platform using automated means. The Licensee shall not use the Publication, the digital
platform on which it is provided, or any portion thereof in connection with: (1) the
development of any software, program, model, algorithm, or other generative AI tool,
including, but not limited to, training or using the Publication or its content in connection
with the development or operation of a machine learning or artificial intelligence (AI)
system (including any use of the Publication for training, fine tuning, or grounding the
machine learning or AI system or as part of retrieval-augmented generation) or (2)
providing archived or cached data sets containing the Publication or any of its contents to
another person or entity.
The Licensee may not remove or alter Publisher’s copyright notices or other means of
identification or disclaimers as they appear in the Publication.
Licensee is required to notify the Publisher of any infringements of copyrights or
unauthorized use of which they become aware.
Licensee will cooperate with the Publisher in investigating any such unauthorized uses and
taking reasonable steps to prevent a reoccurrence.
7. Delivery
The Publication will be delivered in standard Internet formats. It is the responsibility of the
Licensee to establish and maintain stable Internet connections and to provide and install
suitable Web browsers necessary to view the Publication.
The Publisher shall use reasonable efforts to provide continuous availability of the
Publication through the Internet.
It is understood that availability will be subject to periodic interruption due to maintenance
of the server(s), installation or testing of software, the loading of new information files, and
downtime related to equipment or services outside the control of the Publisher, including
public and private telecommunications services or Internet nodes or facilities. In no case
shall Publisher be liable to Licensee or to any other party for any failure to maintain the
continuous availability of the Publication through the Internet.
8. Copyright and Proprietary Rights
The entire contents of the Publication are copyrighted by the Publisher under the Copyright
Law of the U.S. (Title17, U.S. Code), which is party to both the Universal Copyright
Convention and the Berne Copyright Convention and is registered by the Copyright
Protection Center of China. Licensee agrees not to remove or obscure copyright notices.
The Publisher is the owner of all right, title, and interest in and to the Publication and its
contents. This License grants no copyright or ownership interests to Licensee for any of the
material and proprietary information referred herein belonging to the Publisher.
9. Warranty
THE PUBLICATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES AS TO
THE ACCURACY OR COMPLETENESS OF THE METHODS. IT IS LICENSEE’S ENTIRE RISK AS
TO THE SELECTION, QUALITY AND PERFORMANCE OF THE METHODS.
NEITHER THE PUBLISHER, NOR ANY INDIVIDUAL OR OTHER PARTY INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE PUBLICATION SHALL BE LIABLE FOR ANY
DAMAGES THAT RESULT
FROM LICENSEE’S USE OF THE PUBLICATION SUCH AS LOST TIME, LOST PROFITS,
COMPUTER PROBLEMS, OR OTHER SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR
WHETHER SUCH DAMAGES ARE DEEMED TO RESULT FROM THE FAILURE OR
INADEQUACY OF ANY EXCLUSIVE OR OTHER REMEDY.
In no case shall Publisher’s liability exceed the amount of the License Fee paid during the
12- month period preceding any claim or notification of damages.
10. Termination
A party may terminate this Agreement: (i) if the other party is in material breach of this
Agreement and fails to cure the breach within 30 days of receiving written notice from the
non-breaching party or (ii) if the other party becomes the subject of a petition in
bankruptcy or any proceeding relating to insolvency, receivership, liquidation or
assignment for the benefit of creditors. Any notice of breach must contain specific
information to substantiate the alleged breach. If Licensee terminates due to Publisher’s
breach, Licensee’s exclusive remedy is a pro-rata reimbursement of prepaid License Fee
covering the remainder of the then-current term after the Termination Date. If Publisher
terminates due to Licensee’s breach, Licensee will not be entitled to reimbursement of
prepaid License Fees.
On termination of this Agreement, access to the Publication site by Licensee shall be
terminated.
11. General
This Agreement is the entire statement of the license terms for the Publication, and may
not be modified without the express written consent of both parties. The Licensee must pay
any applicable taxes, other than taxes on the Publisher’s net income, arising out of the
Licensee’s use of the Publication and/or the rights granted under this Agreement.
The Licensee may not assign or transfer its rights under this Agreement without prior
written consent of the Publisher. The provisions of Sections 6, 8, and 9 shall survive any
termination or expiration of this Agreement.
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