ASCE ONLINE JOURNAL INSTITUTIONAL SINGLE-SITE USER LICENSE

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1 Versin Date: 9/2010 ASCE ONLINE JOURNAL INSTITUTIONAL SINGLE-SITE USER LICENSE 1. BY SIGNING THIS LICENSE ( LICENSE ), the institutin identified belw ( Subscriber r yu ) agrees t the terms and cnditins set frth in this License. In turn, the American Sciety f Civil Engineers ( ASCE ) grants the Subscriber and Authrized Users at the Subscriber s Authrized Site the right t access nline versins f the belwindicated jurnals subject t these same terms and cnditins. PLEASE PRINT CLEARLY. Subscribing Institutin Address Subscriber Accunt n. (if knwn) Yu may btain yur accunt number nline at ONLINEJLS@asce.rg, r call the ASCE Order Fulfillment Department at If subscribing thrugh an agency, please give name f agency Cntact persn respnsible fr administratin f nline jurnals: Name Address Telephne (Please print clearly. Ntificatin that yur nline access is active will be sent by t this address.) Fax The Online Jurnals are the electrnic versins f thse listed jurnals t which the Subscriber maintains a valid nline Subscriptin; this is subject t cnfirmatin by ASCE and amendment due t future Subscriptin purchases r cancellatins. Access rights fr a given subscriptin may be limited t nly a subset f the ttal publicatin years available nline. Please indicate yur current jurnal subscriptins by marking the apprpriate bxes belw. The ASCE Online Jurnals includes the Online Jurnals and any additinal features that ASCE may chse t prvide, including but nt limited t nline dcument delivery services; any restrictins n use apply t all nline materials accessed under this License. CURRENT JOURNAL SUBSCRIPTIONS HELD BY YOUR INSTITUTION Check here if yu have an ALL Jurnals Subscriptin r check yur individual Jurnals: Internatinal Jurnal f Gemechanics Jurnal f Aerspace Engineering Jurnal f Architectural Engineering Jurnal f Bridge Engineering Jurnal f Cld Regins Engineering Jurnal f Cmpsites fr Cnstructin Jurnal f Cmputing in Civil Engineering Jurnal f Cnstructin Engineering and Mgt. Jurnal f Energy Engineering Jurnal f Engineering Mechanics Jurnal f Envirnmental Engineering Jurnal f Getechnical and Geenvirnmental Eng. Jurnal f Hydraulic Engineering Jurnal f Hydrlgic Engineering Jurnal f Infrastructure Engineering Jurnal f Irrigatin and Drainage Engineering Jurnal f Legal Affairs and Dispute Reslutin in Engineering and Cnstructin Jurnal f Management in Engineering Jurnal f Materials in Civil Engineering Jurnal f Nanmechanics and Micrmechanics Jurnal f Perfrmance f Cnstructed Facilities Jurnal f Pipeline Systems Eng. and Practice Jurnal f Prfessinal Issues in Engineering Educatin and Practice Jurnal f Structural Engineering Jurnal f Surveying Engineering Jurnal f Transprtatin Engineering Jurnal f Urban Planning and Develpment Jurnal f Water Resurces Planning and Mgmt. Jurnal f Waterway, Prt, Castal, and Ocean Eng. Leadership and Management in Engineering Natural Hazards Review Jurnal f Hazardus, Txic, and Radiactive Waste Practice Peridical n Structural Design and Cnstructin ASCE Online Prceedings Backfile: Jurnals available frm January 1983 t present; Prceedings available frm 2000 t present.

2 TERMS and CONDITIONS 2. Authrized Site and Users ASCE grants t the Subscriber and Authrized Users at the Subscriber s Authrized Site nline access t the Online Jurnals fr which the Subscriber maintains a current subscriptin t nline versin theref. This grant extends nly t the Subscriber and such Authrized Users individually and may nt be transferred t, r extended t, thers. Fr purpses f this License, an Authrized Site is a lcalized site (ne gegraphical lcatin) that is under a single administratin. Fr an rganizatin with lcatins in mre than ne city, each city is cnsidered t be a different site. Fr an rganizatin that has multiple lcatins in the same city that are administered independently, each lcatin is cnsidered t be a different site. N access frm remte campuses r remte sites and n cnsrtia r ther frms f subscriptin sharing are allwed under this License. (If yu are seeking nline access fr multiple sites, please cntact the ASCE Publicatins Marketing Department at marketing@asce.rg r phne ) Authrized Users means nly the emplyees, faculty, staff, and students fficially affiliated with the Subscriber at the Authrized Site, and persns with legal access t the library s cllectins and facilities at the Authrized Site, using an IP address within the range identified in the Appendix (page 5). Authrized Users may be persns remte frm the Subscriber s physical lcatin whse access is administered frm the Authrized Site, but nt persns at remte sites r campuses with separate administratins. Fr example, an emplyee f the Subscriber may be cnsidered t be an Authrized User when accessing the Subscriber s netwrk frm hme r while traveling t anther city; hwever, emplyees f a branch campus r facility in anther city are nt cnsidered t be Authrized Users. The Subscriber will exercise reasnable vigilance and shall be respnsible fr all access cntrl and security measures necessary t ensure that the Subscriber s IP addresses are nt used t access the Online Jurnals by ther than Authrized Users. The Subscriber warrants and represents that cmmn and reasnable methds will be used t infrm Authrized Users f general terms and cnditins fr the use f nline infrmatin prducts that are cnsistent with this License. Furthermre, the Subscriber will make every attempt t enfrce the terms f this License upn receiving infrmatin frm ASCE r any ther surce that reasnably indicates that ne r mre Authrized Users is in vilatin f the terms f this License. 3. IP Addresses Authrized Users will be recgnized and authrized by their Internet address. IP addresses and/r address ranges fr the Subscribing Institutin are indicated in the Appendix. 4. Permitted Use The Subscriber and Authrized Users are permitted nline access t the Online Jurnals indicated in Sectin 1, and may dwnlad, save, r print text, search results, r ther infrmatin frm the Online Jurnals slely fr the private use r research f the Subscriber and the Authrized Users. The Subscriber and Authrized Users may nly use this nline access in a way that cnfrms with all applicable laws and regulatins. ASCE grants the Subscriber and Authrized Users permissin fr brief qutatins frm the cntent f Online Jurnal articles with the custmary acknwledgment f the surce, and t cpy and transmit cntent frm individual Online Jurnal articles in persn-tpersn and nn-systematic schlarly exchanges f infrmatin between Authrized Users and specific individuals. The Subscriber may supply a cpy f an article (i.e. Interlibrary Lan) t a nn-subscriber r nn-subscribing institutin nly under the fllwing cnditins: ASCE-prepared electrnic article files may nt be transmitted in their riginal digital frm t any ther institutin r t a nn-authrized user. A hard cpy printed frm the electrnic files f the jurnal(s) may be supplied t anther institutin by mail r fax r secure transmissin using Ariel r its equivalent, whereby the electrnic file is deleted immediately after printing, prvided the institutin is nt-fr-prfit and within the same cuntry as the Subscriber. The supply f such cpies must cnfrm t CONTU guidelines r similar restrictins t fair use prvisins under cpyright law. Faculty at the Subscriber s institutin may include articles frm the Licensed Material in anthlgies (cursepacks) in print r digital frm fr distributin t Authrized Users fr their use in cnnectins with classrm instructin r in reserves (print r digital) set up by the subscribing institutin fr access by Authrized Users in cnnectin with specific curses. Cpies f items in digital frm which are included in nline cursepacks r reserves will be deleted by the Subscriber after the end f the semester in which the related curse cncludes. 2

3 The Subscriber specifically agrees that use by the Subscriber r Authrized Users ther than indicated abve is a vilatin f the terms f this License. 5. Prhibitins n Certain Uses The Subscriber shall nt knwingly permit anyne ther than Authrized Users t use the Licensed Materials. Altering, recmpiling, reselling, publishing r republishing (beynd the brief qutatins permitted under Sectin 4) f any jurnal text, utput, search results, r ther infrmatin frm the Online Jurnals, r any prtin theref, including withut limitatin, cpyright, prprietary and/r ther legal ntices cntained therein, in any frm r medium is prhibited. Systematic r prgrammatic dwnlading, printing, transmitting, r cpying f the Licensed Materials is prhibited. Systematic r Prgrammatic means dwnlading, printing, transmitting, r cpying activity f which the intent r the effect is t capture, reprduce, r transfer the entire utput f a jurnal vlume, a jurnal issue, r a jurnal tpical sectin, r sequential r cumulative search results, r cllectin f abstracts, articles, r tables f cntents. Other such systematic r prgrammatic use f the Licensed Material that interferes with the access f Authrized Users r that may affect the perfrmance f the ASCE Online Jurnals System, fr example, the use f rbts t index cntent, r dwnlading r attempting t dwnlad large amunts f material in a shrt perid f time, is prhibited. Redistributin f the Licensed Material, except as permitted in Sectin 4, withut permissin by ASCE and/r payment f ryalty t ASCE r t the apprpriate Reprductin Rights Organizatin, is prhibited. All rights nt expressly granted herein are reserved t ASCE. The Subscriber and Authrized Users may nt circumvent ASCE s access cntrl systems r use ASCE s systems r services t make any attempt t gain unauthrized access t any ther system r netwrk. ASCE shall nt be required t distribute, and Subscriber shall nt redistribute any Online Jurnal included therein t a cuntry where the exprt theref is prhibited by U.S. law r regulatin. 6. Duratin f License This License will becme effective n receipt by ASCE f the License signed by an authrized agent f the Subscriber, and, subject t the terms and cnditins f this License, will remain in effect while the Subscriber maintains a current paid print r nline subscriptin t the Online Jurnal(s). This License will terminate: a) Subject t (b.) and (c.) belw, if the print r nline subscriptin lapses (terminatin is effective at the end f the paid subscriptin perid). b) Fllwing thirty (30) days prir written ntice that any term r cnditin f this License is vilated fr any reasn, knwingly r unknwingly, prvided that vilatin is nt remedied with all reasnable haste upn ntificatin. The freging ntwithstanding, ASCE reserves the right t suspend access t the service immediately upn detecting a breach f this License. ASCE will use reasnable effrt t ntify the Subscriber as sn as pssible, usually within three (3) days f any such suspensin f service, by sending t the address yu supplied in Sectin 1. c) Fllwing thirty (30) days prir written ntice by ASCE f any change in the terms f this License, receipt by ASCE f ntice frm the Subscriber in writing, r by r by fax that the Subscriber des nt accept such change r changes. (In the absence f any such bjectin by Subscriber, ASCE's new terms shall apply.) This License shall renew autmatically fr the term f any Print r Online Subscriptin upn receipt by ASCE f payment fr that subscriptin. 7. Cpyright The Online Jurnals and their cntent, including abstracts, are cpyrighted by ASCE. The Online Jurnals are subject t all applicable cpyright, database prtectin and ther rights f ASCE under the laws f the United States and ther cuntries. Cpyright ntices in the Online Jurnals may nt be remved, bscured, r mdified in any way. Unauthrized cpying r redistributin f any ASCE Jurnal cntent is a vilatin f cpyright laws. 8. Failure f Perfrmance Fllwing nline access apprval, the Subscriber and Authrized Users will be permitted t attempt nline access t the Online Jurnals at any time. ASCE, hwever, will nt be liable fr any delay, dwntime, transmissin errr, sftware r equipment 3

4 incmpatibilities, frce majeure r ther failure f perfrmance. ASCE will use cmmercially reasnable effrts t crrect any material perfrmance prblem brught t its attentin and may suspend perfrmance pending such crrectins. 9. Official Versin f Recrd ASCE will use cmmercially reasnable effrts t ensure that the nline versins f the jurnals crrespnd in cntent with the print versins, but ASCE des nt guarantee that they d. In the event f any discrepancy between the print and nline versins, the print versin will be the fficial versin f recrd. 10. Usage Rights f Lapsed Subscribers ASCE will use reasnable effrts t retain in an archive all electrnic infrmatin published by the American Sciety f Civil Engineers. The Subscriber will be given the ptin t purchase a physical archive cpy, fr example a CD-ROM, f the cntent in the Online Jurnals, published during the term fr which a paid subscriptin was maintained. The Subscriber will be permitted t cpy that cntent frm the physical archive cpy t the institutin s infrmatin systems and redistribute that cntent t Authrized Users within the Authrized Site. Any hardware r sftware required t distribute cntent frm the archive cpy will be the respnsibility f the Subscriber. The definitins f Authrized Site, Authrized Users, and allwed and prhibited uses as prvided in this License shall therwise apply t the use f the archive cpy. Upn lapse f subscriptin, n additinal service is prvided. Lst r damaged physical archive cpies will be replaced with cpies in the then-current frmat fr a reasnable fee; therwise, back issue physical cpies in the then-current frmat will be made available at the then-current pricing schedule. 11. Disclaimer f Warranties; Limitatin f Liability; Indemnificatin ASCE warrants that it is entitled t grant the licenses granted in this License. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, ASCE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE JOURNALS, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, COMPLIANCE WITH ANY COMPUTATIONAL PROCESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASCE 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 ANY ASCE ONLINE JOURNAL, ASCE S PERFORMANCE UNDER THIS LICENSE, TERMINATION OF THIS LICENSE BY ASCE OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF ASCE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ASCE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS LICENSE EXCEED THE TOTAL AMOUNT PAID BY THE SUBSCRIBER TO ASCE FOR THE ONLINE JOURNAL SUBSCRIPTION, BUT NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00), FOR THE CURRENT SUBSCRIPTION YEAR IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. The freging limitatin f liability and exclusin f certain damages shall apply regardless f the success r effectiveness f ther remedies. N claim may be made against ASCE unless suit is filed theren within ne (1) year after the event giving rise t the claim. The Subscriber assumes sle respnsibility fr all use f the Online Jurnals by the Subscriber and by each Authrized User. In the event f a breach f this License by the Subscriber r Authrized Users, the Subscriber agrees t indemnify and hld ASCE harmless frm and against any and all claims, liabilities, damages, expenses (including attrneys fees and experts csts, penalties and fees, if any, fr the enfrcement f this License and therwise fr ASCE s defense f indemnified claims), lsses and threatened lsses arising frm, r in cnnectin with, that breach, including withut limitatin, claims f unauthrized use. 12. General This License cnstitutes the entire agreement between the parties and supersedes any prir cmmunicatin between the parties with respect t the subject matter heref. The headings used in this License are fr cnvenience nly and are nt t be cnsidered in cnstruing the terms f this License. Subject t terminatin under Sectin 6, this License may be amended nly by cnsent (via mail, , r fax) f bth parties. If ASCE sends ntice t the Subscriber f changes in the terms f this License, lack f respnse by the Subscriber within a thirty (30) day perid will be taken as acceptance f the new terms. Subscriber may nt make any changes t this License withut written cnsent by ASCE. The Subscriber must pay any taxes (including but nt limited t any applicable Value Added Taxes, Sales Taxes, and Imprt Taxes) ther than taxes n ASCE s net incme, arising ut f the Subscriber s use f the Online Jurnals and/r the rights granted under this License. The Subscriber may nt assign r transfer its rights under this License. The prvisins f Sectins 2, 4, 5, 7, 9, 10, 11, and 12 heref shall survive any expiratin r terminatin f this License. 4

5 This License will be gverned by, and cnstrued in accrdance with, the laws f the Cmmnwealth f Virginia, applicable t cntracts entered int and fully perfrmed in the Cmmnwealth f Virginia. An actin arising ut f, r relating t, this License r any f the Online Jurnals shall be brught in curts situated in Fairfax Cunty, Virginia an the parties cnsent t the jurisdictin f such curts. I have read and agree t adhere t and abide by all the terms and cnditins stated abve, and I certify that I am authrized t sign this License n behalf f the Subscribing Institutin identified in Sectin 1 abve. Name: Signature: Title: Date: Please mail the cmpleted and signed License t: American Sciety f Civil Engineers Order Fulfillment Department 1801 Alexander Bell Drive Restn, VA Telephne: , Fr ASCE use nly: License n. Custmer I.D. n. Date: 5

6 APPENDIX INSTITUTIONAL IP ADDRESSES/RANGES ASCE has enabled IP-address-based access cntrl fr institutinal subscribers. Each cmputer that accesses the Internet is assigned an IP address, cmmnly represented as fur number grups separated by dts (e.g., ). All cmputers n a lcal area netwrk, r subnet, may have the first tw r three number grups in cmmn. Access t ASCE jurnal(s) frm yur institutin s Authrized Site will be prvided based n the IP addresses and/r ranges yu prvide. (It is recmmended that yu cnsult with yur netwrk administratr t determine yur IP addresses, subnets, and ther critical infrmatin abut yur institutin s netwrk cnfiguratin.) IP addresses fr lcatins ther than the Authrized Site will nt be accepted under this License; if yu are seeking nline access fr multiple sites, please cntact the Scitatin Custmer Service at help@scitatin.rg r phne ASCE will accept up t ten IP addresses and/r ranges (Class B, Class C, and single statin) via this frm (attach additinal sheets as necessary). Nte that Class B requests will be subject t additinal review by ASCE Technical Staff. Please cntact the OJPS Custmer Service Office (see abve) if yu need t register a prxy r caching server, r if yu have any additinal questins. Yu may als cnsult the ASCE Web site ( fr additinal infrmatin n registering fr nline access. All infrmatin prvided regarding yur IP addresses will be verified by ASCE, and yur netwrk cntact (which must be prvided belw) will be cntacted if additinal clarificatin is necessary. Please type yur IP addresses/ranges in the fllwing frmats [please cntact the OJPS Custmer Service Office (see abve) if yu require assistance]: Class B Netwrk: Enter the first tw (netwrk) numbers and use asterisks fr the hst addresses, i.e., *.* Class C Netwrk: Type the first three (netwrk) numbers and an asterisk fr the hst addresses, i.e., * (ranges are acceptable; type * * t indicate Class C ranges) Single Statin(s): Type all fur numbers, i.e., (ranges are acceptable; type t indicate ranges f single statins) IP Addresses and/r Ranges: Please enter yur fully qualified dmain name [the ne registered with the Internet Crpratin fr Assigned Names and Numbers (ICANN)]: Please prvide the fllwing required netwrk cntact infrmatin: Name: Telephne: FAX: Address: Please check here if additinal IP addresses are listed n attached sheet(s). PLEASE PRINT CLEARLY 6