BY PLACING AN ORDER ON THIS WEBSITE YOU ARE ACKNOWLEDGING YOUR CONSENT TO ALL
PROVISIONS OF DATA AGREEMENT BELOW.
Manufacturers' News, Inc.
of Evanston, IL, hereafter referred to as MNI, agrees to provide this
program hereafter referred to as PROGRAMS and copyrighted information
hereafter referred to as DATA, which are collectively referred to as
SOFTWARE, and approves and licenses its use. The purchasing company or
individual, hereafter referred to as the LICENSEE, assumes
responsibility for the selection of the SOFTWARE and/or DATA to produce
the LICENSEE'S intended results, and for the installation, use & results
obtained from the SOFTWARE and/or DATA. This license shall become
effective upon the LICENSEE breaking the seal on the SOFTWARE and/or
DATA CD-ROM(s).
This SOFTWARE contains
proprietary and copyrighted information and programs. This DATA contains
proprietary and copyrighted information. The LICENSEE'S rights are
strictly and specifically governed by the terms of this Agreement.
The LICENSEE may use the
SOFTWARE on a single *IBM or *IBM compatible computer, and copy the DATA
CD-ROM(s) to a machine readable or printed form for backup or
modification in support of the LICENSEE'S application of the
SOFTWARE/DATA on a single machine.
The LICENSEE may not
use, copy, modify or transfer the SOFTWARE and/or DATA or any copy,
modification or merged portion, in whole or in part, except as expressly
provided for in this license or in a separately negotiated Multiple User
Access License. The LICENSEE must exercise all reasonable precautions to
prevent others from violating the terms of this license. This SOFTWARE
and/or DATA is licensed exclusively for the LICENSEE'S or USER'S
organization's internal use. NO TELECOMMUNICATION TRANSFER OF THE
SOFTWARE AND/OR DATA IS ALLOWED.
The LICENSEE may not
employ the SOFTWARE or any of the DATA to sell, promote or solicit for
DIRECTORY LISTINGS, BUSINESS DIRECTORIES or DIRECTORY ADVERTISING in any
format. Representing any of the DATA as available to appear (or implying
that it appears) in any non-MNI publication or database is strictly
prohibited, and may be prosecuted to the fullest extent of the law. The
DATA may not be used to help compile or enhance a database, mailing list
or directory to be published, posted online or otherwise revealed, sold
or transferred to any third party.
The SOFTWARE and/or
DATA absolutely may not be resold, offered for sale or transferred to
others, either alone or as a component of any other product or service.
THIS INFORMATION IS
PROVIDED FOR USE IN ACCORDANCE WITH ALL APPLICABLE FEDERAL, STATE AND
LOCAL LAWS. Companies and individuals in this database have not "opted
in" to receive unsolicited advertisements via fax or e-mail. The
LICENSEE bears the full responsibility for any and all complaints from
recipients regarding unsolicited communication of any form from the
LICENSEE or Licensee’s representative. LICENSEE will ensure that
companies provided in the DATA who are contacted by the LICENSEE are
given the option, as per applicable local, state and federal law, to
discontinue receiving calls or correspondence from the LICENSEE. The
LICENSEE will further ensure that upon receipt of such discontinuance
notice the LICENSEE will send no further items to such companies. The
LICENSEE will not refer to MNI by name or inference in any item sent to
a recipient, nor suggest in any way that the recipient contact MNI to
remove their information from MNI's database.
Failure to comply with any
term or condition of this Agreement will result in the termination of
the license, and the LICENSEE will be subject to all applicable legal
remedies and/or prosecution. The LICENSEE may not use the DATA or
PROGRAMS or CD-ROM(s), or any part thereof after termination of this
agreement. Upon termination of this license, the LICENSEE agrees to
return the DATA and SOFTWARE media and documentation.
Limited Warranty:
MNI warrants the CD-ROM(S) on which the SOFTWARE and/or DATA is provided
to be free from defects in material and workmanship under normal use for
thirty (30) days after shipment. MNI also warrants ninety (90) days free
technical support for the initial purchase of the SOFTWARE, contingent
upon receipt of the Product Warranty Form in the User's Manual. Further,
MNI warrants the SOFTWARE, when used as directed, will perform
substantially in accordance with the specifications contained in the
User's Manual. As per software industry standard practices EZ Select CD-ROM(s)
and electronic files are not returnable.
MNI does not warrant that
the PROGRAMS or DATA will meet the LICENSEE'S requirements, or that the
operation of the PROGRAMS will be uninterrupted or error free. The
warranty does not apply to any CD-ROM, data, program or manual which as
been subjected to damage or abuse. The PROGRAM warranty is void for any
program that has been altered or changed in any way by any one other
than MNI. MNI is not responsible for problems caused by changes or
updates in the operating systems or characteristics of the LICENSEE'S
computer hardware or software made after the release of the computer or
operating system. Further, MNI is not responsible for problems caused by
the interaction of the SOFTWARE and/or DATA with the LICENSEE'S software
or operating system, or any software not provided by MNI.
The SOFTWARE and/or DATA
is provided "AS IS", except as excluded above. It carries no warranty,
either expressed or implied, of any kind. There is no implied warranty
of merchantability and/or appropriateness for any particular use or
purpose. Some states do not allow the exclusion of implied warranties,
so the above exclusion may not apply to all users. This warranty gives
the LICENSEE specific legal rights. The LICENSEE may have other rights
that vary from state to state.
MNI will not be liable in
any event to the LICENSEE for any damages, lost profits, lost savings,
or any other incidental damages resulting from the use or inability to
use the SOFTWARE, or the LICENSEE'S software. Further, MNI is not liable
for any claim by any other person or persons. Some states do not allow
the limitation of liabilities, so the above exclusion may not apply to
all users. The LICENSEE'S rights may vary from state to state. MNI's
liability shall, in no case, exceed the amount of the license fee paid
for SOFTWARE and/or DATA user rights.
If you have any questions
about this agreement, which is governed by the laws of the State of
Illinois, contact Manufacturers' News, Inc., 1633 Central Street,
Evanston, Illinois, 60201; (847) 864-1655 Central Time.
BY PLACING AN ORDER ON
THIS SITE, THE LICENSEE ACKNOWLEDGES THAT THE LICENSEE HAS READ AND
AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT. THE LICENSEE FURTHER AGREES AND UNDERSTANDS THAT THIS IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT.
*IBM is a registered
trademark of International Business Machines, Inc.
