Terms of Use Agreement
BY BUYING THIS PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE
1. Use Restrictions: ClickedOnMedia.com grants to you, the End-User a non-exclusive, non-transferable license to use this product and the information it contains (the database "Content") subject to the following restriction: It may be used only by the purchasing End-user and may not be made available for any other use by loan or rental.
2. Proprietary Rights: The Databases are proprietary to ClickedOnMedia.com and its sources and suppliers, and will remain the exclusive property of ClickedOnMedia.com and its sources and suppliers, and the End-user obtains no rights therein except as set forth in this License. The Databases and the information contained therein may not be duplicated, transferred, sold or commercially exploited in any manner. End-user agrees to take reasonable measures, which ensure that such unauthorized use is not made. THE DATABASES HAVE BEEN "SEEDED" WITH A NUMBER OF FICTITIOUS RECORDS IN ORDER TO MONITOR AND ENFORCE COMPLIANCE WITH THIS AGREEMENT.
3. Disclaimer of Warranty on Databases and Software: THE DATABASES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANT ABILITY. NEITHER ClickedOnMedia.com NOR ITS SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS PRODUCT IN TERMS OF THE ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PRODUCT IS ASSUMED BY THE END-USER.
4. Limitations of Liability: In no event shall ClickedOnMedia.com's total liability to the End-User for all damages, losses and causes of action, whether in contract, tort (including negligence and strict liability) or otherwise, exceed the license fee for the product. NEITHER ClickedOnMedia.com NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF ClickedOnMedia.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Updates will be provided free of charge for one year. Additional updates may be provided and a fee may be charged for the updates, however, they are not a mandatory obligation ClickedOnmedia.com, for the purposes of this license agreement or any other purposes or implications.
6. Usage and Support: All ClickedOnMedia.com's databases are "information", not "software". The product is delivered in popular database "formats" simply making it easily accessible for any database applications. "Information" requires no technical support. ClickedOnMedia.com has no liability and is not authorized to support other vendor's database software. ClickedOnMedia.com, as a courtesy, may post help pages on its web site or provide other technical support, yet holds no liability to do so.
7. Undeliverable Records: Company will replace with new records or will refund the money by presented FAILURE list on over 4% of undeliverable records.
8. Complete Agreement: This license constitutes the entire agreement between the End-User and ClickedOnMedia.com, which supersedes any proposal or prior agreement, oral or written, and any other communications between the End-User and ClickedOnMedia.com relating to the subject matter of this License. No dealer, distributor, agent or employee is authorized to make any modifications or additions to this license. The laws of the State of Florida and/or the United States of America shall govern any question concerning the validity, construction, or performance of this Agreement. End-User and ClickedOnMedia.com hereby further agree that venue and jurisdiction for any disputes shall be laid in the Courts of Palm Beach County, Florida, which the parties agree shall be the sole and exclusive venue of the resolution of any such disputes arising hereunder.
1. Use Restrictions: ClickedOnMedia.com grants to you, the End-User a non-exclusive, non-transferable license to use this product and the information it contains (the database "Content") subject to the following restriction: It may be used only by the purchasing End-user and may not be made available for any other use by loan or rental.
2. Proprietary Rights: The Databases are proprietary to ClickedOnMedia.com and its sources and suppliers, and will remain the exclusive property of ClickedOnMedia.com and its sources and suppliers, and the End-user obtains no rights therein except as set forth in this License. The Databases and the information contained therein may not be duplicated, transferred, sold or commercially exploited in any manner. End-user agrees to take reasonable measures, which ensure that such unauthorized use is not made. THE DATABASES HAVE BEEN "SEEDED" WITH A NUMBER OF FICTITIOUS RECORDS IN ORDER TO MONITOR AND ENFORCE COMPLIANCE WITH THIS AGREEMENT.
3. Disclaimer of Warranty on Databases and Software: THE DATABASES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANT ABILITY. NEITHER ClickedOnMedia.com NOR ITS SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS PRODUCT IN TERMS OF THE ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PRODUCT IS ASSUMED BY THE END-USER.
4. Limitations of Liability: In no event shall ClickedOnMedia.com's total liability to the End-User for all damages, losses and causes of action, whether in contract, tort (including negligence and strict liability) or otherwise, exceed the license fee for the product. NEITHER ClickedOnMedia.com NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF ClickedOnMedia.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Updates will be provided free of charge for one year. Additional updates may be provided and a fee may be charged for the updates, however, they are not a mandatory obligation ClickedOnmedia.com, for the purposes of this license agreement or any other purposes or implications.
6. Usage and Support: All ClickedOnMedia.com's databases are "information", not "software". The product is delivered in popular database "formats" simply making it easily accessible for any database applications. "Information" requires no technical support. ClickedOnMedia.com has no liability and is not authorized to support other vendor's database software. ClickedOnMedia.com, as a courtesy, may post help pages on its web site or provide other technical support, yet holds no liability to do so.
7. Undeliverable Records: Company will replace with new records or will refund the money by presented FAILURE list on over 4% of undeliverable records.
8. Complete Agreement: This license constitutes the entire agreement between the End-User and ClickedOnMedia.com, which supersedes any proposal or prior agreement, oral or written, and any other communications between the End-User and ClickedOnMedia.com relating to the subject matter of this License. No dealer, distributor, agent or employee is authorized to make any modifications or additions to this license. The laws of the State of Florida and/or the United States of America shall govern any question concerning the validity, construction, or performance of this Agreement. End-User and ClickedOnMedia.com hereby further agree that venue and jurisdiction for any disputes shall be laid in the Courts of Palm Beach County, Florida, which the parties agree shall be the sole and exclusive venue of the resolution of any such disputes arising hereunder.