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This is a legal agreement between you, the Subscriber, and Terraced Bay Associates, Inc. ("TBA") which defines the terms under which you may use TBA's Internet subscription services, including but not limited to Taiwan Defense Review (TDR).
By subscribing or using the services you agree to the following terms and conditions. TBA reserves the right, at its discretion, to change, modify, add or remove portions of this Subscriber License Agreement at any time. Notification of changes in service will be posted on the service, or sent via e-mail.
PERMITTED USE
You may access only the material for which you have lawfully acquired the appropriate authorization from TBA (the "Licensed Materials", which shall include information, data, text, illustration, photographs and software, as appropriate). You have no rights to, and may not access, exploit, or reproduce in any form, any other material contained on this Internet server.
You are entitled to print copies of TBA Internet products to which you have subscribed for the sole use of you, the subscriber, only, but not for resale or distribution in whole or in part in third party publications or otherwise. You may not print out or reproduce in any way, the Licensed Materials, for distribution within or externally to your organization/company.
RESTRICTIONS ON USE - Access to the Licensed Materials may not be made from more than one personal computer or other host.
- The Licensed Materials may not be used or incorporated within a multiple user system or within a wide or local area network (LAN) environment. (Additional subscriptions may be obtained from TBA).
- The Licensed Materials are solely for your internal use and you may not permit third parties to use the Licensed Materials without prior written authorization from TBA.
- The Licensed Materials will be accessed using Web browsers or other Internet retrieval software which will be obtained by the subscriber at your own cost.
- The Licensed Materials may not be sold, rented, leased, used, accessed, transmitted, copied or otherwise exploited except as set out in this agreement.
- You may not copy any accompanying printed materials and data must be viewed on the Web server of origin and not be retained on the subscribers host (except as necessitated by caching of the viewing software).
COPYRIGHT
The information, data, text, illustrations and photographs supplied by the Internet subscription service and any resulting printed materials, their structure and organization, are separately and together copyright properties of TBA and are protected by law. You may not remove ownership claims or marks from the Licensed Materials or related documentation. You acknowledge that TBA reserves all rights to the product not herein expressly licensed.
WARRANTIES
So far as permitted by law, TBA makes no representation and gives no warranty, express or implied, with regard to the Licensed Materials including but not limited to the fitness of the Licensed Materials for any purpose whatsoever, the quality, accuracy, merchantability, fitness for a particular purpose, completeness or correctness of the Licensed Materials, whether the Licensed Materials are cleared for inclusion on the Internet subscription service or for use by you. You acknowledge that whilst TBA takes all reasonable care in the compilation of the Licensed Materials, TBA cannot accept any responsibility for any errors or omissions in the Licensed Materials or any loss arising therefrom. You accept that the Licensed Materials are provided on an "as is" basis.
You agree and acknowledge that you are in a better position than TBA to foresee and evaluate any potential damage or loss you may suffer in connection with the Licensed Materials provided to you under this agreement; that TBA cannot adequately insure its liability to you; and that the price of the Licensed Materials has been calculated on the basis that TBA shall exclude or limit liability as set out in this paragraph. So far as permitted by law, you warrant that you will insure against, bear yourself or indemnify TBA against any loss for which TBA has excluded liability.
COMPATIBILITY
TBA makes no warranties or representations either express or implied that any future editions of this or any other TBA Internet subscription service will be compatible with the current extended HTML tagging format as supported by Netscape v1.1. TBA reserves the right to modify the data to provide the best possible presentation available to Web browsers at the time. The subscriber will be responsible for obtaining, at their own cost, a suitable Web browser or other viewing system and upgrading the browser if required.
EXCLUSIONS AND LIMITATIONS
So far as permitted by law, TBA shall not be liable in contract, tort, negligence or otherwise for any costs, claims, loss or damages whatsoever arising from or in anyway connected with the supply, failure to supply, use, inability to use or operation of the Internet subscription service or from any defects or errors of any kind in the Internet subscription service or consequential or indirect loss including, without limitation, damages for loss of business, profits, reputation, interruption, or any other pecuniary or other loss. TBA liability shall in any event not exceed an amount equal to the subscription price of the Internet subscription service.
HELP AND ADVICE
Technical or other forms of assistance by TBA via Internet or otherwise is provided by TBA to you entirely at TBA's discretion. It may not be available at all times and the facility may be withdrawn. TBA does not warrant and shall have no liability for any advice given by such service.
EACH PARAGRAPH in this agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances.
THIS CONTRACT PREVAILS
This agreement constitutes the entire understanding between the parties concerning the supply and use of the Internet subscription service and replaces, supersedes, and cancels all previous arrangements, understandings, representations or agreements. You warrant that in entering into this agreement you have not relied on any warranty, representation or undertaking except as expressly set out herein.
PRIVACY
You agree that TBA may use the data you supply for administrative purposes and, unless you request us in writing not to do so, marketing and selling of our own and others' products and services.
APPLICABLE LAW
Where possible under applicable law, this agreement shall be governed by the laws of the State of New York, the United States of America, and shall be subject to the non-exclusive jurisdiction of the New York courts.
DEFINITIONS
'TBA' means Terraced Bay Associates, Inc., P.O. Box 1241, Manhasset, New York, 11030, USA.
Taiwan Defense Review (TDR) is an Internet publication of Terraced Bay Associates, Inc.
References to the Internet subscription service shall, unless the context otherwise requires, include a reference to all parts and contents thereof and all accompanying user and other documentation.
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