LAWCHEK, LTD.® for LIBRARIES TERMS AND CONDITIONS

READ THIS AGREEMENT BEFORE USING THE LAWCHEK, LTD.® INTERNET PACKAGE. BY USING THE LAWCHEK, LTD.® INTERNET PACKAGE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

LAWCHEK, LTD.® LICENSE REQUIREMENTS: Every Library is responsible for obeying the rules of the LAWCHEK, LTD.® License Agreement. This License Agreement includes the following RULES: A LAWCHEK, LTD.® Library is entitled to use the forms and documents for the individual Library’s use. However, under no circumstances will any LAWCHEK, LTD.® Library be allowed to distribute their user name or password to groups or individuals outside the Library. Also, if requested by the Library, the Library will be granted access to the LAWCHEK, LTD.® website via a pre-assigned group of IP addresses. Access via this group of IP addresses is to be used by the individual Library only unless otherwise agreed to by a LAWCHEK, LTD.® representative.

LAWCHEK, LTD.® DISCLAIMERS/LIMITATION OF LIABILITY: The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically made to the information herein. LAWCHEK, LTD.® does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available is free of viruses or other harmful components. LAWCHEK, LTD.® does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that LAWCHEK, LTD.® shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that LAWCHEK, LTD.® is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that LAWCHEK, LTD.® is not responsible for any content sent using and/or included in the Service by any third party.

The articles and other textual materials, including questions and answers, glossary, terms, design, forms, software and associated documentation, and any other material included on the Internet Package and their compilation are licensed to you subject to the terms and conditions of this agreement by LAWCHEK, LTD.®, with its official place of business at 330 First Street SE, Suite A, Cedar Rapids, Iowa 52401 (LAWCHEK, LTD.®). LAWCHEK, LTD.® owns the title to the LAWCHEK, LTD.® product and to all intellectual property rights contained therein, except insofar as it contains materials that are proprietary to a third party provider or supplier. All rights in the LAWCHEK, LTD.® product, except those expressly granted to you by this agreement, are reserved to LAWCHEK, LTD.® and such suppliers as their respective interests may appear.

A. Limited License. LAWCHEK, LTD.® grants you a limited nonexclusive, nontransferable license to use the LAWCHEK, LTD.® product at a single site. The only exception shall be in writing if the LAWCHEK, LTD.® grant of license includes use on a server or other system by separate agreement. This agreement and your rights hereunder shall automatically terminate if you fail to comply with any provisions of this agreement.

B. Additional Restrictions.

    1. You shall not (and shall not permit any other person or entity to), directly or indirectly, by electronic or other means, reproduce, publish, distribute, network, rent, lease, loan, sell, sublicense, assign or otherwise transfer the LAWCHEK, LTD.® product, or any part thereof, or this agreement or information received from LAWCHEK, LTD.®. Any attempt to do so shall be considered a violation of this agreement.

    2. You shall not (and shall not permit any other person or entity to) reverse-engineer, decompile, disassemble (or otherwise reduce the LAWCHEK, LTD.® product, or any part thereof, to a human-perceivable form), merge, modify, create derivative work from, or translate the LAWCHEK, LTD.® product, or any part thereof, or use the LAWCHEK, LTD.® product, or any part thereof, for any commercial purpose. You may not electronically transmit the LAWCHEK, LTD.® product from one computer to another or to a network unless you have a specified signed license from LAWCHEK, LTD.® to do so.

    3. You shall not (and shall not permit any other person or entity to) remove or obscure LAWCHEK, LTD. ®’s or its suppliers’ copyright, trademark, or other proprietary notices or legends from any portion of the LAWCHEK, LTD.® product or any related materials.

    4. You agree and certify that the LAWCHEK, LTD.® product will not be exported outside the United States for any reason.

C. Limited Warranty and Limited Liability.

    1. The LAWCHEK, LTD.® product is not sold as a substitute for legal advice. The materials contained in the LAWCHEK, LTD.® product are for informational and reference purposes only and are not presented as legally binding materials or documents. An attorney must be consulted as to the legal status of any document that may be used in a given state for legal usage.

    2. The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, expressed or implied. No LAWCHEK, LTD.® agent or employee or third party is authorized to make any modifications or additions to this warranty.

    3. Some states do not allow exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

    4. In no event shall LAWCHEK, LTD.® or its suppliers’ total liability to you for all damages, losses and cause of action (whether in contract or tort (including negligence or otherwise)) exceed the amount paid by you for the LAWCHEK, LTD.® product.

D. General Provisions. Nothing in this agreement constitutes a waiver by LAWCHEK, LTD.® or its suppliers’ rights under U.S. copyright laws or any other federal, state, local, or foreign law. You are responsible for installation, management, and operation of the LAWCHEK, LTD.® product. This agreement shall be construed, interpreted, and governed under Iowa law. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, the remainder of this agreement shall continue in full force and effect. This agreement, and other agreements as applicable, constitutes the entire agreement between the parties with respect to the use of the collection and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this agreement will be binding unless in writing and signed by a duly authorized representative of LAWCHEK, LTD.®.

E. System Requirements.

Internet Access, with Java Enabled.

F. Technical Support.

Questions, call LAWCHEK, LTD.® at  (1-800-529-5121).