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License

1. License Grant. Subject to Licensee's compliance in all material respects with the terms and conditions of this Agreement, IEEE grants Licensee a non-exclusive, non-transferable license to use the Licensed Products and to provide access to the Licensed Products electronically via the Internet only to Authorized Users at Authorized Sites or via Remote Access in accordance with the terms and conditions of this Agreement.
2. Authorized Uses. Licensee and its Authorized Users may access and use the Licensed Products only for scholarly and research purposes and only as follows: 
   1. access, search, browse and view the Licensed Products; 
   2. download and print individual Articles and make a reasonable number of photocopies of a printed Article;
   3. print a reasonable number of pages from an eBook and make a reasonable number of photocopies of those printed pages;
   4. forward links to individual Articles and eBooks to Authorized Users;
   5. post up to twenty­five (25) Articles or eBooks per semester, per course in PDF or HTML format for the purposes of electronic course reserves on Licensee's internal, secured computer network accessible only to Authorized Users;
   6. as part of the practice commonly known as "interlibrary loan," deliver a reasonable number of copies of Articles (including through use of Ariel or a substantially similar interlibrary loan transmission software) to fulfill requests from non-commercial, academic libraries provided, however, that such practice:
      1. complies with Section 108 of the U.S. Copyright Act and the guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines);
      2. does not result in systematic reproduction of the Licensed Products, any journal or issue of a journal, any Article, or any portion of the foregoing; and
      3. must not be used for any IEEE Standards; and
   7. perform and engage in TDM [Text and Data Mining] provided that Licensee notifies IEEE prior to performance or engagement of each TDM activity or operation. Licensee and IEEE will mutually determine how Licensee and its Authorized Users may access and use the Licensed Products to perform or engage in TDM. Licensee and its Authorized Users may make available or share and/or utilize TDM Output so long as the results are not used for commercial purposes or to substitute the Licensed Products.
3. Restrictions. Except as expressly permitted in this Agreement, Licensee and its Authorized Users may not:
4. download, reproduce, retain or redistribute the Licensed Products, in its entirety, or any journal or issue of a journal in the Licensed Products in any substantial or systematic manner, including, but not limited to, accessing the Licensed Products using a robot, spider, crawler, screen scraping or similar technological device; 
5. electronically distribute, via e-mail or otherwise, any Article or eBook;
6. abridge, modify, translate or create any derivative work based upon the Licensed Products without the prior written consent of IEEE;
7. display or otherwise make available any part of the Licensed Products to anyone other than Authorized Users;
8. sell, resell, rent, lease, license, sublicense, assign or otherwise transfer any rights granted under this Agreement, including, but not limited to, use of the Licensed Products for document delivery, fee-for-service or any other substantially similar commercial purpose:
9. remove, obscure or modify in any way copyright notices, other notices or disclaimers that appear on Articles or eBooks or in the Licensed Products;
10. utilize the TDM Output to enhance institutional or subject repositories in a way that would compete with the value of the final peer-reviewed journal article, or have the potential to substitute and/or replicate any other existing IEEE product, service and/or solution;
11. make the results of any TDM output available on an externally facing server or website other than as permitted in 5(b); or 
12. permit a third party to harvest any TDM Output.

Intellectual Property Rights.

1. Ownership. Licensee acknowledges and agrees that all right, title and interest in and to the Licensed Products, including all copyright and other intellectual property rights under United States and international laws and treaties, remain with IEEE and its licensors.

Artificial Intelligence.

1. Definitions:
   1. "IEEE Content" refers to any and all proprietary content. data, information, or materials owned or controlled by IEEE that is the subject of this Agreement, including but not limited to text, images, videos, audio, software, and any other digital or non-digital content.
   2. "Artificial Intelligence" or "Al" refers to any software, application, or system that uses artificial intelligence, machine teaming, or similar technologies, whether now in existence or that may be developed in the future, to analyze, train, process, or generate content.
   3. "Machine Leaming System" refers to the subset of artificial intelligence, whether now in existence or that may be developed in the future, that uses algorithms to ingest, analyze, and autonomously create models from data fed into a machine learning platform.
   4. "Large Language Model" refers to any machine learning model or system that can recognize, summarize, translate, predict, analyze sentiment, and generate text based on the patterns and relationships it has learned from massive datasets. Examples include, but are not limited to, GPT-3, GPT -4, PaLM 2, or any similar model or system, whether now in existence or that may be developed in the future.
2. Restricted Use. Licensee and its authorized users are permitted to use IEEE Content for any legal purposes that support non-commercial research, teaching, learning, and equitable access to information, provided such use complies with copyright law, including fair use provisions. No restrictions shall be imposed on authorized user actions in ways that would be unenforceable under copyright law or fair use. Unless the express prior written consent of IEEE is obtained, Licensee shall not, and shall cause its employees, agents, and any third party acting on Licensee's behalf not to use any IEEE Content for the purpose of creating, training, enhancing, developing, maintaining, or contributing to any Al, Machine Learning System, or Large Language Model, whether owned by Licensee or any third party. Without limiting the generality of the foregoing, this prohibition includes, but is not limited to, the following actions:
   1. Uploading, transmitting, or otherwise providing IEEE Content to any Al, Machine Learning System, or Large Language Model for training or incorporation into their datasets;
   2. Using IEEE Content as a source, training set, or benchmark for any Al, Machine Learning System, or Large Language Model;
   3. Using IEEE Content to engage in any activity that may directly or indirectly result in the development, improvement, or expansion of an Al, Machine Learning System, or Large Language Model;
   4. Using services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the IEEE Content in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the IEEE Content;

For the avoidance of doubt, the Licensee further agrees not to engage in any of the following activities: 

1. Reverse Engineering: Licensee shall not attempt (or encourage or support anyone else's attempt) to reverse engineer, decrypt, decompile, disassemble, or otherwise alter or interfere with the IEEE Content, or attempt to derive the source code or underlying algorithms of the Content for the purpose of using it in an Al, Machine Leaming System, or Large Language Model.
2. Data Mining: Licensee shall not engage in data mining, scraping, or any similar activities to extract or collect data from the IEEE Content for use in an Al, Machine Leaming System, or Large Language Model.
3. Modification and Derivative Works: Licensee shall not create derivative works, adaptations, modifications, or variations of the IEEE Content for use with any Al, Machine Learning System, or Large Language Model.