Limited License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS YOUR USE (AND USE BY THE ORGANIZATION YOU REPRESENT) OF THE STANDARDS, OUTLINES OF INVESTIGATIONS, INTERIM SUSTAINABILITY REQUIREMENTS, AND OTHER STANDARDS-RELATED MATERIALS OF UNDERWRITERS LABORATORIES INC., UL ENVIRONMENT, INC. AND/OR ULC STANDARDS (AS APPLICABLE) THAT YOU OBTAIN THROUGH Comm 2000 (EACH, A “PUBLICATION” AND COLLECTIVELY, THE “PUBLICATIONS”) IS SUBJECT TO AND CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU AND YOUR ORGANIZATION DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, DO NOT ACCESS AND USE THE PUBLICATIONS.
Subject to the terms and conditions below, you (on behalf of the organization you represent) are hereby granted a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access and use those Publications that you have obtained through Comm 2000 in exchange for the applicable license fees solely in accordance with the type of license you have purchased.
The permitted uses of the Publication depend on the type of license that you purchase, as described below:
Publications in Electronic Format (Non-Site License)
If you purchase a license to a Publication in electronic format (non-site license), the number of copies of that Publication may be accessed and used depends on the number of licenses that you have purchased. If you purchase a single license for a Publication in electronic format, you may download, view and print a single copy of the Publication, or portions thereof. That is, you may access and download one (1) electronic file of the Publication (or portion thereof) for temporary storage on one computer at a single location for purposes of viewing, and/or printing one (1) copy of the Publication. If you purchase multiple licenses for a Publication in electronic format, the number of electronic files of the Publication that may be accessed and downloaded is equal to the number of licenses you have purchased, and you may print an equal number of hardcopies. For example, if you purchase two (2) licenses for a single Publication, two (2) electronic files of that Publication may be downloaded and temporarily stored, and one (1) copy may be printed from each electronic file, so that there may be up to a total of two (2) hardcopies of the Publication. Electronic files may not be transferred from computer-to-computer and may not be stored on an intranet or other external or internal network where files can be shared. In no event may the hardcopy prints of any Publications be copied, and the total number of hardcopies in your organization may not exceed the total number of licenses that you have purchased.
Publications in Electronic Format (Site License)
If you purchase a site license to a Publication in electronic format, the number of users from your organization who may simultaneously access and use that Publication at a single or multiple locations depends on the number of users and number of site locations specified in the site license. For example, if you purchase a two (2) user site license for a single Publication for use at one location, you may downloaded and temporarily store that Publication on your organization’s network for simultaneous access by two (2) users at a single location, and one (1) copy may be printed by each user, so that there are a total of two (2) hardcopies of the Publication. In no event may the hardcopy prints of any Publications be copied, and the total number of hardcopies in your organization may not exceed the total number of users specified in the site license.
Publications in Hardcopy Format
The number of copies of a Publication in hardcopy format that you will receive and may use depends on the number of licenses that you have purchased. If you purchase a single license for a Publication in hardcopy format, you will receive one (1) copy of the Publication and may use that copy. If you purchase multiple licenses, the number of copies of the Publication that you will receive and may use is equal to the number of licenses. For example, if you purchase two (2) licenses of a Publication in hardcopy format, you will receive two (2) copies of the Publication for use within your organization. In no event may the Publications be copied.
The license above describes all permitted uses of the Publications. As a condition to the limited license granted above, unless expressly authorized above or otherwise in writing by Underwriters Laboratories Inc. (UL), ULC Standards, and/or UL Environment, Inc. (as applicable), you agree not to do any of the following with respect to the Publications (whether in electronic or hardcopy form):
- Copy or otherwise reproduce the Publications;
- Distribute, email, transmit, publish, disclose, transfer, forward a copy, or otherwise make the Publications available to others;
- Systematically download, electronically store, archive or centrally store the Publications (except as expressly permitted in a Site License);
- Alter, modify, adapt, translate or create derivative works of the Publications;
- Incorporate the Publications into any other documents;
- License, lease, rent, sell, or assign the Publications to any third party; and
- Obscure, delete, modify or alter any copyright or other proprietary notices.
You are responsible for taking reasonable measures to prevent prohibited uses of the Publications, and you agree to promptly notify Comm 2000 and UL of any copyright infringement of the Publications or any violation of the prohibited uses of which you become aware. You further agree to cooperate with Comm 2000 and UL in investigating any such prohibited uses and will take reasonable steps to ensure the cessation of such activity and to prevent any reoccurrence.
UL reserves the right to audit your compliance with the terms and conditions of this Agreement. UL or its representative may, upon reasonable notice during normal business hours, audit and investigate your use of the Publications. Subject to an appropriate confidentiality agreement, you agree to permit access to your records and computer systems for this purpose. If the inspection reveals unlicensed or prohibited use of the Publications, you agree to promptly reimburse UL for the cost of the audit and for any unlicensed/prohibited uses. By invoking this procedure, UL does not waive any of its rights to enforce this license or to protect its intellectual property rights by any other means permitted by law.
You acknowledge and agree that your purchase of a license to the Publications is not a sale of the Publications (or copies thereof) to you, that you have no ownership interest in the Publications and any copies thereof, and that other than the limited license granted herein, UL, UL Environment, Inc. and/or ULC Standards (as applicable) retains all rights, title and interest (including exclusive ownership) in the Publications and all copies thereof (whether in electronic or hardcopy format) and all copyright therein. UL, UL Environment, Inc. and/or ULC Standards reserve the right to regain possession of the Publications from you at any time. When no longer needed, you agree to destroy the Publications (if in hardcopy format) or delete and purge the Publications and all copies thereof from your files (if in electronic form).
You may terminate this license at any time by ceasing all use of the Publications and destroying all copies (if in hardcopy format) or deleting and purging the Publications and all copies thereof from your files (if in electronic format). This license shall automatically terminate upon your breach of any of the terms and conditions above. Upon termination, all license rights automatically revert back to UL, UL Environment, Inc. and/or ULC Standards (as applicable).
No Representations or Warranties; Limitations of Liability
THE PUBLICATIONS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION MERCHNATABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UL, ULC STANDARDS, AND/OR UL ENVIRONMENT, INC. (AS APPLICABLE) MAY MAKE CHANGES OR MODIFICATIONS TO THE PUBLICATIONS AT ANY TIME WITHOUT NOTICE.
IN NO EVENT SHALL UL, ULC STANDARDS, UL ENVIRONMENT, INC., COMM 2000 OR ANY OF THEIR AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE PUBLICATIONS. IN ALL CASES LIABILITY IS LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE LICENSE(S) HEREUNDER.
Third party beneficiaries
You agree that Underwriters Laboratories Inc., ULC Standards and UL Environment, Inc. are intended third party beneficiaries of these terms and conditions and are entitled to enforce them against you.