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License Agreement

BY VISITING THIS SITE YOU ARE ACKNOWLEDGING YOUR CONSENT TO ALL PROVISIONS OF THE LICENSE AGREEMENT BELOW.

Manufacturers' News, Inc. of Evanston, IL, 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 visiting this site.

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 database.

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 Manufacturers' News, Inc., 1633 Central Street, Evanston, Illinois, 60201.

BY VISITING THIS SITE, 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.

 
     

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