1. 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 Agreement.

    Terms and Conditions
  2. Authorized Users
    AAPM grants to the Member online access to Medical Physics Online. This grant extends only to the Member 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 User ID and password for online access to Medical Physics Online, with or without the Member's knowledge, is a breach of this Agreement and a violation of AAPM's copyrights.
  3. User Identification and Password
    A few days after you indicate your acceptance of this Agreement, a message will be sent to your e-mail address. This message will direct you to the Online Journal Registration Center of AAPM's publishing services provider, the American Institute of Physics (AIP), where you will be able to select a User ID and Password of your own choosing.
  4. Permitted Use
    The Member is permitted online access to Medical Physics Online, and may download, save, or print text, search results, or other information from the journal solely for the private use or research of the Member. The Member may only use this online access in a way that conforms with all applicable laws and regulations.

    AAPM grants the Subscriber permission for brief quotations from Medical Physics Online article texts, with the customary acknowledgment of the source, subject to the restrictions, if any, set forth in the article.

    The Member specifically agrees that use by the Member other than indicated above is a violation of the terms of this Agreement.
  5. Prohibitions on Certain Uses
    Altering, recompiling, systematic or programmatic copying, reselling, redistributing, publishing or republishing (beyond the brief quotations permitted under Section 4) of any journal text, output, search results, or other information from Medical Physics Online, or any portion thereof, including without limitation, copyright, proprietary and/or other legal notices contained therein, in any form or medium is prohibited. Systematic downloading, service bureau redistribution services, printing for fee-for-service purposes and/or the systematic making of print or electronic copies for transmission to non-subscribers or non-subscribing institutions (such as in interlibrary loan) are prohibited. Downloading portions of Medical Physics Online for the purpose of creating pre-loaded systematic and persistent local copies (not including transient, dynamic caches) for redistribution is prohibited. All rights not expressly granted are reserved to AAPM. The Member may not circumvent access control systems or use the computer systems or services of the publishing service provider, AIP, to make any attempt to gain unauthorized access to any other system or network.

    AAPM shall not be required to distribute, and Member shall not redistribute, Medical Physics Online to a country where the export thereof is prohibited by U.S. law or regulation.
  6. 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 subscription rights via current membership in AAPM. This Agreement will terminate:
    1. Subject to (b.) and (c.) below, if subscription rights expire based on lapsed membership in AAPM.
    2. 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 (3) days of any such suspension of service.
    3. 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 Member does not accept such change or changes. (In the absence of any such objection by the Member, AAPM's new terms shall apply.)
  7. Copyright
    Medical Physics Online and its content, including abstracts, are copyrighted by AAPM and are subject to all applicable copyright, database protection and other rights of AAPM as the owner and publisher under the laws of the United States and other countries. Copyright notices in Medical Physics Online may not be removed, obscured, or modified in any way.
  8. Failure of Performance
    Following online access approval, the Member will be permitted to attempt online access to Medical Physics Online at any time. AAPM, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. AAPM will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.
  9. Official Version of Record
    AAPM will use commercially reasonable efforts to ensure that the online version of the Medical Physics journal corresponds in content with the print version, but AAPM does not guarantee that it does. In the event of any discrepancy between the print and online versions, the print version will be the official version of record.
  10. Disclaimer of Warranties; Limitation of Liability; Indemnification
    AAPM warrants that it is entitled to grant the licenses granted in this Agreement. EXCEPT AS SET FORTH 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.
    AAPM 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 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 OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF 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 TO AAPM 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 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 AAPM unless suit is filed thereon within one (1) year after the event giving rise to the claim.

    The Member assumes sole responsibility for all use of Medical Physics Online by the Member. In the event of a breach of this Agreement by the Member, the Member agrees to indemnify and hold 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 of this Agreement and otherwise for AAPM's defense of indemnified claims), losses and threatened losses arising from, or in connection with, that breach, including without limitation, claims of unauthorized use.
  11. 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 6, this Agreement may be amended only by a written instrument signed 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 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.

    This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, 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 brought in courts situated in Nassau County, New York and the parties consent to the jurisdiction of such courts.