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- IMPORTANT: USE OF DDA COMPACT DISCS CONSTITUTES ACCEPTANCE OF
- THE FOLLOWING TERMS AND CONDITIONS.
-
- 1. Use Restrictions: This product a) may be used only by the purchasing
- end-user and may not be made available for any other use by any load, rental,
- service bureau, or other arrangement; b) may only be used for reference
- purposes; use for commercial direct mail or telemarketing of more than 50
- listings per month is strictly prohibited; c) may be used only in conjunction
- with a single microcomputer permitting access by one individual user at one
- time; and d) may not be made available to multiple users at one time through
- networking or any other means.
-
- 2. Proprietary Rights: Customer acknowledges that the Databases are
- proprietary to DDA, or its suppliers, that they shall remain the exclusive
- property of DDA, or its suppliers, and that Customer shall have no rights
- therein other than as set forth herein. The Databases or information
- contained therein may not be sold, duplicated, transferred or in any other
- manner commercially exploited. Customer agrees to take reasonable measures
- to ensure that such unauthorized use is not achieved.
-
- 3. Proprietary Rights In and Responsibility for Software: Customer
- acknowledges that the compact discs contain search and retrieval software
- that DDA is hereby sublicensing to Customer on a non- exclusive basis for the
- limited purpose of manipulating the data contained on the compact discs.
- Customer acknowledges that such Software comprises valuable proprietary and
- confidential information which is legally protected under trade secret and
- copyright laws. Customer is not authorized to reverse compile or reverse
- assemble the Software or otherwise attempt to reveal the proprietary
- programming techniques and structures used in the Software. The customer is
- not authorized to duplicate, transfer, sell, or in any commercial manner,
- exploit the Software.
-
- 4. Disclaimer of Warranty and Limited Warranty/Final Expression of
- Agreement: THE COMPACT DISCS, DATABASES, AND SOFTWARE ARE PROVIDED "AS IS"
- WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED
- WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF
- MERCHANTABILITY. DDA DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS
- REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THE
- ACCURACY, RELIABILITY, CURRENT NESS, OR OTHERWISE OF THEIR CONTENTS OR
- PRODUCT. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE COMPACT
- DISC IS ASSUMED BY THE CUSTOMER. DDA'S SOLE LIABILITY SHALL BE TO REPLACE
- THE COMPACT DISC IN THE EVENT THE COMPACT DISC ITSELF, AS OPPOSED TO THE
- SOFTWARE OR DATABASE ENCODED THEREIN, IS DEFECTIVE . If failure of the
- materials has resulted from accident, abuse, or misapplication, DDA shall
- have no responsibility to replace the Materials.
-
- NEITHER DDA NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
- PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT,
- INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
- BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE
- LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF DDA
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- Prior to the execution of this Agreement, Customer may have received written
- or oral statements about the Materials provided hereunder. Such statements
- do not constitute warranties, shall not be relied on by the Customer, and are
- not a part of this Agreement. The entire Agreement between the parties is
- embodied in this writing.
-
- 5. General: Any cause of action brought by any party against the other
- based upon the terms of this Agreement shall be brought within one year of
- the accrual of the cause of action. Any question concerning the validity,
- construction, or performance of this Agreement shall be governed by the laws
- of the State of Maryland. Any questions about this license should be
- directed to: Digital Directory Assistance, Inc. 5161 River Road, Bethesda,
- Maryland, 20816.
-