IMPORTANT- READ THESE TERMS CAREFULLY BEFORE ENTERING THIS ASTM PRODUCT.
- Definitions.
- “Access-Control Technology” means any technological protection, encryption, or security measure that limits how a Product may be accessed, viewed, printed, copied, or shared. An example of Access-Control Technology is digital rights management.
- “Agreement” means this ASTM License Agreement for Retail, together with the ASTM Privacy Policy (https://www.astm.org/policies/privacy-policy).
- “ASTM” means ASTM International with a place of business at 100 Barr Harbor Drive, West Conshohocken, PA 19428.
- “ASTM Standards” means standards format on characteristics and performance of materials, products, systems, and services and the promotion of related technical knowledge documents. ASTM Standards are ASTM intellectual property.
- “License” (or any derivation thereof) means the limited right granted by ASTM to access and use a Product, as set forth in Section 4 of this Agreement.
- “Licensee”, “you”, “your” means the individual who obtained or purchased a license to the Product.
- “Product” means any content, publication, data, or other material, in PDF or hard copy format (whichever was licensed), and Licensed by ASTM through the ASTM webstore, including both ASTM-owned content (such as ASTM Standards) and Third Party Content (defined below).
- “Third-Party Content” means any content, publication, data, or material owned by a third party that ASTM is authorized to distribute and license under agreement with the respective content owner.
- Acceptance of the Agreement. This Agreement takes effect on the date you purchased a License to the Product. By completing your purchase of a License through ASTM’s webstore, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not proceed with your purchase of a License. The English version of this Agreement is the official and controlling version. In the event of any conflict or inconsistency between the English version and a translated version, the English version shall prevail and govern all interpretations, applications, and enforcement of this Agreement.
- Ownership
- Product Ownership
- This Product is protected by copyright owned and licensed by ASTM, except for Third-Party Content and where explicitly stated otherwise. All rights are reserved. The License does not convey ownership or any other rights beyond the limited license granted herein. This transaction does not constitute a sale of the content itself, but a limited license to access and use it. All right, title, and interest in and to the Product, in any format provided through the ASTM website, remain the exclusive property of ASTM (unless otherwise specified; e.g., Third-Party Content).
- You may not remove, obscure, or modify any copyright, trademark, or other proprietary notice within the Product, nor may you alter, disable, or circumvent any Access-Control Technology or security features protecting the Product.
- You acknowledge and agree that the adoption, enactment, reference, or incorporation of the Product by any government, agency, code, or standard-setting body does not transfer, modify, or diminish ASTM’s rights in the Product, nor does it affect the terms of this Agreement in any way.
- Copyright Notice. Products must bear proper copyright notice in ASTM's name (or if Third-Party Content in the Third-Party Content owner’s name), as shown in the initial page of each Product. Obscuring, deletion or modification of the copyright notice is not permitted.
- Format Neutrality. All rights and restrictions in this Agreement apply regardless of the format or platform of the Product. The License covers only the specific format you obtained through the ASTM webstore. Any other format requires a separate license from ASTM.
- Product Ownership of Third-Party Content.
- ASTM may, through the ASTM webstore, provide you with a License to access Third-Party Content.
- You acknowledge and agree that any Third-Party Content licensed to you remains the property of the applicable Third-Party Content owner. ASTM does not assert ownership rights in such Third-Party Content but represents that it has obtained the necessary rights or permissions to make it available to you.
- Third-Party Content licensed through the ASTM webstore is governed by the same terms and conditions as other Products under this Agreement, unless otherwise specified.
- ASTM disclaims responsibility for content accuracy or ongoing availability of Third-Party Content.
- Grant of License. ASTM grants you a limited, non-exclusive, non-transferable, and revocable (subject to termination as set forth herein) License to access and use the Product in accordance with this Agreement.
- Authorized Use - Digital Products: If you purchase a License to a Product in PDF format, your access and use are governed by the access controls and usage limitations applied to that Product, as set forth below and throughout this Agreement.
- ASTM Standards.
- ASTM Standards Products are protected by Access Control Technology that prohibits you from printing, saving, or storing a permanent copy on any device.
- You may access ASTM Standards in two ways only:
- Online via ASTM’s web viewer; and
- Offline, by temporarily opening the file from your download or browser cache using supported PDF software (e.g., Adobe Acrobat).
- The Access Control Technology automatically manages offline access and does not create any savable, transferable, or printable copies.
- You may not attempt to circumvent, copy, or reproduce the ASTM Standards in any form.
- Third-Party Content.
- Third-Party Content. Third-Party Content currently includes basic Access Control Technology protection (e.g., watermarking) that permits local storage of the PDF and limited offline access.
- You may download one (1) copy of the Product for your exclusive personal, internal use.
- You may not share, reproduce, or print the Product except as expressly permitted in future updates to this Agreement or as otherwise stated at the time of purchase.
- At a future date, Third-Party Content may become subject to similar Access Control Technology protections as ASTM Standards, at which time the same restrictions on printing and saving will apply automatically without amendment to this Agreement.
- Authorized Use - Printed Products.
- If you purchase a License to a printed copy (of the Product), ASTM will print and ship the Product to the address you provide. The Product remains subject to the terms of this Agreement.
- You may scan a copy (one-time) of the Product into PDF format. For such PDF version, you may only use it on a single personal computer or device under your exclusive control.
- Authorized Use - Other Products. ASTM grants Licensee a limited, nonexclusive, nontransferable, revocable license to access and use such other Products as may be made available from time to time, including but not limited to adjuncts, data compilations, digital content, training materials, proficiency testing programs, and any related materials (collectively, “Other Products”), solely in accordance with the applicable terms and conditions published by ASTM or provided at the time of purchase or delivery. All Other Products are licensed, not sold, and remain the intellectual property of ASTM or its licensors. Certain Other Products may include or reference additional product-specific terms, and in the event of any conflict between this Agreement and such product-specific terms, the product-specific terms shall govern to the extent of the conflict. In the absence of specific license terms for a particular product, use is limited to internal business, research, or educational purposes, and any reproduction, distribution, modification, or commercial use without ASTM’s prior written consent is strictly prohibited.
- Prohibited Uses.
- The License granted to you in Section 4 defines your permitted use of the Product. Any use outside those rights is prohibited and may result in immediate termination of this License.
- You may not reproduce, distribute, transmit, modify, adapt, translate, store, or create derivative works from any Product, in whole or in part, by any means or for any purpose, except as expressly permitted in Section 3A or with ASTM’s prior written consent.
- Without limiting the foregoing, you may not:
- Share, sell, or otherwise make the Product or its contents available to others;
- Include any portion of a Product in course packs, electronic reserves, or learning management systems without prior written permission from ASTM;
- Systematically download, archive, or centrally store substantial portions of the Product;
- Use any Product or its content for commercial purposes, including resale, fee-based services, or bulk distribution.
- The Product and its contents may not be used, in whole or in part, in connection with any form of artificial intelligence (including, without limiting the foregoing, generative AI, machine learning, etc.).
- Circumvention of Access-Control Technology. You may not attempt to disable, alter, bypass, or otherwise interfere with any Access-Control Technology or security mechanism applied to a Product, including any attempt to print, copy, or store a protected Product in a manner inconsistent with Section 4.
- Detection of Prohibited Uses. Licensee is responsible for taking reasonable measures to prevent any unauthorized or prohibited use of the Product. Upon becoming aware of any such use or copyright infringement, Licensee shall promptly notify ASTM, cooperate in any investigation, and take reasonable steps to stop the activity and prevent it recurrence. In addition, ASTM reserves the right to employ technological measures, including but not limited to Access-Control Technology, to detect, prevent, and investigate any unauthorized use of the Product.
- Continued Access to the Product.
- Access to any Product is contingent upon full payment at the time of purchase of a License. All sales are final, and no refunds, returns, or exchanges will be permitted once access to a Product has been granted.
- ASTM may update, modify, or replace the technological means used to deliver or protect Products at any time, provided such changes do not materially reduce access to the License.
- ASTM may terminate this License, upon written notice, if the Licensee materially breaches any term of this Agreement. No cure period applies to any breach.
- Upon termination or expiration of this License, all access to the Product will immediately cease, and ASTM may, in its sole discretion, deny any further access to the Product or related materials.
- Delivery Formats and Service.
- Delivery Formats. Each License grants access to a Product made available either as (i) a secure digital version accessible via ASTM’s approved online or offline viewing tools or (ii) printed copies, depending on the Product type at the time of purchase.
- Electronic Delivery and Access.
- If you purchase a License to the PDF version of the Product, it will be delivered electronically through the ASTM webstore. You must have Internet access to download your copy, and you are responsible for completing the download after purchase.
- If you purchase a License to the printed copy of the Product, ASTM will print and ship the Product to the address you provide during the ordering process.
- Delivery Issues.
- If a Product in PDF format is not successfully delivered or downloaded due to a technical issue (including an expired or invalid download link), Licensee must notify ASTM within a reasonable time after purchase. Upon verification of payment, ASTM will make reasonable efforts to restore access or provide a replacement download link. ASTM shall have no further obligation or liability once access has been restored or a replacement provided.
- ASTM is not responsible for postal or carrier delays, delivery errors, or loss or damage occurring after a printed Product has been shipped. Risk of loss transfers to the Licensee upon ASTM’s delivery of the Product to the carrier.
- Fees and Taxes.
- Fees. Payment for the purchase of a License to the Product may be made via credit card (or debit card) and in US dollar. For credit card payments, charges will be processed at the time of order confirmation.
- Taxes. Licensee must pay any applicable taxes, other than taxes on ASTM's net income, arising out of Licensee's purchase of a License to the Product and/or rights granted under this Agreement. For printed Products, Licensee is responsible for any customs, VAT, or import taxes, as it relates to international shipments.
- All sales are final; termination does not entitle Licensee to any refund, credit, or exchange.
- Verification. ASTM has the right to verify compliance with this Agreement, at its expense, and at any time during the course of normal business hours. To do so, ASTM will engage an independent consultant, subject to confidentiality agreement, to review Licensee's use of Product. Licensee agrees to provide compliance information on its computer systems for this purpose. Verification will take place upon no less than 15 days’ notice, during normal business hours and in a manner that does not interfere unreasonably with Licensee’s operations. If verification reveals unlicensed or prohibited use of the Product, Licensee agrees to resolve the matter within a reasonable time as mutually determined by the parties. By invoking this procedure, ASTM does not waive any of its rights to enforce this Agreement or to protect its intellectual property by any other means permitted by law.
- Disclaimer of Warranty. Unless specified in this Agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid. Furthermore, ASTM makes no representation or warranty that any Product complies with, satisfies, or is suitable for use in meeting any legal, regulatory, or compliance requirement, or that its use will ensure compliance with any applicable laws, regulations, codes, or standards.
- Limitation of Liability. To the extent not prohibited by law, in no event will ASTM be liable for any loss, damage, lost data or for special, indirect, consequential or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of the Product. In no event will ASTM's liability exceed the amount paid by Licensee under this Agreement (whether arising in contract, tort, or otherwise), even if ASTM has been advised of the possibility of such damages.
- General.
- Termination.
- This Agreement remains in effect until terminated. ASTM may terminate the License immediately upon written notice if Licensee breaches any term of this Agreement.
- Licensee may terminate the License at any time by ceasing all use of the Product, destroying all copies in any form, and notifying ASTM.
- Upon termination, all licensed rights granted to Licensee automatically cease. Licensee shall ensure that all printed copies of the Product are deleted or destroyed.
- ASTM may retain access logs and related usage data for compliance, audit, and recordkeeping purposes in accordance with this Agreement.
- Governing Law, Venue, and Jurisdiction. This Agreement shall be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania. Licensee agrees to submit to jurisdiction and venue in the state and federal courts of Pennsylvania for any dispute which may arise under this Agreement. Licensee also agrees to waive any claim of immunity it may possess.
- Integration. This Agreement is the entire agreement between Licensee and ASTM relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
- No Implied Rights. No rights or licenses are granted or implied except as expressly set forth in this Agreement.
- Assignment. Licensee may not assign or transfer its rights under this Agreement without the prior written permission of ASTM.
- Survival. The provisions of this Agreement that by their nature should survive termination shall so survive, including but not limited to Sections 3 (Ownership), 5 (Prohibited Uses), 7 (Continued Access and Termination), 10 (Verification), 11 (Disclaimer of Warranty), 12 (Limitation of Liability), and 13 (General). All rights and obligations relating to confidentiality, intellectual property, compliance, and governing law shall likewise survive any expiration or termination of this Agreement.
- Severability. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
Digital Access and Use.
- Upon purchase of a digital Product through the ASTM webstore, Licensee will receive access to the Product through Licensee’s ASTM account. Access is granted solely to the individual Licensee and is non-transferable. Licensee may not share, sell, or otherwise disclose account credentials (including passwords) to any other person or entity. Licensee is responsible for maintaining the confidentiality of its login credentials and for all activity occurring under its account.
- ASTM may suspend or terminate access if unauthorized sharing, misuse, or breach of this Agreement is detected. Access to the digital Product constitutes a limited license to view and use the Product for personal or internal reference only; it does not convey ownership. Unauthorized sharing, reproduction, or redistribution of any Product or login credentials is strictly prohibited.
EEO. ASTM is an equal opportunity employer and federal contractor or subcontractor. As applicable, ASTM abide by the requirements of 41 CFR Section 10-1.4(a); 41 CFR Section 60-300.5(a); 41 CFR Section 60-741.5(a); and 29 CFR Part 471, Appendix A to Subpart A with respect to affirmative action program and posting requirements, and that these requirements are incorporated herein. Section 60-300.5 and 60-741.5 require that covered prime contractors and subcontractors ensure nondiscrimination and take affirmative action in employment to employ and advance qualified individuals without regard to their physical or mental disability and protected Veteran status.Notices. If you have any questions about this Agreement or the Product you purchased, you can reference the following site for contacting ASTM: https://www.astm.org/help/contact. Technology and Force Majeure Disclaimer. ASTM does not guarantee continuous availability of online or offline access tools. Temporary interruptions or service changes shall not constitute a breach of this Agreement.