Terms of Use

(updated 8/2009)

1. BY ACCEPTING THIS LICENSE (“LICENSE”), you (hereinafter “you,” “your,” or “User”) agree to the terms and conditions set forth in this License. In turn, the Society for Imaging Science and Technology (hereinafter “IS&T”) grants you the right to access service found on www.imaging.org (hereinafter the “Service”) subject to the terms and conditions set forth herein.

IS&T reserves the right, at its discretion, to change, modify, or remove any of these Terms of Use (Terms) at any time. Notice of such changes will be posted here.

2. User Information
All User information will be held as confidential by IS&T in accordance with reasonable business practices. Information collected may include your name, email address, and/or affiliation. Except as described in the IS&T Privacy Policy, IS&T will endeavor to keep personal information confidential.

3. Permitted Use and Duration of Access
IS&T grants to you repeated online access to the Service on a temporary basis and for an unspecified period. IS&T reserves the right to terminate the Service at any time.

You agree to use the Service in a way that conforms with all applicable laws and regulations, and you specifically agree not to make any attempt to gain unauthorized access to this or any other system or network accessed with your Service account.

4. Copyright; Prohibitions on Certain Uses
The copyright for all abstracts and downloadable manuscripts is held by IS&T, unless otherwise noted, and are subject to all applicable copyright, database protection, and other rights of the copyright owner and publisher under the laws of the United States and other countries. Copyright notices may not be removed, obscured, or modified in any way.

IS&T grants you permission for brief quotations from the text of abstracts, with the customary acknowledgment of the source. Altering, recompiling, copying, reselling, redistributing, publishing or republishing (beyond such brief quotations with such acknowledgment permitted under the preceding sentence) of any abstract text, output, search results, or other information from any Proceedings, Journal, 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, and/or the making of print or electronic copies for transmission to any third party is prohibited. All rights not expressly granted are reserved to the copyright owner and publisher.

IS&T shall not be required to distribute, and you shall not redistribute, any abstract to a country where the export thereof is prohibited by US law, order, or regulation. You represent that you are from a “permitted country” and that this does not violate US law.

5. Failure of Performance
IS&T is not liable for any delay, downtime, access time error, transmission error, software or equipment incompatibility, force majeure, or other failure of performance. IS&T will use reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.

6. Termination of Service
www.imaging.org is a freely available service; certain areas of the site are restricted to members and/or those who pay for specific services. As such, IS&T reserves the right, at its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service, at any time, for any reason without prior notice or liability. IS&T may change, suspend, or discontinue all or any aspect of the Service at any time, including the availability of any feature or content (or portion thereof), without prior notice or liability.

7. Disclaimer of Warranties; Limitation of Liability; Indemnification
IS&T warrants that it is entitled to grant the licenses granted herein. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, IS&T MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ARTICLES AND PAPERS, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

IS&T SHALL NOT BE LIABLE FOR EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ARTICLE OR PAPER, IS&T’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY IS&T OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF IS&T IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF IS&T OF ANY DOCUMENT MADE AVAILABLE THROUGH THE SERVICE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY EVENT, INCLUDING BUT NOT LIMITED TO, ANY BREACH OR TERMINATION OF THIS AGREEMENT, EXCEED THE TOTAL AMOUNT PAID BY YOU TO IS&T FOR THE FREE SERVICE FOR THE PERIOD IN WHICH SUCH CLAIM, LOSS, OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE.

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 IS&T unless suit is filed thereon within one (1) year after the event giving rise to the claim.

You assume sole responsibility for all use of any abstract, paper, or article you have downloaded and agree to indemnify and hold IS&T of any document made available in the Service harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any, for the enforcement of these Terms and otherwise for IS&T’s defense of indemnified claims), losses, and threatened losses arising from or in connection with any breach of this Agreement, including without limitation, claims of unauthorized use and unauthorized distribution.

8. General
These Terms of Use constitutes the entire agreement between the parties and supersedes any prior communication or agreement between the parties with respect to the subject matter hereof. Should any of the covenants, terms, conditions, or provisions of these Terms be held invalid for any reason, such invalidity shall not affect the other provisions of these Terms which can be given effect without the invalid provision, as the provisions of these Terms are intended to be and shall be deemed severable. In the event of any such invalidity, the parties (or, if in dispute, the court) shall apply valid provisions as nearly similar to such invalid provisions as shall be valid and enforceable. The headings used in these Terms are for convenience only and are not to be considered in construing the Terms.

You may not assign or transfer your rights under these Terms.