Subscriber agrees that all information which Dun & Bradstreet (Australia) Pty. Ltd. ("D&B") furnishes to Subscriber ("Information") pursuant to this Agreement will be used solely as one factor in subscriber’s credit, insurance, marketing or other business decisions and will not be used to determine an individual's eligibility for credit or insurance to be used primarily for personal, family or household purposes or to determine an individual's eligibility for employment. Subscriber also agree that the Information will not be used to engage in unfair or deceptive practices.
Information ordered by Subscriber pursuant to this Agreement will be at the prices set forth below. Subscriber authorizes D&B to charge Subscriber’s credit card number, details of which are provided below, with the total price indicated for Information ordered by Subscriber.
All Information is licensed to Subscriber and D&B retains all ownership rights in the Information and Subscriber obtains only such rights as this Agreement explicitly grants. This Agreement grants Subscriber a non-exclusive, non-transferable license to use the Information in its business subject to the limitations contained herein.
Subscriber agrees that the Information will not be reproduced, revealed or made available to anyone else, it being understood that the Information is licensed for Subscriber’s internal use only. All Information shall be held in strict confidence and shall not be revealed or disclosed to any third party. Subscriber agrees to indemnify, defend and hold harmless D&B from any claim or cause of action against D&B arising out of or relating to use of the Information by individuals or entities which have not been authorized by this Agreement to have access to and/or use the Information.
Subscriber acknowledges that D&B does not warrant or guarantee the timeliness, currentness, accuracy, completeness, merchantability or fitness for a particular purpose of the information. Subscriber also acknowledges that every business decision involves the assumption of a risk and that D&B, in furnishing the information to subscriber, does not and will not underwrite that risk, in any manner whatsoever. Subscriber therefore agrees that D&B will not be liable for any loss, damage or injury caused in whole or in part by D&B's negligence in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the information.
Subscriber agrees that D&B will never be liable for consequential damages, even if advised of their possibility. Subscriber also agrees that D&B's liability of any and all losses, damages or injuries which subscriber may suffer or incur arising out of any acts or omissions of D&B in connection with anything to be done or furnished hereunder, regardless of the cause of the loss, damage or injury and regardless of the nature of the legal right claimed to have been violated, shall never exceed $10,000.00 and subscriber covenants and promises that it will not sue D&B for a greater amount.
Subscriber acknowledges and agrees that the copyright to the Information is and shall remain with D&B. Subscriber further acknowledges that the Information, regardless of form or format, is proprietary to D&B and comprises: (a) works of original authorship, including compiled information containing D&B's selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (b) confidential or trade secret information; and (c) information that has been created, developed and maintained by D&B at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm D&B. Subscriber shall not commit or permit any act or omission by its agents, employees or any third party that would impair D&B's proprietary and intellectual property rights in the Information. Subscriber agrees to notify D&B immediately upon obtaining any information regarding a threatened or actual infringement of D&B's rights.
These Terms of Agreement constitute the entire agreement between Subscriber and D&B concerning the subject matter herein and shall be governed by and construed in accordance with the laws of the State of Victoria. If any term of this Agreement conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation shall prevail. These Terms of Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
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