Online Journal users must accept the terms stated below before access is granted. Individuals will be prompted to accept this agreement when logging in for the first time.
1. Authorized Users
OSA's grant to you of access to the Online Journals for which you maintain
a current subscription 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 your user ID and password for access to the Online Journals, with or without your knowledge, is a breach of this Agreement and violation of OSA' copyrights.
2. Permitted Use
You are permitted access to the Online Journals, and may download or print
text, search results, or other information from the Online Journals solely
for your private use or research. You agree to use this online access in
a way that conforms with all applicable laws and regulations. You specifically
agree not to make any attempt to gain unauthorized access to any other system
or network. Members are not expected to download more than 25 articles in a 24 hour period.
3. Prohibitions on Certain Uses
Altering, recompiling, copying, reselling, redistributing, publishing or
republishing of any journal text, output, search results, or other information from the Online Journals, 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 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
are prohibited. All rights not expressly granted are reserved to OSA.
4. Duration of Agreement
This Agreement will become effective on receipt by OSA of a paid subscription and the Agreement
signed by you and, subject to the terms and conditions of this Agreement,
will last through the end of the calendar year in which the subscription first becomes effective. This Agreement will remain in effect thereafter for successive subscription years so long as annual subscription fees are paid.
This Agreement will terminate:
5. Copyright
OSA's Online Journals and their contents, including abstracts, are copyrighted
by OSA and are subject to all applicable copyright, database protection
and other rights of OSA as copyright owner and publisher under the laws
of the United States and other countries. Copyright notices in the OSA journals
may not be removed, obscured, or modified in any way.
6. Failure of Performance
Following online access approval, you will be permitted to attempt access
to the Online Journals at any time. OSA, however, will not be liable for
any delay, downtime, transmission error, software or equipment incompatibilities,
force majeure or other failure of performance. OSA has contracted with one
or more outside agencies to provide the online service. OSA shall seek to
ensure that all services are provided by outside agencies as negotiated,
and will use commercially reasonable efforts to correct any material performance
problem brought to its attention and may suspend performance pending such
correction. OSA's responsibility to the Subscriber does not extend beyond
such endeavors.
7. Disclaimer of Warranties; Limitation of Liability
OSA warrants that it is entitled to grant the licenses granted in this Agreement. THE ONLINE JOURNALS ARE PROVIDED "AS IS" AND, EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, OSA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE JOURNALS, INCLUDING THEIR QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OSA SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM THE UNAVAILABILITY OF THE ONLINE JOURNALS, OSA’S PERFORMANCE OR TERMINATION OF THIS AGREEMENT, INTERRUPTION OF THE SERVICES PROVIDED HEREUNDER, OR ARISING OUT OF OR IN CONNECTION WITH SUBSCRIBER’S USE OF THE ONLINE JOURNALS. OSA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OSA’S LIABILITY EXCEED THE AMOUNT PAID TO OSA BY THE SUBSCRIBER FOR THE ONLINE JOURNAL SUBSCRIPTION FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH ANY CLAIM, LOSS OR DAMAGE OCCURRED, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. No claim may be made against OSA unless suit is filed thereon within one (1) year after the event giving rise to the claim.
8. General
This Agreement constitutes the entire agreement between the parties and
supersedes any prior communication between the parties with respect to the
subject matter hereof. Subject to termination under Section 6, this Agreement
may be amended only 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 1, 2, 3, 5, 7, and 8 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 State of New York, applicable to contracts entered into
and fully performed in the State of New York. Any action arising out of,
or relating to, this Agreement or any OSA journals shall be brought in courts
situated in New York 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.