Lexis Nexis Millenium Plus Collection 1997 to 1997/Lexis-Nexis Millenium Plus Collection - 1996-97 (Lexis-Nexis)(LA1173-0 07-96)(1996).bin/pc/toolbox/fullauth/offlnse.txt

Text File | 1996-07-22 | 6KB | 136 lines

       LEXIS-NEXIS Software License Agreement

IMPORTANT -- READ CAREFULLY BEFORE INSTALLING
-- 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 computer programs and
documentation, in computer accessible or paper
form, ("Software") and LEXIS-NEXIS's obligations
to you.  Installing the Software indicates your
acceptance of this Agreement.   If you do not
agree to the terms of this Agreement do not install
the Software.

License
By acquiring the Software, you have obtained the
non-exclusive right to use the Software on a
single (non-networked) computer solely in
accordance with this Agreement.  You may make a
single extra copy of the Software for your
incidental use on a secondary portable or home
computer while away from the primary computer or
workstation upon which the Software resides or has
access to the functions of the Software, as long
as the Software is not used or accessed on both
the primary computer or workstation and the
secondary computer or workstation simultaneously.
You may make a single backup copy of the Software.
Notwithstanding the foregoing, you are not licensed
to use the Software to provide on-line or similar
database services to third parties.

Restrictions
You may not and you may not permit others to (a)
disassemble, decompile or otherwise derive source
code from the Software, (b) reverse engineer the
Software, (c) modify or prepare derivative works
of the Software, (d) copy the Software, except as
expressly permitted in this Agreement, (e) rent or
lease the Software, (f) use the Software in any
manner that infringes the intellectual property or
other rights of another party, or (g) transfer or
assign the Software or any copy thereof to another
party.

Ownership
LEXIS-NEXIS and its licensors own the Software and
all trade secrets, copyrights, patents and other
intellectual property rights therein, which you
agree to preserve.

Limited Warranty
For a period of 30 days from the date the Software
is acquired by you, LEXIS-NEXIS warrants that the
media upon which the Software resides will be free
of defects that prevent you from loading the
Software on your computer. LEXIS-NEXIS's sole
obligation and your sole remedy under this warranty
is replacement of any defective media, provided
that you have given LEXIS-NEXIS notice of the
defect within such 30 day period. The Software
is licensed to you on an "AS IS" basis without any
warranty of any nature.  However, if you are not
satisfied with the Software, for any reason, you
may return it to the point of acquisition for a
credit or refund at any time prior to 30 days
after you acquired it.  You may not retain any
copies of the Software returned to LEXIS-NEXIS.
LEXIS-NEXIS DISCLAIMS ALL OTHER 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 SOFTWARE
(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 SOFTWARE.  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.


U.S. Government Restricted Rights
If the Software is acquired by the U.S. Government
or on its behalf, the Software is furnished with
RESTRICTED RIGHTS.  Use, duplication or
disclosure of the Software by the U.S. Government
and parties acting on its behalf is governed by,
and subject to the restrictions set forth in
subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial
Computer Software -- Restricted Rights at 48 CFR
52.227-19, as applicable.  The Contractor/
manufacturer of the Software is LEXIS-NEXIS,
9443 Springboro Pike, Miamisburg, OH 45342,
[phone].

Miscellaneous
Ohio law shall govern the interpretation and
enforceability of this Agreement.  This Agreement,
and your right to use the Software, 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 Software.
This Agreement expressly supersedes and replaces
any other license agreement for the Software,
including but not limited to any agreement
appearing in any user's manual or referenced on
the Software installation screen, with the
exception of any agreement for the Software which
is in writing and signed by both you and
LEXIS-NEXIS.