Before installing any software that is part of the LEXIS-NEXIS Millennium+ Software Collection you should carefully read the associated terms and conditions (the "Agreement"). Installing any software from the LEXIS-NEXIS Millennium+ Software Collection indicates your acceptance of these terms and conditions. If you do not agree with them, do not install the software.
LEXIS®-NEXIS® Content License Agreement
IMPORTANT -- READ CAREFULLY BEFORE INSTALLING ANY OF THE ELECTRONIC MATERIALS -- This is a legally binding agreement ("Agreement") between you and LEXIS-NEXIS, a division of Reed Elsevier Inc., ("LEXIS-NEXIS") and supersedes any purchase order placed by you. These are the only terms and conditions applicable to your rights with respect to the electronic materials contained in the Electronic Bookstore, in computer accessible form, ("Electronic Materials") and LEXIS-NEXIS's obligations to you. Installing the Electronic Materials indicates your acceptance of this Agreement. If you do not agree to the terms of this Agreement do not install the Electronic Materials.
License
By acquiring the Electronic Materials, you have obtained the non-exclusive, non-transferable right to use the Electronic Materials on a single (non-networked) computer solely in the regular course of your legal studies and in accordance with this Agreement. You may download and/or create printouts of insubstantial portions of the Electronic Materials solely for use in your legal studies and in accordance with this Agreement.
Restrictions
You may not and you may not permit others to (a) disassemble, decompile or otherwise derive source code from the Electronic Materials, (b) reverse engineer the Electronic Materials, (c) modify or prepare derivative works of the Electronic Materials, (d) copy the Electronic Materials, (e) rent or lease the Electronic Materials, (f) use the Electronic Materials in any manner that infringes the intellectual property or other rights of another party, or (g) sell, license, transfer, assign or distribute the Electronic Materials or any copy thereof to another party, (h) place the Electronic Materials on a wide area network, multiple LANs, multiple sites or other similar arrangements; (i) use any portion of the Electronic Materials as a component of or as the basis for any material offered for sale, license or distribution, or (j) use, copy or otherwise access any Electronic Materials contained in the Electronic Bookstore for which you have not been licensed by us.
Ownership
The copyright holder(s) own the Electronic Materials and all trade secrets, copyrights, patents and other intellectual property rights therein, which you agree to preserve.
Limited Warranty
The Electronic Materials are licensed to you on an "AS IS" basis without any warranty of any nature. LEXIS-NEXIS DISCLAIMS ALL WARRANTIES, EXPRESS OR LIMITED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Liability Limitations; Exclusive Remedies
LEXIS-NEXIS SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL (INCLUDING LOST PROFITS), ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE ELECTRONIC MATERIALS (INCLUDING DATA LOSS OR CORRUPTION), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF LEXIS-NEXIS TO YOU SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU FOR THE ELECTRONIC MATERIALS. THE REMEDIES AVAILABLE TO YOU AGAINST LEXIS-NEXIS UNDER THIS AGREEMENT ARE EXCLUSIVE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous
Ohio law shall govern the interpretation and enforceability of this Agreement. This Agreement, and your right to use the Electronic Materials, will terminate upon your breach of this Agreement. If any provision of this Agreement is held to be unenforceable, then such unenforceable provision shall be deemed stricken from this Agreement, and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement signed by you and LEXIS-NEXIS, this Agreement is the complete agreement between you and LEXIS-NEXIS with respect to the Electronic Materials. This Agreement expressly supersedes and replaces any other license agreement for the Electronic Materials, with the exception of any agreement for the Electronic Materials which is in writing and signed by both you and LEXIS-NEXIS.
