LICENSE OF DATA.
The Nielsen Company (US), LLC ("Nielsen") and Cader Company Inc. ("PM"),
hereby grant the paid registrant ("You"; "Subscriber") a non-exclusive,
non-transferable license to access and use, subject to the terms and conditions
below, selected portions of Nielsen BookScan's archived and aggregated
US point-of-sales book data based on weekly sales reporting from participating
book retailers ("Data") as presented in the Nielsen BookScan/PM Data
service ("NB/PM Product"); and selected portions of Nielsen PubTrack
Digital's archived and aggregated monthly sales reporting from participating
book publishers ("Digital Data"), as presented in the Nielsen
PubTrackDigital/PM Digital Data service ("PTD Product"; collectively, the
Monthly data package subscribers are granted a non-exclusive, non-transferable license to
access and use Data and Digital Data on a maximum of 5 titles per monthly (the
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detailed sales breakdowns (by week; by DMA regions; over designated periods of
weeks), and may allow more ISBNs in the Sales Tracker.
The Products and the Monthly Product, and all Data and Digital Data, are
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to any Data and/or Data Product, or portion thereof, including, without
limitation, formats, schedules, specifications, techniques, participating data
providers, and/or methodology.
These Products are limited to use by literary agents and literary
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("Approved Users"); but not direct employees of any publishing company. The
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prices, on a monthly basis, beginning immediately upon enrollment and
continuing until You cancel your subscription to the Monthly Product and/or
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The Monthly Product may be cancelled at any time via the settings on the "Your
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In the event of such cancellation for cause, You shall be paid a refund of
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Nielsen is relying upon the truth, completeness and accuracy of data supplied
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warrant the accuracy of the Data. The Data may include estimates, based on
projections using statistical procedures Nielsen deems appropriate. The Data is
subject to inherent coverage, error rate, and other statistical factors.
EXCEPT AS EXPRESSLY SET FORTH HEREIN
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RESPECT TO THE DATA. IN NO EVENT SHALL PM AND/OR NIELSEN OR ANY THIRD PARTY
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PUNITIVE DAMAGES OR DAMAGES DUE TO LOSS OF USE OF THE DATA OR LOSS OF PROFITS
ARISING UNDER OR IN CONNECTION WITH THIS LICENSE OR OTHERWISE IN CONNECTION
WITH THE DATA. PM AND NIELSEN SHALL NOT BE LIABLE FOR ANY CLAIM ARISING OUT OF
OR IN CONNECTION WITH THIS LICENSE BROUGHT MORE THAN ONE (1) YEAR AFTER THE
CAUSE OF ACTION HAS ACCRUED OR IN AN AGGREGATE TOTAL AMOUNT IN EXCESS OF
AMOUNTS RECEIVED HEREUNDER. THESE ARE YOUR EXCLUSIVE REMEDIES.
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notice to you via e-mail. PM and Nielsen's sole and maximum liability in the event
of such cancellation shall be to provide you with a pro-rata refund of your pre-paid
Fee within 30 (thirty) days of the cancellation of service.
USE OF DATA.
You acknowledge that the Data comprises trade secrets and other confidential and proprietary
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would cause irreparable harm to Nielsen and/or such Third Party
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(a) provide access to the Data, disclose or distribute the Data, or any portion
thereof, to any third party, by any manner whatsoever, including any form of
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the course of normal business, provided such excerpts are properly sourced and
are rounded estimates and not actual, specific numbers;
(b) distribute, market, license or sell any derivative work based on the
(c) utilize any automated data-mining programs, including but not limited to,
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(d) make additional copies of the Data, with the exception of one (1) copy for
backup purposes unless otherwise specifically authorized herein.
Any use or disclosure other than as specified in this license is prohibited
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and then only after Subscriber having acted to preserve Nielsen's right to seek
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You acknowledge that, due to the unique nature of the Data, and the irreparable
harm that would be sustained by Nielsen by reason of any actual or threatened
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equitable relief as well as any other relief or remedy provided by law with
respect to any actual or threatened breach of this agreement.
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interpreted according to the laws of the State of New York. The parties consent
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under this Agreement.