Copyright Terms and Conditions

ASME COPYRIGHT FORM TERMS AND CONDITIONS

The following terms and conditions are fully incorporated into the Copyright Form. Please read them carefully.

REPRESENTATIONS, OBLIGATIONS, ACKNOWLEDGEMENTS, AND INDEMNIFICATION

You represent and acknowledge that:

(A)  This Paper represents:  either the first publication of material or the first publication of an original compilation of information from a number of sources as specifically noted by footnotes and/or bibliography.

(B) You have the right to enter into this Copyright Form and to make the assignment of rights to ASME. If the Paper contains excerpts from other copyrighted material (including without limitation any diagrams, photographs, figures or text), you have acquired in writing all necessary rights from third parties to include those materials in the Paper, and have provided appropriate credit for that third-party material in footnotes or in a bibliography.

(C) If you are signing this Form on behalf of any co-authors or other copyright holders, you have obtained express authorizations from all those authors and/or copyright holders to make this assignment of rights to ASME.

(D) To the best of the author’s knowledge, all statements contained in the Paper purporting to be facts are true or supported by reasonable scientific research, the Paper does not contain any defamatory or libelous material and does not infringe any third party’s copyright, patent, trade secret, or other proprietary rights and does not violate the right of privacy or publicity of any third party or otherwise violate any other applicable law; furthermore that to the best of your ability, you are responsible for ensuring the accuracy of your research and the Paper’s content.

(E)  If the Paper was produced in the course of an author’s employment by, or contractual relationship with, the U.S. Federal or State Government and/or contains classified material, it has been appropriately cleared for public release and such is indicated in the paper. 

(F) The Paper is not subject to any prior claim, encumbrance or form and is not under consideration for publication elsewhere. 

(G) You have appropriately cited and acknowledged all third parties who have contributed significantly in the Paper’s technical aspects.

(H) ASME is not responsible for any misrepresentation, errors or omissions by those signing this copyright form.

(I) All print and electronic copies of the Paper submitted to ASME become ASME’s physical property regardless of whether or not ASME publishes the Paper, and that ASME is not obligated to publish your paper (see  the Termination Section below if your paper is not published).

(J) ASME is not responsible for any of your expenses incurred in connection with preparing the Paper or attending meetings to present it, nor will ASME pay you any financial compensation if it publishes your Paper.

(K)  Subject to and to the maximum extent permitted by law, you agree to indemnify and hold harmless ASME from any damage or expense related to a breach of any of the representations and warranties above.

 

TERMINATION

If ASME decides not to publish your Paper, this Form, including all of ASME’s rights in your Paper, terminates and you are thereafter free to offer the Paper for publication elsewhere.

GENERAL PROVISIONS

This Copyright Form, the Terms & Conditions, and ASME Copyright Guidelines, constitutes the entire agreement between you and ASME, and supersedes all prior or current negotiations, understandings and representations, whether oral or written, between you and ASME concerning the Paper.

This Agreement is governed by, and should be construed in accordance with, the laws of the State of New York, United States of America, applicable to agreements made and performed there, except to the extent that your institution is prohibited by law from entering contracts governed by New York law, in which limited case this Agreement is governed by, and should be construed in accordance with, the laws of the jurisdiction in which your institution is located.  Any claim, dispute, action or proceeding relating to this Agreement may be brought only in the applicable state and federal courts in the State and County of New York, and you expressly consent to personal jurisdiction and venue in any of those courts.