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Nielsen Publishers Marketplace BookScan
Nielsen Publishers Marketplace BookScan Customer Terms of Use
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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 "Products").

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 "Monthly Product").

These terms shall apply to, be binding upon, and are hereby accepted by any and all additional employees ("Secondary Subscribers") at your company who register for discounted individual access as part of your license.

The NB/PM Products and the PTD Product currently allow searches by author, title, and ISBN; present one or more bestseller lists; and let You maintain a list of up to 5 designated ISBNs to follow automatically on a weekly and/or monthly basis in a Sales Tracker. The NB/PM Product also provides various 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 provided on an "as is" basis, and are subject to change and/or limitation at any time, without notice, in PM and Nielsen's sole discretion. For example, Nielsen may, from time to time, in its sole discretion, make changes to any Data and/or Data Product, or portion thereof, including, without limitation, formats, schedules, specifications, techniques, participating data providers, and/or methodology.

AUTHORIZED USE.
These Products are limited to use by literary agents and literary scouts; authors; other publishing professionals as approved by Nielsen and PM ("Approved Users"); but not direct employees of any publishing company. The Monthly Product is available only to employees of companies that generate annual revenue of less than $5 million.

You warrant and represent that in requesting access to the Product, You are an Approved User. Nielsen and PM reserve the right to deny your application for service for any reason without notice.

A paid PublishersMarketplace.com account ("PM Account") is required for each individual accessing the Products. If You and/or any Secondary Subscribers fail to make payment for the required PM Account and/or elect to cancel it, You shall lose access to the Products until the PM Account is paid for and/or reinstated, and shall not be entitled to any refund or extended service for any missed days of use.

No access to the Products will be granted until your invoiced annual license fee ("Fee") is paid in full. Once paid, the Fee is nonrefundable and noncancellable by You.

You must be a paid subscriber to the NB/PM Product to qualify for a subscription to the PTD Product.

Upon payment of the Fee, PM shall provide You, and any licensed and paid Secondary Subscribers, with one year of access to the Products through your PM Account (the "Term"). The primary Subscriber's Term shall apply to any and all Secondary Subscribers, regardless of when during the term they elect to pay for and receive the Product. Similarly, the Term of the PTD Product shall be the same as the Term of the NB/PM Product.

For the Monthly Product, You authorize us to charge You for use of the Services, at the posted prices, on a monthly basis, beginning immediately upon enrollment and continuing until You cancel your subscription to the Monthly Product and/or your Publishers Marketplace membership. PM shall provide the User 30 days of access for each billing charged.

The Monthly Product may be cancelled at any time via the settings on the "Your Account" page. Cancellations are not deemed executed and valid until You receive a confirmation e-mail from us, which You should retain as proof of your cancellation. (If You do not receive a confirmation e-mail, it is your responsibility to verify that your cancellation took place, by sending e-mail to sales@publishersmarketplace.com.)

There shall be no refunds for any unused time portion of the most recent month's Monthly Product billing.

Each Subscriber represents and warrants that the Product(s) will be used by that individual and no other person, for internal use only. Any individual site login and access to the Product(s) may not be shared with any other individual, including others at your company.

Your PM Account and Product use shall be monitored by us to ensure that your access complies with these Terms of Use. In the event of any suspicious activity, PM shall have the right to temporarily suspend your access for up to 14 (fourteen) days upon providing written notice to You by e-mail. If the suspicious usage is not adequately explained and/or cured, in our sole discretion PM may cancel your access to the Product.

In the event of such cancellation for cause, You shall be paid a refund of one-half of the pro-rata Fee for the time remaining in your license. Nielsen reserves the right to pursue any and all additional remedies for unauthorized use of the Data in violation of these Terms of Use.

NO WARRANTY, LIMITATION OF LIABILITY.
Nielsen is relying upon the truth, completeness and accuracy of data supplied to it by third parties outside of its control. Therefore, Nielsen does not 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 ABOVE, PM AND NIELSEN MAKE NO WARRANTY OR REPRESENTATION AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE DATA. IN NO EVENT SHALL PM AND/OR NIELSEN OR ANY THIRD PARTY LICENSORS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR 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.

CANCELLATION BY US.
Nielsen and PM may cancel your access to the Product at any time, upon 24-hour 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 information, and are the sole and exclusive property of Nielsen or third party providers that have licensed Nielsen to use and sublicense portions of the Data (collectively, "Third Party Licensors"). You agree to keep the Data strictly confidential and acknowledge that any unauthorized access, use, disclosure or reproduction of the Data Services, or the Data contained therein, would cause irreparable harm to Nielsen and/or such Third Party Licensors.

The Data are licensed to Subscriber for your internal use only, and in no event shall You:

(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 on-line technology, except for the private business use of limited excerpts in 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 Data;

(c) utilize any automated data-mining programs, including but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, scripts, or macros; or

(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 without Nielsen's prior written consent. No Data may be placed on any data retrieval systems that may be accessed outside your immediate organization; nor may any Data be used in any legal proceeding, except in the case of court order and then only after Subscriber having acted to preserve Nielsen's right to seek protection.

You shall indemnify and hold PM and Nielsen harmless from any and all loss, damage, liability and costs, including attorney's fees, resulting from any claim or demand by third parties, arising from any misuse or misrepresentation by You with respect to the Data.

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 breach of the provisions of this agreement, Nielsen may have the right to seek equitable relief as well as any other relief or remedy provided by law with respect to any actual or threatened breach of this agreement.

OTHER CONDITIONS.
The terms and conditions of this license shall exclusively be governed by, construed and interpreted according to the laws of the State of New York. The parties consent to the exclusive jurisdiction of courts located in New York, NY for any dispute under this Agreement.