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SUBSCRIBER
AGREEMENT FOR
JOURNEY ONLINE, LLC
AGREEMENT
entered into and between the Subscriber and Journey Online, as follows:
1.
Journey Online Archive. Journey Online is a limited liability
company (LLC) formed under the laws of the State of Wyoming. The
Subscriber may subscribe to Journey Online’s computer and
Internet assisted research by submitting a then current Order Form
and payment. Such subscription shall include access to Journey Online’s
archive (“archive”) solely for educational purposes.
The copies of newspapers, documents and other historical information
in the archive is provided at the sole discretion of Journey Online.
Access to the archives at www.journeybackintime.com is provided
via a password authentication and is not restricted to an assignment
of IP address, thus allowing student and teacher access at school
or at home.
2.
License. (a) Grant. Subscriber is granted a non-exclusive,
non-transferable, limited license to access the Journey Online archive.
Such license includes the right to access data (“data”)
made available by Journey Online. Subscriber may download and use
such data solely in the regular course of educational and research
purposes. Use of the data is limited to employees of the particular
school and the students within that school. Except as otherwise
provided with respect to data found in the archive, the license
includes the right to download and temporarily store insubstantial
portions of data to a storage device under the Subscriber’s
exclusive control solely (i) to display internally such data and
(ii) to quote and excerpt such data (appropriately cited and credited)
by electronic cutting and pasting or other means for educationally
related products. Subscriber may also create printouts of such data
for internal use and distribution to third parties if such third
parties agree not to further distribute the printouts.
(b)
Limitations. A subscriber must be an individual, school
college/university or library. A school district may not be a subscriber,
but the individual schools or libraries within a school district
may each be a subscriber. Colleges/Universities also qualify as
subscribers, but each subscription is limited to the campus it subscribes
to. Colleges/Universities that have more than one campus, each campus
may each be a subscriber. Individual public and private libraries,
including those associated with a higher educational institution
may also qualify as a subscriber. Journey On Line, reserves the
right to refuse a potential subscriber for any reason. A Subscriber
may not copy, download, store, publish, transmit, transfer, sell
or otherwise use the data or any portion of the data, in any form
or by any means, except (i) as expressly permitted by the Agreement,
(ii) with Journey Online LLC’s prior written permission, or
(iii) if not otherwise expressly prohibited by the Agreement, as
allowed under the fair use provision of the Copyright act (17 U.S.C.A
§ 107). Downloaded data shall not be stored or used in an archival
database or other searchable database except as expressly permitted
by the Agreement. Subscriber, or any users covered under the subscription,
shall not sell, license or distribute data (including printouts
or downloaded data) to third parties or use data as a component
of or as a basis for any material offered for sale, license or distribution.
Distribution of any data for commercial or personal gain is prohibited.
3.
Term and Termination. This Agreement and each Order Form
will be come effective upon approval and acceptance by Journey Online
and will continue in effect for one year from that date. Subscription
prices are solely in the discretion on Journey On Line, and the
price of the subscription and terms of the Agreement are subject
to change at any time except during the term of a particular subscription.
Journey Online may terminate this Agreement immediately upon giving
written notice of termination to Subscriber if Subscriber commits
a material breach of the Agreement or of any obligation to Journey
Online under any other agreement between the parties. In such a
case, Journey Online will not refund any amount of the price paid
by the Subscriber for the subscription.
4. Disclaimer of Warranties and Limitation of Liability.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE DELIVERABLES ARE PROVIDED
“AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO , WARRANTIES OF PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS,
CURRENTNESS OR DELAYS. SUBSCRIBER’S EXCLUSIVE REMEDY AND JOURNEY
ON LINE’S ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR
ANY CLAIM(S) FOR DAMAGES RELATING TO THE DELIVERABLES WHICH ARE
MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT
OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES
PAID BY SUBSCRIBER, WHICH IS THE BASIS OF THE CLAIM(S) DURING THE
12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN
NO EVENT SHALL JOURNEY ON LINE, BE LIABLE TO SUBSCRIBER FOR ANY
CLAIM(S) RELATING IN ANY WAY TO SUBSCRIBER’S, OR ITS USERS
ALLOWED UNDER THE SUBSCRIPTION, INABILITY TO RESEARCH OR WORK PROPERLY.
JOURNEY ON LINE, DOES NOT MAKE ANY WARRANTY THAT ACCESS TO JOURNEYBACKINTIME.COM
WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE. NOR DOES
JOURNEY ON LINE, MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL. SUBSCRIBER
ACKNOWLEDGES THAT PROVISION OF JOURNEYBACKINTIME.COM ENTAIL THE
LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS
AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA.
5.
Limitation of Claims. No claim, regardless of form, which
in any way arises out of this Agreement may be made, nor action
based upon such claim brought under this Agreement, more than one
year after the basis for the claim becomes known to the party desiring
to assert it.
6.
Effect of Agreement. This Agreement (which includes all
applicable Order Forms, any existing Agreement, and current and
future additional terms) embodies the entire understanding between
the parties.
7.
Force Majeure. Journey Online’s performance under
this Agreement is subject to interruption and delay due to causes
beyond its reasonable control, such as acts of God, acts of any
government, war or other hostility, civil disorder, the elements,
fire explosion, power failure, equipment failure, industrial or
labor dispute, inability to obtain necessary supplies or information
and the like.
8. Notices. Except as otherwise provide in this Agreement, all notices
must be given in writing to Journey On Line, LLC at P.O. Box 840,
Thayne, WY 83127.
9.
General Provisions. This Agreement will be governed by
and construed under the law of the state of Wyoming, USA, without
regard to conflicts of law provisions. The parties agree that the
State and Federal courts sitting in Wyoming will have exclusive
jurisdiction over any claim arising out of this Agreement and each
party consents to the exclusive jurisdiction of such courts. Neither
this Agreement nor any part or portion hereof may be assigned, sublicensed
or otherwise transferred by Subscriber without Journey Online’s
prior written consent. Should any provision of this Agreement be
held to be void, invalid, unenforceable or illegal by a court, the
validity and enforceability of the other provisions will not be
affected. Failure of either party to enforce any provision of this
Agreement will not constitute or be construed as a waiver of such
provision or of the right to enforce such provision. The headings
and captions contained in this Agreement are inserted for convenience
only and do not constitute a part hereof.
Dated
this __________ day of ______________________________, 200___.
Purchaser:
College
/ University: _________________________________________
School
District: _______________
School
Name: _________________________________________________________________
Authority
Signature:
______________________________________________________________
Authority
PRINT:
______________________________________________________________
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