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BEFORE USING THE (KWIKEE® AUTO RESOURCE SYSTEM ("KARS"),) CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT WITH MULTI-AD SERVICES, INC. ("MULTI-AD") THAT GOVERNS THE USE OF THIS SERVICE. WHEN YOU USE THIS SERVICE, YOU ACKNOWLEDGE AND AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ALLOWED ACCESS TO, OR USE OF THIS SERVICE. INQUIRIES SHOULD BE DIRECTED IN WRITING TO: MULTI-AD SERVICES, INC. 1720 W. DETWEILLER DRIVE PEORIA, ILLINOIS 61615-1695 ATTN: MPS DIVISION - KARS 1) Licensed Use. You are granted a non-exclusive right to use the illustrations contained in the current version of KARS for advertising and merchandising purposes only, including, but not limited to, flyers, inserts, direct mailers, ROP ads, internal publications, coupons, kiosks, on-line shopping, signs, labels and in-store video systems. 2) Restrictions On Use. You may not rent, lease, loan or sublicense images and data in KARS. You may not alter the images and data in KARS. Retail application developers may not use the images and data in KARS without the express written consent of Multi-Ad. The use and access of KARS outside the U.S. borders is prohibited. 3) Proper Use. You agree to represent KARS images and data correctly according to the proper image description of the manufacturer's product and the respective image or illustration it represents. 4) Copyrights, Trademarks And Other Intellectual Property. Except as otherwise provided in this Agreement and pre-existing agreements between Multi-Ad Services and its clients, you acknowledge that Multi-Ad is the owner of all rights in the PRODUCT, including its copyright in the individual images and data and the original selection and arrangement of images and data. By accepting this Agreement, you agree that you shall not challenge Multi-Ad's rights, including its copyrights, in the Kwikee Auto Resource System. Kwikee® is a registered trademark of Multi-Ad Services, Inc. All other applicable rights, patents, copyrights, trademarks and trade secrets in KARS are and shall remain with Multi-Ad. All rights in the product and underlying product images, including copyright, trademark and trade dress are and shall remain the property of the product manufacturer. The brand name illustrations are trademarks of participating companies in KARS. You agree to utilize the proper trademark designations (® for registered trademarks and (TM) for unregistered trademarks) of these participating companies. 5) Disclaimer Of Warranty. Multi-Ad disclaims all warranties, either express or implied, by operation of law or otherwise, including but not limited to any implied warranties or merchantability, fitness for a particular purpose, warranties against interference or against claims or interests of third parties or warranties against interference. Your sole and exclusive remedy for failure of performance of the images or data in KARS or for any breach of this Agreement by Multi-Ad is the return of the password to Multi-Ad and to notify Multi-Ad in writing of the failure of performance or breach within 90 days of receipt. 6) Termination. This license will terminate automatically if you fail to comply with any of the terms of this license agreement, and on any such termination, you will cease to use any of the licensed images or data or related material. Upon termination you will return all passwords to Multi-Ad. Either party to this Agreement may terminate this Agreement at any time. 7) Damages. In no event shall Multi-Ad be liable for special, indirect, incidental or consequential damages in any way relating to the use, or arising out of the use, of KARS, even if advised of the possibility of such damages. 8) General. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. Breach of the terms of this Agreement will cause Multi-Ad irreparable damage. Entire Agreement. This is the complete and exclusive statement of the agreement between you and Multi-Ad which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this Agreement. Governing Law. This Agreement and performance hereunder shall be governed by the laws of the State of Illinois. Multi-Ad shall have the right to collect its reasonable expenses incurred in enforcing this agreement, including reasonable attorney's fees and court costs. You agree, if any litigation is filed to construe, interpret, or enforce this agreement, venue thereof will be proper in Peoria County, Illinois. kars_support@multi-ad.com |