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NISC DISCover Purchase Form

Some NISC DISCs are available for a one-time purchase fee. Other products have an option for purchase of the final disc at the end of an annual subscription. Prices are listed on the product facts sheets. A purchase is a license to use the product in perpetuity in accordance with the terms of the Agreement given at the end of this page. With the exception of such titles as PsycLit® and sociofile®, many products can be purchased on a one-time basis (i.e., without updates) for 3-4 times the annual subscription rate. Please contact NISC at: sales@nisc.com to enquire about the availibility of specific titles under this one-time purchase program.

Please provide complete billing and shipping contact information below. We may need to contact you now about your order, or later for special product announcements. We will verify the information below prior to shipping any product.

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SHIPPING ADDRESS (sorry, we cannot ship to a P.O. box): Enter all information applicable.

Name: Telephone:
Organization Name: Fax (important):
Div. /Department:
Street Address: Street Address (cont.):
City: State/Province:
Zip/Postal code: Country:
E-mail: URL:

 

BILLING ADDRESS (if different):

Account Manager: Telephone:
Organization Name: Fax (important):
Div. /Department:
Street Address: Street Address (cont.):
City: State/Province:
Zip/Postal Code: Country:
E-mail: URL:

Notes/Special Instructions:

Prices provided within the drop-down boxes below apply to customers located in the USA and Canada only and will differ for other regions of the world due to local conditions, service, expenses, taxes, etc.

NISC DISC Qty. Unit Price Shipping
&Handling1
SubTotal
Maryland State customers: add 5% sales tax.
TOTAL:

1Shipping & handling per product is US$10.00 within the United States, US$20.00 outside the United States. Other taxes and duties may apply. All prices are subject to change and are in US Dollars.

METHOD OF PAYMENT:

Purchase order: P.O. # Amount
Bill me at the above address (subject to credit approval and fees where applicable; shipment may be delayed).

Call or fax us to order by VISA or MC.

AUTHORIZATION (order cannot be processed without):
Your typed name below certifies that you have read and accepted the terms and conditions of use of the "NISC DISC CD-ROM Purchase Agreement" below.

Name: Date: Title:

You may also reach NISC at the contact information given at the end of this page.

NISC DISC CD-ROM PURCHASE AGREEMENT

A. PARTIES: The parties to this "Agreement" are Customer, as licensee, and National Information Services Corporation ("NISC"), as licensor. This Agreement shall become effective between the parties upon the Customer's first purchase of and receipt of a NISC product.
B. PRODUCTS: 1. The "Products" subject to this Agreement are: a) electronic data on optical compact discs which are ordered under this Agreement by the Customer; b) The 4 Software or any other software provided by NISC to Customer that permits searching, retrieval, and reporting of information contained within the Database(s); and, c) the "Media" upon which the Database(s) and Software are delivered to Customer.
2. NISC reserves the right to alter or modify Products from time to time, including portions thereof. Such alterations and/or modifications may include, without limitation, addition or withdrawal of features, data, or changes in instructions.
C. LICENSED USE: 1. NISC hereby grants to Customer and Customer hereby accepts from NISC a non-transferable license in perpetuity to use the Products in accordance with the terms and conditions set forth herein. Customer acquires no ownership rights to the Products whatsoever, or any portions thereof, and all such rights remain with NISC and the data supplier. The Products are property of NISC and the data supplier. Customer's uses of the Products are subject to any disclaimers and restrictions on usage that may be published by NISC and/or in conjunction with the data supplier. Neither the Products, nor any portions thereof, may be reproduced, transferred, or transmitted in any form or by any means without the written consent of NISC, except as expressly permitted by this Agreement.
2. Customer may use the Products only for internal purposes and shall not use the Products as a part of or as the basis of a database for commercial sale, access, or distribution outside of the Customer's organization. Customer is not permitted to alter or duplicate the Products in any manner.
3. Specific restrictions which apply to Customer's use of the Products, or any portions thereof, include the following: a) Products cannot be used in a service or software rental bureau, timesharing, interactive cable television; b) Portions of the Database may be copied onto electronic/magnetic media (or other machine-readable form) for temporary use or storage only in conjunction with Customer's editing or re-formatting of data for purposes of making a single printout; c) The Products, including any portions thereof, shall not be exported outside of the territorial limits of the country in which it was originally delivered; and d) Customer may not reverse engineer, decompile, attempt to disassemble or reveal the proprietary programming techniques and structures used in the software, nor create derivative works based on the Products or any portions thereof.
D. THIRD-PARTY ACCESS: In the event that Customer is a public library, an educational institution, a government agency, or a non-profit entity providing public access to data/information, then, notwithstanding the restrictions described in Sections C. and D., Customer may provide public access to the Database by public users. No other transfer of Database portions are permitted under this Agreement and no rights are given for the retrieval and printing of Database portions to third parties by or through any for-profit entity.
E. COPYRIGHT AND PROTECTION: 1. The Products, including all portions thereof, except where expressly stated otherwise, are protected by copyright and other laws respecting proprietary rights. Unauthorized reproduction, transfer and/or use may be a criminal, as well as civil, offense under applicable law.
2. Customer shall take all necessary action, whether by instruction, agreement or otherwise, to restrict, control and limit the access to the Products to those uses expressly permitted hereunder (unless otherwise agreed in writing by NISC) and shall secure the Products, and all portions thereof, to prevent unauthorized copying, transfer or use.
F. LIMITED WARRANTY, REPRESENTATIONS, AND RISKS: 1. NISC provides the following limited warranty to Customer: a) The media provided to Customer is not defective at the time shipped to Customer; and b) The Database and Software will function substantially as described in Documentation (as may be modified from time to time). Software may contain errors and, although NISC may use its best efforts to correct significant errors in Software, NISC does not warrant that all errors will be corrected. The Customer's sole and exclusive remedy under this limited warranty is to return the Products to NISC, at Customer's expense, for free repair or replacement within ninety (90) days of Customer's discovery of error or malfunction.
2. While the Products have been prepared using reasonable standards of care and while there are no indications or reasons to believe that there exist inaccuracies or defects in the Products, NISC AND THE DATA SUPPLIER MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXCEPT AS SET FORTH IN 1. IMMEDIATELY ABOVE, WHICH ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NISC AND THE DATA SUPPLIER NEITHER ASSUME NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR NISC AND THE DATA SUPPLIER ANY OTHER LIABILITY IN CONNECTION WITH THE LICENSING OF THE PRODUCTS UNDER THIS AGREEMENT AND/OR THE USE THEREOF BY CUSTOMER OR THIRD PARTIES.
3. NEITHER NISC NOR THE DATA SUPPLIER WARRANT THE ACCURACY OF INFORMATION CONTAINED WITHIN ANY DATABASE AND ALL RESPONSIBILITY PERTAINING TO THE USE THEREOF UNDER THIS AGREEMENT IS HEREBY ASSUMED BY CUSTOMER. NEITHER NISC NOR THE DATA SUPPLIER SHALL BE LIABLE FOR LOSS OF USE OF PRODUCTS (OR PORTIONS THEREOF), INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF AWARE OF THE POSSIBILITY THEREOF.
4. IN NO EVENT MAY CUSTOMER BRING ANY CLAIM OR CAUSE OF ACTION AGAINST NISC OR THE DATA SUPPLIER MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, IRRESPECTIVE OF THE CAUSE OR FORM OF ACTION, NISC'S LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE FEE THEN PAID BY CUSTOMER FOR THE PRODUCTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION, WHETHER OR NOT DUE TO BREACH OF WARRANTY, OF ANY OBLIGATION ARISING HEREUNDER, AND WHETHER LIABILITY IS EXPRESSED IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY.
5. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF IMPLIED WARRANTIES OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO EVERY CUSTOMER AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. Customer agrees to indemnify, defend and hold NISC and the data supplier harmless from and against any and all claims from third parties arising out of or in any way related to Customer's use of the Products.
G. RIGHTS OF TERMINATION: 1. If Customer breaches any provision of this Agreement, in addition to any rights or remedies, this Agreement and all licenses granted hereunder are terminated without notice, in which event, Customer shall destroy the Product and any back-up copy of the Software.
2. If Customer or NISC terminates this Agreement, the license granted hereunder shall be automatically terminated, in which event, Customer shall destroy the Product and any back-up copy of the Software.
3. The provisions set forth in Sections C., E. and H. shall survive the term of this Agreement and shall continue in force into perpetuity.
H. GENERAL PROVISIONS: 1. This Agreement, and the license granted herein, may not be assigned by Customer to any third party.
2. If any term or condition hereof is found by a court or administrative body to be invalid or unenforceable, the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law.
3. This Agreement shall be construed and interpreted in accordance with the laws of the State of Maryland, United States of America, without giving effect to the principles of conflict of law thereof.
4. NISC's remedies herein are not exclusive and are in addition to any other remedies available at law or in equity, none of which shall be deemed as waived by virtue of NISC's exercise of any other remedy.
5. This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings. There are no representations, warranties, promises, covenants or undertakings, except as described herein.
6. End.

 

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National Information Services Corporation
NISC USA

  
Wyman Towers, 3100 St. Paul Street,

Baltimore, Maryland 21218 USA
Tel: +1 410 2430797 Fax: +1 410 2430982
Sales: sales@nisc.com
www.nisc.com
A Company in the Public Interest  
Copyright © 2005 National Information Services Corporation. All Rights Reserved.