Tuesday, July 29, 2008

Manufacturers' News, Inc. of Evanston, IL, hereafter referred to as FBA, agrees to provide this program hereafter referred to as PROGRAMS and copyrighted information hereafter referred to as DATA, which are collectively referred to as SOFTWARE, and approves and licenses its use. The purchasing company or individual, hereafter referred to as the LICENSEE, assumes responsibility for the selection of the SOFTWARE and/or DATA to produce the LICENSEE'S intended results, and for the installation, use & results obtained from the SOFTWARE and/or DATA. This license shall become effective upon the LICENSEE breaking the seal on the SOFTWARE and/or DATA CD-ROM(s).
This SOFTWARE contains proprietary and copyrighted information and programs. This DATA contains proprietary and copyrighted information. The LICENSEE'S rights are strictly and specifically governed by the terms of this Agreement.
The LICENSEE may use the SOFTWARE on a single *IBM or *IBM compatible computer, and copy the DATA CD-ROM(s) to a machine readable or printed form for backup or modification in support of the LICENSEE'S application of the SOFTWARE/DATA on a single machine.
The LICENSEE may not use, copy, modify or transfer the SOFTWARE and/or DATA or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this license or in a separately negotiated Multiple User Access License. The LICENSEE must exercise all reasonable precautions to prevent others from violating the terms of this license. This SOFTWARE and/or DATA is licensed exclusively for the LICENSEE'S or USER'S organization's internal use. NO TELECOMMUNICATION TRANSFER OF THE SOFTWARE AND/OR DATA IS ALLOWED.

The LICENSEE may not employ the SOFTWARE or any of the DATA to sell, promote or solicit for DIRECTORY LISTINGS, BUSINESS DIRECTORIES or DIRECTORY ADVERTISING in any format. Representing any of the DATA as available to appear (or implying that it appears) in any non-FBA publication or database is strictly prohibited, and may be prosecuted to the fullest extent of the law. The DATA may not be used to help compile or enhance a database, mailing list or directory to be published, posted online or otherwise revealed, sold or transferred to any third party.
The SOFTWARE and/or DATA absolutely may not be resold, offered for sale or transferred to others, either alone or as a component of any other product or service.
THIS INFORMATION IS PROVIDED FOR USE IN ACCORDANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS. Companies and individuals in this database have not "opted in" to receive unsolicited advertisements via fax or e-mail. The LICENSEE bears the full responsibility for any and all complaints from recipients regarding unsolicited communication of any form from the LICENSEE or Licensee’s representative. LICENSEE will ensure that companies provided in the DATA who are contacted by the LICENSEE are given the option, as per applicable local, state and federal law, to discontinue receiving calls or correspondence from the LICENSEE. The LICENSEE will further ensure that upon receipt of such discontinuance notice the LICENSEE will send no further items to such companies. The LICENSEE will not refer to FBA by name or inference in any item sent to a recipient, nor suggest in any way that the recipient contact FBA to remove their information from MNI's database.
Failure to comply with any term or condition of this Agreement will result in the termination of the license, and the LICENSEE will be subject to all applicable legal remedies and/or prosecution. The LICENSEE may not use the DATA or PROGRAMS or CD-ROM(s), or any part thereof after termination of this agreement. Upon termination of this license, the LICENSEE agrees to return the DATA and SOFTWARE media and documentation.
Limited Warranty: FBA warrants the CD-ROM(S) on which the SOFTWARE and/or DATA is provided to be free from defects in material and workmanship under normal use for thirty (30) days after shipment. FBA also warrants ninety (90) days free technical support for the initial purchase of the SOFTWARE, contingent upon receipt of the Product Warranty Form in the User's Manual. Further, FBA warrants the SOFTWARE, when used as directed, will perform substantially in accordance with the specifications contained in the User's Manual. As per software industry standard practices EZ Select CD-ROM(s) and electronic files are not returnable.
FBA does not warrant that the PROGRAMS or DATA will meet the LICENSEE'S requirements, or that the operation of the PROGRAMS will be uninterrupted or error free. The warranty does not apply to any CD-ROM, data, program or manual which as been subjected to damage or abuse. The PROGRAM warranty is void for any program that has been altered or changed in any way by any one other than FBA. FBA is not responsible for problems caused by changes or updates in the operating systems or characteristics of the LICENSEE'S computer hardware or software made after the release of the computer or operating system. Further, FBA is not responsible for problems caused by the interaction of the SOFTWARE and/or DATA with the LICENSEE'S software or operating system, or any software not provided by FBA.
The SOFTWARE and/or DATA is provided "AS IS", except as excluded above. It carries no warranty, either expressed or implied, of any kind. There is no implied warranty of merchantability and/or appropriateness for any particular use or purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to all users. This warranty gives the LICENSEE specific legal rights. The LICENSEE may have other rights that vary from state to state.
FBA will not be liable in any event to the LICENSEE for any damages, lost profits, lost savings, or any other incidental damages resulting from the use or inability to use the SOFTWARE, or the LICENSEE'S software. Further, FBA is not liable for any claim by any other person or persons. Some states do not allow the limitation of liabilities, so the above exclusion may not apply to all users. The LICENSEE'S rights may vary from state to state. FBA's liability shall, in no case, exceed the amount of the license fee paid for SOFTWARE and/or DATA user rights.
If you have any questions about this agreement, which is governed by the laws of the State of Illinois, contact Manufacturers' News, Inc., 1633 Central Street, Evanston, Illinois, 60201;
(847) 864-1655 Central Time.
BY PLACING AN ORDER ON THIS SITE, THE LICENSEE ACKNOWLEDGES THAT THE LICENSEE HAS READ AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THE LICENSEE FURTHER AGREES AND UNDERSTANDS THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT.