Terms & Conditions

DATASTREAM CONTENT SOLUTIONS, LLC
END USER LICENSE AGREEMENT
Potomac Publishing Company® Services

DATASTREAM CONTENT SOLUTIONS, LLC (“DATASTREAM”) IS WILLING TO LICENSE THE SERVICE (AS DEFINED BELOW) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT THE TERMS CONTAINED IN THIS LICENSE. BY CLICKING ON THE “YES” BUTTON, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD CLICK THE “NO” BUTTON AND YOU WILL NOT BE GIVEN ACCESS TO THE SERVICE.

Definitions

(a) “Agreement” means this End User License Agreement.

(b) “Service” means the information display, search and retrieval services offered by DataStream on the Web Site as the Potomac Publishing Company services.

(d) “Documentation” means the user guides, reference manuals, installation materials and other written materials relating to the Service which DataStream makes available at the Web Site.

(e) “Web Site” means the Internet site located at www.potomacpublishing.com.

Limited Use License

DataStream grants to you the nontransferable, non-exclusive right, without the right to sublicense or rent, to access the Web Site and use the Service for research purposes, limited to (a) the right to electronically display the Materials to no more than one person at a time; (b) the right to obtain a printout of Materials via printing commands of the Service; and (c) the right to retrieve a single copy of Materials via downloading commands of the Service, to store such copy in machine-readable form and to create a single printout of such copy, in each case primarily for one person's exclusive use. You may physically transfer the Service from one computer to another provided that the Service is used only on one computer at a time.

Other than works prepared by an officer or employee of the United States government, you may not (i) modify or translate the Service, the Materials or the Documentation or (ii) cause or permit the disclosure, copying, renting, licensing, sublicensing, leasing, dissemination or other distribution of the Service, the Materials or the Documentation by any means or in any form, in each case without the prior written consent of DataStream. You may not use the Service to conduct a service bureau or similar business for the benefit of third parties.

Title

Other than works prepared by an officer or employee of the United States government, (i) DataStream (or its licensors) retains all rights, interest, title and ownership of the Service, the Materials, the Documentation and all other intellectual property owned by it, including patents, copyrights, trademarks, trade secrets, and other proprietary rights applicable thereto, and all copies, regardless of the form or media on or in which the original or any copy may exist and (ii) the Service, the Materials, the Documentation and all other intellectual property owned by DataStream (or its licensors) are protected by United States and other applicable laws and by international treaty provisions. Except as stated herein, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect of the Service, the Materials or the Documentation.

Confidentiality

You acknowledge that the Service, the Materials and the Documentation contain proprietary and confidential property of DataStream and/or DataStream’s licensors (collectively, “Confidential Information”). Except as expressly provided herein, you will not disclose, provide or otherwise make available any such Confidential Information to any third parties.

Disclaimer Of Warranties And Conditions

THE SERVICE, THE MATERIALS AND THE DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATASTREAM AND/OR ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE OR DOCUMENTATION, THEIR TITLE OR NON-INFRINGEMENT OF THIRD PARTY’S RIGHTS, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICE, THE MATERIALS AND THE DOCUMENTATION IS WITH YOU.

Some jurisdictions do not allow the exclusion or limitation of relief, incidental or consequential damages, so the above limitation or exclusion may not apply to you if you reside in one such jurisdiction.

Limitation of Liability

IN NO EVENT WILL DATASTREAM OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF USE, OR LOSS OF ANTICIPATED PROFITS) RESULTING FROM THE SERVICE, THE MATERIALS OR THE DOCUMENTATION, EVEN IF DATASTREAM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM A PARTY’S GROSS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

DATASTREAM’S OR ITS LICENSORS’ LIABILITY TO YOU OR ANY RELATED THIRD PARTY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT OF FEES PAYABLE BY YOU HEREUNDER FOR THE SERVICE TO THE DATE OF OCCURRENCE OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special, punitive or indirect damages, or the limitation of liability to specified amounts, so the above limitation or exclusion may not apply to you if you reside in one such jurisdiction.

Termination of the Services

You may terminate your use of the Service by notifying DataStream of the termination of your subscription at [email protected]. Your access to the Service will be terminated if you fail to comply with any term or condition contained herein. In either case, you will not be entitled to a refund of any subscription fees for the unused remainder of your subscription period. Notwithstanding any termination of your use of the Service, the provisions of this Agreement shall survive.

U.S. Government Restricted Rights

If you are using the Service on behalf of any unit or agency of the United States Government, this Service and Documentation are provided with “Restricted Rights”. Use duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) and the “Commercial Computer Software -- Restricted Rights” at 48 FAR 52.277-19, as applicable. The manufacturer of the Service is DataStream Content Solutions, LLC, 387 Technology Drive, College Park, MD 20742.

Export

You acknowledge that the Service, Documentation and/or technical data associated therewith (“Technical Data”) are subject to the export control laws of the United States. You agree that you shall comply with all applicable U.S. export control laws and regulations, and shall not export or re-export the Service, Documentation and/or Technical Data, or direct products thereof, except as authorized by U.S. law.

Without limiting the foregoing, you acknowledge that you are not a person or entity prohibited from receiving U.S. exports or a person or entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons. You further acknowledge that (i) you are not located in, and (ii) are not a national of any U.S.-embargoed country or area. You agree not to export, re-export, or otherwise disclose the Service, Documentation and/or Technical Data to any national of any U.S.-embargoed country or area, or to any other person or entity prohibited from receiving U.S. exports or to any entity which engages in the development, production, or stockpiling of missiles or nuclear, chemical, or biological weapons.

Without limiting any of the foregoing, in the event you export the Service, Documentation or Technical Data from the country in which you first received it, you assume the responsibility for compliance with all applicable export and re-export regulations, as the case may be.

General

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements pertaining to the subject matter hereof. This Agreement shall not be amended, altered or changed by any purchase order or other instrument submitted by you, whether formally rejected by DataStream or not. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and shall not affect the enforceability of any other provision of this Agreement. You shall be responsible for and shall pay, and shall reimburse DataStream on request if DataStream is required to pay, any sales, use, value added (VAT), consumption or other tax (excluding any tax that is based on DataStream’s net income), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on the Service, the Materials or the Documentation.

Respect for Rights and Indemnification

You agree that you shall only use the Service, the Materials and the Documentation in a manner that complies with all applicable laws in the jurisdiction in which you use the Service, the Materials or the Documentation, including but not limited to, applicable restrictions concerning copyright and other intellectual property rights. This Service is intended for use only with properly licensed media and content. It is your responsibility to ascertain whether any copyright, patent, or licenses are necessary and to obtain any such licenses to duplicate, modify, transmit, distribute, and/or create or compress such media or content. You agree to indemnify, defend, and hold harmless DataStream and its affiliates, licensors, suppliers, officers, directors, employees and agents from and against any and all losses, damages, costs, expenses (including reasonable court costs and attorneys’ fees), fines, or claims arising from or relating to any claim (i) connected with your use of the Service; or (ii) that the Service and Documentation was used by you in connection with the duplication, modification, transmission or distribution of or any other action relating to any content or materials in violation of another party’s rights or in violation of any law.

You may not use the Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

Choice Of Law

This Agreement will be governed by the laws in force in the State of Maryland excluding the application of its conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. With respect to any disputes arising under this Agreement, the parties agree to the exclusive jurisdiction of the state and Federal courts located in the State of Maryland.