Terms & Conditions for Use of the IEEE Web Site |
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The following terms and conditions (the "Terms and Conditions") govern your use of the website (this "Site") of The Institute of Electrical and Electronics Engineers, Incorporated, a New York not-for-profit corporation (the "IEEE"), and any services contained within the Site.These Terms and Conditions include our Privacy Policy and supplemental terms and conditions ("Supplemental Terms") that will govern your use of specific IEEE services ("Additional Services"). In addition, the browser policy will provide information to enable optimum display on your computer. By using or downloading any materials from this Site, you agree to these Terms and Conditions.In addition, you agree to the applicable Supplemental Terms by using or downloading materials from that Additional Service. 1. Copyrighted Information and Copyright Agent . Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), software or other materials (collectively hereinafter referred to as the "Materials") contained on any page within this Site are copyrighted by the IEEE or a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of the IEEE. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to the IEEE, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. You agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. THE IEEE MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME. Except as specifically provided in these Terms and Conditions (including any applicable Supplemental Terms), any reproduction, distribution, replication or retransmission of any information contained on this Site without the prior written consent of the IEEE is strictly prohibited. The IEEE respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IEEE's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; d. Information reasonably sufficient to permit us to contact the complaining party; e. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The IEEE's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows: Copyright Agent
Attn: Bill Hagen
2.
Notice With Regard to Documents on this Site
.
Permission to display, copy and/or
download any papers, articles or other
works of authorship on this Site (the
"Documents") is hereby granted, provided that
(a) the copyright notice set forth on the
Document and a statement that the Document is
being reproduced under permission of the
Copyright Holder both appear on such
displayed, copied or downloaded Document, (b)
use or reproduction of such Documents from
this Site is for informational or personal use
only, and (c) no modifications of any
Documents are made. Any other use of the
Documents is expressly prohibited.
3.
Online Privacy Policy
.
Our online Privacy Policy
("About Your Security and Privacy") forms a
part of these Terms and Conditions.
Supplemental Terms also contain
additional and different terms, including
without limitation regarding the collection,
use, and sharing of personal information
provided in connection with the use of
such services, which you should read carefully
before using such services. 4. Disclaimers and Limitation on Liability . (A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND THE IEEE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. IEEE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS AND NON-INFRINGEMENT. (B) DISCLAIMER OF ACCURACY. THE IEEE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS, MISCATALOGUED INFORMATION OR TECHNICAL INACCURACIES. THE IEEE RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. B Y YOUR USE OF THIS SITE, YOU AGREE THAT YOU DO NOT AND WILL NOT RELY ON IT BEING APPROPRIATELY CATALOGUED OR COMPLETE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO PATENTABILITY OF ANY INVENTION, INVALIDITY OF ANY CLAIM OF ANY PATENT OR APPLICATION, OR AUTHORSHIP AND INVENTORSHIP OF ANY ARTICLE, PATENT OR APPLICATION. YOU FURTHER AGREE THAT YOU OR YOUR AGENTS WILL NOT TAKE ANY ACTION AGAINST IEEE DUE TO SUCH RELIANCE ON ANY INFORMATION WHICH YOU BELIEVE TO BE NON CURRENT, INACCURATE OR INCOMPLETE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. THE IEEE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. THE IEEE IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES. (C) LIMITATION ON LIABILITY. NEITHER IEEE NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST THE IEEE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF
COPYRIGHT HOLDERS.
COPYRIGHT HOLDERS WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, LOSS OF DATA,
INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY
ARISING OUT OF ANY USE OF THE MATERIALS OR
PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
5.
Links to Third Party Sites
.
Any other web sites that are
accessible via any link on this Site are not
under the control of the IEEE. The IEEE is not
responsible for the contents of any linked
site or any link contained in a linked site, or
any changes or updates to the information
contained in such sites. The IEEE provides
the linked sites to you only as a convenience
and the inclusions of any such link on the
Site does not imply the IEEE's endorsement
of the site, the organization operating such
site, nor any products or services of that
organization. Your linking to any off-site
pages or other sites is entirely at your own risk.
6.
Export Restrictions
. You acknowledge and agree
that the Materials are subject to the U.S.
Export Administration Laws and
Regulations. Diversion of such Materials
contrary to U.S. law is prohibited. You
agree that none of the Materials, nor any
direct product therefrom, is being or will be
acquired for, shipped, transferred, or
re-exported, directly or indirectly, to
proscribed or embargoed countries or their
nationals, unless authorized by the U.S.
Government. Proscribed countries are set forth
in the U.S. Export Administration
Regulations. You agree to comply strictly with
all U.S. export laws and assume sole
responsibility for obtaining licenses to
export or re-export as may be required.
7.
References to Products or Services
. Information published by the
IEEE on the Site may contain references or
cross references to IEEE products or services
that are not announced or available in
your country. Such references do not imply that
IEEE intends to announce such products or
services in your country. Please contact IEEE
Member Services for information
regarding the products and services that may
be available to you.
8.
User Input
.
Unless otherwise provided in the
Terms and Conditions, any communication,
material or feedback with regard to
contents on this Site transmitted by a user of
this Site via electronic mail or
otherwise, including any data, questions, or
comments regarding the content of any
Document or other information contained on
the Site, such information shall be deemed to be
non-confidential and IEEE shall have no
obligation of any kind with respect to such
information and shall be free to reproduce, use,
disclose and distribute the information to
others without limitation. Further, the IEEE
shall be free to use any ideas, concepts,
know-how or techniques contained in such
information for any purpose whatsoever
including, without limitation, publication
on the Site, or other IEEE publications, and
developing, manufacturing, and marketing
products using such information. The IEEE
shall have no obligation to compensate the
contributor of such information in any manner.
9.
Governing Law; Venue for any Proceedings
.
Any action, proceeding,
dispute, claim or controversy arising out of or
relating to this Site or these Terms and
Conditions, or any IEEE products or IEEE
services offered on or accessed via the Site,
shall (i) be governed by New York State
law and controlling U.S. federal law, without
application of any choice of law rules and (ii)
be subject to the exclusive jurisdiction
of the courts of the State of New York located
in New York County or of the United States
District Court of the Southern District of
New York, and you hereby submit to the
jurisdiction of said courts.
10.
Complete Agreement; Changes to the Terms and Conditions
.
These Terms and Conditions
represent the entire understanding relating to
the use of the Site and prevail over any
prior or contemporaneous, conflicting or
additional, communications. IEEE shall
have the right to revise and modify the Terms
and Conditions at any time by posting the
revised Terms and Conditions on the Site.
Any use of the Site after such posting shall be
deemed to constitute acceptance of the
revised Terms and Conditions by the user.
11.
Trademarks
.
"IEEE", the IEEE logo, and
other
IEEE logos and titles
are registered trademarks or
service marks of The Institute of Electrical and
Electronics Engineers, Incorporated. All other
products, company names or other marks
appearing on this Site are the trademarks of
their respective owners. Nothing contained
in the Site should be construed as granting, by
implication, estoppel, or otherwise, any license
or right to use any trademark displayed on
the Site without prior written permission of
IEEE or other trademark owners.
12.
Indemnification.
You agree to defend, indemnify,
and hold harmless the IEEE, its officers,
directors, employees, members, agents and
affiliates from and against any claims,
actions or demands, including without limitation
reasonable legal and accounting fees,
alleging or resulting from your breach of the
Terms and Conditions, including without
limitation, the supplemental terms and
conditions for The IEEE Job Site.
The IEEE shall provide notice
to you promptly of any such claim, suit, or
proceeding and shall assist you, at your
expense, in defending any such claim, suit
or proceeding. 13. Supplemental Terms .
IEEE Job Site Supplemental Terms and Conditions
14. Termination. IEEE may terminate this
agreement at any time.Upon termination, you agree to
cease all use of this Site.Without limiting
the foregoing, IEEE shall have the right to
immediately terminate your access and use of the
Site, or any portion of the Site, in the event
of any conduct by you or through your account
which IEEE, in its sole discretion, considers to be
unacceptable, or in the event of any breach by
you of the Terms and Conditions. The
provisions of Sections 4, 9, 12 and this Section 14
shall survive any termination of this agreement. 15. Questions . Please email us at member-comments@ieee.org with any questions you have about these Terms and Conditions, including our online Privacy Policy. Email the IEEE IPR Office.
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