By selecting or otherwise contracting for a paid service offered on or through the dataZoa website you agree to pay LMT the annual or monthly subscription fees corresponding to the service you select or otherwise contract for with LMT. Unless otherwise specified in written terms between you and LMT, you agree that payments will be charged on a pre-paid basis at the time you sign up for such service and will cover your use of that service for the contracted annual or monthly subscription term corresponding to your purchase. Paid service fees are non-refundable. Your subscription will renew automatically at the end of the contracted service term unless you notify LMT 60 days prior to the end of a then current annual subscription term, or 5 days prior to the end of a then current monthly subscription term. In the event of an automatic renewal you authorize LMT to collect the then-applicable monthly or annual subscription fee plus applicable taxes for the then currently contracted services and you authorize LMT to utilize any credit card or other payment mechanism we have on record for you. Paid services may be cancelled via written email notice to LMT at SUPPORT@LMTECH.COM or via FAX to +1 617-494-4788.
LMT and/or its suppliers as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services.
Except as clearly anticipated by the design of the offered services (shareable and embeddible dataZoa data displays, shareable dZBoards, shareable Tabs, sharing of data from your dataZoa account,
and downloading and use of dataZephyr or dataZephyr-PRO), you agree not to reproduce, duplicate, copy, sell, or resell, any portion of the Services,
use of the Services or any portion thereof, or access to the Services or any portion thereof,
except to the extent that you or your organization has secured a "Commercial/Institutional Publishing" license and are using the Services
commercially under that agreement. You or your organization may utilize the Services internally for your personal or business purposes respectively, consistent with the type of license you have purchased
including for information access, sharing and analytic use. Additionally, you may not, without written permission from us:
(A) Use, copy, modify, merge, create derivative works of, or transfer copies of the Services or any component of the Services except in forms and ways expressly provided by the features of the Services;
(B) Use any backup or archival copies of the the Services, its software or any information included as part of the Services (or allow someone else to use such copies) except as provided for by the services;
(C) Disassemble, decompile or "unlock", reverse translate, reverse engineer, reverse compile, or in any manner decode the Services software or any aspect of the Services for any reason, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
In addition to the foregoing, you acknowledge that LMT may establish general practices and limits concerning use and features of the Services, including without limitation the maximum number of concurrent sessions you may have or utilize with your account, the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time, the amount of data or number of data items or series or topics you may receive or store or transmit information on at any time or during any time period, and the frequency with which information is updated. You acknowledge that LMT reserves the right to log off users that are inactive for an extended period of time, however LMT wishes to define "inactive" or "extended" in its sole discretion. You further acknowledge that LMT reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree not to remove, deface or obscure any of LMT's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services.
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". LMT, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LMT, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED WITHIN THE SERVICES OR ANY RESULTS WHICH MAY BE OBTAINED THROUGH USE OF THE SERVICES, REGARDING ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY DATA, INFORMATION OR OTHER MATERIAL OR INFORMATION DOWNLOADED OR UPLOADED BY YOU OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR IN ANY WAY USED OR RELIED UPON BY YOU IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. You agree to indemnify and hold LMT, and its subsidiaries, affiliates, officers, agents, co-branders, suppliers, resellers or other partners, and employees, harmless from any claim or demand, including but not limited to attorneys' fees, made by any third party due to or arising out of your use, or the use by any person of your dataZoa account or access to the services, which is in any way a violation of the terms of this Agreement or a violation of any rights of another. Without limiting the foregoing, the services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, ground traffic control systems and life support or weapons control systems. Without limiting the generality of the foregoing, LMT, its subsidiaries, affiliates, officers, agents, co-branders, suppliers, resellers, other partners, and employees, specifically disclaim any express or implied warranty of fitness for such purposes. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.
OUR LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES, AND IN NO CASE SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR PRECEEDING THE CIRCUMSTANCES GIVING RISE TO SUCH CLAIM, OR ONE DOLLAR ($1.00), WHICHEVER IS GREATER. . THIS REMEDY IS CUMULATIVE AND NOT PER INCIDENT. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT OR OTHERWISE, SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, INCLUDING LOSS OF REVENUES OR PROFITS, LOST OR DAMAGED DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR ANY OTHER PECUNIARY LOSS OR DAMAGE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF LITIGATION IN VOLVING dataZoa, YOU AGREE THAT AFTER FINAL JUDGEMENT AND EXHAUSTION OF APPEALS THE NONPREVAILING PARTY SHALL PAY ALL REASONABLE COSTS OF LITIGATION OF THE PREVAILING PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES. You acknowledge that LMT has set its prices and entered into this Agreement with you in reliance upon the disclaimers of warranty and the limitations of liability set forth in the foregoing, that these terms reflect an allocation of risk between the parties (including a risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that these terms form an essential basis of the bargain between the parties. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.
The following provisions will survive termination of this Agreement: (i) the sections relating to registration, proprietary rights, prohibited uses, third party web sites, warranty disclaimer, limitation of liabililty and copyright; and (ii) any other provision of this Agreement that must survive termination to fulfill its essential purpose.