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QIPS end-user license agreement
Updated on : Aug-17-2007

QUALITYIPS END-USER LICENSE AGREEMENT

By clicking on the words "I Agree" below, you agree that your use of the QualityIps database products and services is subject to the terms and conditions set forth in this QualityIps End User License Agreement (this "Agreement").

EVisionDeliver, Inc. ("EVD") provides a line of database services and products that provide the geographic information and other data associated with specific Internet protocol addresses. These database services and products are referred to in this Agreement individually as the "QualityIps Database" and collectively as the "QualityIps Databases". The data available through the QualityIps Databases is referred to in this Agreement as the "QualityIps Data". Some products in the EVD QualityIps Line may include EVD's proprietary computer programs used to query the QualityIps Databases (the "QualityIps Programs").



LIMITED GRANT OF RIGHTS.
In accordance with the terms of this Agreement, EVD hereby grants you a non-exclusive, non-transferable limited license to access and use the QualityIps Databases and QualityIps Data for your own internal Restricted Business purposes. Restricted Business purposes are limited to customizing website content, fraud prevention, geographic reporting, and similar business purposes. You agree to use the QualityIps Data and QualityIps Databases only in a manner that is consistent with applicable laws.



RESTRICTIONS ON USE.
Except as expressly permitted in this Agreement, you may not, nor may you permit others to:

(a) copy any portion of the QualityIps Databases except as reasonably required for using the QualityIps Database as permitted hereunder,

(b) allow anyone other than yourself or your employees to access the QualityIps Databases, or any portion thereof, without EVD's express written permission,

(c) use the QualityIps Databases to develop a database, infobase, online or similar database service, or other information resource in any media (print, electronic or otherwise, now existing or developed in the future) for sale to, distribution to, display to or use by others,

(d) create compilations or derivative works of the QualityIps Databases,

(e) use the QualityIps Databases in any fashion that may infringe any copyright, intellectual property right, contractual right, or proprietary or property right or interest held by EVD,

(f) store in a retrieval system accessible to the public, transfer, publish, distribute, display to others, broadcast, sell, or sublicense the QualityIps Databases, or any portion thereof,

(g) remove or obscure any copyright notice or other notice or terms of use contained in the QualityIps Databases,

(h) use the QualityIps Data to create or otherwise support the transmission of unsolicited, commercial email,

(i) remove, disable, avoid, circumvent, or defeat any functionality in the QualityIps Databases or QualityIps Programs designed to limit or control access to or use of the QualityIps Databases or QualityIps Data,

(j) use, copy or otherwise access any portion of the QualityIps Data for which you have not made payment to EVD. If for any reason, you access such QualityIps Data, these terms and conditions apply to your use of such data and you agree to pay all applicable charges, or

(k) copy, reverse engineer, decompile, disassemble, derive source code, modify or prepare derivative works of the QualityIps Programs.



OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
(a) Trade Secrets and Confidential Information. You acknowledge and agree that any and all confidential information and materials from which EVD derives actual or potential economic value constitutes EVD's confidential and proprietary trade secrets (collectively, "Trade Secrets").
You further acknowledge and agree that EVD's Trade Secrets include, but are not limited to, the QualityIps Data contained in the QualityIps Databases and the technology used in the QualityIps Programs. You shall maintain any information learned about EVD's Trade Secrets as confidential and shall not disclose such information or permit such information to be disclosed to any person or entity. With respect to all such information, you shall exercise the same degree of care to protect EVD's Trade Secrets that you exercise with respect to protecting your own confidential information, and in no event less than reasonable care.

(b) Ownership. All intellectual property rights including copyrights, moral rights, trademarks, trade secrets, proprietary rights to the QualityIps Databases, QualityIps Data and QualityIps Programs are exclusively owned by EVD. You acknowledge and agree that you obtain no right, title or interest therein. You hereby assign to EVD all copyrights, intellectual property rights, and any other proprietary or property rights or interests in and to any work created in violation of this Agreement.



FEES.
EVD's current fee schedule for using the QualityIps Databases and related services is posted on the EVD website (url: http://www.qualityips.com).
You are responsible for paying all fees associated with the use of the QUALITYIPS Databases.



CHANGES TO THE AGREEMENT.
EVD may amend this Agreement at any time. Any such amendment(s) shall be binding and effective upon the earlier of (i) the date that is thirty (30) days after posting of the amended Agreement on EVD's web site, or
(ii) the date that EVD provides notice to you of the amended Agreement pursuant to the notice provisions in this Agreement; except that changes to charges and payment terms may be made only upon 30 days' prior written notice to you. You may immediately terminate this Agreement upon notice to EVD if a change is unacceptable to you. Your continued use of the QualityIps Data, QualityIps Databases or QualityIps Programs following notice to you of a change shall constitute your acceptance of the change.



LIMITATION ON LIABILITY.
EVD'S MAXIMUM TOTAL LIABILITY FOR ALL OCCURRENCES (IF ANY), TAKING PLACE DURING ANY TWELVE-MONTH PERIOD (OR A PORTION THEREOF, IF THIS AGREEMENT IS NOT IN EFFECT FOR TWELVE MONTHS), ARISING OUT OF OR IN ANY WAY RELATED TO THE AUTHORIZED OR UNAUTHORIZED ACTS OF EVD'S EMPLOYEES OR EVD'S PERFORMANCE OR NONPERFORMANCE OF THE SERVICES PROVIDED HEREIN, INCLUDING (BUT NOT LIMITED TO) ERRORS OF DESIGN OR ERRORS WHICH ARE DUE SOLELY TO MALFUNCTION OF EVD-ONTROLLED MACHINES OR FAILURES OF EVD OPERATORS, EVD PROGRAMMERS OR EVD-DEVELOPED PROGRAMS, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES PROVIDED BY EVD UNDER THIS AGREEMENT DURING SAID TWELVE-MONTH PERIOD (OR DURING SUCH SHORTER PERIOD THAT THIS AGREEMENT IS IN EFFECT). YOU AGREE THAT THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDY. YOU HEREBY RELEASE EVD, ITS OFFICERS, EMPLOYEES AND AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.



NO CONSEQUENTIAL DAMAGES.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE SHALL EVD OR ANY RELATED PARTY OR SUPPLIER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR FOR LOSS OF PROFITS, REVENUE, OR DATA; THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY, STATUTE OR OTHERWISE EVEN IF EVD HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.



NO WARRANTIES.
THE QUALITYIPS DATABASES, QUALITYIPS DATA AND QUALITYIPS PROGRAMS ARE FURNISHED ON AN "AS IS", AS-AVAILABLE BASIS. EVD MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CAPABILITY OF THE QUALITYIPS DATABASES, QUALITYIPS DATA AND QUALITYIPS PROGRAMS OR THE ACCURACY OR THE COMPLETENESS OF THE QUALITYIPS DATA. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY DISCLAIMED. EVD DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE IS FREE OF OTHER HARMFUL COMPONENTS. NEVERTHELESS, EVD SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SITE FREE OF VIRUSES AND MALICIOUS CODE.


GOVERNING LAW.
This Agreement shall be governed and interpreted pursuant to the laws of the state of California, applicable to contracts made and to be performed wholly in California, without regard to principles of conflicts of laws.
You specifically consent to personal jurisdiction in California in connection with any dispute between you and EVD arising out of this Agreement or pertaining to the subject matter hereof. You agree that the exclusive venue for any dispute hereunder shall be in the state and federal courts in San Francisco, California.



NOTICES
Notices given under this Agreement shall be in writing and sent by facsimile, e-mail, or by first class mail or equivalent. EVD shall direct notice to you at the facsimile number, or e-mail address(collectively, "Address") you provided in the registration process. You shall direct notice to EVD at the following address:

EVisionDeliver, Inc.
Email: legal@qualityips.com

Either party may change its Address for notice at anytime by giving notice of the new Address as provided in this section.


COMPLETE AGREEMENT.
This Agreement represents the entire agreement between you and EVD with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements, oral or written, between the parties regarding the subject matter hereof.


APPLICABLE LAWS.
You agree to use the QualityIps Data and QualityIps Databases only in a manner that is consistent with applicable laws.



ASSIGNMENT.
You may not assign your rights in this Agreement without EVD's prior written consent.



SEVERABILITY.
Should any provision of this Agreement be held void, invalid or inoperative, such decision shall not affect any other provision hereof, and the remainder of this Agreement shall be effective as though such void, invalid or inoperative provision had not been contained herein.


FAILURE TO ENFORCE.
The failure of EVD to enforce any provision of these terms and conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.



FACSIMILES.
If you submit a document which includes your facsimile signature, EVD may treat the facsimile signature as an original of your signature.




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