GENERAL TERMS AND CONDITIONS FOR USE OF THE LEXISNEXIS™ SERVICES
Effective April 1, 1996
The following terms and conditions govern your use of the LexisNexis™ services
(the "Online Services") and the materials available therein ("Materials"):
1. LICENSE; RESTRICTIONS ON USE
1.1 You are granted a nonexclusive,
nontransferable, limited license to access and use for research purposes
the Online Services and Materials from time to time made available to you.
This license includes:
(a) The right to electronically display
Materials retrieved from the Online Services to no more than one person at
a time, subject to the Supplemental
Terms for Specific Materials;
(b) The right to obtain a printout of
Materials via printing commands of the Online Services and to create a
single printout of Materials downloaded via downloading commands of the
Online Services (collectively, "Authorized Printouts");
(c) With respect to Materials that are
court cases, court rules, court briefs, agency-issued documents, agency
regulations or executive branch materials from the United States, its
states or territories (collectively, "Authorized Legal
Materials"), the right to retrieve via downloading commands of the
Online Services and store in machine-readable form, primarily for one
person's exclusive use, a single copy of insubstantial portions of those
Materials included in any individual file to the extent the storage of
those Materials is not further limited or prohibited by the Supplemental
Terms for Specific Materials;
(d) With respect to Materials that are
United States patents ("Authorized Patent Materials"), the right
to retrieve via downloading commands of the Online Services and store in
machine-readable form, primarily for one person's exclusive use, a single
copy of not more than 200 patents at any one time; and
(e) With respect to all Materials other
than Authorized Legal Materials and Authorized Patent Materials, the right
to retrieve via downloading commands of the Online Services and store in
machine-readable form for no more than 90 days, primarily for one person's
exclusive use, a single copy of insubstantial portions of those Materials
included in any individual file to the extent the storage of those
Materials is not further limited or prohibited by the Supplemental
Terms for Specific Materials.
1.2 To the extent permitted by applicable
copyright law and not further limited or prohibited by the Supplemental
Terms for Specific Materials, you may make copies of Authorized
Printouts and distribute Authorized Printouts and copies.
1.3 Except as specifically provided in
Sections 1.1 and 1.2, you are prohibited from downloading, storing,
reproducing, transmitting, displaying, copying, distributing, or using
Materials retrieved from the Online Services. You may not print or
download Materials without using the printing or downloading commands of
the Online Services.
1.4 All right, title, and interest
(including all copyrights and other intellectual property rights) in the
Online Services and Materials (in both print and machine-readable forms)
belong to the provider of the Online Services or its third party suppliers
of materials. You acquire no proprietary interest in the Online Services,
Materials, or copies thereof.
1.5 Except as specifically provided herein,
you may not use the Online Services or Materials retrieved from the Online
Services in any fashion that infringes the copyrights or proprietary
interests therein.
1.6 You may not remove or obscure the
copyright notice or other notices contained in Materials retrieved from
the Online Services.
1.7 You may not use information included in
the Online Services or Materials retrieved from the Online Services to
determine a consumer's eligibility for (a) credit or insurance for
personal, family, or household purposes; (b) employment; or (c) a
government license or benefit.
1.8 Other provisions that govern your use
of Materials are set forth in your applicable price schedule, the Supplemental
Terms for Specific Materials, online descriptions of files, online
notices following file selection, and individual documents retrieved from
the Online Services (collectively, the "Additional Terms"), all
of which are incorporated by reference into these General Terms and
Conditions.
2. ACCESS TO SERVICES
2.1 Only individuals authorized by the
subscribing organization may access and use the Online Services.
2.2 You may not use an identification
number to access the Online Services from outside the country for which it
was issued.
2.3 Your identification number(s) may be
restricted from accessing certain Materials otherwise available in the
Online Services.
2.4 Materials and features may be added to
or withdrawn from the Online Services and the Online Services otherwise
changed without notice.
3. LIMITED WARRANTY
3.1 The provider of the Online Services
represents and warrants that it has the right and authority to make the
Online Services and Materials available pursuant to these General Terms
and Conditions.
3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION
3.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS
IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE
SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL
WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below)
shall not be liable for any loss, injury, claim, liability, or damage of
any kind resulting in any way from (a) any errors in or omissions from the
Online Services or any Materials available or not included therein, (b)
the unavailability or interruption of the Online Services or any features
thereof or any Materials, (c) your use of the Online Services or Materials
(regardless of whether you received any assistance from a Covered Party in
using the Online Services), (d) your use of any equipment in connection
with the Online Services, (e) the content of Materials, or (f) any delay
or failure in performance beyond the reasonable control of a Covered
Party.
4.2 "Covered Party" means (a) the
provider of the Online Services, its affiliates, and any officer,
director, employee, subcontractor, agent, successor, or assign of the
provider of the Online Services or its affiliates; and (b) each third
party supplier of Materials, their affiliates, and any officer, director,
employee, subcontractor, agent, successor, or assign of any third party
supplier of Materials or any of their affiliates.
4.3 THE AGGREGATE LIABILITY OF THE COVERED
PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO
THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR
ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL
BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED
PARTY.
4.4 THE COVERED PARTIES SHALL NOT BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY
WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE
SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS
OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
5. MISCELLANEOUS
5.1 These General Terms and Conditions,
including the Additional Terms, may be changed from time to time as
described below or by written agreement. Charges and payment terms may be
changed in accordance with your applicable price schedule; all other
provisions may be changed by the provider of the Online Services
immediately upon notice. Your subscription for access to the Online
Services may be terminated immediately upon notice to the provider of the
Online Services if any change is unacceptable. Continued use of the Online
Services following any change constitutes acceptance of the change.
5.2 The provider of the Online Services or
the subscribing organization may terminate the subscription for access to
the Online Services. The effective date of termination shall be ten days
after the receipt of an appropriate notice of termination, unless a later
date is specified in the notice. The provider of the Online Services may
suspend or discontinue providing the Online Services to you without notice
and pursue any other remedy legally available to it if you fail to comply
with any of your obligations hereunder.
5.3 Except as otherwise provided herein,
all notices and other communications hereunder shall be in writing or
displayed electronically in the Online Services by the provider thereof.
Notices shall be deemed to have been properly given on the date deposited
in the U.S. mails, if mailed; on the date first made available, if
displayed in the Online Services; or on the date received, if delivered in
any other manner. Notices to the provider of the Online Services should be
sent to your account representative.
5.4 The failure of the provider of the
Online Services or any third party supplier of Materials to enforce any
provision hereof shall not constitute or be construed as a waiver of such
provision or of the right to enforce it at a later time.
5.5 The subscribing organization or
individual may not assign its rights or delegate its duties under the
subscription to access the Online Services without the prior written
consent of the provider of the Online Services.
5.6 These General Terms and Conditions and
the Additional Terms shall be governed by and construed in accordance with
the laws of the State of Ohio.
5.7 Each third party supplier of Materials
has the right to assert and enforce these provisions directly on its own
behalf as a third party beneficiary.
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