee or Authorized Users materially breach this license or make forbid uses of fabric in any ASTM Product, ASTM reserves the right to deny Licensee any access to the ASTM Product, in ASTM ‘s sole discretion .
6. Delivery Formats and Service.
A. Some ASTM Products use standard Internet HTML format. ASTM reserves the proper to change such format upon three [ 3 ] months ‘ notice to Licensee, although ASTM will make reasonable efforts to use normally available formats. The Licensee and the Authorized Users are creditworthy 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 besides available in Adobe Acrobat ( PDF ) format to Licensee and its Authorized Users, who are entirely creditworthy for installing and configuring the allow Adobe Acrobat Reader software .
C. ASTM shall use reasonable efforts to make on-line entree available on a continuous footing. Availability will be capable to periodic break and downtime for server maintenance, software facility or test, loading newly files, and reasons beyond the restraint 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 slowly 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 campaign that may from time to clock 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 consecutive Subscription Periods so farseeing as annual subscription fees, as such may change from time to time, are paid. Licensee and/or ASTM have the correct to terminate this agreement at the end of a Subscription Period by written detect given at least 30 days in improvement .
B. Fees:
8. Verification.
ASTM has the correct to verify conformity with this Agreement, at its expense, and at any time during the course of normal business hours. To do sol, ASTM will engage an independent adviser, subjugate to a confidentiality agreement, to review Licensee ‘s manipulation of ASTM Product and/or Documents. Licensee agrees to permit access to its information and calculator systems for this aim. Verification will take place upon no less than 15 days detect, during normal occupation hours and in a manner that does not interfere unreasonably with Licensee ‘s operations. If confirmation reveals unlicensed or prohibited use of the ASTM Products or Documents, Licensee agrees to reimburse ASTM for the costs incurred in verification and reimburse ASTM for any unlicensed/prohibited uses. By invoking this procedure, ASTM does not waive any of its rights to enforce this Agreement or to protect its intellectual property by any other means permitted by law. Licensee acknowledges and agrees that ASTM may imbed certain identify or tracking data in the ASTM Products available on the Portal .
9. Passwords:
Licensee must immediately notify ASTM of any known or suspected unauthorized manipulation ( randomness ) of its password ( south ), or any known or suspected transgress of security, including the loss, larceny unauthorized disclosure of such password or any unauthorized access to or practice of the ASTM Product. Licensee is entirely responsible for maintaining the confidentiality of its password ( randomness ) and for ensuring the authorized entree and use of the ASTM Product. Personal accounts/passwords may not be shared .
10. Disclaimer of Warranty:
Unless specified in this Agreement, all express or imply conditions, representations and warranties, including any imply guarantee of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid .
11. Limitation of Liability:
To the extent not prohibited by jurisprudence, in no consequence will ASTM be liable for any loss, price, lost data or for especial, indirect, consequential or punitive damages, however caused careless of the theory of liability, arising out of or related to the use of the ASTM Product or download of the ASTM Documents. In no event will ASTM ‘s indebtedness exceed the sum paid by Licensee under this License Agreement .
12. General.
A. Termination:
This Agreement is effective until terminated. Licensee may terminate this Agreement at any time by destroying all copies ( unvoiced, digital or in any media ) of the ASTM Documents and terminating all access to the ASTM Product .
B. Governing Law, Venue, and Jurisdiction:
This Agreement shall be interpreted and construed in accord with the laws of the Commonwealth of Pennsylvania. Licensee agrees to submit to jurisdiction and venue in the state and federal courts of Pennsylvania for any quarrel which may arise under this Agreement. Licensee besides agrees to waive any title of exemption it may possess.

C. Integration:
This Agreement is the stallion agreement between Licensee and ASTM relating to its submit count. It supersedes all anterior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any at odds or extra terms of any quotation, order, acknowledgment, or other communication between the parties relating to its capable matter during the condition of this Agreement. No alteration of this Agreement will be binding, unless in writing and signed by an empower congressman of each party .
D. Assignment:
Licensee may not assign or transfer its rights under this agreement without the prior written license of ASTM .
E. Taxes.
Licensee must pay any applicable taxes, other than taxes on ASTM ‘s net income, arising out of Licensee ‘s use of the ASTM Product and/or rights granted under this Agreement .

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