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Standard ACS AuthorChoice/Editors’ Choice Usage Agreement

This ACS article is provided to You under the terms of this Standard ACS AuthorChoice/Editors’ Choice usage agreement between You and the American Chemical Society (“ACS”), a federally-chartered nonprofit located at 1155 16th Street NW, Washington DC 20036. Your access and use of this ACS article means that you have accepted and agreed to the Terms and Conditions of this Agreement. ACS and You are collectively referred to in this Agreement as “the Parties”).


1. SCOPE OF GRANT

ACS grants You non-exclusive and nontransferable permission to access and use this ACS article subject to the terms and conditions set forth in this Agreement.

2. PERMITTED USES

a. For non-commercial research and education purposes only, You may access, download, copy, display and redistribute articles as well as adapt, translate, text and data mine content contained in articles, subject to the following conditions:

i. The authors' moral right to the integrity of their work under the Berne Convention (Article 6bis) is not compromised.

ii. Where content in the article is identified as belonging to a third party, it is your responsibility to ensure that any reuse complies with copyright policies of the owner.

iii. Copyright notices or the display of unique Digital Object Identifiers (DOI’s), ACS or journal logos, bibliographic (e.g. authors, journal, article title, volume, issue, page numbers) or other references to ACS journal titles, web links, and any other journal-specific “branding” or notices that are included in the article or that are provided by the ACS with instructions that such should accompany its display, should not be removed or tampered with in any way. The display of ACS AuthorChoice or ACS Editors’ Choice articles on non-ACS websites must be accompanied by prominently displayed links to the definitive published versions of those articles on the ACS website.

iv. Any adaptations for non-commercial purposes must prominently link to the definitive published version on the ACS website and prominently display the statement: “This is an unofficial adaptation of an article that appeared in an ACS publication. ACS has not endorsed the content of this adaptation or the context of its use.”

v. Any translations for non-commercial purposes, for which a prior translation agreement with ACS has not been established, must prominently link to the definitive published version on the ACS website and prominently display the statement: “This is an unofficial translation of an article that appeared in an ACS publication. ACS has not endorsed the content of this translation or the context of its use.”

b. Each time You distribute this ACS article or an adaptation, ACS offers to the recipient a license to this ACS article on the same terms and conditions as the license granted to You under this License.

c. For permission to use ACS copyrighted articles beyond that permitted here, visit: http://pubs.acs.org/copyright/permissions.html

3. PROHIBITED USES

a. Use of this ACS article for commercial purposes is prohibited. Examples of such prohibited commercial purposes include but are not limited to:

i. Copying or downloading of articles, or linking to such postings, for further distribution, sale or licensing, for a fee;

ii. Copying, downloading or posting by a site or service that incorporates advertising with such content;

iii. The inclusion or incorporation of article content in other works or services (other than normal quotations with an appropriate citation) that is then available for sale or licensing, for a fee;

iv. Use of articles or article content (other than normal quotations with appropriate citation) by a for-profit organizations for promotional purposes, whether for a fee or otherwise;

v. Sale of translated versions of the article that have not been authorized by license or other permission from the ACS

4. TERMINATION

ACS reserves the right to limit, suspend, or terminate your access to and use of the ACS Publications Division website and/or all ACS articles immediately upon detecting a breach of this License.

5. COPYRIGHTS; OTHER INTELLECTUAL PROPERTY RIGHTS

Except as otherwise specifically noted, ACS is the owner of all right, title and interest in the content of this ACS article, including, without limitations, graphs, charts, tables illustrations, and copyrightable supporting information. This ACS article is protected under the Copyright Laws of the United States Codified in Title 17 of the U.S. Code and subject to the Universal Copyright Convention and the Berne Copyright Convention. You agree not to remove or obscure copyright notices. You acknowledge that You have no claim to ownership of any part of this ACS article or other proprietary information accessed under this Agreement.

The names “American Chemical Society,” “ACS” and the titles of the journals and other ACS products are trademarks of ACS.

6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

ACS warrants that it is entitled to grant this Agreement.

EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, ACS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS ACS ARTICLE INCLUDING, BUT NOT LIMITED TO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE ACS ARTICLE, ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ACS SHALL NOT BE LIABLE FOR: EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT GRANTED HEREUNDER, THE USE OR INABILITY TO USE ANY ACS PRODUCT, ACS’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY ACS OR THE LOSS OF DATA, BUSINESS OR GOODWILL EVEN IF ACS IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ACS OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ACS FOR ACCESS TO THIS ACS ARTICLE 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 limitations and exclusions of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against ACS unless suit is filed within one (1) year after the event giving rise to the claim.

7. GENERAL

This Agreement sets forth the entire understanding of the Parties. The validity, construction and performance of this Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, USA without reference to its conflicts of laws principles. You acknowledge that the delivery of the ACS article will occur in the District of Columbia, USA. You shall pay any taxes lawfully due from it, other than taxes on ACS's net income, arising out of your use of this ACS article and/or other rights granted under this Agreement. You may not assign or transfer its rights under this Agreement without the express written consent of ACS.

8. ACCEPTANCE

You warrant that You have read, understand, and accept the terms and conditions of this Agreement. ACS reserves the right to modify this Agreement at any time by posting the modified terms and conditions on the ACS Publications Web site. Any use of this ACS article after such posting shall constitute acceptance of the terms and conditions as modified.



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