THIS IS AN AGREEMENT MADE BY AND BETWEEN YOU AND THE INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS, INCORPORATED (“IEEE”) CONCERNING YOUR USE OF THIS IEEE APPLICATION (THE “SOFTWARE”). PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SOFTWARE, AND YOU MUST UNINSTALL THE SOFTWARE FROM ANY DEVICE OWNED OR CONTROLLED BY YOU.

1. Governing Documents. This agreement incorporates by reference: (a) the Terms & Conditions for use of IEEE Web sites at http://www.ieee.org/site_terms_conditions.html; (b) the IEEE Privacy Policy at http://www.ieee.org/security_privacy.html (the “IEEE Privacy Policy”); (c) any agreement between you or your organization and IEEE concerning content accessed using the Software (e.g., IEEE Online Products Agreement, IEEE Journals Library Plus Agreement and IEEE Member Digital Library); and (d) any usage guidelines posted by IEEE (collectively, the “Governing Documents”). By using the Software, you agree to be bound by the Governing Documents.
2. License. Subject to your compliance in all material respects with the terms and conditions of this Agreement and the Usage Rules set forth in the iTunes App Store Terms of Service, IEEE grants you a restricted, non-exclusive, non-transferable, revocable license to install and use the Software on an iOS personal mobile device that you own and control, in machine executable object code form only and solely for personal, non-commercial purposes.
3. Restrictions. You may not use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display or otherwise grant rights to the Software, or any copy thereof, in whole or in part, except as expressly permitted under this Agreement. You may not reverse engineer, disassemble, decompile or translate the Software, or otherwise attempt to derive the source code, structural framework or the data records of the Software, or authorize any third party to do any of the foregoing. You may not loan, resell or distribute the Software, or any part thereof, in any way.
4. Content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Software, whether publicly posted or privately transmitted ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not IEEE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Software (“Your Content”), and other users of the Software, and not IEEE, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Software (“User Content”). You acknowledge that IEEE has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although IEEE reserves the right in its sole discretion to pre-screen, refuse or remove any Content that is accessible through the Software. IEEE does not claim ownership of Your Content. However, you grant IEEE a perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Your Content in connection with your use of the Software.
5. User Conduct. You shall not: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) impersonate any person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content; (c) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (d) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) interfere with or disrupt the functioning of the Software or servers or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Software; (f) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; or (g) reproduce, duplicate, copy, sell, trade, lend, share, resell or exploit for any commercial purpose any portion of the Software (including, but not limited to, your user account).
6. Ownership. IEEE or its licensors and suppliers own all rights, title and interest in the Software (including, but not limited, to all copyrights, patents, patent applications, trade secrets, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other materials incorporated within the Software), and the Software is protected by U.S. and international copyright and other intellectual property laws and treaties. The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement. IEEE reserves all rights not expressly granted to you.
   . IEEE or its licensors and suppliers own all rights, title and interest in the Software (including, but not limited, to all copyrights, patents, patent applications, trade secrets, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other materials incorporated within the Software), and the Software is protected by U.S. and international copyright and other intellectual property laws and treaties. The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement. IEEE reserves all rights not expressly granted to you.
7. Payments. Use of or access to certain features and Content through the Software may require payment. By using or accessing such features or Content, you agree to pay the price indicated and any applicable sales, use, value-added and other taxes. You are solely responsible for paying all charges incurred using the Software on your device.
8. Suggestions. If you elect to provide or make available to IEEE any suggestions, comments, ideas, improvements or other feedback concerning the Software (collectively, “Suggestions”), IEEE shall be free to use, disclose, reproduce, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you.
9. Social Networks. Some features of the Software may allow you to integrate your use of the Software with Facebook, LinkedIn, Google Plus, Twitter or other similar social networking services (collectively, “Social Networks”). If you choose to integrate your use of the Software with any Social Network, you acknowledge and agree that IEEE may: (a) have access to certain information that you make available through such Social Network; (2) contact you via an email address you make available through the Social Network; or (3) post status messages, notes, photos, videos and other materials to the Social Network on your behalf and at your request. You acknowledge and agree that all terms of use, policies and guidelines established by each Social Network apply to your use of such Social Network in connection with the Software.
10. Personal Information. You acknowledge and agree that by using the Software, IEEE may receive certain personal information about you, and IEEE may collect, us and disclose such information in accordance with the IEEE Privacy Policy.
11. NO WARRANTY. THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS.” IEEE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE SOFTWARE AND ITS CONTENTS OR THAT YOUR USE OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
12. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER IEEE NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES ATTRIBUTABLE TO OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF IEEE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL IEEE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO IEEE FOR USE OF THE SOFTWARE OR FIFTY U.S. DOLLARS, WHICHEVER IS GREATER.
13. Indemnification. You agree to indemnify and hold IEEE and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or regulation; or (c) violation of any rights of another party.
14. Termination. This Agreement is effective until terminated by you or IEEE. Your rights under this Agreement shall terminate automatically without notice from IEEE if you violate any of the terms of this Agreement. Upon termination of this Agreement, all rights granted to you under this Agreement shall immediately terminate, but all other provisions shall survive termination.
15. Dealings with Advertisers. Your dealings with, or participation in promotions of, advertisers found on or through the Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that IEEE shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings.
16. Links. The Software or third parties may provide links to other websites or resources. Because IEEE has no control over such sites and resources, you acknowledge and agree that IEEE is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources.
17. Changes to Software. IEEE reserves the right to modify or discontinue, temporarily or permanently, the Software or any product or service to which it connects, with or without notice and without liability to you.
18. Copyright Infringement Notice. IEEE, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim attributable to the Software. If you believe that your work has been made available through the Software in a way that constitutes copyright infringement, please provide IEEE’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Software; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. IEEE’s Agent for Notice of Copyright Claims can be reached as follows:Agent for Notice of Copyright Claims
    Attn: Bill Hagen
    The Institute for Electrical and Electronics Engineers, Incorporated
    445 Hoes Lane
    Piscataway, NJ 08854
    Fax: + 1 732 562 1746
    Email: copyrights@ieee.org.
19. Legal Compliance. You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
20. General. (a) This Agreement and your relationship with IEEE under the Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. You agree to submit to the exclusive jurisdiction of the courts located within the County and State of New York to resolve any dispute arising from this Agreement or your use of the Software, and you agree not to contest venue in any such action or to assert the doctrine of forum non conveniens or the like. (b) If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability. Such provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of this Agreement. (c) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You may not assign any of your rights or obligations under this agreement to another party without the express written consent of IEEE. (d) The failure of either party to require strict performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. (e) The parties acknowledge that this Agreement is concluded between you and IEEE only, and not with Apple, and Apple is not responsible for the Software and the Contents thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. IEEE, not Apple, is responsible for addressing any claims from you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to, product liability claims, any claim that the Software fails to conform to any applicable legal or regulatory requirement and  claims arising under consumer protection or similar legislation. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and Apple shall have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary hereof. (f) This Agreement constitutes the complete and exclusive statement of the agreement between IEEE and you with respect to the subject matter hereof and supersedes any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.