- THIS AGREEMENT between you (Member or you) and the American Association of Physicists
in Medicine (AAPM) grants the you the right to access the online version of the Medical
Physics journal (Medical Physics Online) for which you maintain, through membership
in AAPM, a current subscription, subject to the terms and conditions set forth in this
Terms and Conditions
- Authorized Users
AAPM grants to the Member online access to Medical Physics Online. This grant extends
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You agree to maintain your User ID and password as private and confidential information. Unauthorized use
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The Member is permitted online access to Medical Physics Online, and may download, save,
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- Duration of Agreement
This Agreement will become effective upon acceptance by the Member and, subject to the terms and
conditions of this Agreement, will remain in effect while the Member maintains
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- Subject to (b.) and (c.) below, if subscription rights expire based on lapsed membership in AAPM.
- Following thirty (30) days' prior written notice that any term or condition of this Agreement is violated
for any reason, knowingly or unknowingly, provided that violation is not remedied with
all reasonable haste upon notification. The foregoing notwithstanding, AAPM reserves the
right to suspend access to the service immediately upon detecting a breach of this
Agreement. AAPM will notify the Member as soon as possible and always within three
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- Following thirty (30) days' prior written notice by AAPM of any change in the terms of this Agreement,
receipt by AAPM of notice from the Member in writing, or by e-mail or by fax that the
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Medical Physics Online and its content, including abstracts, are copyrighted by AAPM and are subject to all
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- Failure of Performance
Following online access approval, the Member will be permitted to attempt online access to Medical Physics
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- Official Version of Record
AAPM will use commercially reasonable efforts to ensure that the online version of the Medical Physics
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- Disclaimer of Warranties; Limitation of Liability; Indemnification
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IN THE PRECEDING SENTENCE, AAPM MAKES NO WARRANTY OR REPRESENTATION
OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO MEDICAL PHYSICS ONLINE, INCL
UDING ITS QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERF
ORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION OR LICENSES GRANTED HEREUNDER, THE USE OR
INABILITY TO USE MEDICAL PHYSICS ONLINE, AAPM'S PERFORMANCE
UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY AAPM
OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF AAPM IS ADVISED
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DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS
AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE MEMBER TO AAPM
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SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT,
TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO
NEGLIGENCE. The foregoing limitation of liability and exclusion of certain damages
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rise to the claim.
The Member assumes sole responsibility for all use of Medical Physics Online by the Member. In the event
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AAPM 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
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threatened losses arising from, or in connection with, that breach, including without
limitation, claims of unauthorized use.
This Agreement constitutes the entire agreement between the parties and supersedes any prior communication
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Section 6, this Agreement may be amended only by a written instrument signed by both
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The Subscriber may not assign or transfer its rights under this Agreement. The provisions of Sections 2, 4,
5, 7, 9, 10, 11 and 12 hereof shall survive any expiration or termination of this Agreement.
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applicable to contracts entered into and fully performed in the State of New York. Any
action arising out of, or relating to, this Agreement or Medical Physics Online shall be
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jurisdiction of such courts.