General Terms
Last Revised: May 1, 1995
GENERAL TERMS AND CONDITIONS
FOR USE OF THE LEXIS-NEXIS SERVICES
The following terms and conditions govern your use of the LEXIS-NEXIS services
(the "Online Services") and the materials available therein ("Materials"):
1. LICENSE; RESTRICTIONS ON USE
1.1 You are granted a nonexclusive, nontransferable, limited license to access
and use for research purposes the Online Services and Materials from time to
time made available to you. This license includes:
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Services to no more than one person at a time, subject to the Supplemental Terms
for Specific Materials;
(b) The right to obtain a printout of Materials via printing commands of the
Online Services and to create a single printout of Materials downloaded via
downloading commands of the Online Services (collectively "Authorized
Printouts"); and
(c) The right to retrieve and store in machine-readable form for no more than
90 days and for one person's exclusive use a single copy of insubstantial
portions of Materials included in any individual file via downloading commands
of the Online Services to the extent the storage of Materials is not further
limited or prohibited by the Supplemental Terms for Specific Materials;
1.2 To the extent permitted by applicable copyright law and not further limited
or prohibited by the Supplemental Terms for Specific Materials, you may make
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1.3 Except as specifically provided in Sections 1.1 and 1.2, you are prohibited
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distributing, or using Materials retrieved from the Online Services. You may not
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1.8 Other provisions that govern your use of Materials are set forth in your
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descriptions of files, online notices following file selection, and individual
documents retrieved from the Online Services (collectively, the "Additional
Terms"), all of which are incorporated by reference into these General Terms and
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2. ACCESS TO SERVICES
2.1 Only individuals authorized by the subscribing organization may access and
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and the Online Services otherwise changed without notice.
3. LIMITED WARRANTY
3.1 The provider of the Online Services represents and warrants that it has the
right and authority to make the Online Services and Materials available pursuant
to these General Terms and Conditions.
3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE ONLINE SERVICES AND
MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF
THE ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY
DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY
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claim, liability, or damage of any kind resulting in any way from (a) any errors
in or omissions from the Online Services or any Materials available or not
included therein, (b) the unavailability or interruption of the Online Services
or any features thereof or any Materials, (c) Subscriber's use of the Online
Services or Materials (regardless of whether you received any assistance from a
Covered Party in using the Online Services), (d) your use of any equipment in
connection with the Online Services, (e) the content of Materials, or (f) any
delay or failure in performance beyond the reasonable control of a Covered
Party.
4.2 "Covered Party" means (a) the provider of the Online Services, its
affiliates, and any officer, director, employee, subcontractor, agent,
successor, or assign of the provider of the Online Services or its affiliates;
and (b) each third party supplier of Materials, their affiliates, and any
officer, director, employee, subcontractor, agent, successor, or assign of any
third party supplier of Materials or any of their affiliates.
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CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT
EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES
IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
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LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN
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5. MISCELLANEOUS
5.1 These General Terms and Conditions, including the Additional Terms, may be
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5.4 The failure of the provider of the Online Services or any third party
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time.
5.5 The subscribing organization or individual may not assign its rights or
delegate its duties under the subscription to access the Online Services without
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5.6 These General Terms and Conditions and the Additional Terms shall be
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5.7 Each third party supplier of Materials has the right to assert and enforce
these provisions directly on its own behalf as a third party beneficiary.
July 1, 1995
LEXIS(R)-NEXIS(R) Services
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AND
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BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
33. Stock Exchange Data (Canadian Exchanges)
The participating exchanges do not guarantee the sequence, accuracy or
completeness of the stock exchange data made available, nor shall they be liable
in any way to Subscriber or to any other person, firm or corporation for any
delays, inaccuracies, errors or omissions from the data, or in the transmission
thereof, or any non-performance or interruption of the Online Services, or for
any damages, consequential or otherwise, arising therefrom or occasioned
thereby, whether or not resulting from negligent acts or omissions on their
part. The participating exchanges, their members, governors, managers, officers,
employees and agents shall not in any event, including its or their own
negligence, be liable beyond the actual amount of the loss or damage, or the sum
of Fifty Dollars ($ 50.00), whichever is less.
34. Stock Exchange Data (United States Exchanges)
DATA NOT GUARANTEED -- The participating stock exchanges do not guarantee the
timeliness, sequence, accuracy or completeness of the stock exchange data made
available, or of other market information or messages disseminated, by any
participating stock exchange. No participating stock exchange will be liable in
any way to any person for
(a) any inaccuracy, error or delay in, or omission of,
(i) any such data, information or message, or
(ii) the transmission or delivery of any such data, information or message, or
(b) any loss or damage arising from or occasioned by
(i) any such inaccuracy, error, delay or omission,
(ii) non-performance, or
(iii) interruption in any such data, information or message, due either to any
negligent act or omission by any participating stock exchange or to any "Force
Majeure" (i.e., any flood, extraordinary weather conditions, earthquake or other
act of God, fire, war, insurrection, riot, labor dispute, accident, action of
government, communications or power failure, or equipment or software
malfunction) or any other cause beyond the reasonable control of any
participating stock exchange.
35 Tax Analysts' Databases
The materials in Tax Analysts' databases are made available to assist members of
the bar and other tax professionals, but not to provide legal advice to any
person. Although Tax Analysts believes that the information in these databases
is accurate, necessarily each user must exercise professional judgment when
using these databases and take responsibility for their use. Tax Analysts does
not make, and no user receives, any warranty whatsoever with respect to them,
AND PARTICULARLY NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND NO WARRANTY
OF MERCHANTABILITY. NO EMPLOYEE OF TAX ANALYSTS OR LEXIS-NEXIS IS AUTHORIZED TO
PROVIDE ORAL REPRESENTATIONS OR WARRANTIES WITH RESPECT TO TAX ANALYSTS'
PRODUCTS.
36. The American Banker; The Bond Buyer
Subscriber may not store materials retrieved from The American Banker or The
Bond Buyer in a machine-readable database or in a machine-readable form for more
than 30 days. Subscriber must seek written consent from American Banker-Bond
Buyer to reproduce materials retrieved by photocopying, electronic transmission,
or otherwise in any way not specified in the General Terms and Conditions.
37. The Cincinnati Enquirer
Subscriber may not publish, broadcast, sell or otherwise redistribute these
materials for commercial purposes.
38. The New York Times
Subscriber may not publish, broadcast, sell or otherwise redistribute these
materials for commercial purposes. "The Information Bank" is a registered
trademark of The New York Times Company.
39. The Washington Post
Subscriber may not publish, broadcast, sell or otherwise redistribute these
materials for commercial purposes.
40. Thomson Bank Directory
Subscriber may not store materials retrieved from the Thomson Bank Directory in
a machine-readable database or in a machine-readable form for more than 30 days.
Subscriber must seek written consent from Thomson Financial Publishing, Inc. to
reproduce materials retrieved by photocopying, electronic transmission, or
otherwise in any way not specified in the General Terms and Conditions.
41. Uniform Commercial Code Filing Records
Use of uniform commercial code filing records in connection with transactions
with consumers, including but not limited to extension of credit, review or
collection of credit accounts, employment purposes, determination of eligibility
for insurance or determination of eligibility for any governmental license or
benefit, is prohibited. Uniform commercial code filing records are provided for
informational purposes only. Accuracy and completeness of these materials are
not warranted. Verification of these materials can be obtained through LEXIS
Document Services or the appropriate public offices.
42. VISTA Environmental Information Database
VISTA DOES NOT WARRANT THE ACCURACY, TIMELINESS, MERCHANTABILITY, COMPLETENESS,
OR USEFULNESS OF ANY OF THE INFORMATION PROVIDED. IN NO EVENT SHALL VISTA, ITS
OFFICERS, EMPLOYEES OR AGENTS, OR EITHER, BE LIABLE FOR ANY LOSSES OR OTHER
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES RELATING IN WHOLE OR
PART TO THE USE OF VISTA INFORMATION.
43. West Publishing Company Materials
Subscriber may use materials provided by West Publishing Company for research
purposes only, and may not publish, broadcast, sell or otherwise redistribute
these materials for commercial purposes.
