ILM CORPORATION ICUD ONLINE LICENSE AGREEMENT
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THE
ONLINE PRODUCT. ILM CORPORATION IS THE SOLE AND EXCLUSIVE LICENSER
OF THIS ONLINE PRODUCT WHICH IS LICENSED UNDER THE TERMS OF THE
ONLINE LICENSE AGREEMENT PRINTED BELOW (hereinafter, "Agreement").
BY USING THE ONLINE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ
AND UNDERSTAND THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS. ILM Corporation EXPRESSLY DOES NOT AGREE TO
LICENSE THIS ONLINE PRODUCT TO YOU UNLESS YOU ASSENT TO THIS AGREEMENT.
IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING TERMS, YOU MAY, WITHIN
THIRTY (30) DAYS THE DATE OF COMMENCEMENT, NOTIFY ILM Corporation OF
YOUR DESIRE TO DISCONTINUE YOUR LICENSE AND YOU WILL BE CREDITED
WITH A FULL REFUND.
ILM Corporation is the sole and exclusive licenser of this online
product and retains authority for issuing any and all subsidiary
licenses. Except as expressly set forth herein, no part of the online
product may be modified, copied or distributed in hardcopy or machine-readable
form without prior written consent from ILM Corporation. All rights not
expressly granted are reserved by ILM Corporation. Any other use of the
online product by any person or entity is strictly prohibited and
a violation of this agreement.
Scope of Rights Licensed (Permitted Uses)
ILM Corporation grants a limited, non-exclusive, non-transferable
license to use the online product, in part or in whole, and to reproduce
a single copy of limited portions for internal or personal use provided
that a suitable acknowledgment is included on all copies in accordance
with the terms of this agreement. To request permission to make additional
copies of limited portions of the online product, contact email@example.com.
Upon remitting payment to ILM Corporation, you may use or provide access
to the online product only for employees, agents, representatives,
customers or patrons as follows:
Pursuant to this agreement, access is granted to the online product
for the limited purpose of searching the data contained in that
product. The Licensee is authorized to access this product from
networked terminals and permit concurrent usage by all Authorized
Users. "Authorized Users" are:
Persons Affiliated with Licensee. Full
and part time students and employees (including faculty, staff, affiliated
and independent contractors) of Licensee and the institution
of which it is a part, regardless of the physical location of such
persons. For Public Libraries, Authorized users include that
staff, and all persons holding a valid library card from Licensee’s
Walk-ins. Patrons not affiliated with Licensee
who are physically present at Licensee's site(s) ("walk-ins").
Except as otherwise set forth in this agreement, under no circumstances
may the data resident in this online product, in whole or in part,
be copied, modified, distributed, or made available in any media,
including, without limitation, electronic media, with or without
charge, to any persons other than you, your employees or your patrons.
You may not decompile, disassemble or otherwise reverse engineer
the software. In addition, data extracted from the online product
is to be used only in accordance with the terms of this agreement.
Restrictions on Transfer
This license is non-transferable and may not be sold,
assigned, transferred or sublicensed to any other person or entity,
including without limitation by operation of law, without the
prior written consent of ILM Corporation. Any purported sale, assignment,
transfer or sublicense without the prior written consent of ILM Corporation
will be void and will automatically terminate the license granted
This agreement covers all tangible embodiments of the online product,
including without limitation, the content and software resident therein, as well
as documentation and regular and special updates and supplements if stipulated
in the product description made available to you under this agreement.
Limited Warranty and Limitation of Liability
Neither ILM Corporation nor its Licensers represent or warrant
that the information contained in the online product is complete
or free from error, and neither assumes, and both expressly disclaim,
any liability to any person for any loss or damage caused by errors
or omissions, whether such errors or omissions are the result of
negligence, accident or any other cause. In addition, neither ILM Corporation
nor its Licensers makes any representations or warranties, either
express or implied, regarding the performance of your network or
computer system when used in conjunction with the online product.
ILM Corporation warrants that the online product will perform in substantial
compliance with the documentation and description of product
content supplied. If you report a significant defect in performance
writing to ILM Corporation, and ILM Corporation is not able to correct same
within sixty (60) days after its receipt of your notification,
you may cancel the online product license and request a refund.
EXCEPT FOR THE 60-DAY LIMITED WARRANTY RECITED ABOVE, ILM Corporation,
ITS AFFILIATES, LICENSERS, SUPPLIERS AND AGENTS MAKE NO WARRANTIES,
EXPRESSED OR IMPLIED, WITH RESPECT TO THE ONLINE PRODUCT, INCLUDING
WITHOUT LIMITATION THE SOFTWARE OR THE DATA RESIDENT IN THE ONLINE
PRODUCT, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL ILM Corporation,
ITS AFFILIATES, LICENSERS, SUPPLIERS OR AGENTS, BE LIABLE TO
YOU FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL
OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY
TO USE THE ONLINE PRODUCT REGARDLESS OF WHETHER SUCH DAMAGES
ARE FORESEEABLE OR WHETHER SUCH DAMAGES ARE DEEMED TO RESULT
FROM THE FAILURE OR INADEQUACY OF ANY EXCLUSIVE OR OTHER REMEDY.
This Agreement shall be interpreted and construed according to,
and governed by, the laws of Virginia and the United States
of America. The federal or state courts covering Virginia
shall have jurisdiction to hear any dispute under this Agreement.