South-Western Educational
Publishing ("Licensor"), an International Thomson Publishing Company, is willing
to license and provide to you access to and use of the Corporate View Intranet Online
Information Service (the "Service") only upon the condition that you accept all
of the terms contained in this Agreement. By accepting the terms contained in this
Agreement, you certify that you are at least 18 years of age, have read and understand the
terms of this Agreement and agree to be bound by the terms of this Agreement. If you accept
all of the terms contained in this Agreement, please so indicate by selecting the
"Accept" option below. If you do not accept the terms of this Agreement,
you will be denied access to the Service.
1. Licensor grants to you a limited, nonexclusive, nontransferable right
to access and use the Service. Licensor reserves the right to modify any aspect of the
Service, including prices, and may discontinue the Service without prior notice to you.
Licensor may terminate this Agreement at any time, with or without prior notice to you.
Licensor may terminate this Agreement if you fail to comply with any provision of this
Agreement.
2. You acknowledge that the Service and its components (tangible and
intangible) are the sole and exclusive property of Licensor and its information providers,
and are subject to the copyright and intellectual property laws of the United States and
other jurisdictions. Licensor or its information providers retains ownership of all
copyrights and other intellectual property rights appurtenant to the Service and its
components. Other than classroom distribution, you may not reproduce, redistribute,
retransmit, publish or exploit, or permit any third party to do any of the foregoing, any
information, software or other content that you or they receive through the Service
without permission of Licensor and the owner(s) or other authorized person(s). If you do
obtain permission to reproduce, redistribute, retransmit, publish or exploit any copyright
material, you may not make changes to or delete any portion of the applicable material, or
delete or change any author attribution or copyright notice. You may not sell, rent,
lease, transfer, give access to, modify, alter, decompile, disassemble, translate or
reverse engineer any software you download from the Service.
3. You acknowledge that the reliability, availability and performance of
resources accessed through the Internet are beyond Licensors control and are not in
any way warranted or supported by Licensor or its third party contractors. You acknowledge
that use of the Service through the Internet may not include safeguards relative to
copyright, ownership, decency, reliability and integrity of content, and that you use the
Service at your own risk. You assume all responsibility and liability arising from your
access to and use of the Service and the Internet. You will be responsible for providing
and maintaining all telephone and other equipment and services required to use and access
the Service.
4. YOU AGREE THAT YOU ACCESS AND USE THE SERVICE AT YOUR SOLE RISK.
NEITHER SOUTH-WESTERN EDUCATIONAL PUBLISHING NOR ANY OF ITS INFORMATION PROVIDERS,
LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES SOUTH-WESTERN EDUCATIONAL PUBLISHING OR ANY OF ITS INFORMATION PROVIDERS,
LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE SERVICE, CONTENT OR RESULTS TO
BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES
OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE. NEITHER SOUTH-WESTERN EDUCATIONAL
PUBLISHING NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE, EVENWHERE IF AWARE OF THE
POSSIBILITY OFSUCH DAMAGE. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL
ALSO APPLY TO ALL THIRD PARTY CONTENT. YOU RELEASE SOUTH-WESTERN EDUCATIONAL PUBLISHING
FROM LIABILITY ARISING FROM ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF,
THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM SOUTH-WESTERN
EDUCATIONAL PUBLISHING CONTRACTS TO OPERATE VARIOUS AREAS ON THE SERVICE).
Some states do not permit the exclusion of implied warranties, or the
exclusion or limitation of incidental or consequential damages, so the foregoing may not
apply to you.
5. You agree to indemnify and hold Licensor harmless from any losses,
liability, claims and expenses, including reasonable attorney's fees, arising from or
related to access to and use of the Service, either by you or by third parties through
you, or your or such third parties violation of the Agreement.
6. This Agreement is made in New York, and shall be governed by and
construed in accordance with the laws of the United States of America and of the State of
New York. You may not assert any cause of action against Licensor more than one year after
the cause of action arises.
7. Neither the course of conduct between parties nor trade practice shall
act to modify the provisions of this Agreement. Licensor will be deemed to have delivered
notice to you under this Agreement when it posts information to the e-mail address, if
any, that you supply at registration. Licensor may authorize or permit its contractors and
other third parties to provide to Licensor and/or to you services necessary or related to
Services, and to perform obligations and exercise rights of Licensor under this Agreement,
including without limitation payment collection, if applicable. This Agreement forms the
entire understanding of the parties concerning Licensors provision of Services to
you and your access to and use of the Services. If any provision of this Agreement is
determined to be invalid, all other provisions shall remain in full force and effect.
Unless otherwise agreed, your right to access and use the Service is not transferable and
you may not assign this Agreement. The provisions of paragraphs 2, 4, 5, and 7 and all
obligations of and restrictions on you shall survive any termination of this Agreement. |