This is a contract. By purchasing this U.S. Gazetteer ("the Service") you ("the User") accept all the terms and conditions of this Agreement.
Upon your acceptance of this Agreement, Satori Publishing ("the Company") grants to you a nonexclusive license to use the data from the Service ("Data"), provided that you agree to the following:
Restrictions of the Service
The User may use the Data in publications, websites, or software, or resell the Data to others.
Pricing of the Service
Pricing for the service is set at US$9.99 per dataset.
Modifications to the Service
The Company reserves the right to modify or discontinue the Service with or without prior notice to the User. The Company shall not be liable to the User or any third party should The Company exercise its right to modify or discontinue the Service.
Limitation of Liability
The Company will not be responsible for events or conditions, beyond its control, which prevents the Company from providing the Service, including, but not limited to, technical difficulties, "Acts of God", war (declared or undeclared) or Internet connectivity issues.
Acceptance of Liability
Liability due to abeyance of the Service due to circumstances within the control of Company will be limited to extending the User's subscription term accordingly.
Although we strive for completeness and accuracy, this Service and its concomitant Data is being delivered to you AS IS and the Company makes no warranty as to its use, accuracy or performance. THE COMPANY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE DATA OR DOCUMENTATION. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
No refunds will be given, unless the Company chooses to completely discontinue the Service, in which refunds may be prorated from the time of the complete discontinuation of the Service to the scheduled end of the User's subscription.
Copyright and Trademark Rights
The Data is owned by the Company, and its structure, organization and code are the valuable trade secrets of the Company. The Data also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with this Agreement and to identify printed output produced by the Data, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Data.
Governing Law and General Provisions
This Agreement will be governed by the laws of the State of Indiana, a state of the United States of America, excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of the Company.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This License shall be governed by the laws of the State of Indiana, counties of either La Porte or Porter, without regard to Indiana choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Indiana, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by the Company herein. Any waiver by the Company of any violation of this License by you shall not constitute, nor contribute to, a waiver by the Company of any other or future violation of the same provision, or any other provision, of this License.
Unpublished-rights reserved under the copyright laws of the United States. Satori Publishing, P.O. Box 8566, Michigan City, Indiana 46361-8566. The Data and the Service is void where prohibited.