Terms and Conditions of Use for Online Access to “Acta Acustica united with Acustica”
International Journal on Acoustics
These terms and conditions govern the rights and limitations of online access for authorised individual users (individual members of an acoustical member society, or corresponding member, of the European Acoustics Association) to the journal Acta Acustica united with Acustica,
1. GRANT OF LICENCE
By agreement between the European Acoustics Association (EAA) and the Acoustical Societies given in the pull down menu “Society” individual members of these societies are allowed online access to the journal Acta Acustica united with Acustica.
On behalf of the European Acoustics Association (EAA) S. Hirzel Verlag grants to the authorised user the non-exclusive, non-transferable and non-sub-licensable right to access the online-version of the journal Acta Acustica united with Acustica for the purposes of research and private study and allows its use as set forth below.
2. AUTHORISED USER
Authorised User is an individual member of a national acoustical member society of the European Acoustics Association (EAA) who has received from his national acoustical society an Internet-Access-Key for online registration to the journal.
2. PERMITTED USES
2.1 The authorised user may, in accordance with the applicable copyright laws and subject to Clause 3 below: (i) access, search, view, retrieve and display the electronic version of the publications; (ii) electronically save individual articles or items of the journal solely for personal use or research; (iii) print off a copy of parts of the journal.
2.2 The authorised user acknowledges that the journal and the articles contained therein including abstracts are copyright protected and that the sole copyright to the publications remains with S. Hirzel Verlag/EAA and/or registered copyright holders. Nothing in this Licence shall in any way exclude, modify or affect any of S. Hirzel Verlag’s statutory rights under the copyright laws of the Federal Republic of Germany. All software and web forms used in the provision of the services are either proprietary or properly licensed and may not be used, altered, or adapted in any way. All intellectual property rights in this software and web forms belong to the service provider.
3. PROHIBITED USES
3.1 The authorised user may not use the electronic version of the publications or parts thereof for the purpose of monetary reward by means of sale, resale, loan, hire, lease or any other form of exploitation (no commercial use).
3.2 The authorised user may not (i) remove or alter the authors’ names or the Publisher’s copyright notices or other means of identification or disclaimers as they appear in the publications; (ii) systematically make print or electronic copies of multiple extracts of the publications for any purpose; (iii) make available any part of the publications on any electronic network, including without limitation the Internet and the World Wide Web.
3.3 The authorised user may not divulge the internet access key received from his/her national acoustical society, his/her password or other access information to any third party. This also applies if the authorised user is a member of more than one of the Societies given in the pull-down menu. The online access is not transferable and may not be extended to others.
3.4 S. Hirzel Verlag’s explicit written permission must be obtained in order to (i) use all or any part of the publications for any commercial use; (ii) systematically distribute the whole or any part of the publications; (iii) publish, distribute or make available the publications, works based on the publications or works which combine them with any other material; (iv) alter, abridge, adapt or modify the publications. For the avoidance of doubt, no alteration of the words or their order is permitted.
4. PUBLISHER’S UNDERTAKINGS
4.1 S. Hirzel Verlag warrants to the authorised user that the publications used as contemplated by this Licence do not infringe the copyright or any other proprietary or intellectual property rights of any person. S. Hirzel Verlag shall indemnify and hold the authorised user harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the authorised user claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this Licence for any reason. This indemnity shall not apply if the authorised user has amended the publications or any part thereof in any way not permitted by this Licence.
4.2 S. Hirzel Verlag reserves the right at any time to withdraw from the publications any item or part of an item for which it no longer retains the right to publish or make it available to third parties, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
4.3 The online access service offered by S. Hirzel Verlag is based on the currently valid technical, legal and economic outline conditions for the data networks used. The place of data transfer is the interface between S. Hirzel Verlag’s or third party’s server and the internet or other data networks. S. Hirzel Verlag’s responsibility for data transfer ends at that point. The use of the publications is at the user’s own risk. Access to the online version(s) of the publications might be interrupted and may not be error free. S. Hirzel Verlag does not take any guarantee for the completeness and correctness of the electronic data. In the event of any inaccuracy or any discrepancy between the print and online versions, the print version will be the official version of record. S. Hirzel Verlag does not assume any responsibility or liability for links to websites of third parties which may be included in the publications, neither for their technical accessibility and everytime availability nor for their technical quality and quality of contents. The sole responsibility for such websites lies solely in the responsibility of the third party. S. Hirzel Verlag retains the right to inactivate or delete such links.
4.4 Except as expressly provided in this Licence, S. Hirzel Verlag makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the publications, merchantability or fitness of use for a particular purpose or compliance with any computational process. The publications are supplied ‘as is’.
4.5. Except as provided in Clause 4.1, under no circumstances shall S. Hirzel Verlag be liable to the user for any special, exemplary, incidental or consequential damages of any character arising out of the inability to use, or the use of, the publications. S. Hirzel Verlag shall be liable for damages only when caused intentionally, by gross negligence, or by false representations of the use of the publications. Irrespective of the cause or form of action, S. Hirzel Verlag’s aggregate liability for any claims, losses, or damages arising out of any breach of this Licence shall in no circumstances exceed the Fee paid by the user to S. Hirzel Verlag or its agent under this Licence in respect of the subscription or pay-per-view period during which such claim, loss or damage occurred. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. Regardless of the cause or form of action, the user may bring no action arising from these Terms and Conditions of Use more than six (6) months after the cause of action arises.
5. TERM AND TERMINATION
5.1 Online Access to the journal will be terminated if and when the Agreement between the European Acoustics Association (EAA) and the national acoustical society of which the authorised user is a member is terminated.
5.2 Online Access to the journal will be terminated if the user is no longer a member of a national acoustical member society of the European Acoustics Association (EAA)
5.3 This Licence shall be terminated, if the user commits a wilful material and persistent breach of S. Hirzel Verlag’s copyright or other intellectual property rights or of the provisions of Clause 2 in respect of permitted uses or of Clause 3 in respect of prohibited uses;
5.4 S. Hirzel Verlag reserves the right to suspend access to the server immediately upon detecting a breach of this Licence.
5.5 S. Hirzel Verlag reserves the right to change these terms and conditions at any time.
6.1 Force majeure. Neither party’s delay or failure to perform any provision of this Licence, as result of circumstances beyond its control (including, without limitation but not limited to, warlike disputes, strikes, floods, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall be deemed to be, or to give rise to, a breach of this Licence.
6.2 Governing Law. This Licence shall be governed by and construed in accordance with German law.
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