Individual User License Agreement

1. THIS AGREEMENT between the American Society of Civil Engineers (“ASCE") and you ("You" or "User") grants you the right to access digital content on a subscription or pay-per-view basis to online journals, single articles/ chapters, electronic books and/or any supplementary parts thereof (”Licensed Materials”) available through the ASCE Library ("Service"), subject to the terms and conditions set forth in this Agreement. ASCE 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 on the Service. This Agreement will become effective upon electronic submission by the User and execution by ASCE.

TERMS and CONDITIONS

2. Authorized User. ASCE's grant to you of online access to Licensed Materials in the ASCE Library for which you maintain a current subscription or purchase on a pay-per-view or single e-book purchase basis extends only to you individually and may not be transferred to, or extended to, others. You agree to create and maintain your User ID and Password as private and confidential information. Unauthorized use of the User's ID and password for online access to the Service, with or without the User's knowledge, is a breach of this Agreement and a violation of ASCE's copyrights.

3. Permitted Access and Use. The User is permitted to download or print text, search results, or other information from the Licensed Materials for the private use of the individual User. The User agrees to use this online access in a way that conforms with all applicable laws and regulations. The User specifically agrees not to make any attempt to gain unauthorized access to any other system or network.

ASCE grants the User permission for brief quotations from the content included in the Licensed Materials, with the customary acknowledgment of the source, subject to the restrictions, if any, set forth in the article.

4. User Responsibilties.

Single Article/Chapter Purchases. ASCE grants you online access to each Article purchased through your Service account for as long as you maintain an active ASCE Library account. All Article purchases under this this Agreement are non-transferable and non-refundable. You may download and store, or print text, search results, or other information from such Article solely for your own private use. It is your responsibility to ensure that you have preserved such Article for your own personal use, either by saving the electronic PDF Article file or printing such Article.

Single E-Book Purchases. ASCE grants you online access to each single-title E-book purchased through your Service account for as long as you maintain an active ASCE Library account. All E-book purchases under this this Agreement are non-transferable and non-refundable. You may download and store, or print text, search results, or other information from such E-book solely for your own private use. It is your responsibility to ensure that you have preserved such Ebook for your own personal use, either by saving the electronic PDF E-book file or printing such E-book.

Journal Subscriptions. ASCE grants you online access to each ASCE Journal subscription purchased through your Service account as long as you maintain a current online only or print+online subscription to the ASCE Journal(s). The term of this paid subscription is calendar-year based, January through December. This agreement will terminate: (a) if the paid subscription lapses at the end of the subscription term; (b) if any term or condition of the Agreement is violated for any reason, knowingly or unknowingly; or (c) if following thirty (30) days prior written notice by ASCE of any change in the terms of this Agreement, receipt by ASCE of notice from you in writing or by e-mail that you do not accept such change or changes.

You must report any system failure or failure by you to properly receive and/or store such Article or E-book file to ASCE Customer Service within a forty-eight (48) hour period from the time you confirm your purchase in order to be eligible to receive a replacement file. Replacement is your only remedy. Should any such failure be beyond your reasonable control and prevent receipt of such notification by ASCE due to Internet failures or force majeure, you shall ensure that ASCE receives such notification as soon as possible after such failure is remedied, but in any event no later than one (1) week after repair of the offending system. You may be required to provide documentation or corroboration of such failure in order to receive any remedy.

5. Prohibitions on Certain Uses. Altering, recompiling, copying, reselling, redistributing, publishing or republishing (beyond the brief quotations permitted under Section 4 of any text, output, search results, or other information from the Licensed Materials, 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 or programmatic downloading (for example downloading entire journal issues), service bureau redistribution services and/or the making of print or electronic copies for transmission to third-parties are prohibited. All rights not expressly granted are reserved to ASCE.

ASCE shall not be required to distribute, and User shall not redistribute, any Licensed Materials to a country where the export thereof is prohibited by U.S. law or regulation.

6. Copyright. You understand and agree that Licensed Materials, including abstracts, are copyrighted by ASCE and are subject to all applicable copyright, database protection and other rights of ASCE as copyright owner and publisher under the laws of the United States and other countries. Copyright notices in the Licensed Materials may not be removed, obscured, or modified in any way.

7. Failure of Performance. Following online access approval, the User will be permitted to attempt online access to the Licensed Materials for which the User maintains a current subscription, or has purchased pay-per-view access. ASCE will not be liable for any delay, downtime, access time error, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. ASCE will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction. In the event of any failure to deliver an Article or E-book ordered, ASCE's sole liability shall be to deliver such Article or E-book at another time.

8. Official Version of Record. ASCE is responsible for ensuring that the online version of its journals/books corresponds in content with the print versions, but ASCE does not guarantee that they do. In the event of any discrepancy between the online and print versions, the online version will be the official version of record.

9. Disclaimer of Warranties; Limitation of Liability; Indemnification. ASCE warrants that it is entitled to grant the licenses granted in this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, INCLUDING ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSED MATERIALS ARE LICENSED AND PROVIDED TO YOU ON AN “AS IS” BASIS.

ASCE SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ASCE ONLINE PUBLICATION, ASCE'S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY ASCE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ASCE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE USER TO ASCE FOR THE LICENSED MATERIAL, BUT NOT LESS THAN THIRTY DOLLARS ($30.00), FOR THE CURRENT YEAR 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 ASCE unless suit is filed thereon within one (1) year after the event giving rise to the claim.

The User assumes sole responsibility for all use of Licensed Materials and agrees to indemnify and hold ASCE and its officers, directors, employees, members and agents, 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 this Agreement and otherwise for ASCE'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.

10. 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. Except as otherwise provided in Section 5, this Agreement may be amended only by consent (via mail, e-mail, or fax) of 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 User may not assign or transfer its rights under this Agreement. The provisions of Sections 2, 3, 4, 5, 6, 7, 9, 10 and 11 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 Commonwealth of Virginia, applicable to contracts entered into and fully performed in the Commonwealth of Virginia. Any action arising out of or relating to this Agreement or any ASCE journals shall be brought in courts situated in Fairfax County, Virginia and the parties consent to the jurisdiction of such courts.

11. Questions concerning this Agreement may be directed to:

Marketing Director, Publications
American Society of Civil Engineers
1801 Alexander Bell Drive Reston, VA 20191-4400
E-mail: [email protected]