FORTUNE Database License
1. Proprietary Rights
As between you and Time Inc., Time Inc. owns, solely and exclusively, all rights, title and interest in and to the FORTUNE Database, including code and data, the look and feel, design and organization, and the compilation of the content, code, and data on the FORTUNE Database, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. The FORTUNE Database includes copyrighted content, protected trademarks, and other proprietary information. The FORTUNE Database is protected as a collective work under the United States copyright laws. Time Inc. owns copyright in the selection, coordination, arrangement and enhancement of content in the FORTUNE Database, as well as in the content original to FORTUNE.
2. Scope of License
The FORTUNE Database is licensed, not sold, to you by Fortune, a division of Time Inc. (“Fortune”). Fortune reserves all rights not expressly granted to you in the License. The License is limited to a non-exclusive, non-transferable, non-assignable, revocable license to access a copy of the FORTUNE Database for personal, non-commercial use. The License does not allow you to make the FORTUNE Database available over a network, or on multiple devices at the same time. You agree that you will not circumvent any technological controls designed to prevent unauthorized access to the FORTUNE Database.
3. Prohibited Uses
Except as otherwise expressly permitted under United States copyright law or this License, no reproduction, distribution, publication, performance, broadcast, loan, sharing, transfer, sale, sublicense or commercial exploitation of the FORTUNE Database, or its associatedcontent, code, or data, in whole or in part, will be permitted. In the event of any authorized copying, redistribution or publication of copyrighted material, no changes in or deletion of trademark or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by using any copyrighted material, trademarks or other proprietary content, code, or data contained within the FORTUNE Database.
FORTUNE® and the FORTUNE Database trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the FORTUNE Datastore are trademarks of Time Inc. All Trademarks not owned by Time Inc. that appear on the FORTUNE Datastore, if any, are the property of their respective owners.
5. User Information
(B) You acknowledge and agree that you are solely responsible for the accuracy and content of User Information. You will provide accurate and complete name, street address, e-mail address, credit card account, and any other information requested at point of order. You may not select or use a name, e-mail address, credit card or other information of another person with the intent to impersonate that person or without that person’s prior authorization. If you purchase access to the FORTUNE Database, you hereby represent and warrant that you are at least 18 years old andyou agree to pay in full with your online order the price(s) quoted on the FORTUNE Datastore by credit/debit card or other means specified on the FORTUNE Datastore, and you agree to pay all applicable taxes. If your payment is not received from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand.
6. License Term
The License is effective until terminated by you or Fortune. Your rights under this License will terminate automatically without notice from Fortune if you fail to comply with any term(s) of this License. Upon termination of the License, you shall cease all use of the FORTUNE Database, and delete all copies, full or partial, of the FORTUNE Database in your possession or control.
7. Unauthorized Use
If you become aware of any unauthorized use of the FORTUNE Database, you agree to notify Fortune immediately at email@example.com.
8. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FORTUNE DATABASE IS AT YOUR SOLE RISK. FORTUNE DOES NOT REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE FORTUNE DATABASE. YOU ACKNOWLEDGE AND AGREE THAT FORTUNE MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY USE OF THE INFORMATION CONTAINED IN THE FORTUNE DATABASE FOR MARKETING, PROMOTIONAL OR OTHER COMMERCIAL PURPOSES. FORTUNE, ITS AFFILIATES, AGENTS, AND SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY USE OF THE INFORMATION CONTAINED IN THE FORTUNE DATABASE. YOU ARE ADVISED TO SEEK YOUR OWN LEGAL COUNSEL REGARDING USE OF INFORMATION CONTAINED IN THE PRODUCTS FOR MARKETING, PROMOTIONAL OR OTHER COMMERCIAL PURPOSES.
B. ACCESS TO THE FORTUNE DATABASE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS LICENSE. FORTUNE MAKES NO WARRANTY THAT THE FORTUNE DATABASE WILL BE FREE OF ERRORS OR VIRUSES.
C. FORTUNE AND ITS AFFILIATES, AGENTS AND SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE FORTUNE DATABASE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN ANSWERS TO FREQUENTLY ASKED QUESTIONS AND ELSEWHERE ON THE FORTUNE DATASTORE OR IN COMMUNICATIONS WITH FORTUNE, ITS AFFILIATES, AGENTS, AND SUPPLIERS.
D. IN NO EVENT WILL FORTUNE, ITS AFFILIATES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF: THE USE OF OR INABILITY TO USE THE FORTUNE DATABASE, OR ANY INFORMATION CONTAINED THEREIN, OR THE BREACH OF ANY WARRANTY OR THIS LICENSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL LIABILITY OF FORTUNE, ITS AFFILIATES, AGENTS AND SUPPLIERS IN CONNECTION WITH THE FORTUNE DATASTORE EXCEED THE AMOUNTS PAID BY YOU DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE ON WHICH CUSTOMER'S OR ANY THIRD PARTIES' CLAIM AROSE.
This License constitutes the entire agreement between Fortune and you with respect to the FORTUNE Database and the FORTUNE Datastore, and supersedes all previous written or oral agreements between Fortune and you with respect to the FORTUNE Database and the FORTUNE Datastore. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Fortune’s or your failure to exercise or enforce any right or provision of the License will not constitute a waiver of such right or provision. If any provision of the License is found by a court of competent jurisdiction to be invalid, the other provisions of the License remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.All parties to these terms and conditions waive their respective rights to a trial by jury.
10. Applicable Laws
The FORTUNE Database is supplied from our offices in the United States of America. Fortune does not represent that access to or use of the FORTUNE Database is appropriate in other countries. If you choose to access the FORTUNE Database from other countries, you are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that any cause of action that may arise under the License will be filed and be adjudicated in the federal or state courts in the County of New York, State of New York, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York.