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GetthePatent.com Terms of Use
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Last Updated: June 13, 2007
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NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING THIS WEB SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
Cartesian Products, Inc. ("CPI") provides access to patent images and text, viewing software, search engines, and
various convenience tools through its web site, GetThePatent.com (the "Service"). The Service is provided subject to the following
terms and conditions (the "Agreement"). By using this site or downloading materials from this site,
you acknowledge that you have read, understood, and agreed to be bound by this Agreement.
Limited License
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This Web site and its contents are copyrighted and protected by worldwide copyright laws and treaty provisions.
Subject to the terms and conditions set forth in this Agreement, CPI grants you a non-exclusive, non-transferable,
limited right to view and download the material at this Web site (the "Documents").
Any rights not expressly granted herein are reserved.
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Use of Software
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Any software and associated documentation made available for download from this Web site (the "Software")
is the copyrighted work of CPI or its suppliers. You acknowledge that such Software
is owned by CPI or its suppliers and is protected by United States copyright laws and international treaty
provisions. Your use of any such Software is subject to the license terms in the End User License Agreement that
accompanies or is provided with the Software. Ownership of all applicable copyrights is retained
by the copyright holder.
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Links to Other Web Sites
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The Service provides links to third party Web sites solely as a convenience to you.
CPI does not endorse or make any representations about these Web sites, or any information, software or other products
or materials found there, or any results that may be obtained from using them. If you decide to access any of these Web sites,
you do this entirely at your own risk.
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Registration Profile
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Certain portions of the Service are restricted to registered users of the Service. In order to
become a registered user, you are required to provide certain personal information (the "Registration Profile").
You agree to provide an accurate, current, and complete Registration Profile, and, to maintain and promptly
update the Registration Profile to keep it accurate, current, and complete.
The Registration Profile is subject to the Service's Privacy Policy as specified
at http://www.GetThePatent.com/Terms/Privacy/.
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Account Security
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If you become a registered user of the Service, you will receive a personal account and
a password. You are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that occur under your account.
You agree to (a) immediately notify CPI via email to "security@GetThePatent.com" of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you exit from your account
at the end of each session.
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Guest Accounts
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The Service provides free, temporary guest accounts to allow new users to evaluate the service. There is
no charge for the use of a guest account. You may not make use of multiple guest accounts.
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Subscriptions
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In order to continue to use the Service once your guest account has expired,
you must subscribe to the Service. If you subscribe to the Service, you accept responsibility
for all fees incurred by the use of your
subscription, as described in the fee schedule. You agree to
provide CPI with a valid credit card, for which you have authorization privileges, and you authorize
CPI to make periodic charges against any credit card that you provide to cover said fees.
Subscriptions are on a month-to-month basis and are automatically renewed each month until such time as you
explicitly cancel the subscription. To cancel the subscription, send an email message containing your GetThePatent.com
account ID and password to "cancel@GetThePatent.com". Subscription fees incurred prior to the cancellation are not refundable.
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PDF Delivery
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Subscribers may also use the Service to order patent documents in the PDF file format. When you order PDF documents, you agree to
pay the applicable fees, as described in the fee schedule.
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File Histories
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Subscribers may also use the Service to order file histories. When you order a file history, you agree to
pay the applicable fees upon delivery of the file history, as described in the fee schedule.
Once a file history order has been submitted, the order can not be cancelled.
In exchange for the file history fee, the file history will be made available within your account for a period of
30 days. Once the 30 day period has lapsed, the file history will no longer be available
from within your account. Copies of the file history that were saved outside your account (e.g., on your local computer) may
continue to be used in perpetuity without additional charges.
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Prohibitions
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You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion
of this Web site or the Software.
You may not tamper with any metering or disabling procedures used by the Service.
You may not use robots, scripts, or other automated means to access the Service.
You agree not to interrupt or attempt to interrupt the operation of the Service in any way.
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NO WARRANTIES
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You understand and agree that your use of the Service is at your sole risk. CPI assumes no responsibility for
the correctness, completeness, timeliness, reliability, availability, or any other aspect of the Service or its use.
THE SERVICE IS PROVIDED "AS-IS", WITHOUT WARRANTY
OF ANY KIND, AND CPI HEREBY DISCLAIMS ALL WARRANTIES INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN NO EVENT SHALL CPI
OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF
THE USE OF, OR INABILITY TO USE, THE SERVICE.
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Limitation of liability
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CPI SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHER DAMAGES, EVEN
IF CPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Changes
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CPI reserves the right, at its sole discretion, to modify, add, or remove any portion of this Agreement
or the fee schedule, in
whole or in part, at any time. You will be notified when you login to the service if the terms of the
Agreement or fee schedule have changed
since you last logged in. Your use of the Service after such notification
shall be deemed to constitute your acceptance of the changes and your agreement to be bound by the
revised terms.
CPI may, at its sole discretion, terminate, change, suspend or discontinue any aspect of the Service, including the availability of any
features of the Service, at any time. CPI may also impose limits on certain features and services or restrict your
access to parts or all of the Service without notice or liability. CPI may terminate the authorization, rights and license given
above and, upon such termination, you shall immediately destroy all materials that have been downloaded or otherwise copied
from this Web site. You agree not to attempt to circumvent
any restrictions that CPI has imposed on your access to the Service.
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Entire Agreement
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This Agreement contains the entire agreement between the parties hereto with respect to your use of the service. No
verbal agreement, conversation, or
representation between any officers, agents, or employees of the parties hereto shall affect or modify any of
the terms or obligations herein contained.
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Severability
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If any provision of this Agreement shall be held, by a court of competent jurisdiction, to be void, invalid, or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction
finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become
valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
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Waiver of Compliance
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The failure of CPI to enforce any provision of the Terms shall not be construed as a waiver or limitation of CPI's right to
subsequently enforce and compel strict compliance with every provision of the Terms.
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Governing Law
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This Agreement shall be governed by the laws of the State of Massachusetts.
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