Labels:text | book | paper | publication OCR: TERMS AND CONDITIONS CompuServeCDT is part of the CompuServe Information Service (the "Service") and as such a current Member's use of this CD-ROM and its contents is subject to the terms and conditions of the Service Agreement Terms to which Members have agreed. If you are not currently a Member, by opening this package you accept all terms and conditions of the following agreement. Using any CompuServeCD™ indicates your acceptance of these terms and conditions: 1. The CompuServe Information Service (the "Service") consists of computing and information services and software, information and other content provided by CompuServe Incorporated ("CompuServe"). In addition, third parties provide information, software, and other content (collectively, "Third Party Content") which may be accessed over the Service. These terms and any Operating Rules published over the Service constitute the entire and only agreement (collectively, the "Agreement") between CompuServe and member (including its designated users) with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof. 2. Upon notice published over the Service, CompuServe may modify this agreement, the Operating Rules or prices, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice. 3. Unless otherwise agreed, member's right to use the Service or to designate users is not transferable and is subject to any limits established by CompuServe, or by member's credit card company if billing is through a credit card. 4. Member agrees to indemnify CompuServe against liability for any and all use of member's account. 5. Member is responsible for and must provide all telephone and other equipment and services necessary to access the Service. 6. Member shall pay, in accordance with the provisions of the Billing Option selected by.member, any registration or monthly fees, connect time charges, minimum charges and other charges incurred by member or its designated users at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for any purchases made through the Service and any surcharges incurred while using any supplemental networks or services other than the Service. Member shall pay all applicable taxes relating to use of the Service by member or its designated users. Member shall be responsible for all use of the Service accessed through member's or its designated users' password(s). 7. MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. NEITHER COMPUSERVE NOR ANY OF ITS RESPECTIVE INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTER- RUPTED OR ERROR FREE; NOR DOES COMPUSERVE OR ANY OF ITS RESPECTIVE INFORMATION PROVIDERS, LICENSORS, EMPLOY- EES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DIS- TRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER COMPUSERVE NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVER- ING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. MEMBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO THE THIRD PARTY CONTENT. 8. Except as expressly permitted in the Operating Rules, neither member nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive through the Service. 9. The provisions of paragraphs 7 and 8 are for the benefit of CompuServe and its respective Information Providers, Licensors, Employees, and Agents; and each shall have the right to assert and enforce such provisions directly on its own behalf. 10. Subject to the terms of this Agreement, CompuServe grants to member a personal, non-exclusive, nonassignable and nontransferable license to use and display the CompuServe Information Manager software ("Software") on any machine(s) of which member is the primary user. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Member may not sublicense, assign or transfer this license or the Software. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void. 11. This agreement is, and shall be governed by and construed in accordance with the law of the State of Ohio applicable to agreements, made and performed in Ohio. Any cause of action of member or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred. 12. If Member's account is a qualified business account and approved by CompuServe for corporate billing, charges for the services provided under this Agreement will be accumulated and identified by User ID number and will normally be invoiced following the end of the month in which the service is provided. Terms of payment on all charges are net, ten (10) days in the currency in which billed. If any payment due hereunder is not made by the member within thirty (30) days after the invoice date, late charges of one and one-half percent (11/2%) per month shall be due and payable with respect to such payment, and CompuServe may, in addition, at its sole discretion and without notice to the member, (a) suspend its performance under this agreement and the member's and its designated users' access to and use of the Service, or (b) terminate this agreement and member's and its designated users' access to and the use of the Service. For accounts not approved by CompuServe for corporate billing, member must provide payment by credit card or direct debit. 13. Notwithstanding any acknowledgement of a member purchase order by CompuServe, any provision or condition in any purchase order, voucher, or other memorandum of the member which is in any way inconsistent with, or adds to, the provisions of this agreement is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. The provisions of paragraphs 7, 9, and 13 and all obligations of and restrictions on member and its designated users shall survive any termination of this Agreement.
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