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SCROLL DOWN TO READ THE TERMS OF THIS LICENSE AGREEMENT ("AGREEMENT"). YOUR DOWNLOADING AND/OR USE OF THE LICENSED APPLICATION (AS DEFINED BELOW) MEANS YOU HAVE READ, UNDERSTAND AND UNCONDITIONALLY AGREE TO THE TERMS OF THIS AGREEMENT AS IF YOU HAD ORIGINALLY AGREED TO THEM IN A SIGNED WRITING. IF YOU DO NOT AGREE, HOOVER'S, INC. ("HOOVER'S") IS UNWILLING TO MAKE THE LICENSED APPLICATION AVAILABLE TO YOU.
This Agreement is between you ("You") and Hoover's. You agree that Apple Inc. ("Apple") is not responsible or liable for the Licensed Application or the content thereof, and You will look solely to Hoover's to meet any and all obligations, and for any liability, under this Agreement. Without limiting the foregoing, Apple has no responsibility or obligations whatsoever with respect to any maintenance and support services, warranty claims, product liability, legal or regulatory compliance, consumer protection matters or claims related to intellectual property rights, in each case with respect to the Licensed Application.
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1) Licenses Hoover's grants to Customer a personal, non-exclusive, non-transferable license during the term of this Agreement to download and use the "Hoover's Connect+™" application and the Hoover's Data (collectively the "Licensed Application"), solely on Your iPhone®, iPod touch®, or iPad® and subject to the limitations contained in this Agreement. Hoover's retains all ownership rights (including copyrights and other intellectual property rights) in the Licensed Application, in any form, and You obtain only such rights as are explicitly granted in this Agreement. The Licensed Application is available only for You and may not be shared with other persons or entities, either internally or externally. For purposes of this Agreement, "Hoovers Data" means information Hoover's or its affiliates collect and compiles on business entities anywhere in the world which may include, but is not limited to, business information, legal or financial data, data about individuals associated with such business, D-U-N-S® numbers, and ratings on such business entities.
2) Restrictions on Use The Licensed Application is licensed for Your personal use only and only within the United States and Canada. You will not: (a) provide the Licensed Application to others, whether directly in any media or indirectly through incorporation in a database, marketing list, report or otherwise, or use or permit the use of the Licensed Application to generate any statistical or other information that is or will be provided to third parties (including as the basis for providing recommendations to others); (b) use or permit the use of the Licensed Application to prepare any comparison to other information databases that is or will be provided to third parties; (c) modify, reverse engineer or make copies of the Licensed Application or (d) voluntarily produce the Licensed Application in legal proceedings. You will not use the Licensed Application as a factor in establishing an individual's eligibility for (i) credit or insurance to be used primarily for personal, family, or household purposes, or (ii) employment. In addition, You will not use the Licensed Application to engage in any unfair or deceptive practices and will use the Licensed Application only in compliance with applicable state, local, federal or foreign laws or regulations.
3) Warranties You represent that: (i) you are at least eighteen (18) years old; (ii) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting country"; and (iii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Hoover's warrants that, at the time of delivery and for ninety (90) days thereafter the Licensed Application will operate in substantial conformity with the then current published specifications. In the event the Licensed Application does not meet the published specifications, You may notify Apple, and Apple, at its discretion, will refund the purchase price for the Licensed Application to You.
Hoover's warrants to You that, to Hoover's knowledge, the Licensed Application, when used in accordance with this Agreement, does not violate any existing, U.S. or Canadian copyrights trademarks, or trade secrets of any third party, as of the effective date of this Agreement. The foregoing warranty does not apply to the extent You modify the Licensed Application in any way or combines the Licensed Application with material from third parties.
4) Disclaimer THE LICENSED APPLICATION IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. OTHER THAN AS EXPLICITLY STATED IN THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HOOVER'S AND ITS INFORMATION SERVICE PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOOVER'S DOES NOT WARRANT THAT THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE AND DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING AVAILABILITY OF THE LICENSED APPLICATION, SERVICE LEVELS OR PERFORMANCE. HOOVER'S WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, HOOVER'S CONDUCT IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING OR DELIVERING THE LICENSED APPLICATION.
5) Copyrights and Other Proprietary Rights The Licensed Application is proprietary to Hoover's and may include copyrighted works, trade secrets, or other materials created by Hoover's at great effort and expense. You will not disclose, contest the validity or Hoover's ownership of, or impair the value of the Licensed Application in any way.
You agree that Hoover's and its affiliates may, without identifying You as the source of such information, use information collected by you through the use of the Licensed Application to create, update, merge, analyze, maintain or enhance its database of business records, which business records are used to create, and are included within, the services made commercially available by Hoover's and its affiliates.