END-USER LICENSE AGREEMENT FOR PLUNKETT DATA DELIVERED ON CD-ROMS AND IN EBOOK FORMAT
Important, read carefully: This agreement is a legal agreement between you (whether as an individual or an organization) and Plunkett Research, Ltd. By installing, copying, downloading, accessing or otherwise using the Plunkett Data, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Plunkett Data.
The information (the "Data" or the "Plunkett Data") contained in this printed version or electronic file is the property of Plunkett Research, Ltd. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, protect the Plunkett Data.
LIMITED RIGHTS TO INSTALL DATA ON ELECTRONIC DEVICES: Plunkett Research, Ltd. grants you, as an individual or an organization, a non-exclusive license to use and and/or install this Data, including installation of electronic files on one individual desktop computer AND on one laptop computer AND one personal digital assistant or dedicated portable eBook reader (such as a Palm or iPaq). This is a limited license, which applies to a single user. Organizations desiring multi-user licenses may purchase additional rights at reasonable cost by contacting Plunkett Research, Ltd., 713.932.0000, www.plunkettresearch.com, email: customersupport@plunkettresearch.com.
LIMITED RIGHTS TO EXPORT OR COPY DATA, SUBJECT TO CONTINUED COPYRIGHT NOTICE: Limited exporting or copying of certain limited amounts of Data for creation of mailing lists, summaries and contact lists is allowed, PROVIDED THAT: 1) The exported Data is for use by one organization, company or individual only. 2) The exported Data will not be re-sold, posted to an Internet-based file, commercially published, or broadly distributed outside of the organization/corporation that has purchased the Plunkett Data. 3) Broad use, multi-premises use, or sharing outside of the organization that purchased the Plunkett Data is not allowed. 4) Violators will be subject to all penalties allowed by law. Rights under this license may not be sold or transferred. Data which may be exported or copied under the rights conferred through this paragraph may consist of any of the following: i. Up to 400 words of text; ii. Company names, addresses, telephone numbers, and executives with job titles; iii. Up to 2 tables or charts, PROVIDED THAT said Data is immediately followed by this information in a font size that is clearly legible and of no less than 9 points in size: Copyright (c) Plunkett Research, Ltd., www.plunkettresearch.com, all rights reserved.
LIMITED WARRANTY: While Plunkett Research, Ltd. has made an effort to obtain the Data from sources deemed reliable, Plunkett Research, Ltd. makes no warranties, expressed or implied, regarding the accuracy, the installation or usability of an electronic file, or any aspect of the Data contained herein whether in print or electronic version. The Data is provided to the End-User "AS IS" without warranty of any kind. No oral or written information or advice given by Plunkett Research, Ltd. or its employees, distributors or representatives will create a warranty or in any way increase the scope of this Limited Warranty, and the Customer or End-User may not rely on any such information or advice.
Among other things, this Limited Warranty applies to your ability to install an electronic file or software or such an installation's effects on your computer or other electronic devices. Plunkett Research, Ltd. assumes no liability and does not guarantee that this Data will install or function correctly on your computer or other electronic devices and further does not guarantee or accept any liability for the results of your attempt to install this Data, including any fault or dysfunction (including, but not limited to: computer viruses and/or alterations to computer files, registries or setups) to your computer or electronic devices that may be caused by installation or use.
Customer Remedies: Plunkett Research, Ltd. and its suppliers' entire liability and your exclusive remedy shall be, at Plunkett Research Ltd.'s sole discretion, either (a) return of the price paid, if any, or (b) repair or replacement of the product that does not meet Plunkett Research, Ltd.'s Limited Warranty and that is returned to Plunkett Research, Ltd. with sufficient evidence of or receipt for your original purchase.
NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLUNKETT RESEARCH, LTD. AND ITS SUPPLIERS AND DISTRIBUTORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLUNKETT RESEARCH, LTD. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ABILITY TO OBTAIN OR RETAIN EMPLOYMENT OR REMUNERATION, ABILITY TO PROFITABLY MAKE AN INVESTMENT, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION OF, USE OF, OR RELIANCE UPON THIS DATA, OR THE INABILITY TO USE THIS DATA (WHETHER IN ELECTRONIC OR PRINTED FORM) OR THE FAILURE OF PLUNKETT RESEARCH, LTD. TO PROVIDE SUPPORT SERVICES, EVEN IF PLUNKETT RESEARCH, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PLUNKETT RESEARCH, LTD.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END-USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.