Terms and Conditions

THE AMERICAN SOCIETY FOR CELL BIOLOGY
IMAGE & VIDEO LIBRARY
NON-COMMERCIAL USER’S LICENSE AGREEMENT

PLEASE READ THIS AGREEMENT BEFORE YOU USE THE IMAGES IN THE AMERICAN SOCIETY FOR CELL BIOLOGY (“ASCB”) IMAGE AND VIDEO LIBRARY. THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE IMAGES. WHEN YOU ACCESS OR USE THE IMAGES, YOU AGREE TO BE LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS.

Copyright Owner

The “Copyright Owner” is the author or other lawful owner of the copyright in the Images. “Copyright Owner” includes successors and assigns. ASCB has a license from the Copyright Owner. The license enables ASCB to enter into this Agreement with you.

Grant of License

ASCB grants you a limited, revocable, non-exclusive and non-transferable license to access and use the Images without modification for the purposes stated in this Agreement. You may not sell, rent, loan, give, publish, sublicense or otherwise transfer the Images to anyone or give anyone the right to reproduce the Images. The Copyright Owners of the Images retain the sole and exclusive copyrights and all other proprietary rights in the Images. You have no ownership or copyright interest in the Images.

Licensed Uses

You may use the Images only for research and educational purposes in an educational institution. Images may be stored on a network server, hard drive or removable media, but only while this Agreement remains in effect. All of the Images you use must be accompanied by a notice stating, “© [Date and Author’s or Owner’s Name]. All rights reserved. Reprinted under license from The American Society for Cell Biology.” The notice shall appear with the Images or on a credits page.

“Educational purposes” means (i) non-commercial instruction or curriculum based teaching by educators to students at nonprofit educational institutions, (ii) planned non-commercial study, investigation or research directed toward making a contribution to a field of knowledge, or (iii) presentation of research findings at non-commercial peer conferences, workshops or seminars, but in any event there must be express written permission from ASCB before an Image can be published. “Educational institutions” include K-12 schools, colleges and universities. Libraries, museums, hospitals, research institutes and other nonprofit organizations are considered educational institutions when they engage in nonprofit instructional, research or scholarly activities for educational purposes.

You will use the Images only for Fair Use, nonprofit educational purposes as defined in Section 107 of the U.C. Copyright Act, 17 U.S.C. §107, http://www.copyright.gov/title17/92chap1.html#107. To the extent they apply, you will adhere to the rules and guidelines in U.S. Copyright Office Circular 21, “Reproduction of Copyrighted Works by Educators and Librarians.” Circular 21 can be downloaded at http://www.copyright.gov/circs/circ21.pdf.

Contact the ASCB (cellimages@ascb.org) to discuss a license for commercial and other uses not covered above.

No Warranties; Limitation of Liability

THE IMAGES ARE LICENSED TO YOU ON AN “AS IS” BASIS, SUBJECT TO ALL FAULTS, DEFECTS AND ERRORS. ASCB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE IMAGES OR THE ASCB IMAGE AND VIDEO LIBRARY WEBSITE OR THEIR CONDITION.

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE CONSEQUENCES OF YOUR USE OF THE IMAGES. IN NO EVENT SHALL ASCB BE LIABLE TO YOU OR ANY OTHER PERSON FOR AN AMOUNT THAT EXCEEDS THE AMOUNT YOU PAID, IF ANYTHING, FOR ACCESSING OR USING ANY IMAGES.

Term of Agreement; Termination

ASCB may terminate this Agreement, without further obligation or liability to you or any other person, if ASCB determines that you have violated any of the terms of this Agreement. Upon termination of this Agreement, you will delete or destroy all copies of the Images.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or the validity, performance, or breach thereof shall be settled by arbitration in Bethesda, Maryland administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Attorneys’ Fees

In the event that either party brings any legal action, including arbitration, against the other party to enforce any of the terms and conditions of this Agreement, the parties agree that the non-prevailing party shall pay to the prevailing party all fees, costs and expenses of the action, including reasonable attorneys’ fees, incurred by the prevailing party.

Miscellaneous

This Agreement constitutes the complete and exclusive agreement between you and ASCB with respect to the subject matter hereof. This Agreement supersedes and replaces all prior oral or written understandings, communications or agreements between the parties. This Agreement may not be modified except in writing duly signed by an authorized representative of ASCB. If any provision of this Agreement is held to be unenforceable for any reason, that provision shall be reformed only to the extent necessary to make it enforceable.