Urner Barry NEWS LICENSE AGREEMENT

 

Please read these terms and conditions of service before using this site.  The COMTELL/Urner Barry Internet Sites (UB ) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of these sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular COMTELL/Urner Barry Internet Site included within the COMTELL/Urner Barry Internet Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").  Urner Barry reserves the right to amend, remove, or add to these terms, conditions and notices at any time without notice.  Accordingly please continue to review these terms, conditions and notices of service whenever accessing or using this site.  If at any time you do not accept the terms, conditions and notices of service, you may not use this site.

               

1. The UB service is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The UB service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the UB service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the UB service.

 

2. It is understood that UB uses a communication network over which it has no control and that UB assumes no responsibility for interruption of service.

 

3. UB does not guarantee and makes no warranties or representations whatsoever with respect to the sequence, accuracy, currency or completeness of any quotation or information it provides to SUBSCRIBER and shall not be liable in any way to SUBSCRIBER, its Users, any third parties or to any other person who may use the information or to whom the information may be furnished, or to any other person whatsoever, for any inaccuracies, errors or omissions or in the transmission or delivery of all or any part thereof or for any damage arising there from or occasioned thereby, or that quotations or information disseminated may be relied upon for trading purposes,  or for any decision made or action taken by Subscriber in reliance upon the quotation or information. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR ANY OTHER DAMAGES ARISING FROM OR RELATED TO THE UB SERVICE, REGARDLESS OF THE FORM OF ACTION WHETHER CONTRACT OR TORT.

 

4. UB shall have no obligation to indemnify SUBSCRIBER for any action or damages arising from or related to (A.) the presence of uncorrected materials in the UB Service after such materials are the subject of a "kill," "elimination," "correction" or similar directive, or (B.) any edits, manipulations, translations, excerptations or any other alterations or modifications made by SUBSCRIBER (or by agents, contractors or employees of SUBSCRIBER) of any materials provided by UB to SUBSCRIBER.

 

5. SUBSCRIBER shall, and hereby does, indemnify and hold harmless UB from and against all claims, losses, liabilities and expenses arising out of or in connection with any acts of SUBSCRIBER, its agents, contractors or employees, including, without limitation, any edits, manipulations, translations, excerptations or any other alterations or modifications made by SUBSCRIBER (or by agents, contractors or employees of SUBSCRIBER) of any materials provided by UB to SUBSCRIBER.

 

5. Press Association, Inc. (“PA”) content:

 

6.1 Subscribers shall not, directly or indirectly, publish, broadcast or distribute PA information in any medium, except that corporate, governmental and institutional SUBSCRIBERS may use portions of the Service for internal printed communications and memoranda;

 

6.2 Subscribers shall not store all or any portion of the AP Online news service (the “Service”) in any permanent form, whether archival files, computer‑readable files or any other medium;

 

6.3 Neither The Associated Press nor PA shall be liable in any way to the Subscriber or any third party or to any other person who may receive information in the Service, or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby; and

 

6.4 That, in no event, shall PA or The Associated Press be liable for any indirect, consequential, punitive, special or any other damages arising from or related to the Service regardless of the form of action, whether contract or tort.

 

7. The information, opinions and quotations contained in the UB service are intended solely for the confidential and exclusive use of  Subscriber.  Any retransmissions are expressly denied.

 

8. This Agreement shall be subject to all applicable present and future federal, state and local laws and regulations of the Federal Communications Commission and any other federal or state agency. Neither party shall be liable to the other for any failure to perform its obligations hereunder, except for payment of charges already owing, which results directly from such laws or regulations.

 

9. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.