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Data Digital Pages® and Flash Data Digital
Pages Elite® are registered trademarks of Flash Data
Incorporated. Any use of the Digital Pages® or
Digital Pages Plus® names is strictly prohibited.
Information in our promotional materials, web site, and any
others materials are subject to change without notice. Companies,
names, and data used in examples herein are fictitious unless
otherwise noted. No part of this web site, promotional materials
may be reproduced or transmitted in any form by any means,
electronic or mechanical, for any purpose, without the express
written permission of Flash Data Incorporation.
Flash Data support services
are subject to Flash Data then-current prices, terms, and
conditions, which are subject to change without notice.
Flash Data Incorporation may have patents
or pending patent applications, trademarks, copyrights,
or other intellectual property rights covering subject matter
on this web site or any other places.
The furnishing of this web site or any documents,
files, programs or any others materials does not give you
or any company or individual any license to these patents,
trademarks, copyrights, or other intellectual property rights
except as expressly provided in any written license agreement
from Flash Data.
Any names of
companies, trademarks, logos mentioned or published are
registered trademarks of respected owner(s) or companies.
Product availability and pricing are subject
to change without notice.
This data is believed to be
accurate, but is not guaranteed 100 percent.
This software can be legally
installed on only one (1) computer at a time. If you are
installing the software on a second computer, you are breaking
the license agreement. This software and data is protected
by copyright law. Unauthorized reproduction, transfer by
modem, copying, storing on electronic bulletin boards for
illegal distribution or any kind of distribution know to
man, of this program or any portion of it will result in
severe civil and criminal penalties and you will be prosecuted
to the maximum extent under law.
BY OPENING THE SOFTWARE ENVELOPE,
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU
FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT AND SUPERSEDES ANY PROPOSAL DEALINGS, WHETHER
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO
THE SUBJECT MATTER OF THIS AGREEMENT.
Software License Agreement
This software and data are
the property of Flash Data, Inc. (the Company), the copyright
owner. It only licenses the software's use in the United
States and Puerto Rico; it does not transfer ownership of
this copy. In addition, you assume responsibility for the
selection of the software to achieve your intended results
and for the installation, use, and results obtained from
the software and data.
License
You May Only: a. use this
software in conjunction with the Company's products; b.
copy the software in machine readable form only as necessary
to use it and as necessary to create one archive copy of
this software; and c. transfer this software to another
person only if that person agrees to and accepts the terms
and conditions of this license.
These are the only rights
granted. Among other things, you may not: rent, lease, modify,
translate, disassemble, decompile, reverse engineer, or
create derivative works based upon the software and data.
If you fail to comply with any terms of this license agreement,
YOUR LICENSE IS AUTOMATICALLY TERMINATED.
This license is effective
until terminated. You may terminate it at any time by destroying
the software together with all copies. You agree upon such
termination to destroy the software together with all copies.
In addition, the Company from
time to time updates its software for registered users.
If you are not registered, you acknowledge that you may
not receive an update. In the event you receive an update,
you agree to replace this software with the updated version
an acknowledge that the update will be governed by the terms
of this license also. Licensee agrees to use the information
contained in the Database in accordance with local, state and
Federal laws. The information will not be used to engage in
any method, act, or practice, which is unfair or deceptive in
the advertisement of goods, services, or real estate.
Furthermore, it will not be used in conjunction with any
solicitation that features presumed knowledge about the
individuals to whom the solicitation is directed.
Licensee acknowledges that they have read and understand the
Federal Drivers Privacy Protection Act of 1994 (DPPA) and
understand the defined legal uses of personal information
such as name, address, Date Of Birth, SSN, etc detailed in
the Act and summarized below. Licensee represents herein
that personal information will be requested for the following
permissible use(s) only:
a. For government agency or private entity acting on behalf of a Federal, State or Local agency.
b. For matters of vehicle or driver safety and theft; emissions; product alterations, recalls or advisories.
c. To verify information submitted by individual; if information not correct, to obtain correct information to prevent fraud, pursue legal remedies against recovery of a debt.
d. In connection with a court proceeding.
e. Research and statistical analysis; personal info cannot be published, re-disclosed, used to contact person.
f. Insurance underwriting, rating, claims and antifraud.
g. Owner notice regarding towed or impounded vehicles.
h. Public Investigator or licensed security service use subject to DPPA additional restrictions.
i. By employer/agent/insurer to obtain info relating to holder of Commercial DL as required by the CMVSA.
j. Operation of Private toll transportation facilities.
k. If state has ‘opt out’ any other legal use.
l. If state has ‘opt out’ Bulk Distribution.
m. With written consent of individual to whom the information pertains.
n. Use specifically authorized by a state law.
o. Resale for a DPPA permitted use, excluding 'k', 'l'.
Licensee shall also agree to be bound by Florida Statutes 319 and 320.
Any violations of DPPA or Florida Statues by Licensee shall be a violation
of the conditions of this Database Agreement.
1993-2007
Flash Data Incorporated. All rights reserved. MSNBC content
is Copyright of MSNBC.
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What
Does This Warranty Cover The Company warrants to the Licensee
that its software, if properly installed and operated on a
computer for which it is designed, will perform substantially
in accordance with the specifications set forth in the manual
provided with the software. This warranty period commences
on the date of delivery to Licensee and is good for sixty
(60) days thereafter.
What are the Company's Obligations
Under This Warranty During the warranty period, the Company
agrees to repair or replace, at its sole option without
charge to Licensee, the software that does not perform substantially
in accordance with the specifications set forth in the software
manual. If the Company is unable to provide corrected software
within a reasonable time, the Company will replace the software
with a functionally similar software. After repair or replacement,
the Company will return the software to Licensee, postage
and insurance prepaid. Any claim under the warranty must
include a dated proof of purchase or invoice. In any event,
the Company's liability for non-performing software is limited
to repairing or replacing the software or refunding the
fees paid for or fairly allocated to the software by the
Licensee.
What Does This Warranty Not
Cover This warranty is contingent upon proper use of the
software by Licensee and does not cover damage due to accident
unusual physical, electrical or electromechanical stress,
neglect, misuse, failure of electric power, air conditioning,
humidity control, transportation, operation with operating
systems, media or hardware not approved by the Company,
or tampering with or altering of the software.
What is the Length of the
Warranty ANY IMPLIED WARRANTIES COVERING THE SOFTWARE,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO SIXTY (60)
DAYS FROM THE DATE OF DELIVERY TO LICENSEE.
What are the Limits on the
Company's LiabilityIN ANY CASE, THE COMPANY SHALL NOT
BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR
DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF THE COMPANY OR
ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY.
This warranty allocates risks
of product failure between Licensee and the Company. The
Company's product pricing reflects this allocation of risk
and the limitations of liability contained in this warranty.
The Company does not warrant that the operation of this
software will be uninterrupted, error free or meet the user's
specific requirements. The warranty set forth above is in
lieu of all other express warranties, whether oral or written.
The agents, employees, distributors, and dealers of the
Company are not authorized to make modifications to this
warranty, or additional warranties on behalf of the Company.
Accordingly, additional statements such as dealer advertising
or presentations, whether oral or written, do not constitute
warranties by the Company and should not be relied upon.
General
This license will be governed
by the laws of the State of Florida except as to copyright
and other proprietary matters which may be preempted by
United States laws and international treaties. In the event
of any dispute involving this license, the Licensee consents
to exclusive jurisdiction and venue in either state or federal
courts in Florida and agrees that the prevailing party shall
be entitled to its attorney fees and costs. In the event
any provision of this license shall be deemed unenforceable,
void, or invalid, such provision shall be modified so as
to make it valid and enforceable, and as so modified the
entire agreement shall remain in full force and effect.
No decision, action or inaction by the Company shall be
construed to be a waiver of any rights or remedies available
to it.
Data
The software license also
governs use of the data. You may not sell, rent, lease or
otherwise receive payment for the transfer of this data
to a third party. You are not allowed to compile or decompile
lists for sale in any known format, either on disk, tape,
paper, or any type of data transfer known to man. If you
are found to be in violation of this agreement, you will
be prosecuted to the full extent of the law, and bear responsibility
for court costs and attorney's fees.
Refunds
1) Due to the nature of Flash
Data Digital Pages CD-ROM software and custom list products,
and their susceptibility to illegal copying by the purchaser
or other party, there are absolutely no refunds on our custom
list products, no refunds on our Digital Pages software,
and no refunds on data or mailing services. 2) Due to the
amount of lost production time and materials, once any work
has begun on any job, there are no cancellations and no
refunds.
Exceptions: 1) Within the first 90 days after purchase
of Digital Pages CD-ROM software only, and with a pre-approved
Return Merchandise Authorization (RMA) number issued before
returning any merchandise by the Technical Support Dept
at Flash Data, you may receive credit towards a different
CD-ROM product or custom list of equal value. 2) If a request
is made to cancel a job in mid-production, you may be entitled
to a partial credit for use towards another Flash Data product
or service.
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