to General Terms
December 9, 2011
These Supplemental Terms for Specific Materials contain terms applicable to certain Materials. You may not have access to all of the Materials referenced herein.
1. A.M. Best Company, Inc.
Best's Company Reports are copyrighted by A.M. Best Company, Inc. and are provided for Subscriber's internal use. Information or materials electronically retrieved and/or printed from Best's Company Reports may be duplicated for limited purposes such as use in documents or briefs filed with courts, administrative boards, other governmental agencies, and with counsel in such matters. However, you may not publish, broadcast, sell or otherwise redistribute this material for commercial purposes.
Information included in Best's Company Reports is obtained from each company's sworn financial statement as filed with the Insurance Commissioner of the state in which the company is domiciled and licensed to conduct business. While the information in Best's Company Reports was obtained from sources believed to be reliable, its accuracy is not guaranteed.
Best's Ratings reflect A.M. Best Company's current and independent opinion of the financial strength and operating performance of an insurer relative to the standards established by A.M. Best Company. Best's Ratings are not a warranty of an insurer's current or future ability to meet its obligations to policyholders, nor are they a recommendation of a specific policy form, contract rate or claim practice.
A.M. Best Company makes no warranties, expressed or implied, including those of merchantability or fitness for a particular purpose. In no event shall A.M. Best Company have any liability for lost profits or incidental or consequential damages.
2. American Society of Health System Pharmacists Materials
DIF is provided for informational purposes only. Drug therapy decisions are the responsibility of the clinician. The entire monography should be reviewed.
3. Asia Pulse Pte Limited
This is the Asia Pulse service of business intelligence, news, tenders and expert commentary on the economics of Asia provided by Asia Pulse Pte Ltd (Asia Pulse).
Asia Pulse reserves all rights including copyright in relation to services provided by it, except where otherwise stated. The Asia Pulse service is supplied to subscribers solely for their use. Retransmission, dissemination or publication other than in accordance with the General Terms and Conditions, whether in print, electronic or other means, is expressly forbidden without written authorization from Asia Pulse.
Asia Pulse prepares its service on material obtained from sources which it believes are reliable. Asia Pulse is published as an information service without assuming a duty of care. Asia Pulse is not in the business of providing professional advice and the Asia Pulse service should not be relied on as a substitute for financial, legal or other professional advice. Asia Pulse gives no warranty or guarantee as to the accuracy of the information contained in the Asia Pulse service and shall not be liable for errors, omissions in, or delays or interruptions to or cessation of the service through negligence or otherwise.
Copyright 1996 Asia Pulse Pte Ltd
4. ASX Operations Pty Limited
To the extent permitted by law, ASX Operations Pty Limited, its related bodies corporate, and any officer, employee, contractor or agent of ASX Operations Pty Limited or its related bodies corporate exclude liability for any loss, damage, cost or expense suffered by any person resulting in any way from the use of, or reliance on, the ASX publications. The Rules (and any Procedures and ancillary documents) reproduced in the ASX publications do not purport to be an official version.
5. Australian Broadcasting Corporation Materials
You may not publish, broadcast, sell or otherwise redistribute these materials for commercial purposes. You may not modify the information found in Australian Broadcasting Corporation materials without the express permission of the Australian Broadcasting Corporation. The "wave" device is a trademark of the Australian Broadcasting Corporation. It may not be used without the prior, specific, written permission of the Australian Broadcasting Corporation.
6. Axel Springer AG/Jüdische Presse gGmbH Materials
7. Axel Springer AG Materials
8. Bank Directory
You may not store materials retrieved from the Bank Directory in a machine readable form for more than 30 days.
9. Barclays Official California Code of Regulations
BARCLAYS MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS; AND
BARCLAYS ASSUMES NO LIABILITY WHATSOEVER WITH RESPECT TO ANY USE OF BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS OR ANY PORTION THEREOF OR WITH RESPECT TO ANY DAMAGES WHICH MAY RESULT FROM SUCH USE.
10. Berliner Morgenpost (Ullstein GmbH)
11. Bundesanzeiger Verlagsgesellschaft mbH Materials
In the course of collecting, digitizing, formatting and structuring these materials, errors may occur in the edited data record and such data record may deviate from the original source, which errors and deviations are beyond the control and detection of Bundesanzeiger Verlagsgesellschaft mbH. It is not possible to perfectly check the correctness, reliability and completeness of these materials and their error-free correspondence with the entries in the commercial registers. Bundesanzeiger Verlagsgesellschaft mbH does not guarantee the correctness, reliability and completeness of the material or the error-free correspondence between the material and commercial register sources. BUNDESANZEIGER VERLAGSGESELLSCHAFT MBH DOES NOT WARRANT THE COMPLETENESS AND CORRECTNESS OF THESE MATERIALS OR THEIR CORRESPONDENCE TO THE ENTRIES IN THE COMMERCIAL REGISTERS.
Notwithstanding the foregoing, Bundesanzeiger Verlagsgesellschaft mbH does assure that the materials have been drawn up in accordance with the principles of due commercial diligence applicable in Germany.
12. Bureau of National Affairs, Inc. Materials
These materials may not be resold and may only delivered in the ordinary course of rendering legal, consulting, market research, or other similar services to clients. You may not redistribute these materials via Lotus Notes.
13. CQ-Roll Call, Inc. (including Congressional Quarterly and FDCH Materials)
These materials are not legal transcripts for purposes of litigation
14. Canadian Federal Courts Reports Materials
15. CELEX Database
You may not publish, broadcast, sell or otherwise redistribute these materials for commercial purposes.
16. Company Intelligence Database and Gale Company Briefs Database
Gale Group, Inc. ("GALE") does not guarantee or warrant the accuracy or completeness of the materials identified immediately above and will not be responsible for any claim of any person attributable to errors, omissions or other inaccuracies of any part of such materials.
You must seek written authorization from GALE to use the materials identified immediately above in any way not specified in the General Terms and Conditions.
17. Consumer Reports®
Consumers Union never allows its ratings, name or work, including this material, to be used as an endorsement or commercial tie-in with any product or service or for any commercial, promotional or advertising use. Consumers Union takes all steps open to it to prevent misuse of its work or name.
18. Datastream Content Solutions, LLC ("DSCS")
All materials provided by DSCS ("DSCS Materials") are provided on an "as is", "as available" basis, and DSCS expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose. DSCS makes no warranty of accuracy, currentness, completeness or continuous availability of DSCS Materials. The user assumes all risk of use of DSCS Materials.
DSCS shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from DSCS Materials, (b) the unavailability or interruption of access to the DSCS Materials, (c) the content of DSCS Materials, or (d) any delay or failure in performance beyond the reasonable control of DSCS. The user's exclusive remedy for errors in DSCS Materials shall be for DSCS to use commercially reasonable efforts to correct errors. The aggregate liability of DSCS in connection with any claim arising out of or relating to DSCS Materials shall not exceed the monetary amount of actual direct damages, and such monetary damages shall be in lieu of all other remedies.
DSCS shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) arising in connection with the DSCS Materials, regardless of any negligence.
19. Deloitte & Touche LLP
The International Tax and Business Guide Series is prepared by professionals in Deloitte Touche Tohmatsu International ("DTTI") and its member firms. This Series is designed to provide potential investors with fundamental information about various countries, including factors that a foreign investor should consider in deciding whether to acquire an existing company or start a new operation in a particular country. These factors include tax planning, employment and labor considerations, financing, importing, exporting and accounting matters.
The information given is not exhaustive; furthermore, laws, regulations and administrative requirements are continually changing, and their application and impact vary with the specific facts involved. Accordingly, the publications in this Series are not intended to substitute for accounting, tax, investment, legal or other professional advice or services. Before making any decision or taking any action that may affect its business or finances, the reader should consult qualified professional advisors who understand the reader's particular factual situation. DTTI member firms would be pleased to discuss specific matters.
DTTI and its member firms make no representations or warranties regarding this Series and expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non infringement and accuracy. DTTI and its member firms shall not be responsible for any errors this Series may contain, whether caused by negligence or otherwise, or for any loss, however caused, arising out of the use of any publication in this Series. Please address any comments or questions to Audrey Duggan, Deloitte & Touche LLP, 555 12th Street NW, Washington DC 20004.
20. Dun & Bradstreet, Inc.
21. Dun & Bradstreet Limited (formerly ICC Databases)
22. Economist Intelligence Unit - Country Reports
You may not publish, broadcast, sell or otherwise distribute multiple copies of these materials for commercial purposes or for internal use.
23. Economist Intelligence Unit - Market Research Reports
You may not distribute multiple copies of these materials on LAN or WAN platforms including, without limitation, Lotus Notes or intranet.
24. Electronic Directory Assistance Materials
These materials may not be used for direct marketing or direct mail purposes, including, without limitation, development of direct marketing lists, appending to direct marketing files or use of the data in development of any outbound marketing campaign/program.
You may not syndicate or download the materials to an Intranet. You may not make derivative products of the materials.
26. ESRI Mapping
Environmental Systems Research Institute, Inc. and/or its licensors (collectively "ESRI") own the software, data, and documentation used to deliver the maps accessed through the ESRI Mapping feature. ESRI retains all right, title, and interest in and to the software, data, and documentation used to deliver the maps accessed through the ESRI Mapping feature. You shall not reproduce, copy, reverse-engineer, create derivative works of, or in any manner violate or attempt to impair the intellectual property rights of ESRI in the software, data, and documentation used to deliver the maps accessed through the ESRI Mapping feature.
27. Experian Information Solutions, Inc. Databases
Vehicle Registration Data:
All Experian Materials:
28. First American CoreLogic, Inc. ("FACL") Property Data
You may not use the FACL Materials for direct marketing purposes (including but not limited to list rentals, whether as a section or as a match and append) or for any other direct marketing application.
You may not use any portion of the FACL Materials to create, replace, supplement or enhance any title, legal, vesting, ownership or encumbrance report. You may not use FACL Materials in conjunction with prior written approval from FACL. You are prohibited from using the FACL Materials to develop any models, scores, or analytics including any methodology that would seek to value, trend, appraise, insure, encumber, un-encumber or otherwise evaluate real property assets in any manner.
You may not commingle, mix or combine the FACL Materials with real estate information that you obtain from other sources.
You may not disclose or share with any third party counts, layouts or statistical metrics relating to the FACL Materials.
The FACL Materials shall not be used (i) as a factor in establishing an individual’s eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority, (v) in connection with any permissible purpose as defined by the Fair Credit Reporting Act (15 U.S.C. Sections 1681 et seq.), or (vi) in any other manner that would cause such use of the Service to be construed as a consumer report by any authority having jurisdiction over any of the parties. The FACL Materials shall not be used in connection with alternative insurance underwriting approaches or products without first obtaining written permission. Further, the FACL Materials may not be used to develop any models, scores, or analytics including any methodology that would seek to value, trend, appraise, insure, encumber, un-encumber or otherwise evaluate real property assets in any manner.
29. Frankfort Publishing Co. (The State Journal)
You may not publish, broadcast, sell or otherwise redistribute these materials for commercial purposes.
30. Frankfurter Allgemeine Zeitung GmbH Materials (Frankfurter Allgemeine Zeitung; Frankfurter Allgemeine
Frankfurter Allegemeine Zeitung GmbH ("FAZ") does not guarantee or warrant these materials in any way. FAZ shall not be liable to you for any loss or injury arising out of or caused, in whole or in part, by negligent acts or omissions of FAZ in preparing or delivering these materials through the Online Services or in doing anything related thereto. FAZ shall not be liable for consequential damages, even if advised of the possibility of such damages. If, notwithstanding the foregoing, FAZ is held to be liable to you, the amount of such liability shall not exceed $10,000 (USD).
31. Gale Research Inc. Databases
No part of these databases may be transmitted without the written permission of Gale Research Inc. ("Gale"). Any portion of this database which is downloaded from the Online Services and stored in machine readable form may be retained only for a temporary period of time. Use in electronic databases or for mailing lists is prohibited. GALE AND ITS INFORMATION PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL GALE OR ITS INFORMATION PROVIDERS BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES FROM USE OF THESE DATABASES.
32. Het Financieele Dagblad B.V. Materials
You may not publish, broadcast, sell or otherwise redistribute these materials for commercial purposes.
33. IDD Information Services Database
Database copyrighted by IDD Information Services, Inc. (IDD). The IDD database is provided for use only within your organization. Information or materials electronically retrieved and/or printed from the database may not be duplicated or redistributed in any form without the prior written permission of IDD. Information included in the database is obtained from sources considered reliable, but there is no guarantee with respect to the accuracy or completeness of the database or any information contained therein. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements to make the final judgment and evaluation as to the usefulness in your own environment. IDD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event shall IDD have any liability for lost profits or incidental or consequential damages.
34. Index to Legal Periodicals
The H. W. Wilson Company and the Index to Legal Periodicals make NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AS TO FITNESS FOR PARTICULAR PURPOSES, AND WILL NOT BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOST PROFITS OR OTHER CLAIMS AND DEMANDS ARISING OUT OF THE INDEX TO LEGAL PERIODICALS OR ITS USE.
Any portion of the Index to Legal Periodicals which is downloaded from the Services and stored in machine readable form may be retained only for a temporary period of time.
35. INVESTEXT ® Database
The research reports contained in the INVESTEXT Database have been prepared by various firms and services and are individually protected by copyright.
The Investext Group and the various research firms whose research is found in the INVESTEXT Database make no representations as to the accuracy or completeness of the information provided. Further, you are advised that the electronic conversion and transmission of textual and numeric data may cause errors and/or omissions that are beyond the control of The Investext Group. You should also note that there is a delay between preparation of the research reports and their inclusion in the INVESTEXT Database, and the reports may therefore not be up to date. For these reasons the reports contained in the INVESTEXT Database are provided for archival research purposes only and not for investment or any other purposes.
36. Le Figaro
37. London Stock Exchange Plc (Dow Jones UK Disclosure Wire)
38. MacMillan Publishers Ltd. Materials
39. McGill Law Journal
McGill Law Journal ("MLJ") reserves all rights, including copyright, in relation to materials provided by it. MLJ's materials are supplied to subscribers solely for their use. Retransmission, dissemination or publication other than in accordance with the General Terms and Conditions, whether in print, electronic or other means, is expressly forbidden without written authorization from MLJ.
40. The McGraw Hill Companies, Inc. ("M-H") Materials
The above Materials are valuable intellectual property exclusively owned by M-H and provided for your internal use. No proprietary rights are transferred to you in the Materials or in any information therein. While you may utilize limited excerpts from the Materials in the ordinary course of business provided a credit to M-H is included, you may not externally redistribute or disseminate the Materials in any manner which competes with or substitutes for distribution by M-H. Except as may be expressly permitted by LexisNexis in its agreement with you, you may not: (i) republish, broadcast or distribute the Materials over any internal network, or (ii) reproduce information contained in the Materials, except that individual end-users may make a single printout of limited portions of the Materials on an ad hoc basis for personal use, provided they do not constitute a substantial portion of any issue of any title/publication included in the Materials. You may not store the Materials in machine-readable form for more than 90 days and may only download excerpts on an ad hoc (not a systematic) basis. You shall reproduce M-H's copyright notice on any downloaded Materials. In the event of misappropriation or misuse of the Materials M-H shall be entitled to obtain injunctive relief.
You are prohibited from using the Materials for subsequent commercial purposes such as resale or preparing databases of such material.
NEITHER M-H NOR ITS SOURCES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO ACCURACY, ADEQUACY, OR COMPLETENESS OF INFORMATION CONTAINED IN THE MATERIALS, WHICH ARE PROVIDED "AS-IS", WITHOUT WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR RESULTS. NEITHER M-H NOR ANY SOURCES SHALL BE LIABLE FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, INCLUDING LOSS OF PROFITS, EVEN IF ADVISED OF THE POSSIBILITY. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF M-H FOR ALL ACTIONS EXCEED THE AVERAGE MONTHLY FEE PAID BY SUBSCRIBER FOR ACCESS TO THE MATERIALS.
The foregoing terms shall survive any termination of your right of access to the Materials.
41. Medline® Database
National Library of Medicine ("NLM") represents that the materials provided in the Medline Database were formulated with a reasonable standard of care. Except for this representation, NLM MAKES NO REPRESENTATION OR WARRANTIES, EXPRESSED OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NLM SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS.
You may download NLM-produced citations and reuse these records within your organization or institution. NLM suggests that organizations limit the number of records to 1,000 per month. Since NLM makes corrections and enhancements to and performs maintenance on these records at least annually, you should plan to replace or correct the records once a year to ensure that they are still correct and searchable as a group.
NLM databases are produced by a U.S. government agency and as such the contents are not covered by copyright domestically. They may be copyrighted outside the U.S. Some NLM produced data is from copyrighted publications of the respective copyright claimants. Users of the NLM databases are solely responsible for compliance with any copyright restrictions and are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publications, all of which are incorporated by reference. Users should consult legal counsel before using NLM-produced records to be certain that their plans are in compliance with appropriate laws.
All records must be identified as being derived from NLM databases.
42. Micromedex, Inc.
The information contained in the Micromedex products is intended as an educational aid only. It is not intended as medical advice for individual conditions or treatment. It is not a substitute for a medical exam, nor does it replace the need for services provided by medical professionals. Talk to your doctor, nurse or pharmacist before taking any prescription or over the counter drugs (including any herbal medicines or supplements) or following any treatment or regimen. Only your doctor, nurse or pharmacist can provide you with advice on what is safe and effective for you.
The use of the Micromedex is at your sole risk. These products are provided "AS IS" and "as available" for use, without warranties of any kind, either express or implied. Micromedex makes no representation or warranty as to the accuracy, reliability, timeliness, usefulness or completeness of any of the information contained in the products. Additionally, MICROMEDEX MAKES NO REPRESENTATION OR WARRANTIES AS TO THE OPINIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF USE OF THE MICROMEDEX PRODUCTS. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE HEREBY EXCLUDED. Micromedex does not assume any responsibility or risk for your use of the Micromedex products.
43. National Data Registry, Inc.
The information contained in the materials provided by National Data Registry, Inc. may be used solely for legal and investigative/research purposes by legitimate businesses. Copies of the records provided through LexisNexis are for informational purposes only; official/certified copies may be obtained from the applicable public repository.
44. News International Associated Services Limited Materials (Times Newspapers Limited, News Group Newspapers, TSL Education Limited)
You and your authorized users may not, without the prior written permission of LexisNexis, host or store portions of The Times, The Sunday Times, The Sun, News of the World, The Times Educational Supplement or The Times Higher Educational Supplement (which are accessed through the LexisNexis Services) on your Intranet in any library or archive of information intended to be accessed by another party.
45. Newsweek Magazine
46. New York Department of State Corporation/Limited Partnership Records
TO THE EXTENT THAT ANY OF THE INFORMATION, MATERIAL OR DATA OBTAINED FROM LEXISNEXIS, A DIVISION OF REED ELSEVIER INC., IS DERIVED FROM THE NEW YORK STATE, DEPARTMENT OF STATE, DIVISION OF CORPORATIONS AND STATE RECORDS:
47. New York State Unified Court System Materials
The New York State Unified Court System ("UCS") does not warrant the comprehensiveness, completeness, accuracy or adequacy for any particular use or purpose of the information contained in its databases and expressly disclaims all other warranties, express or implied, as to any matter whatsoever. Neither the UCS, its courts, court related agencies or its officers or employees shall be responsible for any loss or damage caused by the use of the information contained in any of its databases.
48. New York Times
You may not publish, broadcast, sell or otherwise redistribute (other than for internal institutional use) these materials for commercial purposes. You may not store materials retrieved from The New York Times in a machine-readable form for more than 90 days.
49. PDQ Database
NATIONAL CANCER INSTITUTE ("NCI") represents that the PDQ Database was formulated with a reasonable standard of care. EXCEPT FOR THE FOREGOING, NCI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PDQ DATABASE.
50. Rogers Publishing Limited Materials
The materials identified above are and shall remain valuable intellectual property exclusively owned by Rogers Publishing Limited ("RP"). No proprietary rights are being transferred to users in such materials or in any of the information contained therein. Misappropriation or misuse of such materials may cause serious damage to RP and, in such event, money damages may not constitute sufficient compensation to RP.
Neither RP nor any of its affiliates make any warranties, express or implied, as to the accuracy, adequacy or completeness of any of the information contained in the materials identified above. All such materials are provided to users on an "as-is" basis, without any warranties as to merchantability or fitness for a particular purpose or use or with respect to results which may be obtained from the use of such materials. Neither RP nor its affiliates shall have any responsibility or liability for any errors or omissions nor shall they be liable for any damages, whether direct or indirect, special or consequential, including loss of profits, even if they have been advised of the possibility of such damages. In no event shall the liability of RP or any of its affiliates pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by a user for access to such materials in the month in which such cause of action is alleged to have arisen. Furthermore, neither RP nor any of its affiliates shall have any responsibility or liability for delays or failures due to circumstances beyond their control.
51. RUSSICA DiaLine
You may not publish, broadcast, sell or otherwise redistribute these materials for commercial purposes. You may only retain insubstantial portions of these materials in machine-readable form for a temporary period of time.
Information in RUSSICA DiaLine is provided by RUSSICA-Izvestia Information, Inc. ("RUSSICA") and is derived from sources which RUSSICA considers to be sufficiently reliable to justify inclusion. RUSSICA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO INFORMATION IN RUSSICA DIALINE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE INFORMATION. THE ENTIRE RISK OF USING THE INFORMATION IN RUSSICA DIALINE LIES WITH THE USER. RUSSICA shall not be liable in any way to you or any third party who may use the information in or from RUSSICA DiaLine or to any other person whatsoever for any damages arising in any way out of delays, inaccuracies, errors or omissions in RUSSICA DiaLine or information therein.
UNDER NO CIRCUMSTANCES WILL RUSSICA BE LIABLE TO USERS FOR ANY DAMAGES FOR ANY REASON WHATSOEVER, WHETHER CONSEQUENTIAL, DIRECT, INDIRECT OR INCIDENTAL, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, EVEN IF RUSSICA HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING
52. SourceMedia, Inc. Materials (Mergers & Acquisitions Report, Investment Dealers' Digest, Bank Loan Report, Going Public: The IPO Reporter, Private Equity Week, and Private Placement Letter)
The following materials are copyrighted by SourceMedia, Inc. ("SourceMedia"): Mergers & Acquisitions Report, Investment Dealers' Digest, Bank Loan Report, Going Public: The IPO Reporter, Private Equity Week, and Private Placement Letter. The publications are provided for use only within your organization. Information or materials electronically retrieved and/or printed from these materials may not be duplicated or redistributed in any form without the prior written permission of SourceMedia. Information included in the publications is obtained from sources considered reliable, but there is no guarantee with respect to the accuracy or completeness of the publications or of any information contained therein. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements to make the final judgment and evaluation as to the usefulness in your own environment of the publications or of any information contained therein. SOURCEMEDIA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event shall SourceMedia have any liability for lost profits or incidental or consequential damages.
53. Standard & Poor's Materials (All Standard & Poor's materials)
The Standard & Poor's materials are and shall remain valuable intellectual property exclusively owned by The McGraw Hill Companies, Inc. ("M H"). No proprietary rights are being transferred to you in such materials or in any of the information contained therein. Misappropriation or misuse of such materials may cause serious damage to M H and, in such event, money damages may not constitute sufficient compensation to M H.
NEITHER M H, STANDARD & POOR'S, A DIVISION OF M H ("S&P"), NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE MATERIALS IDENTIFIED ABOVE. ALL SUCH MATERIALS ARE PROVIDED TO SUBSCRIBER ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER M H, S&P, NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, INCLUDING LOSS OF PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF M H, S&P, OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, NEITHER M H NOR S&P NOR ANY OF THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
The foregoing terms and conditions shall survive any termination of your right of access to the materials identified above.
54. Standard & Poor's Materials (Standard & Poor's Corporate Profiles, Standard & Poor's Industry Surveys, and Standard & Poor's Monthly Industry Review materials only)
You are not authorized or permitted to furnish the Standard & Poor's Corporate Profiles, Standard & Poor's Industry Surveys, and Standard & Poor's Monthly Industry Review to any person or firm for reuse or retransmission without prior written approval of Standard & Poor's. You may, on an ad-hoc, incidental basis make Standard & Poor's Corporate Profiles, Standard & Poor's Industry Surveys, and Standard & Poor's Monthly Industry Review available in hard copy print form directly to your customers and potential customers, subject to the following: (1) Standard & Poor's Corporate Profiles, Standard & Poor's Industry Surveys, and Standard & Poor’s Monthly Industry Review may not be photocopied; (2) Standard & Poor’s Corporate Profiles, Standard & Poor’s Industry Surveys, and Standard & Poor's Monthly Industry Review shall be distributed to your customers and potential customers on a no-charge basis only; (3) only the most current version of Standard & Poor's Corporate Profiles, Standard & Poor's Industry Surveys, and (4) Standard & Poor's Monthly Industry Review then available to you through the LexisNexis services may be made available.
The foregoing terms and conditions shall survive any termination of your right of access to the materials identified above.
55. SunGard Reference Data Solutions Inc. Materials (including Tradeline® Securities Database)
All information provided by SunGard Reference Data Solutions Inc. and its licensors ("Information") is the property of the respective owners. Except for viewing by you for personal, internal use as expressly authorized by the respective owners, the Information may not be reproduced, modified, transmitted, or distributed without such owner's prior written consent. No changes or deletions may be made to any attribution, trademark, legend or proprietary rights notice associated with the Information. You acknowledge that the Information is intended for use as an aid to institutional investors, registered brokers or professionals of similar sophistication in making informed judgments concerning securities. You accept responsibility for, and acknowledge that you exercise your own independent judgment in, its selection of the Information, your selection of the use or intended use of such, and any results obtained. Nothing contained herein shall be deemed to be a waiver of any rights existing under applicable law for the protection of investors. SUNGARD REFERENCE DATA SOLUTIONS INC. AND ITS LICENSORS PROVIDE THE INFORMATION "AS IS", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED OR ARISING UNDER CUSTOM OR USAGE OR TRADE OR BY OPERATION OF LAW. SUNGARD REFERENCE DATA SOLUTIONS INC. AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR PROVIDE A WARRANTY AGAINST NONINFRINGEMENT AND NEITHER SUNGARD REFERENCE DATA SOLUTIONS INC. NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY WITH RESPECT TO ANY ACTUAL OR ALLEGED INACCURACY, UNTIMELINESS, INCOMPLETENESS, INADEQUACY, UNMERCHANTABILITY OR UNFITNESS ARISING FROM USE OF THE INFORMATION. FT Interactive Data is a third party supplier of data to SunGard Reference Data Solutions Inc.
56. Tax Analysts' Databases
"Tax Analysts' materials are made available to assist members of the bar, accountants, and members of the public, but not to provide legal advice to any person. Although Tax Analysts believes that the information in the Licensed Materials is accurate, necessarily each user must exercise professional judgment or involve a professional to provide such judgment when using these materials and take responsibility for their use. Tax Analysts does not make, and no user receives, any warranty with respect to them, AND PARTICULARLY NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND NO WARRANTY OF MERCHANTABILITY. NO EMPLOYEE OR AGENT OF TAX ANALYSTS IS AUTHORIZED TO PROVIDE, AND THE USER MAY NOT RELY ON, ANY REPRESENTATIONS OR WARRANTIES, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE LICENSED MATERIALS BEYOND THOSE CONTAINED IN THIS PARAGRAPH. Tax Analysts will defend against good faith, reasonable claims that use of the Licensed Materials infringes the copyright or other rights of any person."
57. Uniform Commercial Code Filing Records
Uniform commercial code filing records are provided for informational purposes only. Accuracy and completeness of these materials are not warranted. Verification of these materials can be obtained through the appropriate public offices.
58. VISTA Environmental Information Database
VISTA DOES NOT WARRANT THE ACCURACY, TIMELINESS, MERCHANTABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION PROVIDED. IN NO EVENT SHALL VISTA, ITS OFFICERS, EMPLOYEES OR AGENTS, OR EITHER, BE LIABLE FOR ANY LOSSES OR OTHER CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES RELATING IN WHOLE OR PART TO THE USE OF VISTA INFORMATION.
59. VNU eMedia, Inc. Materials
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