for All Digital Product Downloads
1. Proprietary Rights. Unless otherwise noted, all written and/or other materials that are part of our download, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Except as provided in Paragraph 2 below or authorized or licensed to Subscriber in writing, Subscriber may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease, or rental of, create derivative works from, or in any way exploit any of, the Content, in whole or in part. All Content is copyrighted as a collective work under United States and international copyright laws, and as between Subscriber and BNi, BNi owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. The BNi trademarks, logos and other trademarks on our download are the property of their respective owners and are owned by, licensed to, or, where required, used with permission of BNi, and, as such, may not be reproduced, copied, or manipulated in any manner without the express written approval of the trademark owner.
2. Your Use of the download.
a. The download and the Content are intended solely for use by one Subscriber working at one computer workstation (“Workstation”). You acknowledge and agree that the download may permit Subscriber to copy or download portions of the Content and/or other downloadable materials displayed on the download (“Excerpts”), but BNi may restrict or impose limitations on Subscriber’s ability to copy or download Excerpts, in BNi’s sole and absolute discretion. With respect to such Excerpts, Subscriber agrees to leave intact all copyright, trademark and other proprietary notices contained in such material, and will not modify or alter the material or copy or post the material on any network computer or broadcast the material in any media whatsoever. Subscriber may not modify, transmit, distribute, use or reuse, repost or “frame” the Content for public or commercial purposes without express written permission from an authorized representative of BNi. No right, title or interest in any Content is transferred to the Subscriber as a result of the Subscriber’s downloading or copying of an Excerpt. Except as noted above, Subscriber shall not publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the download, Excerpts or any related intellectual property. As a condition of using the download, Subscriber agrees that if BNi, in its sole and complete discretion, requests in writing that Subscriber remove any link or links to the download, Subscriber will promptly do so. Subscriber further agrees that BNi may, in its sole and complete discretion and at any time, terminate Subscriber’s access to and use of our download, or any part thereof, with or without notice to Subscriber.
b. Subscriber agrees not to tamper with our download, misrepresent Subscriber’s identity, conduct fraudulent or unauthorized activities in connection with our download, or use agents to do any of the same. Subscribers are prohibited from violating or attempting to violate the security of our download, including, without limitation, (i) accessing the download from more than one Workstation at one time; (ii) providing Subscriber’s access information to others, and/or allowing others to access the download using Subscriber’s access information; (iii) accessing data not intended for such Subscriber or logging onto a server or into an account which the Subscriber is not authorized to access; (iv) using our download for unintended purposes or trying to change the behavior of our download; (v) attempting to probe, scan or test the vulnerability of the download; (vi) attempting to interfere with other Subscribers’ access to the download, including without limitation, via means of submitting a virus to our download, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (vii) forging communications on behalf of our download (impersonating our download), or to our download (impersonating as a legitimate Subscriber). Sending unsolicited and unauthorized e-mail on behalf of BNi, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our download or any activity being conducted on this download. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search or remove Excerpts from our download other than the tool or tools provided by the download or by generally publicly available and acceptable Internet browsers. If and when requested, you agree to provide true, accurate and complete Subscriber information to BNi.
4. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, WHETHER CONTAINED IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL BNI'S AGGREGATE LIABILITY HEREUNDER EXCEED THE AMOUNT OF THE FEES PAID HEREUNDER TO BNI IN THE SIX MONTHS PRIOR TO THE DATE ANY DAMAGES WERE INCURRED. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION AND CLAIMS IN THE AGGREGATE, AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. Errors, Corrections and Changes. Occasionally there may be information on our download that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies, or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.
8. Indemnity. You agree to indemnify, defend and hold harmless BNi, its agents, employees, partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including reasonable attorneys’ fees, as incurred) related to your violation of this Agreement or in connection with your use.
11. Miscellaneous. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between Subscriber and BNi with respect to the download, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Subscriber and BNi with respect to the download. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.