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Society of Exploration Geophysicists Digital Library

When enrolling for access to the SEG Digital Library, SEG Members and Nonmember Subscribers agree to abide by the terms of the SEG Online Journal Individual User License, text of which appears below. Institutions that subscribe agree to abide by similar usage guidelines.

SEG ONLINE JOURNAL INDIVIDUAL USER LICENSE

1. THIS AGREEMENT between the Member (“Member” or “you”) or Nonmember Subscriber (“Nonmember Subscriber” or “you”) and the Society of Exploration Geophysicists (“SEG”) grants you the right to access the online versions of Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition — as served by the American Institute of Physics (“AIP”) — for which you maintain, through membership in SEG or through nonmember purchase, a current subscription, subject to the terms and conditions set forth in this Agreement.

2. Authorized User.
SEG’s grant to you of online access to Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, for which you maintain a current subscription through membership in SEG or a nonmember purchase, extends only to you individually and may not be transferred to, or extended to, others. You agree to maintain your user ID and password as private and confidential information. Unauthorized use of the Member’s or Nonmember Subscriber’s user ID and password for online access to Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, with or without the Member’s or Nonmember Subscriber’s knowledge, is a breach of this Agreement and a violation of SEG’s copyrights.

3. Permitted Use.
The Member or Nonmember Subscriber is permitted online access to Geophysics and/or The Leading Edge and may download or print text, search results, or other information from Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, solely for the private use or research of the individual Member. The Member or Nonmember Subscriber agrees to use this online access in a way that conforms with all applicable laws and regulations. The Member or Nonmember Subscriber specifically agrees not to make any attempt to gain unauthorized access to any other system or network. SEG grants the Member or Nonmember Subscriber permission for brief quotations from Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts article texts, with the customary acknowledgment of the source, subject to the restrictions, if any, set forth in the article.

4. Prohibitions on Certain Uses.
Altering, recompiling, copying, reselling, redistributing, publishing, or republishing (beyond the brief quotations permitted under Section 3) of any journal text, output, search results, or other information from Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, 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 member and/or nonmember subscribers are prohibited. All rights not expressly granted are reserved to SEG. SEG shall not be required to distribute, and Member or Nonmember Subscriber shall not redistribute, the Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, online journal to a country where the export thereof is prohibited by U.S. law or regulation.

5. Duration of Agreement.
This Agreement will become effective on receipt by AIP on behalf of SEG of the Agreement submitted by you, and, subject to the terms and conditions of this Agreement, will remain in effect while you maintain a current online subscription to Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, through your membership in SEG. This Agreement will terminate:

a. Subject to (b) and (c) below, if your online subscription through membership or nonmember subscription to Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, lapses (termination is effective at the end of the period during which a membership subscription is maintained).

b. Immediately, if any term or condition of this Agreement is violated for any reason, knowingly or unknowingly.

c. Following thirty (30) days’ prior written notice by SEG and/or its agents of any change in the terms of this Agreement, and receipt by SEG or its agents of notice from you in writing, by e-mail, or by fax that you do not accept such change or changes. (In the absence of any such objection by Member or Nonmember Subscriber, SEG’s new terms shall apply.)

6. Copyright.
The Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, online journal and its contents, including abstracts, are copyrighted by SEG and are subject to all applicable copyright, database protection, and other rights of SEG as copyright owner and publisher under the laws of the United States and other countries. Copyright notices in Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, may not be removed, obscured, or modified in any way.

7. Failure of Performance.
Following online access approval, the Member or Nonmember Subscriber will be permitted to attempt online access to Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, at any time. SEG, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance. SEG and/or its agents will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.

8. Official Version of Record.
Official Version of Record. SEG is responsible for ensuring that the online versions of Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, correspond in content with the print versions, but SEG does not guarantee that it does. 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 for The Leading Edge and/or Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, and the online version will be the official version of record for Geophysics for all issues beginning with January-February 2005.

9. Disclaimer of Warranties; Limitation of Liability; Indemnification.
SEG warrants that it is entitled to grant the licenses granted in this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, SEG AND AIP MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GEOPHYSICS AND/OR THE LEADING EDGE AND/OR THE TECHNICAL PROGRAM EXPANDED ABSTRACTS AND/OR THE ENCYCLOPEDIC DICTIONARY OF APPLIED GEOPHYSICS, FOURT EDITION ONLINE JOURNALS, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SEG AND/OR AIP 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 THE GEOPHYSICS AND/OR THE LEADING EDGE AND/OR THE TECHNICAL PROGRAM EXPANDED ABSTRACTS AND/OR THE ENCYCLOPEDIC DICTIONARY OF APPLIED GEOPHYSICS, FOURT EDITION ONLINE JOURNALS; SEG’S AND/OR AIP’S PERFORMANCE UNDER THIS AGREEMENT; TERMINATION OF THIS AGREEMENT BY SEG; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF SEG AND/OR AIP IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SEG AND/OR AIP FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE MEMBER OR NONMEMBER SUBSCRIBER TO SEG AND/OR ITS AGENTS FOR THE ONLINE JOURNAL SUBSCRIPTION FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, 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 SEG and/or AIP unless suit is filed thereon within one (1) year after the event giving rise to the claim. The Member or Nonmember Subscriber assumes sole responsibility for all use of the Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, online journal and agrees to indemnify and hold SEG and/or AIP 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 SEG’s and/or AIP’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. Subject to termination under Section 5, this Agreement may be amended only by an instrument executed by 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 Member or Nonmember Subscriber may not assign or transfer his/her rights under this Agreement. The provisions of Sections 3, 4, 6, 8, 9, and 10 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 State of Oklahoma, applicable to contracts entered into and fully performed in the State of Oklahoma. Any action arising out of or relating to this Agreement or Geophysics and/or The Leading Edge and/or the Technical Program Expanded Abstracts and/or the Encyclopedic Dictionary of Applied Geophysics, fourth edition, shall be brought in courts situated in Tulsa County, Oklahoma, and the parties consent to the jurisdiction of such courts.