By using the Nationwide Network Web Site (the "Site") to retrieve data (the
"Data"), you are accepting and agreeing to the terms of this Nationwide Network
license agreement ("Agreement") and representing and warranting that you are
authorized to do so. If you are not willing to be bound by the terms of this Agreement,
you will be unable to retrieve Data from the Site. This Agreement represents the entire
agreement relating to the subject matter hereof between you and Nationwide Network, and it
supersedes any prior proposal, representation, or understanding between the parties. You
will not be able to retrieve Data unless you affirmatively agree to these terms online.
GRANT OF LICENSE
A division of Nationwide Network grants a non-exclusive limited license to you or the
entity on whose behalf you are agreeing (but not its parent, subsidiaries, or affiliates)
to retrieve Data available on the Site, and the associated documentation obtained from the
Site under the terms and conditions set forth herein.
PERMITTED USE
You may use the services (the "Services") and Data available on the Site to
create marketing lists (the "Lists") in connection with your marketing,
planning, sales, or other business activities. You may not directly or indirectly sell or
disclose Lists to third parties, except where you are acting as an agent or consultant or
are otherwise directly retained by a third party who is, in fact, the one who will
ultimately use the Lists.
RESTRICTIONS ON USE
The Services are licensed to you pursuant to this Agreement on a confidential basis for
your exclusive use. Data and Lists retrieved from the Site may not be posted anywhere else
on the Internet or distributed anywhere else via the Internet without the prior written
permission of Nationwide Network and all Data must be kept confidential pursuant to the
following section on Proprietary Rights.
DURATION OF LICENSE
You may use Lists in accordance with the terms of this Agreement for a period of twelve
(12) months from the date the Lists are created, or until this Agreement is earlier
terminated. Upon expiration of such 12-month period (or upon the earlier termination of
this Agreement), you must immediately destroy all Lists (including copies and portions of
Lists) and, if requested by Nationwide Network, provide documentation of such destruction.
PROPRIETARY RIGHTS
A portion of the Data incorporated in the Site has been compiled, authored and licensed to
Nationwide Network and retains an enforceable interest in the Data pursuant to this
Agreement. You acknowledge and concur that the Data contains confidential information that
derives independent economic value, actual or potential, from not being generally known to
other persons who could obtain economic value from its use. The Data is therefore the
subject of efforts, which are reasonable under the circumstances to maintain its secrecy.
The Data licensed for use pursuant to this Agreement will be kept confidential and will be
used only for your internal purposes. However, the use of the Lists to make contact or
communicate with individual entities identified through the use of the Lists is a
permitted activity and does not violate your obligation to keep the Data confidential. You
may retain information, data or facts you obtain as a result of third-party responses to
your use of the Lists.
You agree that you will not do anything that would impair Nationwide Network copyright or
other proprietary rights in the Data. You may not grant access to the Data to any person
or entity other than your employees or authorized agents. If you grant access to the Data
to your employees or authorized agents, you shall give them notice of the confidential,
proprietary and legal interests held by Nationwide Network and in the Data and of the
prohibitions on unauthorized disclosure or dissemination of the Data.
Nationwide Network retains all rights not expressly granted. Nothing in this Agreement
constitutes a waiver of Nationwide Network’ rights under the U.S. copyright laws or
any other federal or state laws.
ACCEPTANCE AND TERMINATION
Nationwide Network may elect to terminate this Agreement at any time upon written notice
to you in the event you breach any of the terms of this Agreement. In the event of any
such termination, you shall immediately destroy all Lists including copies and portions of
Lists and if requested by Nationwide Network, provide documentation of such destruction.
LIMITED WARRANTY
Because the functionality of the Site is inherently complex and may not be completely free
of errors, you are advised to verify your work. Nationwide Network makes no
warranty, either express or implied, as to the quality, performance, or fitness for a
particular purpose of the Services, the Data or the Site. In addition Nationwide Network
does not warrant the accuracy or timeliness of the Data. In no event will Nationwide
Network be liable for direct, indirect, special, incidental or consequential damages
arising out of the use of or inability to use the Services, the Data or the Site, even if
advised of the possibility of such damages. Specifically, Nationwide Network shall not be
responsible for any costs including but not limited to, those incurred as a result of lost
profits or revenue, loss of the Data, the cost of recovering such data, claims by third
parties, or for other similar costs. In no case shall Nationwide Network’s liability
exceed the amount of the service fee. The warranty and remedies set forth above are
exclusive and in lieu of all others, oral or written, express or implied, including
without limitation the implied warranties of merchantability or fitness for a particular
purpose. No Nationwide Network reseller, affiliate or employee is authorized to make any
modification or addition to this warranty. Some states do not allow the exclusion or
limitation of implied warranties or limitation of liability for incidental or
consequential damages, so the above limitation or exclusion may not apply to you. |
