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License Terms for the cobrasolutions.com RSS Service1. This Agreement sets forth the terms under which COBRA Solutions, Inc. permits you or your company ("You") to incorporate the COBRA Solutions RSS Feed onto pages of Your Internet Web site.2. BY DOWNLOADING AN RSS FEED (THE "SERVICE") FROM cobrasolutions.com, YOU ARE CREATING A CONTRACT BETWEEN YOURSELF AND COBRA Solutions, Inc. AND ARE AGREEING TO ABIDE BY THE TERMS BELOW: 3. COBRA Solutions, Inc. grants You a non-exclusive, non-transferable, non-sublicensable, revocable license to incorporate our RSS Feed as provided by COBRA Solutions onto Your Web site under the sole heading Globe and Mail Headlines. All rights licensed to You under this Agreement, including but not limited to icons, graphics, trademarks, and trade names, remain the property of COBRA Solutions or its licensors. These limited rights shall be automatically and immediately revoked upon termination of this Agreement. You are responsible, at Your cost, to create or apply software so that any person You permit to click on our RSS Headline Links on Your Web site ("Your User") can pull down the related page from The COBRA Solutions Web site to Your User's computer. Text and links may not be altered in any way. 4. You acknowledge and agree that COBRA Solutions shall not be liable for any loss or liability to You or to Your Users relating in any manner to Your use or Your User's use of this Globe and Mail Web site or The Globe and Mail RSS Feeds. You agree to indemnify COBRA Solutions against any claim by Your Users against COBRA Solutions resulting from Your Web site. 5. You may not use the trademarks COBRA Solutions, Inc., or any other trademark or trade name of COBRA Solutions without first obtaining COBRA Solutions express written consent for each particular use. 6. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between You and COBRA Solutions. You are not authorized to represent COBRA Solutions to third parties in any manner. You agree not to make any statement that might reasonably be misinterpreted by a third party as indicating the existence of such a relationship. 7. COBRA Solutions shall have the right to terminate or modify this Agreement at any time in its sole discretion, effective upon posting of notice online. Paragraphs 4 and 6 continue to apply after any termination of this Agreement. Bell Globemedia will likely terminate this Agreement with You and the license hereunder if Your Web site: i) contains sexually explicit material; promotes sexually explicit material; or links to sexually explicit material; ii) contains violent material; promotes violence; or links to violent material; iii) promotes, depicts, or links to material that promotes or depicts discrimination based on race, sex, religion, national origin, physical or mental disability, sexual orientation, or age; iv) contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such unlawful material; v) contains information on illegal activity; promotes illegal activity; or links to a site that provides information on or promotes illegal activity; or vi) is "under construction", incomplete or not fully operational. 8. This Agreement is governed by the laws of Maricopa, Arizona without reference to rules governing choice of laws, and by the laws of United States of America applicable therein. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. COBRA Solutions' failure to enforce Your strict performance of any term in this Agreement will not constitute a waiver ofCOBRA Solutions' right to subsequently enforce such term or any other term in this Agreement. |
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Information in this document is subject to change without notice.
Monday, 22. May 2006 | ||||||