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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.
For any questions, complaints, claims or support issues, please contact:
7700 West Parmer Lane, Building A
Austin, TX 78729
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 Near Here™" 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 associated content related to information on business entities that is made available to You through the Licensed Application, including but not limited to company names, addresses, doing business as names, telephone numbers, web sites, primary industry, annual sales, number of employees, key people and titles, and local competitors.
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.
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. 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.
OTHER THAN AS EXPLICITLY STATED IN THIS AGREEMENT, THE LICENSED APPLICATION IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. OTHER THAN AS EXPLICITLY STATED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HOOVER'S 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.
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.
The term of this Agreement will commence upon your download of the Licensed Application and will end when terminated as set forth herein. In the event of any breach of paragraph(s) 1, 2 or 5 by You, or in the event that Hoover's determines that the continued provision of the Licensed Application may violate applicable law or subject it to any liability, Hoover's may immediately terminate this Agreement, or suspend the delivery of Hoover's Data to the Licensed Application, without prior notice. In the event of any breach of any other part of this Agreement by You or Hoover's, the non-breaching party may terminate this Agreement if such breach is not cured within thirty (30) days of written notice of breach. The provisions set forth in paragraphs 2, 3, 4, 5, 7, 8 and 9 will survive the termination of this Agreement.
Subject to earlier termination pursuant to the foregoing, Hoover's will provide you with access to the Hoover's Data for a minimum of ninety (90) days from the effective date of this Agreement ("Minimum Service Period"). After the Minimum Service Period, Hoover's reserves the right to cancel access to the Hoover's Data for any reason or no reason at all. Use of the Licensed Application is subject to Google continuing to provide Hoover's with access to its Maps API. Hoover's is not responsible or liable for any disruption in availability or access to Google Maps™
HOOVER'S SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST DATA, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, WHETHER OR NOT YOU WERE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. HOOVER'S DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE LICENSED APPLICATION. ANY CLAIMS WILL BE BROUGHT, IN ACCORDANCE WITH THIS AGREEMENT, WITHIN 12 MONTHS OF THE FIRST OCCURRENCE GIVING RISE TO SUCH CLAIMS, OR SUCH CLAIMS WILL BE FOREVER BARRED. To the extent any of the foregoing exclusions and limitations of liability is not permitted under applicable law, Hoover's liability in such case will be limited to the greatest extent permitted by law.
This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to choice of law provisions. Any disputes arising out of this Agreement that cannot be resolved by the parties will be brought in state or federal court located in Austin, Texas.
All prior agreements, both oral and written, between the parties on the matters contained in this Agreement are expressly cancelled and superseded by this Agreement. You may not assign any of Your rights or obligations under this Agreement.
You and Hoover's acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries to this Agreement, and that Apple will have the right (and is deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. Third parties (including affiliates of Hoover's) that provide information, software or services to Hoover's or its affiliates for use in providing the Services are intended third party beneficiaries of Paragraph(s) 4 and 7.
"iPhone" and "iPod touch" and "iPad" are trademarks of Apple, Inc.
"Google Maps" is a trademark of Google, Inc.
Revised February 12, 2010