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Grant of License
Upon payment for the subscription, the Company grants you a nonexclusive, nontransferable license (the “License”) to access, view, download, and print a copy of the Library Insider database (the “Database”) or that portion of the Database to which you have subscribed.
You acknowledge and agree that you will not allow others to access, view, download, print, or copy all or any portion of the Database, and you will not distribute all or any portion of the Database to others. This prohibition includes without limitation a prohibition on an author’s sharing the Database with a publisher or other authors, as well as a prohibition on a publisher’s sharing the Database with an author or other publishers.
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You may not disclose your password to others, except that employees using the Database under their employer’s license may disclose their password to their employer and IT system administrator.
You will not use the information contained in the Database for any illegal or unethical purpose or to harass, stalk, intimidate, or send spam to any person or entity whose contact information is set forth therein.
The license payment is due in advance of each license term. There is no right to a refund. If you are having trouble using the database, please feel free to contact us for database search tips. In the event your account is overcharged due to an entry error, we will refund your account within 24 hours of being notified of the discrepancy. In the event our system is out of service for more than 24 hours, you may contact us to extend the term of your license by the number of days that the outage lasted.
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DISCLAIMER OF WARRANTY
INFORMATION CONTAINED IN THE DATABASE IS SCHEDULED TO BE UPDATED QUARTERLY, BUT THE COMPANY IS NOT RESPONSIBLE FOR DELAYS IN UPDATES OR ERRORS IN THE DATABASE. IF ERRORS ARE DISCOVERED, KINDLY BRING THEM TO THE ATTENTION OF THE COMPANY.
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LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL HAVE NO LIABILITY TO YOU, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE DATABASE, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY OUR ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND OUR CONTROL. IN ANY EVENT, THE LIABILITY OF THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY TO LICENSE THE DATABASE.
EXCLUSION OF DAMAGES
IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN ANY MANNER RELATED TO THE DATABASE OR OTHER GOODS AND SERVICES PROVIDED TO YOU BY THE COMPANY.
This Agreement will commence on the Effective Date and remain in effect unless and until terminated in accordance with this Termination paragraph. In the event of your failure to pay the subscription fee or your breach of this Agreement, the Company may terminate this Agreement immediately by giving notice to you electronically or by mail or fax. Upon termination of this Agreement and/or the License, your rights under the License will immediately cease. All sections of this Agreement except the “Grant of License” Section will survive any termination of this Agreement.
The terms of this Agreement may be amended from time to time by the Company, and you will be bound by the amended terms if you click to accept the amended Agreement in order to access new features or when you click to accept the amended Agreement upon renewal of your subscription.
This Agreement is the entire agreement of the parties regarding the subject matter hereof, superseding all other agreements between them, whether oral or written, regarding the subject matter hereof. This Agreement will be governed by and interpreted pursuant to the laws of the State of California (without applying California’s conflict-of-law principles). If any provision of this Agreement is held to be unlawful, void or unenforceable, such portion will be deemed severable and will not affect the enforceability of the remaining portions.