New Media Legal Publishing, Inc. ("NMLP") will provide Licensee with access to a webpage where Licensee and the Authorized Viewers (defined below) may view the audio/visual product entitled "Deposition Testimony: 5 Simple Rules" ("Licensed Product") during the thirty day (30) license term ("License Term"). Licensee acknowledges that NMLP has engaged a third-party web hosting vendor ("Vendor") to host the webpage for NMLP, and that Vendor is responsible for all maintenance, repair, and the 24-hour Internet connection of one or more shared or physical computers necessary to host the webpage for NMLP, and in turn, for Licensee. Licensee understands and agrees that interruptions of web hosting services may occur due to events or circumstances that NMLP does not and cannot control, including without limitation scheduled maintenance and repair by Vendor, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power shortages, acts of terrorism, and/or uncontrollable acts of God, or other causes beyond Vendor's control, as defined by standard practices in the web hosting industry. Licensee agrees that under no circumstances will NMLP be held liable for any financial or other damages due to such interruptions. In no event shall NMLP be liable to Licensee or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay in providing access to the webpage for Licensee and/or Licensee's clients shall not constitute a breach of NMLP's obligations under the license to Licensee. NMLP will provide Licensee with an extension of the License Term in the event Licensee's access to the Licensed Product is interrupted.
NMLP will use its best efforts to provide Licensee and Licensee's clients will uninterrupted access to the webpage during the License Term by utilizing Vendor's customer service and technical support resources to restore such services in the event of an interruption. Licensee acknowledges that NMLP does not have its own customer service or technical support resources and all such services will be provided by Vendor.
The attorney who purchases, or on whose behalf an assistant or other authorized person purchases, the pay-per-view license from NMLP's website is referred to as the "Licensee." Licensee may grant access to the Licensed Product using the webpage and password supplied by NMLP only to Licensee and Licensee's clients (collectively, the "Authorized Viewers") during the License Term. Licensee may not grant access to the Licensed Product to any persons other than the Authorized Viewers without NMLP's prior, written consent. Licensee acknowledges that NMLP offers unlimited use licenses which would permit Licensee to grant access to the License Product to Licensee's partners, members, associates, employees or others associated with Licensee or Licensee's law firm or company, but that such licenses must be purchased separately, i.e., the right to grant access to the Licensed Product to anyone other than Licensee and Licensee's clients is not included with Licensee's purchase of individual pay-per-view sessions.
Licensee shall pay to NMLP a license fee of One Hundred Ninety-Seven Dollars ($197.00) for unlimited use of the Licensed Product during the License Term.
NMLP may terminate the license upon any failure by Licensee to cure a material breach of its obligations under the license after having received written notice of such breach from NMLP. Licensee may terminate the license at any time and for any reason upon written notice of such termination to NMLP. In the event of termination of the license by either NMLP or Licensee, Licensee shall not be entitled to any refund of the License Fee.
THE GOODS AND SERVICES NMLP IS TO PROVIDE TO LICENSEE UNDER THIS LICENSE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NMLP SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NMLP BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF NMLP HAS BEEN ADVISED BY LICENSEE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF NMLP'S SERVICE TO LICENSEE IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, NMLP SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY LICENSEE TO NMLP FOR SERVICES, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION.
If you have any questions about these terms and conditions, please contact us.