License Agreement

SCOPE:  This License covers all information published on this website (Information) but excludes any information published on other websites, even though this website may publish links to such other websites

USE:  Licensor agrees to grant and Licensee agrees to accept, a non-exclusive and non-transferable license to access and use Information in accordance with the terms and conditions of this License.  Licensee's use of Information is conditioned on the Licensee's agreement to the terms and conditions of this License. 

TERM:  This License shall be effective and/or shall renew each time Information is accessed by Licensee.

PAYMENT:  License fees are governed by separate agreement.

COPYING:  Information published on this website may be copied in whole or in part, in sufficient number for use by the Licensee, provided, however, that Licensee must also reproduce and include any copyright notice(s).

THIRD PARTIES:  Licensee shall not sell, transfer, publish, disclose, display or otherwise make available Information to third parties. Licensee acknowledges that Information is a trade secret of Licensor.

VIOLATIONS:  Violation of these provisions shall be the basis for immediate termination of the License. Termination shall be in addition to and not in lieu of any other legal or equitable remedies available to Licensor.

WARRANTY:  THE PUBLISHED INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY IS WITH LICENSEE.

LIMITATIONS OF REMEDIES:  Licensor's entire liability and Licensee's  exclusive remedy shall be the pro rata refund of any license fees paid by Licensee.  In no event will Licensor be liable for any damages, including any lost profits, or other incidental or consequential damages arising out of the use or performance of Information, even if Licensor has been advised of the possibility of such damages. 

GENERAL:  (a) Licensee acknowledges that it has read this License, understands it, and agrees to be bound by its terms and further agrees that it is the complete and exclusive statement of the agreement between Licensor and Licensee, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this Agreement. This License may not be modified or altered except by a written instrument duly executed by both Licensee and Licensor.

(b) This License and performance hereunder shall be governed by and construed in accordance with the laws of the State of Pennsylvania.

(c) The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

(d) No action, regardless of form, arising out of this License may be brought by Customer more than two (1) years after the cause of action has arisen.

(e) Licensor shall have the right to collect from Customer its reasonable expenses incurred in enforcing this agreement including attorney's fees.

(f) If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted.

(g) This Agreement becomes effective when so indicated by the Licensee or its employees authorized to access and use the Information.