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| WNC Standard Terms and Conditions |
1. Acceptance of this Agreement by Dialog shall entitle Customer access
to the World News Connection Service ("Service") on the following terms
and conditions. All terms and conditions of this Agreement are applicable
to all passwords issued to Customer, and Customer agrees to assume sole
responsibility for compliance with the Agreement and for maintaining
the security respecting the passwords issued. Unless expressly approved
in writing by Dialog in advance, a password is valid for use only in
the country to which it is issued. Passwords may be restricted from accessing
certain data on the Service due to Government restrictions.
2. As a third-party provider of information, Dialog reserves the right
to add or withdraw sources and modify or otherwise change the Service (including
features) without notice as necessary.
3. Customer represents and warrants to Dialog that there is no legal reason
that Dialog should deny Service to Customer and that Customer will not
use the Service or its contents for any unlawful purpose. Customer agrees
to indemnify and hold Dialog and NTIS harmless from and against any liability
arising from Customers use of Service. Dialog agrees to indemnify and
hold Customer harmless from liability arising out of Dialogs infringement
of the intellectual property rights of third parties
4. Customer may not use any data or documentation obtained from the Service
except as permitted by applicable copyright law. Customer agrees, for itself
and for any approved user: (i) To allow its password(s) or data received
from the Service, to be used only by Customer's (a) employees, agents or
contractors, (b) faculty, enrolled students and staff in the case of educational
institutions, or (c) library patrons, in the case of libraries ( (a), (b),
and (c) are collectively referred to as the "Approved User-Base"); (ii)
Not to transfer any data received from the Service (or copies), to any
person, organization or institution outside the Approved User-Base and
to prohibit any member of the Approved User-Base from doing so; (iii) Not
to sell or in any other manner commercially exploit any data obtained from
the Service, and (iv) Not to remove or obscure copyright notices contained
on data received from the Service. Under no circumstances may Customer,
or any party acting by or through Customer, copy or distribute data obtained
from Service
5. THE DATA AND SERVICES FURNISHED HEREUNDER ARE FURNISHED "AS IS." DIALOG
AND ITS INFORMATION PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY SUCH WARRANTIES
TO BE IMPLIED. DIALOG AND NTIS ASSUME NO RESPONSIBILITY WITH RESPECT TO
CUSTOMER OR ITS EMPLOYEES, CLIENTS, OR CUSTOMERS USE THEREOF. DIALOG AND
NTIS SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN
IF ADVISED OF THE POSSIBILITY THEREOF, NOR SHALL THEY BE LIABLE FOR EXEMPLARY
DAMAGES OR "LOST PROFITS." IN NO EVENT SHALL DIALOGS LIABILITY TO CUSTOMER
FOR DAMAGES, REGARDLESS OF CAUSE OR FORM OF ACTION, EXCEED THE VALUE OF
THE ORDER FOR ONE (1) YEAR PRECEDING THE INCIDENT GIVING RISE TO SUCH DAMAGES.
SUCH LIMITATION, HOWEVER, SHALL NOT BE APPLICABLE TO CLAIMS INVOLVING INFRINGEMENT
OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. SOME COUNTRIES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY IN EVERY COUNTRY. CUSTOMER
MAY ALSO HAVE OTHER WARRANTY RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
Dialog shall not be liable or deemed to be in default for any delays or
failure in performance or interruption of Service resulting directly or
indirectly from any cause or circumstance beyond its reasonable control.
6. This Agreement constitutes the entire agreement between the parties.
This Agreement may only be modified in writing by Dialog, and Customer
shall be notified either electronically or in writing. This Agreement is
an open order that remains in effect until terminated by either party.
Dialog reserves the right to suspend or refuse the provision of Service
for any reason whatsoever, with or without cause, and without prior notice.
This Agreement shall be construed and interpreted solely in accordance
with the laws of the State of New York, United States of America, without
application of its conflict of laws provisions. Should any term or condition
be declared illegal or otherwise unenforceable, it shall be severed from
the remainder of this Agreement without affecting the legality or enforceability
of the remaining portions. This Agreement is not assignable or transferable
by Customer. Dialog may assign this Agreement and/or payments due without
requirement for Customer's permission or approval.
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