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December 9, 2011
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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
Important: Your ordering and use of Axel Springer ( " DBL" ) and Jüdische Presse gGmbH "JA" products is subject to the following Terms of Use:
(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
Your use of Axel Springer AG Materials is subject to the following terms of use:
(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)
Your use of Ullstein GmbH's Berliner Morgenpost is subject to the following terms of use:
(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.
Les décisions et les motifs de décision de la Cour fédérale et de la Cour d’appel fédérale tels que publiés dans le Recueil des décisions des Cours fédérales par le Bureau du Commissaire à la magistrature fédérale sont visés par le Décret sur la reproduction de la législation fédérale et peuvent être reproduits en totalité ou en partie par quelque moyen que ce soit sans autre autorisation. Les rubriques, les sommaires, les listes des lois et règlements cités, ainsi que les listes de la jurisprudence citée et la doctrine citée ne sont pas visés par le Décret sur la reproduction de la législation fédérale. Ils peuvent être reproduits à des fins personnelles seulement, sans autre autorisation mais ne peuvent pas l'être à des fins commerciales sans l'autorisation du Ministre des Travaux publics et Services gouvernementaux Canada, au nom du Bureau du Commissaire à la magistrature fédérale. Toute reproduction ou tout usage des décisions, des motifs de décision, des rubriques, des sommaires, des listes des lois et règlements cités, des listes de la jurisprudence citée et de la doctrine citée doit mentionner le Bureau du Commissaire à la magistrature fédérale comme source. Aucune mention ne doit indiquer que le Bureau du Commissaire à la magistrature fédérale répond de quelque manière que ce soit de l'exactitude ou de la fiabilité de cette reproduction ou de cet usage. De plus, aucune mention ne doit indiquer que cette reproduction ou cet usage a été sanctionné par le Bureau du Commissaire à la magistrature fédérale ou réalisée en collaboration avec celui-ci. Le Bureau du Commissaire à la magistrature fédérale décline toute responsabilité quant à l'exactitude ou la fiabilité de toute reproduction ou de tout usage des renseignements contenus en l'espèce.
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.
Important: Your ordering and use of Dun & Bradstreet, Inc. ("D&B") products is subject to the following d&B Terms of Use
(a)The products are licensed to you for your internal use only. They may be used by you solely as one factor in your credit, insurance, marketing or other business decisions. You are expressly prohibited from using the products as a factor in establishing an individual's eligibility for (i) credit or insurance to be used primarily for personal, family or household purposes, or (ii) employment. You agree not to use the d&B Data to engage in unfair or deceptive practices.
(b)The products shall not be reproduced, revealed, or made available in whole or in part to anyone (including voluntarily in legal proceedings) else unless required by law. You may retain d&B materials accessed through LexisNexis for up to 12 months, after which you shall immediately delete, destroy or return all originals and copies of such d&B materials, except such materials as you may be required, by applicable law or government regulation for backup purposes - - materials retained for such backup purposes shall not be used for any other purpose and shall be destroyed promptly after the retention period required by such law or regulation expires.
(c)d&B and its third party information providers make no representations or warranties of any kind with respect to the products, including but not limited to, the accuracy, completeness, timeliness, merchantability or fitness for a particular purpose of the products or of the media on which the product is provided and you agree that d&B and its third party information providers 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 in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the products.
(d)You agree that d&B and its third party information providers will not be liable for consequential, incidental, special, punitive or other indirect damages, even if advised of the possibility of such damages. You also agree that d&B's and its third party information providers' aggregate liability, if any, for any and all losses or injuries to you arising out of any acts or omissions of d&B and its third party information providers in connection with a particular order or service, regardless of the cause of the loss or injury (including negligence) and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount paid by you for the products or $5000, whichever is greater, and you covenant and promise not to sue d&B and its third party information providers for an amount greater than such sum.
(e)d&B does not guarantee that certain marketing information collected on individual business contacts meets the requirements of any applicable local, state, federal or international law, rule or regulation related to its usage including, but not limited to, wireless suppression lists, wireless domain lists, commercial e-mail laws, telemarketing laws and “Do-Not-Call” lists. Certain marketing information collected on individual business contacts has not been obtained directly from the data subjects and the data subjects have not opted in or otherwise expressly consented to having their information sold for marketing purposes.
(f)You acknowledge and agree that the products are proprietary to d&B and comprise: (a) works of original authorship, including compiled information containing d&B's selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (b) confidential and trade secret information; and (c) information that has been created, developed and maintained by d&B at great expense of time and money, such that misappropriation or unauthorized use by others for commercial gain would unfairly or irreparably harm d&B. You agree that you will not commit or permit any act or omission by your agents, employees, or any third party that would impair d&B's copyright or other proprietary and intellectual rights in the products. You will not use any d&B trade names, trademarks, service marks or copyrighted materials in listings or advertising in any manner without the prior written approval of d&B.
21. Dun & Bradstreet Limited (formerly ICC Databases)
1.You may use the Dun & Bradstreet Limited supplied data, information and services for research purposes only, and may not publish, reproduce, reprint, broadcast or otherwise make available or sell any material contained in said data, information or services whether in hardcopy, electronically transmitted or any other form, and whether for commercial, educational or other purpose, other than your own internal purposes.
2.Dun & Bradstreet Limited uses extensive procedures to ensure that its data, information and services contain a fair representation or interpretation of the original material from which the data, information and services were drawn, but Dun & Bradstreet Limited shall not for any reason whatsoever be held responsible for any damage, loss, cost, claim or expense incurred by you as a result of your use or reliance upon, or interpretation of, any material contained in the data, information or services.
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.
25. MBASE
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:
You are prohibited from using vehicle registration data from Experian for any of the following purposes:
1.Recall/Advisory Activities: Using the materials to identify owners' names and addresses of specific vehicles (typically all owners linked to a range of VIN numbers) for the purpose of notifying them of a product recall or safety advisory issued by an auto manufacturer, supplier or agent.
2.Warranty Activities: Using the materials to identify specific records (e.g. odometer readings, transfer of ownership) associated with a VIN number to identify whether or not a vehicle is still under warranty and providing this determination to, or in connection with motor vehicle manufacturers, independent warranty or service contract providers.
3.Customer Surveys: Using the materials to identify owners of a specific make, model and/or category of vehicle(s) for the purpose of conducting primary consumer research (e.g. telephone interviews, mail surveys) to determine consumer automobile preferences and/or vehicle purchasing trends.
4.Vehicle Statistics: Using the materials to compile periodic new and/or used vehicle statistics (e.g. recent sales, vehicles in operation) by geography, vehicle classification, dealer, lender, and/or make/model for the purpose of automobile market share reporting for manufacturers and dealers, indirect lending market share reporting for automotive lenders, retail site planning, promoting automotive brands or dealerships to consumers, and/or dispute resolution between retailers and manufacturers
5.Share of Garage Analysis: Using the materials to determine the current vehicles owned by an individual, household or group for the purposes of market research or direct marketing, or determining vehicle purchasing patterns over time (e.g. frequency of purchases, loyalty to specific brands).
6.Vehicle Ownership Profiles/Modeling: Using the materials to build direct marketing models for the purpose of promoting vehicles and auto financing products to consumers.
7.Vehicle History Reports: Augmenting the materials with accident data, odometer readings, emission readings or state issued vehicle brand data for of purpose of developing a 'Vehicle History Report' competing against AutoCheck and CARFAX by providing vehicle valuations to potential buyers, sellers, dealers, Original Equipment Manufacturers, auction houses or financers of automobiles, but expressly excluding any VIN reports to insurers for underwriting purposes. This in no way limits your ability to use the materials to verify the vehicle(s) owned by a consumer or business or to assess the value of vehicles during the process of underwriting, policy auditing, adjusting, examining or settling of a property claim.
8.Fleet Marketing: Using the materials for the purpose of direct marketing to identify and target businesses who own vehicle fleets.
All Experian Materials:
Furthermore, the materials from Experian:
(a)are not guaranteed and neither LexisNexis, Experian nor their sources will be liable to you for any loss or damage based on any errors or omissions therefrom;
(b)are subject to the following exclusion of warranty. LEXISNEXIS, EXPERIAN AND THEIR SOURCES DO NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, DATA OR THE MEDIA ON WHICH THE DATA IS PROVIDED AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF ORCAUSED IN WHOLE OR IN PART BY THE ACTS OR OMISSIONS OF LEXISNEXIS, EXPERIAN OR THEIR SOURCES, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE DATA OR SERVICES. IN NO EVENT SHALL LEXISNEXIS, EXPERIAN OR THEIR SOURCES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF LEXISNEXIS, EXPERIAN OR THEIR SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH STATES LEXISNEXIS', EXPERIAN'S AND THEIR SOURCES' ENTIRE LIABILITY AND YOUR SOLE REMEDY IN CONNECTION WITH THE PROVISION OF THE DATA AND SERVICES.
(c)IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON LEXISNEXIS, EXPERIAN OR THEIR SOURCES, THEN YOU AGREE THAT THE AGGREGATE LIABILITY FOR ANY OR ALL LOSSES OR INJURIES TO CUSTOMER ARISING OUT OF ANY ACTS OR OMISSIONS OF LEXISNEXIS, EXPERIAN OR THEIR SOURCES IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THE AGREEMENT, REGARDLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE AMOUNT PAID TO LEXISNEXIS FOR THE DATA FURNISHED AND YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE LEXISNEXIS, EXPERIAN OR THEIR SOURCES FOR AN AMOUNT GREATER THAT SUCH SUM AND THAT YOU WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST LEXISNEXIS, EXPERIAN OR THEIR SOURCES.
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
Sonntagszeitung; Rhein-Main-Zeitung)
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.
You may not publish, broadcast, sell or otherwise redistribute these materials for commercial purposes.
36. Le Figaro
You may not publish, broadcast, sell or otherwise redistribute these materials for commercial purposes.
37. London Stock Exchange Plc (Dow Jones UK Disclosure Wire)
Limitation of Liability
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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)
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54. Standard & Poor's Materials (Standard & Poor's Corporate Profiles, Standard & Poor's Industry Surveys, and Standard & Poor's Monthly Industry Review materials only)
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57. Uniform Commercial Code Filing Records
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58. VISTA Environmental Information Database
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59. VNU eMedia, Inc. Materials
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60. Voxant, Inc. Materials
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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 COMPANY’S 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.
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All Materials:These materials are not legal transcripts for purposes of litigation.
61. Washington Post
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62. West Publishing Company Materials
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63. Ziff Davis Media Inc. Materials
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