NOTE: Farm and Home Publishers Maps are copyrighted by Farm & Home Publishers, LTD.
This legal document is an Agreement between ALL AUTHORIZED ADVERTISERS and Farm & Home Publishers, LTD, (FHP). BY SIGNING THE FHP AVERTISING AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT WHICH INCLUDE THE PRODUCT LICENSE AND PRODUCT DISCLAIMER WARRANTY, (collectively the Agreement).
THIS AGREEMENT CONSTITUTES THE COMPLETE LICENSING AGREEMENT BETWEEN YOU AND FHP.
FHP PRODUCT LICENSE
- GRANT OF LICENSE. The information, data, and the structure of the product, which is included with this Agreement, are manufactured by FHP. The information, data, and the structure of it is known as the PRODUCT. FHP, as Licensor, grants to you, the Licensee, a nonexclusive right, TO USE, DISPLAY, SCAN, PHOTOCOPY, and PRINT unlimited copies of the Data for internal and Internet use. Product used on the Internet must not be more than 50% of the Product for any one county. All Product displayed on any media must show FHP as the original ownership of all Product and all Product displayed on the Internet must show a link to www.farmandhomepublishers.com and be directly associated with the location stated on the ADVERTISING CONTRACT. FHP reserves all rights not expressly granted to Licensee.
- OWNERSHIP OF PRODUCT. As the Licensee you do not own the product, FHP retains title and ownership of the original PRODUCT, and all subsequent copies of the PRODUCT regardless of the form or media on which the original and other copies may exist. The License is not a sale of the original PRODUCT or any copy of it.
- COPY RESTRICTIONS. This PRODUCT and accompanying manual and written materials are subject to copyright. Unauthorized copying of the PRODUCT, including PRODUCT that has been modified, merged, or included with any other PRODUCT, or of the manual or written materials is expressly forbidden unless described in this agreement. You will be held legally responsible for any copyright infringement or misuse of a license agreement that is caused or encouraged by your failure to abide by the terms of this License.
- USE RESTRICTIONS. As the Licensee, you may use or employ the PRODUCT as follows:
- You may use the PRODUCT only on computers with in the address listed on the ADVERTISING CONTRACT. Each ADVERTISING CONTRACT, establishes a LICENSE AGREEMENT for a single address, multiple licensing is restricted. All other offices must advertise to obtain this copyright agreement.
- You may not distribute copies of the PRODUCT, manual, or accompanying written materials to others outside of these address stated on the ADVERTISING CONTRACT except under the terms of this COPYRIGHT AGREEMENT.
- You may modify the PRODUCT map drawings as you see fit and you are permitted to create hardcopy printouts of data products and may use those printouts internally by your business in accordance with the terms and conditions of this License and for distribution at no additional charge.
- TRANSFER RESTRICTIONS. This PRODUCT is licensed only to you, the Licensee, and may not be transferred to anyone without the prior written consent of FHP, which will not be unreasonably withheld. Any authorized transferee of this product shall be bound by the terms and conditions of this Agreement and consent to transfer shall be conditioned upon an express affirmation by transferee to be bound by the terms of this Agreement. The PRODUCT and derivative works including digitized or compiled works cannot be resold or distributed in a form that is in competition with FHP. FHP will determine all forms of competition and the LICENSEE will adhere to FHP decisions.
- TERMINATION. This License is effective for the printed year of the county advertised in until the next edition of that county is published. FHP holds the right to terminate this License at any time and you agree to destroy the PRODUCT, together with all permitted and copies of modifications, which you have. This License will also terminate if you fail to comply with any term or condition of this Agreement. You agree, upon such termination, to destroy the PRODUCT together with all digital or paper copies and modifications thereof and all written agreements, which you have.
- GOVERNING LAW AND VENUE. You, the end users, by signing this agreement and retaining the product also agree to be bound by the laws of the State Of Iowa as well as applicable federal law. In addition, you agree that in the discretion of FHP, you may be sued and are subject to the personal jurisdiction of either the District Court for Wright County, Iowa or the Federal District Court for the Western District Of Iowa located in Sioux City, Iowa. You will waive any rights for change of venue.
- DISCLAIMER OF WARRANTY AND LIMITED WARRANTY. FHP furnishes this limited warranty to the original Licensee:
- The PRODUCT faithfully reproduces that portion of the data from which it is constructed. HOWEVER, there is NO EXPRESS OR IMPLIED WARRANTY as to the quality or accuracy of the Product derived from such data or their FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL FHP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECTS IN THE PRODUCT OR IN ANY DRAWINGS OR DATA FURNISHED BY ANY THIRD PARTY.
- EXCEPT AS NOTED HEREIN, THE PRODUCT AND ACCOMPANYING MANUAL OR WRITTEN MATERIALS, INCLUDING INSTRUCTIONS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED. FURTHER, FHP DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE PRODUCT, MANUAL OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT. IF THE PRODUCT, MANUAL OR WRITTEN MATERIALS ARE DEFECTIVE YOU, NOT FHP OR ITS REPRESENTATIVES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OR THE CONSEQUENCES OR LOSSES OF ANY KIND WHICH MAY FOLLOW. NO ADVICE GIVEN BY FHP, OR ANY REPRESENTATIVE, SHALL CREATE A WARRANTY OR IN ANYWAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE.
- NEITHER FHP NOR ANYONE ELSE WHO IS INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR SALE OF THIS PRODUCT, INCLUDING THE REPRESENTATIVE, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE, ARISING OUT OF THE USE OF OR INABLITY TO USE THE PRODUCT EVEN IF FUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c) (l) (ii) of the Rights in Technical Data and Computer Software clauses at DFARS 252.227-7013. Farm & Home Publishers, LTD., 524 River Avenue North, Belmond, Iowa 50421. Products are copyrighted. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES.
- ADDRESS OF FHP. If any questions arise regarding this PRODUCT, they should be directed to:
FARM & HOME PUBLISHERS, LTD. – ATTN: SALES MANAGER – 524 RIVER AVENUE NORTH – BELMOND, IA 50421 – 641-444-3508 – FAX: 641-444-5150
- INTEGRATION CLAUSE. This Agreement contains the entire agreement of the parties. No modifications may be made to this agreement orally and any modifications made must be in writing signed by both parties.
- QUALIFICATIONS FOR LICENSING. Each FHP ADVERTISER will be limited to the following number of counties determined by advertising placed in each county for that printed year only. This license expires for each county with the publishing of the next edition and all original and copies must be returned or destroyed to FHP.
Charles C Sheakley
Farm and Home Publishers
June 16th, 2015