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PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE BUYING ANY PRODUCT FROM BIG-MAILING-LIST.COM. IF YOU DO NOT AGREE WITH THE TERMS OF THE LICENSE, DO NOT BUY THE MAILING LIST FROM US. BY PURCHASING A MAILING LIST FROM US, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. 1. Use Restrictions: Big Mailing Lists grants to you, the End-User a non-exclusive, non-transferable license to use this product and the information it contains (the database "Content") subject to the following restriction: It may be used only by the purchasing End-user and may not be made available for any other use by loan or rental. 2. Proprietary Rights: The Databases are proprietary to Big Mailing Lists and will remain the exclusive property of Big Mailing Lists, and the End-user obtains no rights therein except as set forth in this License. The Databases and the information contained therein may not be duplicated, transferred, sold or commercially exploited in any manner. End-user agrees to take reasonable measures, which ensure that such unauthorized use is not made. 3. Disclaimer of Warranty on Databases and Software: THE DATABASES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. Big Mailing Lists DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS PRODUCT IN TERMS OF THE ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PRODUCT IS ASSUMED BY THE END-USER. 4. Limitations of Liability: In no event shall Big Mailing Lists's total liability to the End-User for all damages, losses and causes of action, whether in contract, tort (including negligence and strict liability) or otherwise, exceed the license fee for the product. NEITHER Big Mailing Lists NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT 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 INABILITY TO USE SUCH PRODUCT EVEN IF Big Mailing Lists HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. Updates may be provided and a fee may be charged for the updates, however, they are not a mandatory obligation of Big Mailing Lists, for the purposes of this license agreement or any other purposes or implications. 6. Product form, Usage and Support: Big MailDatabase is "information", not "software". The product is delivered in a popular database "format" simply making it easily accessible for any database applications. "Information" requires no technical support. The Mailing List is an electronic product and will be delivered electronically via email as an attachment or a link provided to download the product. 7. Undeliverable Records: Big Mailing Lists will replace with new records or will refund the money by presented list on over 15% of inaccurate records on production of adequate proof. Non-delivery of emails can happen even if the email address is correct and non-delivery alone cannot be adequate proof of inaccuracy. 8. Complete Agreement: This license constitutes the entire agreement between the End-User and Big Mailing Lists, which supercedes any proposal or prior agreement, oral or written, and any other communications between the End-User and Big Mailing Lists relating to the subject matter of this License. No dealer, distributor, agent or employee is authorized to make any modifications or additions to this license. International Laws shall govern any question concerning the validity, construction, or performance of this Agreement.
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