For Use of LexisNexis Online Services via the Lexis® for Lawyers in Asia 2 App/Website
Effective 1 April 2011
These General Terms & Conditions govern use of the online services (the “Online Services”) and materials available therein (“Materials”) provided by LexisNexis and its affiliated companies (collectively “LN”) via the Lexis® for Lawyers in Asia 2 App/Website. The terms “you” and “your” in uppercase, lowercase, or mixed case shall mean the entity (e.g., company, corporation, partnership, sole proprietor, etc.) or government agency entering into a Subscription Agreement with LN. The “Subscription Agreement” shall consist of these General Terms & Conditions and the standard, transactional rates, if any, applicable to you (the “Price Schedule”).
1. GRANT OF RIGHTS; RESTRICTIONS ON USE
1.1 You and your Authorised Users (defined in clause 2.1) are granted nonexclusive, non-transferable, limited rights to access and use for research purposes the Online Services and Materials made available to you. The rights granted to each Authorised User are as follows:
(a) The right to electronically display Materials retrieved from the Online Services for the Authorised User’s individual use (e.g., no Authorised User may network others via LANs, WANs, intranets, or the Internet), subject to the Supplemental Terms for Specific Materials (“Supplemental Terms”). Notwithstanding the foregoing, an Authorised User may display a minimal amount of Materials on an incidental, infrequent basis for non-commercial purposes to other Authorised Users so long as the Authorised Users are in the same physical location and the mode of display is not through the Internet, an intranet, or other types of networking communication like LANs or WANs;
(b) The right to email, fax, download, or make printouts using the commands of the Online Services and the right to create a single printout of Materials accessed or downloaded by any other means (collectively, “Authorised Printouts”);
(c) With respect to Materials that are court cases, court rules, court briefs, agency‑issued documents, agency regulations, or executive branch materials from the United States, its states, local governments, or territories (collectively, “Authorised Legal Materials”), the right to download using the commands of the Online Services and store in machine-readable form, primarily for that Authorised User’s exclusive use, a single copy of insubstantial portions of those Authorised Legal Materials included in any individually searchable file or content source in the Online Services to the extent the storage of those Authorised Legal Materials is not further limited or prohibited by the Supplemental Terms. That storage may continue so long as those Authorised Legal Materials are needed for purposes contemplated under the Subscription Agreement;
(d) With respect to all Materials other than Authorised Legal Materials, the right to download using the commands of the Online Services and store in machine-readable form for no more than 90 days, primarily for that Authorised User’s exclusive use, a single copy of insubstantial portions of those Materials included in any individually searchable file or content source in the Online Services, to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms;
(e) Notwithstanding anything to the contrary herein, the right to (1) excerpt or quote insubstantial portions of Materials in documents prepared in the ordinary course of your business to the extent permitted by applicable copyright law; (2) distribute Authorised Printouts to persons who are not Authorised Users (including by emailing through the functionality of the Online Services) on an occasional, infrequent basis as permitted by applicable copyright law; and (3) store Materials for periods in excess of the periods set forth above to the extent required for legal or regulatory compliance provided all other Materials are purged promptly upon the expiration of the Subscription Agreement; and
(f) For the avoidance of doubt, downloading and storing Materials in an archival database is prohibited. The Online Services and the Materials are protected by copyright, intellectual property laws, and other laws that prevent unauthorised access and use. Persons who are not Authorised Users are not permitted to access or use the Online Services for any purpose whatsoever. If a person nevertheless accesses and uses the Online Services or Materials without authorisation, their access and use will be governed by these General Terms & Conditions and they will be liable to LN for any breach of the General Terms & Conditions as well as for unauthorised access and payment for use at the rates in the Price Schedule.
1.2 To the extent permitted by applicable copyright law and not further limited or prohibited by the Supplemental Terms, you and your Authorised Users may make copies of Authorised Printouts and distribute Authorised Printouts and copies.
1.3 Except as specifically provided in clauses 1.1 and 1.2, you and your Authorised Users are prohibited from downloading, emailing, faxing, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Online Services. You may not exploit the goodwill of LN, including its trademarks, service marks, or logos without the express written consent of LN. Additionally, under no circumstances may you or any Authorised User offer any part of the Online Services or Materials for commercial resale or commercial redistribution in any medium or use the Online Services or the Materials to compete with the business of LN.
1.4 All right, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in the Online Services and Materials in any medium belong to LN or its third party suppliers of Materials. Neither you nor your Authorised Users acquire any proprietary interest in the Online Services, Materials, or copies thereof, except the limited rights granted herein.
1.5 Neither you nor your Authorised Users may use the Online Services or Materials in any fashion that infringes the intellectual property rights or proprietary interests of LN or any third party. Your use of the Online Services and Materials must comply with all applicable laws, rules, and regulations.
1.6 Neither you nor your Authorised Users may remove or obscure the copyright notice or other notices contained in Materials.
1.7 Neither you nor your Authorised Users may use information included in the Online Services or Materials to determine an individual consumer’s eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. The term “consumer” is defined in the United States Fair Credit Reporting Act at 15 USC § 1681.
1.8 Other provisions that govern use of Materials are set forth in the applicable Price Schedule, the Supplemental Terms, online descriptions of files, online notices following source selection, and individual documents retrieved from the Online Services (collectively, the “Additional Terms”), all of which are incorporated by reference into the Subscription Agreement.
2. ACCESS TO SERVICES
2.1 Only your employees, temporary employees, students, partners/members, and contractors dedicated to performing work exclusively for you (to the extent those categories of persons are appropriate to your situation) are eligible to access and use the Online Services and Materials (“Eligible Persons”). Without limitation, external professional service providers such as attorneys, accountants, outsourcers, and public relations firms are specifically excluded from being Eligible Persons.
(a) If your access to an Online Service will be authenticated by identification numbers and passwords assigned by LN (“LN IDs”), “Authorised User” means an Eligible Person whom you have identified to LN for purposes of issuing an LN ID. You agree that each LN ID may only be used by the Authorised User to whom LN assigns it and that the LN ID may not be shared with or used by any other person, including other Authorised Users. You will manage your roster of Authorised Users and will promptly notify LN to deactivate an Authorised User’s LN ID if the Authorised User is no longer an Eligible Person or you otherwise wish to terminate your Authorised User’s access to the Online Services. You are responsible for all use of the Online Services accessed with LN IDs issued to the Authorised Users, including associated charges, whether by Authorised Users or others. You will make reasonable commercial efforts to prevent unauthorised use of LN IDs assigned to your Authorised Users and will promptly notify LN, in writing, if you suspect that an LN ID is lost, stolen, compromised, or misused.
(b) If your access to an Online Service will be authenticated by IP address, “Authorised User” means an Eligible Person whom you have permitted to access the Online Service via the designated IP addresses. You are responsible for all use of the Online Service accessed via the designated IP addresses, including associated charges, whether by Authorised Users or others. You will make reasonable commercial efforts to prevent unauthorised access to the designated IP addresses and will promptly notify LN, in writing, if you suspect that access security for a designated IP address has been compromised or if a designated IP address is no longer assigned to you.
2.2 Use of the Online Services via mechanical, programmatic, robotic, scripted, or any other automated means is strictly prohibited. Unless otherwise agreed by you and LN in writing, use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities.
2.3 To comply with local privacy, data protection, and other laws, each LN ID is country-specific and may not be used outside the country for which it is issued except for short periods not to exceed 30 continuous days. If LN suspects use of an LN ID outside the country of issue for a period in excess of 30 continuous days, LN may suspend the LN ID or require you to use and pay for an LN ID for the relevant country. On request, LN will issue a geographically compliant LN ID.
2.4 The Online Services, Materials, and feature functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise changed by LN without notice.
2.5 Subject to clause 2.4, the Online Services may contain a feature that will allow your Authorised Users to create work folders or work spaces (“Folders”) from within research sessions that are associated solely with their respective LN IDs. The Folders are designed to allow your Authorised Users to save copies of Materials made available by LN, as well as links to materials made available on the Internet or other documents that you or your Authorised Users own or otherwise have the right to upload to Folders. Folders may include functionality that will allow your Authorised Users to aggregate and display materials made available on the Internet by LN and third parties through RSS feeds or other technology. Applicable charges for the Folders are listed in the Price Schedule. LN represents and warrants that: (a) the Folders will be under the exclusive control of your Authorised Users; and (b) LN will not access or otherwise review the content of Folders without your authorisation. Notwithstanding the foregoing, LN may access or disclose the content of Folders to the extent necessary to facilitate features and functions of the Online Services and to comply with contractual and legal obligations including, but not limited to, an administrative or judicial proceeding. Authorised Users are solely responsible for the content of their respective Folders. You represent and warrant that the Authorised Users have the right and authority to upload any and all content to the Folders that is not provided by LN. Authorised Users are prohibited from uploading content to the Folders that is defamatory, libellous, pornographic, or obscene, unless such content is reasonably related to their professional responsibilities. In addition, Authorised Users are strictly prohibited from uploading content to the Folders that is unlawful or that is considered protected health information under the United States Health Insurance Portability and Accountability Act of 1996 (HIPAA) or Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You agree to indemnify, defend, and hold LN harmless for any and all claims, damages, costs, fines, and expenses that LN may incur as a result of your or your Authorised Users’ use of the Folders or any content uploaded to the Folders, excluding LN Materials. Authorised Users are solely responsible for securing or saving the content of their respective Folders before the expiration or termination of the Subscription Agreement, if desired. LN has no obligation to provide the content of Folders to you or your Authorised Users after the termination of the Subscription Agreement. All LN Materials contained in Folders remain subject to the storage limitations and other license terms and restrictions set forth in the Subscription Agreement.
3. LIMITED WARRANTY
3.1 LN represents and warrants that it has the right and authority to make the Online Services and Materials available to you and your Authorised Users as authorised expressly by the Subscription Agreement.
3.2 EXCEPT AS OTHERWISE PROVIDED IN CLAUSE 3.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND LN AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY
4.1 To the fullest extent permissible under applicable law and subject to clause 3.1, a Covered Party (as defined in clause 4.2) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way, whether by negligence or otherwise and including, without limitation, from (a) any errors in or omissions from the Online Services or any Materials available or not included therein; (b) the unavailability or interruption of the Online Services or any features thereof or any Materials; (c) your or an Authorised User’s use of the Online Services or Materials; (d) the loss or corruption of any data or equipment in connection with the Online Services; (e) the content, accuracy, or completeness of Materials, all regardless of whether you received assistance in the use of the Online Services from a Covered Party; (f) any delay or failure in performance beyond the reasonable control of a Covered Party; or (g) any content retrieved from the Internet even if retrieved or linked to from within the Online Services.
4.2 “Covered Party” means (a) LN and any officer, director, employee, subcontractor, agent, successor, or assign of LN; and (b) each third party supplier of Materials, third party alliance entities, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or third party alliance entity or any of their affiliates.
4.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS OR THE SUBSCRIPTION AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF YOU OR ANY COVERED PARTY (AS THE CASE MAY BE) TO PERFORM ITS RESPECTIVE OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR AUTHORISED USERS’) INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO LN OR ITS THIRD PARTY SUPPLIERS.
4.5 Notwithstanding anything to the contrary in this clause 4:
(a) If there is a breach of the warranty in clause 3.1, then LN, at its option and expense, shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party’s claim of patent, trademark, service mark, copyright or trade secret infringement related to use of the Online Services or Materials, asserted against you by such third party, provided: (i) all use of the Online Services and Materials was in accordance with the Subscription Agreement; (ii) the claim, cause of action, or infringement was not caused by you modifying or combining the Online Services or Materials with or into other products or applications not approved by LN; (iii) you give LN prompt notice of any such claim; and (iv) you give LN the right to control and direct the investigation, defence, and settlement of each such claim. You, at LN’s expense, shall reasonably cooperate with LN in connection with the foregoing;
(b) In addition to clause 4.5(a), if the Online Services or the operation thereof become, or in the opinion of LN are likely to become, the subject of a claim of infringement, LN may, at its option and expense, either: (i) procure for you the right to continue using the Online Services; (ii) replace or modify the Online Services so that they become non-infringing; or (iii) terminate the Subscription Agreement on notice to you and grant you a pro-rata refund or credit (whichever is applicable) for any pre-paid fees or fixed charges.
(c) The provisions of clauses 4.5(a) and 4.5(b) shall constitute your sole and exclusive remedy for the respective matters specified therein.
5.1 These General Terms & Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your Price Schedule; all other provisions may be changed by LN on 15 days written notice to you. Any changes made to these General Terms & Conditions or the Additional Terms will: (a) only be applied prospectively; and (b) not be specifically directed against you or your Authorised Users but will apply to all similarly situated LN customers using the Online Services. You may terminate the Subscription Agreement on written notice to LN if any change to these General Terms & Conditions is unacceptable to you. For termination to be effective under this clause 5.1, written notice of termination must be provided to LN within 90 days of the effective date of the change. Continued use of the Online Services following the effective date of any change constitutes acceptance of the change but does not affect the foregoing termination right. Except as provided above, the Subscription Agreement may not be supplemented, modified, or otherwise revised unless signed by duly authorised representatives of both parties. Furthermore, the Subscription Agreement may not be supplemented, modified, or otherwise revised by email exchange even if the email contains a printed name or signature line bearing signature-like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorised representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated, nor does it prohibit LN’s acceptance of the Subscription Agreement or an amendment to the Subscription Agreement by performance or other method, if the method of LN’s acceptance is stated in a document prepared by LN.
5.2 LN may temporarily suspend or discontinue providing access to the Online Services to any or all Authorised Users in breach of the Subscription Agreement without notice and LN may pursue any other legal remedies available to it.
5.3 All notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by LN. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Legal notices to LN should be sent to LexisNexis, Attn: Legal Director, 3 Killiney Road #08-08, Winsland House I, Singapore 239519.
5.4 The failure of you, LN, or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
5.5 Neither you nor any Authorised User may assign your rights or delegate your duties under the Subscription Agreement without the prior written consent of LN, which consent shall not be unreasonably withheld. The Subscription Agreement and any amendment thereto shall be binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns.
5.6 LN’s ability to provide Materials is regulated by a variety of privacy, data protection, and other laws in a variety of jurisdictions (“Data Laws”) and by the licenses under which it obtains Materials (“Licences”). You acknowledge that LN will perform a due diligence review of your account upon registration and that the due diligence review will be heightened if you desire to access sensitive, non-public Materials about individuals. You also acknowledge that LN will perform periodic reviews of your and your Authorised Users’ use of Materials subject to Data Laws or Licences (“Regulated Data”) in order to comply with Data Laws and Licences, and that the review may include asking you or your Authorised Users to verify that use of Regulated Data was for a permissible purpose. You and your Authorised Users will cooperate with LN in any such due diligence or regulatory review and will promptly produce all relevant records and documentation reasonably requested by LN. All reviews will be at LN’s expense. If there is any failure to cooperate with LN, or if any review reveals the lack of a permissible purpose to access Regulated Data, LN may deny access to the Online Services or to Regulated Data. LN will be under no obligation to reduce the fees payable by you to the extent that it is unable to provide Regulated Data to you based solely on your non-cooperation.
5.7 If you, any of your Authorised Users, or any person you or your Authorised Users permits to use the Online Services or who gains access through an Authorised User’s failure to properly secure his or her LN ID or computer (a “User”) should access or use Regulated Data in an unauthorised manner (a “Security Event”), then the following provisions will apply: (a) if required by applicable law, you will notify the individuals whose information has potentially been accessed or used that a Security Event has occurred; (b) you will notify any other parties (including but not limited to regulatory entities and credit reporting agencies) as may be required by law; (c) the notification will not reference LN or the product through which the Regulated Data was provided, nor will LN be otherwise identified or referenced in connection with the Security Event, without the express written consent of LN; (d) you will be solely liable for all claims that may arise from a Security Event caused by you, your Authorised Users, or a User, and you will indemnify LN for any third party claims directed against LN that arise from the Security Event; and (e) all notifications and indemnity claims related to the Security Event will be solely at your expense.
5.8 Personal data with respect to individual users of the Online Services will be exported to the United States and other countries for purposes of providing access to, use of, and support for the services.
5.9 The Subscription Agreement shall be governed by and construed in accordance with the laws of Singapore regardless of the law that might otherwise apply under applicable principles of conflicts of law. The parties agree to submit to the jurisdiction of the Singapore courts in connection with any dispute arising out of or in connection with the Subscription Agreement.
5.10 The Subscription Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of the Subscription Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent; and (b) such invalidity or unenforceability will not affect any other provision of the Subscription Agreement.
5.11 Where applicable, each affiliated company of LN and each third party supplier of Materials has the right to assert and enforce the provisions of the Subscription Agreement directly on its own behalf as a third party beneficiary. Except as stated in the previous sentence, any person who is not a party to the Subscription Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B), to enforce any provision of the Subscription Agreement.
5.12 The Subscription Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals, or quotations on that subject matter.
The General Terms & Conditions for the following countries can be found on the hyperlinks set out below :
December 9, 2011
SUPPLEMENTAL TERMS FOR SPECIFIC MATERIALS
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
(a)The products are licensed to you for your internal use only. The products shall not be reproduced, revealed or made available in whole or in part to anyone else unless required by law. You acknowledge that the products are subject to the copyright and other proprietary rights of DBL and JA and you will not commit or permit any act or omission that would impair such rights.
(b)DBL NOR JA GUARANTEES OR WARRANTS THE PRODUCTS OR THE SYSTEM IN ANY WAY. NEITHER DBL NOR JA SHALL BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY DBL's OR JA's NEGLIGENT ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE PRODUCTS OR IN DOING ANYTHING RELATED THERETO. NEITHER DBL NOR JA WILL BE LIABLE FOR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c)IF, NOTWITHSTANDING THE ABOVE, EITHER OR BOTH DBL OR JA IS HELD TO BE LIABLE, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED $10,000 (USD).
7. Axel Springer AG Materials
(a)The materials are made available for your internal use only. The materials shall not be reproduced, revealed or made available in whole or in part to anyone else, unless required by law. You acknowledge that the materials are subject to the copyright and other proprietary rights of Axel Springer AG and you will not commit or permit any act or omission that would impair such rights.
(b)AXEL SPRINGER AG DOES NOT GUARANTEE OR WARRANT THE MATERIALS OR THE LEXISNEXIS SYSTEM IN ANY WAY. AXEL SPRINGER AG SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY AXEL SPRINGER AG'S NEGLIGENT ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE MATERIALS OR IN DOING ANYTHING RELATED THERETO. AXEL SPRINGER AG WILL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c)IF, NOTWITHSTANDING THE ABOVE, AXEL SPRINGER AG IS HELD TO BE LIABLE, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED $10,000 (USD).
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)
(a)The materials are made available for your internal use only. The materials shall not be reproduced, revealed or made available in whole or in part to anyone else, unless required by law. You acknowledge that the materials are subject to the copyright and other proprietary rights of Ullstein GmbH and you will not commit or permit any act or omission that would impair such rights.
(b)ULLSTEIN GMBH DOES NOT GUARANTEE OR WARRANT THE MATERIALS OR THE LEXISNEXIS SYSTEM IN ANY WAY. ULLSTEIN GMBH SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ULLSTEIN GMBH'S NEGLIGENT ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE MATERIALS OR IN DOING ANYTHING RELATED THERETO. ULLSTEIN GMBH WILL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c)IF, NOTWITHSTANDING THE ABOVE, ULLSTEIN GMBH IS HELD TO BE LIABLE, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED $10,000 (USD).
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
The decisions and reasons for decision of the Federal Court and of the Federal Court of Appeal as published in the Federal Courts Reports by the Office of the Commissioner for Federal Judicial Affairs fall within the terms of the Reproduction of Federal Law Order, and may be reproduced, in whole or in part and by any means, without further permission. The captions, headnotes, lists of statutes and regulations, and cases judicially considered and authors cited do not fall within the terms of the Reproduction of Federal Law Order. They may be reproduced for personal use only, without further permission. They may not be reproduced for commercial purposes without permission from the Minister of Public Works and Government Services Canada, on behalf of the Office of the Commissioner for Federal Judicial Affairs. Any reproduction or any other use of the decisions, reasons for decision, captions, headnotes, lists of statutes and regulations, or cases judicially considered and authors cited must be properly attributed to the Office of the Commissioner for Federal Judicial Affairs. No such attribution shall indicate that the Office of the Commissioner for Federal Judicial Affairs is in any way responsible for the accuracy or reliability of the reproduction or other use; nor shall any such attribution indicate that the reproduction or other use was made with the endorsement of or in affiliation with the Office of the Commissioner for Federal Judicial Affairs. The Office of the Commissioner for Federal Judicial Affairs assumes no responsibility for the accuracy or the reliability of any reproduction of the materials appearing herein.
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15. CELEX Database
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16. Company Intelligence Database and Gale Company Briefs Database
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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")
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19. Deloitte & Touche LLP
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20. Dun & Bradstreet, Inc.
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22. Economist Intelligence Unit - Country Reports
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24. Electronic Directory Assistance Materials
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27. Experian Information Solutions, Inc. Databases
Vehicle Registration Data:
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28. First American CoreLogic, Inc. ("FACL") Property Data
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29. Frankfort Publishing Co. (The State Journal)
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32. Het Financieele Dagblad B.V. Materials
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33. IDD Information Services Database
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34. Index to Legal Periodicals
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36. Le Figaro
37. London Stock Exchange Plc (Dow Jones UK Disclosure Wire)
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38. MacMillan Publishers Ltd. Materials
39. McGill Law Journal
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45. Newsweek Magazine
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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 & Poors Monthly Industry Review may not be photocopied; (2) Standard & Poors Corporate Profiles, Standard & Poors 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
You may use the materials provided by VNU eMedia, Inc. ("VNU") only for internal, non-commercial purposes, and you may not publish, broadcast, sell or otherwise distribute those materials for any commercial or promotional purpose. You must obtain the written consent of VNU to reproduce, for commercial or promotional purposes, the materials provided by VNU by photocopying, electronic transmission or otherwise.
60. Voxant, Inc. Materials
(a)Fair Disclosure Wire Materials (Event Transcripts and Event Briefs) only:(b)
Voxant, Inc. and/or CCBN, Inc. reserve the right to make changes to documents, content, or other information in these materials without obligation to notify any person of such changes.
In the conference calls upon which Event Transcripts and Event Briefs are based, companies may make projections or other forward-looking statements regarding a variety of items. Such forward-looking statements are based upon current expectations and involve risks and uncertainties. Actual results may differ materially from those stated in any forward-looking statement based on a number of important factors and risks, which are more specifically identified in the companies most recent SEC filings. Although the companies may indicate and believe that the assumptions underlying the forward-looking statements are reasonable, any of the assumptions could prove inaccurate or incorrect and, therefore, there can be no assurance that the results contemplated in the forward-looking statements will be realized.
THE INFORMATION CONTAINED IN EVENT TRANSCRIPTS IS A TEXTUAL REPRESENTATION OF THE APPLICABLE COMPANYS CONFERENCE CALL AND WHILE EFFORTS ARE MADE TO PROVIDE AN ACCURATE TRANSCRIPTION, THERE MAY BE MATERIAL ERRORS, OMISSIONS, OR INACCURACIES IN THE REPORTING OF THE SUBSTANCE OF THE CONFERENCE CALLS. IN NO WAY DO VOXANT, INC. OR CCBN, INC. ASSUME ANY RESPONSIBILITY FOR ANY INVESTMENT OR OTHER DECISIONS MADE BASED UPON THE INFORMATION PROVIDED IN ANY EVENT TRANSCRIPT. USERS ARE ADVISED TO REVIEW THE APPLICABLE COMPANY CONFERENCE CALL ITSELF AND THE APPLICABLE COMPANY'S SEC FILINGS BEFORE MAKING ANY INVESTMENT OR OTHER DECISIONS.
THE INFORMATION CONTAINED IN EVENT BRIEFS REFLECTS CCBN, INC.'S SUBJECTIVE CONDENSED PARAPHRASE OF THE APPLICABLE COMPANYS CONFERENCE CALL AND THERE MAY BE MATERIAL ERRORS, OMISSIONS, OR INACCURACIES IN THE REPORTING OF THE SUBSTANCE OF THE CONFERENCE CALLS. IN NO WAY DO VOXANT, INC. OR CCBN, INC. ASSUME ANY REPONSIBILITY FOR ANY INVESTMENT OR OTHER DECISIONS MADE BASED UPON THE INFORMATION PROVIDED IN ANY EVENT BRIEF. USERS ARE ADVISED TO REVIEW THE APPLICABLE COMPANY'S SEC FILINGS BEFORE MAKING ANY INVESTMENT OR OTHER DECISIONS.Charlie Rose materials only:(c)
THE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS. NEITHER VOXANT, INC. NOR CHARLIE ROSE INC. MAKES ANY WARRANTY OF ANY KIND CONCERNING THE ACCURACY OF THE MATERIALS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE.All Materials:
These materials are not legal transcripts for purposes of litigation.
61. Washington Post
62. West Publishing Company Materials
You may use materials provided by West Publishing Company for research purposes only, and may not publish, broadcast, sell or otherwise redistribute these materials for commercial purposes.
63. Ziff Davis Media Inc. Materials
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Our web sites and applications (henceforth known collectively as 'platform' or 'platforms') contain links to other Web sites operated by third parties. LexisNexis Group ("LNG") is not responsible for the privacy practices or policies of such third party web sites and this Notice does not apply to those Web sites.Application of This Notice
This Notice applies only to the information collected by LNG from the users of our platform. It does not apply to information collected by LNG in any other way, including offline.
Our platform is not set up to automatically collect personally identifiable information from each visitor to our platform. It does recognize the home server of visitors, but not email addresses. For example, we can tell which Internet Service Provider our visitors use, but not the names, addresses or other information about our visitors that would allow us to identify the particular visitors to our platform. This information is used only for internal purposes by our technical support staff.
Our platform does track certain information about the visits to our platform. For example, we compile statistics that show the numbers and frequency of visitors to our platform and its individual pages. These aggregated statistics are used internally to improve our platform and for product development and marketing purposes generally. Those aggregated statistics may also be provided to advertisers and other third parties, but again, the statistics contain no personal information and cannot be used to gather such information.
In a few areas on our platform, we ask you to provide information that will enable us to verify whether you are entitled to access and use certain information, materials and services available from our platform, or to enable us to enhance your site visit, to assist you with customer service or technical support issues, or to follow up with you after your visit, or to otherwise support your customer relationship with LNG. It is completely optional for you to participate. However, failure to participate may mean that you cannot access and use certain information, materials and services.
For example, we request information from you when you:
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How We Use Information: LNG Only Uses Your Personal Information for Specific Purposes
The personal information you provide to us when using our platform, such as your name, postal or email address or telephone number will be kept confidential and used to support your customer relationship with LNG, and to notify you of special offers, updated information and new products and services from LNG, offers from third parties that we think may be of interest to you, or used by LNG or third parties for the purpose of conducting market research or surveys on behalf of LNG. Agents or contractors of LNG who are given access to your personal information will be required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for LNG.
LNG may enhance or merge your information collected at its platform with data from third parties for purposes of marketing products or services to you.
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Circumstances may arise where we are required to disclose your personal information to third parties for purposes other than to support your customer relationship with LNG, such as in connection with a corporate divestiture or dissolution where we sell all or a portion of our business or assets (including our associated customer lists containing your personal information), or if disclosure is required by law or is pertinent to judicial or governmental investigations or proceedings.You Can Opt Out of Receiving Further Marketing from LNG at Any Time
We will send you information about our various products and services, or other products and services we feel may be of interest to you. Only LNG (or agents or contractors working on behalf of LNG and under confidentiality agreements) will send you these direct mailings. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily opt out of receiving further marketing from LNG by emailing us at legalnotices@LexisNexis.com.Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.How You Can Access or Correct Your Information
You can request a copy of the personally-identifiable information that LNG has collected about you via the Internet by contacting our Information Privacy Manager at the address below. You can also have factual inaccuracies in this information corrected by contacting this same person.How to Contact Us
If you would like to contact us for any reason regarding our privacy practices, please write us at the following address:
LexisNexis Privacy Information/ Legal Manager, 3 Killiney Road #08-08 Winsland House 1 Singapore 239519
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You (the individual or entity accepting this Agreement) (“You”) agree to access and use the Licensed Application for the product known as Lexis® for Lawyers in Asia2 (“Product”) on the terms of this Agreement between you and LexisNexis, a division of Reed Elsevier (Singapore) 2008 Pte Ltd (“Application Provider”). The mobile digital device application for access to and use of the Product is referred to in this license as the “Licensed Application.” Access to or use of the Licensed Application signifies your acceptance of the following terms and conditions. If You are accepting these terms on behalf of a business entity, You hereby represent that You have the authority to do so. If You do not agree to these terms and conditions, do not access or use the Licensed Application.
Access to and use of the Product transacted through the Services, as defined below, is licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate subscription agreement, in which case the terms of that separate subscription agreement will govern, subject to Your prior acceptance of that separate subscription agreement. The Application Provider reserves all rights not expressly granted to You.
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b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You, subject to the following sentence. You understand and accept that Application Provider will transfer personal data to any subcontractor appointed for the provision of any aspect of this Agreement for the purpose of billing, access, management of the system, monitoring usage and related purposes. Such data transfer shall be in accordance with all relevant data protection legislation.
c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party products, services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and You accept additional terms of service including additional charges for data access or downloads as may be required by Application Provider, Your carrier, the OSP or other third party providers. You acknowledge and agree that You are solely responsible for all fees and charges applicable to all emailing, messaging, roaming connections and telephonic transactions made or received by You using the Services accessed via the Licensed Application.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. The Application Provider is not liable to You for the accuracy or completeness of any content available through the Services.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from any mobile digital device including but not limited to the iPhone or iPod touch or iPad or equivalent devices are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials (as defined below) are appropriate or available for use in any particular language or location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any and all applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services or Materials at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services or Materials.. The Application Provider may also impose limits on the use of or access to certain Services and Materials, in any case and without notice or liability. Application Provider is not liable for providing Services or Materials consistent with the professional conduct standards in your jurisdiction. You agree that if you are an attorney, you are solely responsible for compliance with applicable rules of professional responsibility and ethical obligations to your clients and potential clients arising from your use of the Product, or Services or Materials in connection with their respective matters.
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f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty Singapore dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorised by Laws of Singapore and the laws of the jurisdiction in which the Licensed Application was obtained. You also agree that you will not use these Products for any purposes prohibited by the laws of Singapore.
h. The laws of Singapore, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. You agree to submit to the jurisdiction of the Singapore courts in connection with any dispute arising out of or in connection with the Agreement. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
i. Save for the following sentence, any person who is not a party to the Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B), to enforce any provision of this Agreement. Each supplier of any Third Party Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
Your use of the Product and Services accessed via the Licensed Application is also subject to the terms and conditions found at the following URL's:
Demonstration of Product by non-subscription holders - You may only register for the free demonstration of this Product by registering online with your full details. The demonstration shall be limited to no more than 10 searches using the Product and will be limited to viewing the search results list only. You may not register to use this Product more than once.
Depending on the nature of the Licensed Application, you may be required to have a current subscription to one or more of the Application Provider’s other products/services and a valid ID and password to utilise the Licensed Application. Your use of the materials made available in the Product in any form or format displayed in the Licensed Application (collectively referenced as “Materials”) available from LexisNexis, a division of Reed Elsevier (Singapore) 2008 Pte Ltd, is also subject to the following terms and conditions:
The Materials are for your personal, non-commercial use only. All access to and use of the Materials is subject to Singaporean and international copyright law. All intellectual property rights are reserved to the copyright holder. Redistribution or duplication of the Materials to any other electronic media or a third party is strictly prohibited. Under no circumstances may you redistribute the Materials commercially or post any of the Materials on an intranet, internet or SharePoint site.
BY DOWNLOADING, INSTALLING AND/OR USING THE LICENSED APPLICATION YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.