1. THIS AGREEMENT between the Subscriber and IS&T-The Society for Imaging Science and Technology and SPIE-The International Society for Optical Engineering grants the Subscriber the right to access the Journal of Electronic Imaging-as served by the American Institute of Physics (AIP)-for which you maintain, through membership in IS&T or SPIE or through nonmember purchase, a current subscription, subject to the terms and conditions set forth in this Agreement.

The AIP Scitation includes the Journal of Electronic Imaging and any additional features that AIP may choose to provide, including but not limited to the SPIN bibliographic database and online document delivery services; any restrictions on use apply to all online materials accessed under this License.

2. Authorized User
IS&T's and SPIE's grant to you of online access to the Journal of Electronic Imaging 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 Subscriber's user ID and password for online access to the Journal of Electronic Imaging with or without the Subscriber's knowledge, is a breach of this Agreement and a violation of IS&T's and SPIE's copyrights.

3. Permitted Use
The Subscriber is permitted online access to the Journal of Electronic Imaging and may download, save, or print text, search results, or other information from the Journal of Electronic Imaging solely for the private use or research of the individual Subscriber. The Subscriber agrees to use this online access in a way that conforms to all applicable laws and regulations. IS&T and SPIE grant the Subscriber permission for brief quotations from the Journal of Electronic Imaging, 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 text, output, search results, or other information from the Journal of Electronic Imaging, 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 nonsubscribers or nonsubscribing institutions are prohibited. All rights not expressly granted are reserved to IS&T and SPIE.

IS&T and SPIE shall not be required to distribute, and the Subscriber shall not redistribute, content from the Journal of Electronic Imaging 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 acceptance by you of this license, as evidenced by your checking the user acceptance box and completing registration of your online subscription, and, subject to the terms and conditions of this Agreement, will remain in effect while you maintain a current online subscription to the Journal of Electronic Imaging, including renewals to your online subscription. This Agreement will terminate:

a. Subject to (b) and (c) below, if your online subscription lapses (termination is effective at the end of the period for which a 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 IS&T and SPIE and/or their agents of any change in the terms of this Agreement and receipt by IS&T and SPIE or their 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 the Subscriber, IS&T's and SPIE's new terms shall apply.)

6. Copyright
The Journal of Electronic Imaging and its contents, including abstracts, is copyrighted jointly by IS&T and SPIE and is subject to all applicable copyright, database protection, and other rights of IS&T and SPIE as copyright owners and publishers under the laws of the United States and other countries. Copyright notices in the Journal of Electronic Imaging may not be removed, obscured, or modified in any way. Unauthorized copying or redistribution of any IS&T- and SPIE-copyrighted content is a violation of copyright laws.

7. Failure of Performance
Following online access approval, the Member or Nonmember Subscriber will be permitted to attempt online access to the Journal of Electronic Imaging at any time. IS&T and SPIE, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance. IS&T and SPIE and/or their agents will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.

9. Disclaimer of Warranties; Limitation of Liability; Indemnification
IS&T and SPIE warrant that they are entitled to grant the licenses granted in this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, IS&T AND SPIE AND AIP MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE JOURNAL OF ELECTRONIC IMAGING, INCLUDING ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IS&T AND SPIE 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 JOURNAL OF ELECTRONIC IMAGING; IS&T'S AND SPIE'S AND/OR AIP'S PERFORMANCE UNDER THIS AGREEMENT; TERMINATION OF THIS AGREEMENT BY IS&T AND SPIE; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF IS&T AND SPIE AND/OR AIP ARE ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF IS&T AND SPIE 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 IS&T AND SPIE AND/OR THEIR AGENTS FOR THE JOURNAL OF ELECTRONIC IMAGING 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 IS&T and SPIE and/or AIP unless suit is filed thereon within one (1) year after the event giving rise to the claim. The Subscriber assumes sole responsibility for all use of the Journal of Electronic Imaging and agrees to indemnify and hold IS&T and SPIE 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 IS&T's and SPIE'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 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 Washington, applicable to contracts entered into and fully performed in the State of Washington. Any action arising out of or relating to this Agreement or the Journal of Electronic Imaging shall be brought in courts situated in Whatcom County, Washington, and the parties consent to the jurisdiction of such courts.