RIGHTS OF USE - License; Copyright; Restrictions

1. Under this Agreement, the User receives a nonexclusive, nontransferable right and license to use, but not to own, the data set (and any associated formats) according to the following terms (referred to as the "Data"). The User recognizes and agrees that the Data is the confidential, proprietary and/or trade secret property of BBDC and is protected by applicable copyright, trademark, patent, trade secret laws or other intellectual property rights. The User may store in memory, analyze, reformat, print and display the Data, but such use may only be for User’s internal business purposes of writing loader software, compatibility testing and interfacing with User’s own applications, but not for retransmission, license, sale, distribution or use by or for third parties. The User agrees that it will not disclose or make the Data available to a competitor of BBDC.
2. INJUNCTIVE RELIEF. A breach of Section (a) by User would irreparably harm BBDC in a way that could not be adequately and compensated for by damages. Consequently, BBDC shall have the right, in addition to any other rights or remedies it may have arising out of the breach, to obtain temporary, preliminary and permanent injunctive relief without the necessity of proving actual damages and without any bond or other security being required. Indemnity. The User agrees to indemnify and hold BBDC, its affiliates, parents, and third party vendors from whom BBDC has obtained marketing rights, harmless from and against any claims, damages and expenses, including reasonable legal and professional fees, arising from or in connection with all use of the Data.

DISCLAIMER OF OTHER WARRANTIES

Data is provided "as is" and use of the data is at User’s sole risk. Neither BBDC, its affiliates, parent nor third party vendors make any warranty of any kind, express or implied, including, but not limited to:

1. warranties of merchantability or fitness for a particular purpose;
2. warranties regarding the correctness, accuracy or reliability of any data;
3. warranties regarding results User may obtain from using the data; or
4. warranties that any data or other file offered or accessible will be free of infection by "viruses", "worms", "trojan horses" or other contaminating or destructive properties.

LIMITATION OF LIABILITY

Under no circumstances, including negligence, will BBDC or any of its affiliates, parents or third party vendors be liable for any incidental, special, or consequential damages resulting from the use of the data even if BBDC has been advised of the possibility of such damages.
 

For questions, comments and assistance with this webpage please call our Tech Support line at 800-762-3057 or e-mail bartinfo@blackbartdata.com.