BY PURCHASING DATA YOU ARE ACKNOWLEDGING YOUR CONSENT TO ALL PROVISIONS
OF THE LICENSE AGREEMENT BELOW.
Manufacturers' News, Inc. of Evanston, Illinois, hereafter referred to as MNI, agrees
to provide this software, hereafter referred to as SOFTWARE, and copyrighted data,
hereafter referred to as DATA, and approves and licenses their use. The purchasing
organization or individual, hereafter referred to as the LICENSEE, assumes responsibility
for the selection of the DATA to produce the LICENSEE'S intended results, and for
use and results obtained from the SOFTWARE and/or DATA. This license shall become
effective upon the LICENSEE purchasing data.
This SOFTWARE contains proprietary and copyrighted information and programs.
This DATA contains proprietary and copyrighted information. The LICENSEE'S rights
are strictly and specifically governed by the terms of this Agreement.
The LICENSEE may access the SOFTWARE via any web enabled device in any location
at any one time. The LICENSEE may print and/or export the DATA for use in accordance
to the available features of the SOFTWARE.
The LICENSEE may not use, copy, modify or transfer the DATA or any copy, modification
or merged portion, in whole or in part, except as expressly provided for in this
license. The LICENSEE must exercise all reasonable precautions to prevent others
from violating the terms of this license. This SOFTWARE and/or DATA is licensed
exclusively for the LICENSEE'S internal use. NO TRANSFER OF THE DATA TO OR USE OF
THE SOFTWARE BY ANY THIRD PARTIES IS ALLOWED.
The LICENSEE may not employ the SOFTWARE or any of the DATA to sell, promote
or solicit for directory listings, business directories, or directory advertising
in any print, digital, or electronic format. Representing any of the DATA as available
to appear (or implying that it appears) in any non-MNI publication or database is
strictly prohibited. The DATA may not be used to help compile or enhance a database,
mailing list or directory to be published, posted online or otherwise revealed,
sold or transferred to any third party.
The SOFTWARE and/or DATA absolutely may not be resold, offered for sale or transferred
to others, either alone or as a component of any other product or service.
THIS INFORMATION IS PROVIDED FOR USE IN ACCORDANCE WITH ALL APPLICABLE FEDERAL,
STATE AND LOCAL LAWS ONLY. Companies and individuals provided in the DATA have not "opted
in" to receive unsolicited advertisements via fax or e-mail. The LICENSEE bears
the full responsibility for any and all complaints from recipients regarding unsolicited
communication of any form from the LICENSEE or its representatives. LICENSEE will
ensure that companies and individuals provided in the DATA who are contacted by
the LICENSEE are given the option, as per applicable local, state and federal law,
to discontinue receiving calls, correspondences, and/or electronic communications
from the LICENSEE. The LICENSEE will further ensure that upon receipt of such discontinuance
notice the LICENSEE will send no further items to such companies. The LICENSEE will
not refer to MNI by name or inference in any item sent to a recipient, nor suggest
in any way that the recipient contact MNI to remove their information from MNI's
Failure to comply with any term or condition of this Agreement will result in
the termination of the license, and the LICENSEE will be subject to all applicable
legal remedies and/or prosecution. The LICENSEE may not use the DATA or SOFTWARE,
or any part thereof after termination of this agreement. Upon termination of this
license, the LICENSEE agrees to discontinue using and destroy any DATA that may
have been printed and/or exported from SOFTWARE.
MNI warrants the SOFTWARE will run free of errors under normal use. MNI will
provide LICENSEE with user support on a limited basis while LICENSEE is a user of
the SOFTWARE. MNI warrants that SOFTWARE, when used as directed, will perform substantially
in accordance with the specifications outlined in MNI's promotional literature.
However, MNI reserves, at its sole discretion, the right to add or remove SOFTWARE
features as it deems necessary to serve customer needs and maintain SOFTWARE efficiency.
Due to the nature of the fact that DATA can be printed and/or exported from SOFTWARE,
MNI is unable to provide refunds or exchanges. All transactions are final.
MNI does not warrant that the SOFTWARE or DATA will meet the LICENSEE'S requirements,
or that the operation of the SOFTWARE will be uninterrupted or error free. MNI will
take every reasonable step to ensure the highest amount of uptime possible, but
MNI shall not be liable in the event of a limited or extended outage. The warranty
does not apply if SOFTWARE has been subject to abuse. MNI is not responsible for
problems caused by changes or updates in the operating systems, web browser, or
characteristics of the LICENSEE'S computer hardware or software that may affect
LICENSEE'S access to SOFTWARE. Further, MNI is not responsible for problems caused
by the interaction of the SOFTWARE and/or DATA with the LICENSEE'S web browser or
operating system, or any software not provided by MNI.
The SOFTWARE and/or DATA is provided "AS IS", except as excluded above. It carries
no warranty, either expressed or implied, of any kind. There is no implied warranty
of merchantability and/or appropriateness for any particular use or purpose.
MNI will not be liable in any event to the LICENSEE for any damages, lost profits,
lost savings, or any other incidental damages resulting from the use or inability
to use the SOFTWARE, or the LICENSEE'S software. Further, MNI is not liable for
any claim by any other person or persons. MNI's liability shall, in no case, exceed
the amount of the license fee paid for SOFTWARE and/or DATA.
If at any time the terms of this agreement change, those changes will be posted
to the website so all LICENSEES are aware of the changes. If you have any questions
about this agreement, which is governed by the laws of the State of Illinois, contact
MNI, 1633 Central Street, Evanston, Illinois, 60201.
BY PURCHASING DATA, THE LICENSEE ACKNOWLEDGES THAT THE LICENSEE HAS READ
AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THE
LICENSEE FURTHER AGREES AND UNDERSTANDS THAT THIS IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE LICENSE AGREEMENT.