|
Purchase Microprocessor Report
Please read the text below and click on
the "I Agree" button at the end to proceed.
This Microprocessor Report newsletter (the
"Newsletter"), including all of its features, web site (mdronline.com
and mpronline.com) and content is a service made available by In-Stat, a division
of Reed Elsevier Inc. and all content and information of this Newsletter may be
used by you (the "Client") solely under this user license.
- SINGLE USER LICENSE--As
a user of this Newsletter, you are granted a nonexclusive, nontransferable, revocable,
limited license to access and use this Newsletter and Content.
- USE OF PASSWORD--Your
right to use the Newsletter is personal to you -- you may not authorize others
to use the Newsletter. You may not sub-license, transfer, sell or assign this
Agreement to any third party without written approval. Any attempt to do so will
be null and void and shall be considered a material breach of this Agreement.
You will be solely responsible
for maintaining the confidentiality of your password. You are solely responsible
for all usage or activity on your account.
If you have reason to believe
that your account is no longer secure (for example, in the event of a loss, theft,
or unauthorized disclosure or use of your ID, password or any credit, debit or
charge card number stored on the web site), you must promptly change your password
and notify Customer Service department at epotter@reedbusiness.com.
- LIMITATIONS OF USE--The
content of this Newsletter is for your personal use only. You may not decompile,
reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create
derivative works from this Newsletter or the content within. You may not use any
network monitoring or discovery software to determine the web site architecture,
or extract information about usage, individual identities or users. You may not
use any robot, spider, other automatic software or device, or manual process to
monitor or copy our Web Site or the Content without Provider's prior written permission.
You may not copy, modify,
reproduce, republish, distribute, display, or transmit for commercial, non-profit
or public purposes all or any portion of this Newsletter, except to the extent
permitted above. You may not use or otherwise export or re-export this Newsletter,
the content or any portion thereof in violation of the export control laws and
regulations of the United States of America. Any unauthorized use of this Newsletter
or its content is prohibited.
- OWNERSHIP, COPYRIGHT,
AND DISTRIBUTION--Client acknowledges that the copyrights to the Newsletter are
exclusively owned by In-Stat. Materials may not be copied by Client or transferred
by Client to any person or entity, in any form or in any medium, without In-Stat's
prior written consent.
- REPRESENTATIONS AND WARRANTIES--
In-Stat warrants that the products and services delivered under this agreement
do not infringe any copyrights or other proprietary rights of any third party.
In-Stat additionally warrants that all of the services to be performed under
this agreement will be rendered in a professional manner. The warranties and representations
contained in this section are in lieu of, and In-Stat disclaims, any and all
other warranties or representations (express or implied, oral or written) with
respect to the Newsletter's merchantability or fitness or suitability for any
purpose, including any and all implied warranties of merchantability or fitness
or suitability for any purpose.
Client represents that it has the power and authority to enter into this agreement.
- LIMITATION OF LIABILITY--In-Stat's
Reed Elsevier's maximum liability for any and all claims arising under this agreement
shall not exceed the aggregate amount of the monies paid to In-Stat hereunder.
In all cases, In-Stat's liability shall be limited to direct damages and in
no event and under no legal theory, including tort, contract or otherwise, shall
In-Stat be liable for any indirect, special, incidental, or consequential
damages (including loss of profits or loss of goodwill) even if advised of the
possibility of such damages.
- GOVERNING LAW; DISPUTE
RESOLUTION-- Any dispute or disagreement between the parties under this Agreement
that is not settled within thirty (30) days (or such longer period as may be mutually
agreed upon) from the date a party gives notice to the other in writing specifying
such dispute or disagreement, including, without limitation, any issue as to the
arbitrability of such dispute or disagreement, shall be settled by arbitration
before a single arbitrator selected by the parties in New York, New York, United
States of America, who shall be directed to follow the International Arbitration
Rules of the American Arbitration Association, as in effect on the date that such
notice is given. Any decision of the arbitrator appointed and acting pursuant
to this Paragraph 13 shall be final and binding upon the parties and judgment
may be entered thereon, upon the application of either party, by any court having
competent jurisdiction. The arbitrator may also award reasonable attorney's fees
and the costs of the arbitration to the prevailing party. This Paragraph 13 shall
not preclude either party from seeking a temporary restraining order, preliminary
injunction or other temporary injunctive relief to prevent an anticipatory or
continuing breach of this Agreement. Notwithstanding anything herein, no punitive
damages may be claimed, awarded or enforced against either party. The validity,
interpretation and legal effect of this agreement shall be governed by the laws
of the State of New York of the United States of America, without reference to
the principles of conflicts of laws.
- FORCE MAJEURE-In-StatReed
Elsevier shall not be liable for delays in performing or failure to perform this
Agreement or any obligations hereunder, which are directly attributable to causes
beyond its reasonable control, including, but not limited to, acts of God, fires,
strikes, labor disputes, war, acts or intervention by any governmental authority,
failure of a common carrier, supplier, hardware, software, browser, or communications
equipment, or network failure, congestion, or malfunction.
- TERMS AND TERMINATION--In-Stat
reserves the right to change the terms of this Agreement by providing notice in
mpronline.com or directly to users via electronic mail or conventional mail. The
Client shall conclusively deem use of Newsletter following the posting of any
changes to these terms and conditions as acceptance of those changes.
In-Stat may discontinue or change the Newsletter, or its availability to the
Client, at any time. If Client refuses or fails to abide by these rules or violate
any other terms or conditions of this Agreement, In-Stat reserves the right
in its sole discretion to suspend or terminate Client's access to mpronline immediately
without notice, in addition to any other available remedies.
|