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VERIZON SUPERPAGES ON CD-ROM LICENSE AGREEMENT IMPORTANT: USE OF THIS VERIZON (Verizon) DISK CONSTITUTES ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. 1. USE RESTRICTIONS. This product may be used a) by the End User only and may not be made available for any other use by any loan, rental, service bureau, or any other arrangement, and b) for reference purposes only. Use for direct mail, telemarketing, or the provision of directory assistance service is strictly prohibited. 2. PROPERTY RIGHTS. End User acknowledges that the databases are, and shall remain, the exclusive property of Verizon, and that the End User has no rights in the databases other than as set forth herein. The databases or information contained in them may not be sold, duplicated, transferred, or in any other manner commercially exploited. End User agrees to take reasonable measures to ensure that such unauthorized use is not achieved. 3. PROPERTY RIGHTS IN AND RESPONSIBILITY FOR SOFTWARE: End User acknowledges that the compact disks contain search and retrieval software that Innovectra is hereby sublicensing to End User on a non-exclusive basis for the limited purpose of viewing the data contained on the compact disks. End User acknowledges that such software comprises valuable proprietary and confidential information, which is legally protected under trade secret and copyright laws. End User is not authorized to reverse compile or reverse assemble the software or otherwise attempt to reveal the proprietary programming techniques and structures used in the software. End User is not authorized to duplicate, transfer, sell, or in any commercial manner, exploit the Software. 4. DISCLAIMER OF WARRANTY AND LIMITED WARRANTY/FINAL EXPRESSION OF AGREEMENT: THE COMPACT DISKS, DATABASES AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. VERIZON DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OR RESULTS OF THE USE OR THE MATERIALS IN TERMS OF THEIR ACCURACY, RELIABILITY, OR CURRENTNESS. END USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE COMPACT DISK. VERIZON’S SOLE LIABILITY SHALL BE TO REPLACE THE COMPACT DISK IN THE EVENT THE COMPACT DISK ITSELF, AS OPPOSED TO THE SOFTWARE OR DATABASE ENCODED THEREIN, IS DEFECTIVE. IF FAILURE OF THE MATERIALS HAS RESULTED FROM ACCIDENT, ABUSE OR MISAPPLICATION, VERIZON SHALL HAVE NO RESPONSIBILITY TO REPLACE THE MATERIALS. NEITHER VERIZON NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. GENERAL: Any cause of action brought by any party against the other based upon the terms of this Agreement must be brought within one year of the accrual of the cause of action. Any question concerning the validity, construction or performance of this Agreement shall be governed by the laws of the State of Texas. PRIVACY STATEMENT Verizon respects the privacy of its customers and visitors. Information from on-line use may be utilized, in aggregate, to measure the number of site visits, average time spent on sites, number of pages viewed and type of pages viewed. Customer-specific data will not be appended to this information. Some sites may contain external links; Verizon is not responsible for content or privacy standards at other sites. Due to the evolving nature of technology, we will continue to assess privacy needs and make changes as necessary to ensure that we maintain the highest standards.
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