Esmarts' NetPak Subscription Agreement
SCOPE OF PERMITTED USE
The Subscription is for your individual use, solely for internal use by you for your business, or for your own personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from the Subscription without the prior written consent of Providers. You may not disassemble, decompile or otherwise reverse engineer all or any portion of Subscription web services or the content. You acknowledge that the Subscription, including the content, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export Subscription content directly or indirectly, to any countries that are subject to U.S. export restrictions.
LINKS TO THIRD PARTY SITES
The Subscription may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Providers and providers are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
THE INFORMATION, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH SUBSCRIPTION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO SUBSCRIPTION SERVICE AND TO THE INFORMATION THEREIN. PROVIDERS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN SUBSCRIPTION SERVICE AT ANY TIME, WITHOUT NOTICE. THE USER ASSUMES ALL RISK OF USE. PROVIDERS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN SUBSCRIPTION SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PROVIDERS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PROVIDERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SUBSCRIPTION, WITH THE DELAY OR INABILITY TO USE SUBSCRIPTION, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH SUBSCRIPTION, OR OTHERWISE ARISING OUT OF THE USE OF SUBSCRIPTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
COPYRIGHT AND TRADEMARK NOTICES
ElectricSmarts, Smart eCat, Smart eData, and NetPricer referenced herein are trademarks or registered trademarks of Providers. The names of actual companies and products referenced in Subscription may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.