Subscription Terms of Use

SPIE Digital Library Individual Subscriber/User License

This License grants Subscribers/Users the right to access and use the SPIE Digital Library, subject to the terms and conditions set forth herein.

1. SPIE Publications

The SPIE Digital Library includes the following online SPIE publications:

• Advanced Photonics (open access)
• Journal of Applied Remote Sensing
• Journal of Astronomical Telescopes, Instruments, and Systems
• Journal of Biomedical Optics (open access as of January 2019)
• The Journal of Electronic Imaging
• Journal of Medical Imaging
• Journal of Micro/Nanolithography, MEMS, and MOEMS
• Journal of Nanophotonics
• Journal of Photonics for Energy
• Neurophotonics (open access as of January 2019)
• Optical Engineering
• Proceedings of SPIE
• SPIE eBooks (available to institutions only)

2. Open Access Journals

Three SPIE journals are open access, as indicated in the above listing, and do not require a subscription or tokens to access and use. Papers published in those journals as of 1 January 2019 are copyrighted by The Authors and published under a Creative Commons Attribution 4.0 Unported License (CC BY). Papers published in those journals prior to 1 January 2019 are free to access and use in accordance with either (i) the terms of SPIE copyright or (ii) the Creative Commons license under which they were originally published, as indicated on page 1 of the PDF or at the end of the online version of each paper.

3. Personal Subscriptions and Tokens

Individual SPIE member subscriptions are available for each non–open-access journal. Individual subscriptions to specific Proceedings of SPIE volumes are available to SPIE conference attendees as part of their conference participation. Users may also utilize purchased or complimentary download tokens to obtain non–open-access journal and proceedings articles.

Some papers in subscription-based SPIE journals and proceedings are also open access, subject to the terms of the copyright or Creative Commons License under which they were originally published.

3.a. Authorized User This License to use the SPIE publications to which you have a personal subscription or token access rights extends solely to you individually and may not be transferred or extended to others.* You agree to maintain your user ID and password as private and confidential information. Unauthorized use of the Subscriber's/User’s user ID and password for online access to any copyrighted SPIE publication, with or without the Subscriber’s/User's knowledge, is a breach of this License and a violation of SPIE copyright.

*For Document Delivery service via pay-per-view or by contract with SPIE, transfer of a paper from the service provider or librarian to the requester is permitted. The terms of this license apply to the document recipient.

3.b. Permitted Use

The Subscriber/User is permitted online access to SPIE publications for which you maintain a current subscription or utilize a token, and may download, save, or print text, figures, search results, or other information solely for the private use or research of the individual Subscriber/User. The Subscriber/User agrees to use this online access in a way that conforms to all applicable laws and regulations.

Use of an open access paper must comply with the terms of the SPIE copyright or Creative Commons License under which it is published.

3.c. Restrictions on Certain Uses

Altering, reselling, redistributing, publishing, or republishing text, figures, data, multimedia, or other information from copyrighted SPIE publications, with the exception of brief, appropriately cited quotations, in any form or medium without prior written permission from SPIE is prohibited. Systematic downloading, and/or the making of print or electronic copies for transmission to nonsubscribers are prohibited. All rights not expressly granted are reserved to SPIE. SPIE shall not be required to distribute, and the Subscriber/User shall not redistribute, content from copyrighted SPIE publications to a country where the export thereof is prohibited by U.S. law or regulation.

3.d. Duration

This License will remain in effect while you maintain a current subscription to SPIE publications. The License will terminate (a) upon termination of a subscription; (b) immediately, if any term or condition of this License is violated for any reason, knowingly or unknowingly; or (c) following thirty (30) days' prior written notice by SPIE and/or its agents of any change in the terms of this License and receipt by SPIE or its agents of notice from you in writing that you do not accept such change(s). (In the absence of any such objection by the Subscriber/User, SPIE's new terms shall apply.)

4. Copyright

With the exception of papers published under a CC BY License, all SPIE publications are copyrighted by SPIE and subject to all applicable copyright and other protections under the laws of the United States and other countries. Paragraphs 3.b and 3.c above specify permitted use and restrictions on the use of SPIE-copyrighted material. Copyright or Creative Commons License notices may not be removed, obscured, or modified.

5. Failure of Performance

Following login and Subscriber/User authentication, the Subscriber/User will be permitted to use and download the SPIE Publications for which you have access rights. However, SPIE will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance. SPIE will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend operation pending such correction.

6. Disclaimer of Warranties; Limitation of Liability; Indemnification

SPIE warrants that it is entitled to grant the License described in this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, SPIE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SPIE PUBLICATIONS, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SPIE 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 SPIE DIGITAL LIBRARY PUBLICATIONS; SPIE'S PERFORMANCE UNDER THIS AGREEMENT; TERMINATION OF THIS AGREEMENT BY SPIE; OR THE LOSS OF DATA, BUSINESS, OR GOODWILL, EVEN IF SPIE IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SPIE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY BREACH OR TERMINATION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE INDIVIDUAL SUBSCRIBER/USER TO SPIE AND/OR ITS AGENTS FOR THE SPIE PUBLICATION(S) IN WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, 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 SPIE unless suit is filed thereon within one (1) year after the event giving rise to the claim. The Subscriber/User assumes sole responsibility for all use of the SPIE Digital Library and agrees to indemnify and hold SPIE 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 License and otherwise for SPIE's defense of indemnified claims), losses and threatened losses arising from or in connection with any breach of this License, including, without limitation, claims of unauthorized use.

7. General

This License 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 5, this License may be amended only by an instrument executed by both parties. The headings used in this License are for convenience only and are not to be considered in construing the terms of this License. The Subscriber/User may not assign or transfer his/her rights under this License. The provisions of Sections 3, 4, 6, 7, and 8 hereof shall survive any expiration or termination of this License. This License will be governed by, and construed in accordance with, the laws of the State of Washington, applicable to contracts entered into and fully performed in the State of Washington. Any action arising out of or relating to this License or SPIE Online Publications shall be brought in courts situated in Whatcom County, Washington, and the parties consent to the jurisdiction of such courts.

Updated 8 July 2019