NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST)
STANDARD REFERENCE DATA (SRD)
INTERNET SERVICE SUBSCRIPTION LICENSE


This document is a non-exclusive, non-transferable, non-assignable and limited License Agreement (AGREEMENT) between the National Institute of Standards and Technology, U.S. Department of Commerce, Gaithersburg, MD 20899 (hereinafter known as NIST) and _____________________________________, (“Licensee”).


DEFINITIONS


Internet Editions of NIST Standard Reference Databases - An SRD product specifically designed to provide the most current version of a NIST Standard Reference Database and supporting functionalities in a platform-independent modality accessible to a web browser over the Internet via the NIST SRD E-Commerces System Subscription Databases Portal.


Authorized Users - a person designated in the License to use the Internet Edition of a NIST Standard Reference Database under the terms of this agreement. There are two possible methods of access: 1) Each Authorized User shall receive a username and password upon registration or 2) a user within a registered IP block may access via the NIST SRD Subscription Service Portal the Internet Editions of NIST SRDs covered under this Agreement.


1. GRANT OF RIGHTS, TERMS AND CONDITIONS


Upon acceptance of this Agreement, NIST (“Licensor”) shall grant Licensee a non-exclusive, non-assignable and non-transferable for 1 Authorized Users from _____________________________________ (name of institution) the right to use the NIST Standard Reference Databases Subscription Service (hereinafter, the “Licensed Service”) to access, via the Internet, Licensee’s chosen NIST Standard Reference Data subscription packaging, specifically NIST Inorganic Crystal Structure Database (Individual User) Free Trial (hereinafter, the “Licensed Package”). Unless elsewhere modified, the license granted herein shall be for a period of 30 days, beginning on the date that the Agreement is accepted by NIST, and will automatically terminate 30 days from the date of acceptance, NIST reserves the right to modify the terms of this Agreement upon renewal. NIST will provide Licensee with the date of acceptance of this Agreement.


For subscriptions based on IP numbers the licensee will only be allowed access from the IP Number ranges listed in the Access Method section of this document. These IP numbers must be exclusively used by the licensee. Use of these IP number(s) to access the service must be limited to authorized users from the licensee.


2. COPYRIGHT AND USE RESTRICTIONS


Copyright protection on the Internet Editions of NIST Standard Reference Databases has been secured by the U.S. Department of Commerce in the United States and in other countries that are parties to the Universal Copyright Convention, pursuant to Section 290(e) of Title 15 of the United States Code, Licensee is responsible and accepts responsibility for ensuring that Licensee’s Authorized Users comply with all copyright and usage provisions under this agreement. Under no circumstances or conditions shall Licensee sublicense or otherwise transfer the use of the Licensed Service, nor shall Licensee or Licensee’s Authorized Users reproduce, distribute, augment, change or modify any material, including the Licensed Package obtained through the Licensed Service, unless permission to do so is expressly granted in writing by NIST. Licensee and its Authorized Users may not reproduce or distribute copies of the licensed material to anyone other than the Authorized Users, for any reason or purpose, unless approved by NIST in writing prior to such use. Licensee and its Authorized Users shall not place any of the materials obtained through the Licensed Service on an Intranet or Extranet, without NIST’s explicit written permission.


Licensee and Authorized Users are NOT permitted to do the following:



Licensee and authorized users in registered IP address are NOT permitted to do the following:


3. SUBSCRIPTION FEES


License fees are based upon the number of full time employees or students at a particular licensed location. Licensee shall be given access to the Licensed Service upon full payment of the appropriate fee and acceptance of this agreement. Licensee understands that payment will be due in advance in order to access the Licensed Service. Licensee agrees that the license granted herein shall not take effect until NIST has received full payment of the appropriate subscription fee.


4. NO WARRANTY


NIST strives to deliver a high quality database and to verify that the data contained therein have been selected on the basis of sound scientific judgment. However, NIST makes no warranties, express or implied, of any type including no warranty of merchantability or fitness for a particular purpose. NIST shall not be liable for any damage that may result from errors or omissions in the database.


5. TERMINATION


Licensee may terminate this Agreement for any reason, at any time. This Agreement may be terminated by NIST in the event of any breach of the terms of this Agreement by the Licensee. NIST shall notify the Licensee in writing of its intention to terminate the agreement for cause and will allow customer, thirty (30) days to correct the breach after the date or receipt of written notification.


6. SYSTEM DOWNLOADS


Licensee hereby agrees that systematic downloading of material, e.g., use of robots or intelligent agents (e.g., spiders, web crawlers, etc.) to access and download materials through the Licensed Service, is strictly prohibited and a violation of this Agreement.



LICENSE DATA
Subscriber  
Authorized Users 1
Address  
Address (cont)  
Address (cont)  
City  
State/Province  
Postal Code  
Country  
Email  
Phone  
Fax  
Authorized Signatory  


Effective Date  
Duration 30 days


ACCESS METHOD
User Name / Password  
IP Address  

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