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Microprocessor
Report Newsletter Usage Agreement
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:
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nontransferable, revocable, limited license to access and use this Newsletter
and Content.
2. 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
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If you have reason to believe that your account is no longer secure (for example,
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You may not copy, modify, reproduce, republish, distribute, display, or transmit
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to the Newsletter are exclusively owned by In-Stat. Materials may not be copied
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any medium, without In-Stat's prior written consent.
5. REPRESENTATIONS AND WARRANTIES-- In-Stat warrants that the products
and services delivered under this agreement do not infringe any copyrights or
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merchantability or fitness or suitability for any purpose, including any and all
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Client represents that it has the power and authority to enter into this agreement.
6. LIMITATION OF LIABILITY--In-Stat'sReed 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
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7. GOVERNING LAW; DISPUTE RESOLUTION-- Any dispute or disagreement between
the parties under this Agreement that is not settled within thirty (30) days (or
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without limitation, any issue as to the arbitrability of such dispute or disagreement,
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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.
8. 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.
9. 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.
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