Terms and conditions
General Terms and Conditions
Effective September 1, 2013
The following terms and conditions govern your use of the LexisNexis Business Information Solutions BV ("LN") services (the "Online Services") and the materials available therein ("Materials"):
LICENSE; RESTRICTIONS ON USE
1.1 You are granted a nonexclusive, non-transferrable, limited license to access and use for research purposes the Online Services and Materials from time to time made available to you. This license includes:
(a) The right to electronically display Materials retrieved from the Online Services to no more than one person at a time, subject to the Supplemental Terms for Specific Materials;
(b) The right to obtain a printout of Materials via printing commands of the Online Services and to create a single printout of Materials downloaded via downloading commands of the Online Services or your web browser (collectively, "Authorised Printouts");
(c) With respect to Materials that are court cases, court rules, court briefs, agency‑issued documents, agency regulations or executive branch materials from the United States, its states or territories (collectively, "Authorised Legal Materials"), the right to retrieve via downloading commands of the Online Services or your web browser and store in machine-readable form, primarily for one person's exclusive use, a single copy of insubstantial portions of those Materials included in any individual file to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials;
(d) With respect to Materials that are United States patents ("Authorised Patent Materials"), the right to retrieve via downloading commands of the Online Services or your web browser and store in machine‑readable form, primarily for one person's exclusive use, a single copy of not more than 200 patents at any one time; and
(e) With respect to all Materials other than Authorised Legal Materials and Authorised Patent Materials, the right to retrieve via downloading commands of the Online Services or your web browser and store in machine‑readable form for no more than 90 days, primarily for one person's exclusive use, a single copy of insubstantial portions of those Materials included in any individual file to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials.
(f) Insubstantial electronic copies of the Material maybe stored beyond the time restriction referred to in clause 1 (e) where (i) the Material has been incorporated into advice provided to a specific client in respect of a specific matter; and/or (ii) the Material is required to be kept for some legal , regulatory or evidential requirement. This clause is subject to the overriding obligation upon You not to create your own independently searchable database of the Material. This clause is also restricted to the extend the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials.
1.2 To the extent permitted by applicable copyright law and not further limited or prohibited by the Supplemental Terms for Specific Materials, you may make copies of Authorised Printouts and distribute Authorised Printouts and copies.
1.3 Except as specifically provided in Sections 1.1 and 1.2, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Online Services. You may not print or download Materials without using the printing or downloading commands of the Online Services or your web browser.
1.4 All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to LN or its third party suppliers of materials. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
1.5 Except as specifically provided herein, you may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes the copyrights or proprietary interests therein.
1.6 RELX Group and the RE symbol are trade marks of Reed Elsevier Properties SA, used under license.
1.7 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Online Services.
1.8 You may not use information included in the Online Services or Materials retrieved from the Online Services to determine a consumer's eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.
1.9 Other provisions that govern your use of Materials are set forth in your applicable price schedule, the Supplemental Terms for Specific Materials, online descriptions of files, online notices following file selection, and individual documents retrieved from the Online Services (collectively, the "Additional Terms"), all of which are incorporated by reference into these General Terms and Conditions.
2. ACCESS TO SERVICES
2.1 Subject to clause 2.2 below, only employees authorised by the subscribing organisation may access and use the Online Services.
2.2 You may not use an identification number to access the Online Services from outside the country for which it was issued.
2.3 Your identification number(s) may be restricted from accessing certain Materials otherwise available in the Online Services.
2.4 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice.
3. LIMITED WARRANTY
3.1 LN represents and warrants that it has the right and authority to make the Online Services and Materials available pursuant to this Agreement.
3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND LN AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Materials, (c) Subscriber's use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
4.2 "Covered Party" means (a) LN, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of LN or its affiliates; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates.
4.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES EXCLUDING ANY LOSS OF PROFIT OR BUSINESS. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
5.1 If not otherwise agreed, this agreement is for the minimum period specified in the Price Plan Period (the PPP). In the event that no Notice of termination has been received by LN prior to 90 days before expiry of the PPP, this Agreement shall continue for a further renewal period of 12 months. In such circumstance, the total annual price paid by the Subscriber will be the annual price of the preceding year plus, and so on for subsequent years. This Agreement, including the Additional Terms, may be changed from time to time as described below or by written agreement.
5.2 Either party may terminate the subscription for access to the Online Services. You may terminate this agreement by giving LN at least 90 days' written notice, to expire the day before the anniversary of the Term Date or minimum period (whichever is the longer) as specified in the Order Form. LN may terminate this agreement by giving at least 60 days' notice. LN's only obligation in this event shall be the pro rata refund of any charges paid in advance. LN may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
5.3 LN may terminate this agreement forthwith on notice without compensation if (a) you enter into a composition with your creditors, or (b) an order is made for the winding up of your organisation, or (c) an effective resolution is passed for the winding up of your organisation (other than the purpose of amalgamation or reconstruction on terms approved by LN), or (d) a receiver, manager, administrative receiver or administrator is appointed in respect of all or any part of your business or assets.
5.4 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by LN. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Notices to LN should be sent to your account representative.
5.5 The failure of either party or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
5.6 You may not assign any rights or delegate any duties under the subscription to access the Online Services without the prior written consent of the provider of LN.
5.7 This Agreement and the Additional Terms shall be governed by Dutch Law.
5.8 Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary. We will use personal information collected about Authorised Users for the purposes of (a) providing access to and use of the Online Services to Authorised Users, (b) providing customer support, billing and other similar activities related to the Online Services, and (c) keeping Authorised Users informed about products, services, offers and upcoming events and to improve our services.
5.9 In accordance with the "Wet bescherming persoonsgegevens", we will provide and export personal information about Authorised Users to the other members of our group, including Reed Elsevier Inc. in the United States, for the purposes mentioned under 5.8. We may also provide personal information about Authorised Users to third parties for the purpose of providing Authorised Users with direct marketing offers which we think may be of interest. If you do not wish to receive information about other products, services, offers and events, notify us in writing.
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