When you purchase a product from this site, you do so under the license terms described herein.
This license agreement (the “Agreement”) contains the terms and conditions under which you are purchasing a license to the Product, as defined below. This is a legal agreement between you and Company, establishing terms and conditions under which you will submit information and payment to Company in exchange for the Product. As used in this Agreement, the term “Product” refers to the excel spreadsheets or other spreadsheets or documents containing a compilation of publisher contact information made available on the Site and licensed to you under the terms of this Agreement.
BEFORE YOU CLICK ON THE “PURCHASE” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “PURCHASE” BUTTON OR PAYING FOR THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK ‘PURCHASE” OR PAY FOR THE PRODUCT..
In exchange for your license to the Product, you agree to pay Company the licensing fee provided on the Site.
Upon payment of the licensing fee, you will be provided access to the Product and you will be emailed the Product or permitted to download the Product. You understand that even after being emailed the Product or downloading the Product, Company remains the owner and licensor of the Product. Upon payment of the licensing fee, Company grants you a worldwide, royalty-free, non-exclusive license to use the Product, provided that such use is consistent with the terms of this Agreement.
4. LICENSE LIMITATIONS
Upon obtaining access to the Product, you agree that you will not: (a) share the Product or any of its contents with any other individual or entity; (b) that you will not make the Product generally available to the public, by uploading the information to a public website or forum, or by any other means that could reasonably lead to the unauthorized dissemination of the Product or any of its contents; or (c) transfer, sell, license, sublicense, or otherwise assign the Product or any of its contents to a third party.
5. WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in this Agreement or in a written agreement between you and Company, the Product, including all its content, is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement or accuracy. Without limiting the foregoing, we make no warranty that
(i) the Product will meet your requirements; (ii) the Product will be error-free; (iii) the Product’s contents are accurate, reliable or current; and (iv) the quality of the Product will meet your expectations.
6. LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, recklessness, or intentional conduct, shall Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners, members, or suppliers be liable to you or any third party, in an individual or corporate capacity, for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, and on any theory of liability, arising out of or in connection with the use of or Product. You agree that in any event, the maximum liability of Company shall never exceed the licensing fee you paid Company for access to the Product.
7. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. Subject to the arbitration clause below, you and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of New York with respect to such matters.
Any dispute relating in any way out of this Agreement shall be submitted to confidential, binding arbitration in New York County, New York, except that, to the extent you have in any manner violated or threatened to violate Company’sintellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement constitutes the entire agreement between Company and you with respect to your license to the Product. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of this Agreement shall not constitute a waiver of that right or provision.
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