Terms of Service
- CaseMineTM grants the user a non-exclusive, non-transferable, revocable, limited license to access and use for research purposes the online services and materials from time to time made available.
LIMITATIONS ON USE
Authorized Users are permitted to use the applicable Subscribed Services, solely in connection with the Subscriber's provision of its legal services to clients or within its own practice, business or educational activities, and in a manner that is not commercially prejudicial to CaseMineTM.
Subscriber shall not, and shall ensure that its personnel, including Authorized Users, do not share passwords or access or use the Subscribed Service except to the extent expressly permitted in writing by CaseMineTM.
You agree to not knowingly:
- use any device, software or technique to interfere with or attempt to interfere with the proper working of the Platform;
- post or transmit to the Platform any unlawful, fraudulent, harassing, libellous, or obscene information of any kind;
- post or send to the Platform any information that contains a virus, bug, or other harmful item;
- publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Platform's content other than as expressly permitted herein;
- post to or transmit via the Platform any information in violation of another party's copyright or intellectual property rights;
- take any action which could damage, disable, overburden or impair the Platform infrastructure or CaseMine's network system;
- re-deliver any data of Platform or the content using "framing", hyperlinks, or other technology without CaseMine's permission;
- attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any CaseMine server through hacking, password mining or any other means;
- take any action which may interfere with any other party's use and enjoyment of the Platform;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform.
Errors and Omissions: The Platform may contain ambiguity or typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice.
Corrections and Updates: CaseMineTM reserves the right to modify, add, or delete any feature at any time and in its sole discretion. Functionality and offerings may be added, removed or eliminated. Usage limits may be added or revised at any time with notice to you.
Other Modifications: LICENSEE may, from time to time, request that LICENSOR incorporate certain features, enhancements or modifications into the Software. LICENSOR may, in its sole discretion, undertake to incorporate such changes and distribute the Software so modified to all or any of LICENSOR'S licensees.
Title to Modifications: All such error corrections, bug fixes, patches, updates or other modifications shall be the sole property of LICENSOR.
The Platform is controlled and operated by CaseMineTM. All content on the Platform is protected by copyrights which are owned and controlled by CaseMineTM or by other parties that have licensed their materials to CaseMineTM. Unless otherwise specified, the content on this Platform is for personal and non-commercial use and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell content obtained or downloaded from the Platform without written permission from CaseMineTM.
The CaseMineTM Software is made available solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CASEMINE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Printed Matter: Except as specifically set forth herein, no Software or Documentation which is provided by pursuant to this Agreement in human readable form, such as written or printed documents, shall be copied in whole or in part by LICENSEE without LICENSOR'S prior written agreement.
Machine Readable Matter: Except as specifically set forth herein, any Software or related content provided in machine readable form may not be copied by LICENSEE in whole or in part, except for LICENSEE'S backup or archive purposes. LICENSEE agrees to maintain appropriate records of the number and location of all copies of the Software and make such records available upon LICENSOR'S request. LICENSEE further agrees to reproduce all copyright and other proprietary notices on all copies of the Software in the same form and manner that such copyright and other proprietary notices are originally included on the Software.
Except for personal use and in accordance with the Permitted Purposes, taking out extracts from the Database or making copies thereof, their sale or republication in any manner whatsoever is prohibited. The storage of the extracts in any other retrieval system or transmission in any form by any means is also prohibited.
LICENSE FEES AND PAYMENT
License Fee: In consideration of the licenses granted herein, LICENSEE shall pay the License Fee or other consideration for the Software and Documentation as set forth herein.
Taxes and Other Charges: LICENSEE shall be responsible for paying all (i) sales, use, excise, value-added, or other tax or governmental charges imposed on the licensing or use of the Software or Documentation hereunder, (ii) freight, insurance and installation charges, and (iii) import or export duties or like charges.
PROTECTION OF SOFTWARE
Proprietary Notices: The Licensee shall not (and shall not permit any third party to):
- remove, obliterate, conceal or obscure any copyright notice or other proprietary notices contained in the Database or use the Database in any way that infringes the copyrights or other proprietary interests in the same;
- modify, adapt, or make any alterations, additions or amendments, translate, reverse engineer, decompile or disassemble the Database or the software used to run it or create derivative works based on them, other than to the extent permitted by applicable laws;
- combine the whole or any part of the Database with any other software, data or material.
Ownership: LICENSEE further acknowledges that all copies of the Software in any form provided by LICENSOR or made by LICENSEE are the sole property of LICENSOR and/or its suppliers. LICENSEE shall not have any right, title, or interest to any such Software or copies thereof except as provided in this Agreement, and further shall secure and protect all Software and Documentation consistent with maintenance of LICENSOR'S proprietary rights therein.
Acknowledgement: LICENSEE hereby acknowledges and agrees that the Software and Documentation constitute and contain valuable proprietary products and trade secrets of LICENSOR and/or its suppliers, embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly, LICENSEE agrees to treat (and take precautions to ensure that its employees treat) the Software and Documentation as confidential in accordance with the confidentiality requirements and conditions set forth below.
Maintenance of Confidential Information: Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (1) have been known publicly; (2) have been known generally in the industry before communication by the disclosing party to the recipient; (3) have become known publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (4) have been known otherwise by the recipient before communication by the disclosing party; or (5) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.
Injunctive Relief: LICENSEE acknowledges that the unauthorized use, transfer or disclosure of the Software and Documentation or copies thereof will: (1) substantially diminish the value to LICENSOR of the trade secrets and other proprietary interests that are the subject of this Agreement; (2) render LICENSOR'S remedy at law for such unauthorized use, disclosure or transfer inadequate; and (3) cause irreparable injury in a short period of time.
If LICENSEE breaches any of its obligations with respect to the use or confidentiality of the Software or Documentation. LICENSOR shall be entitled to equitable relief to protect its interests therein, including, but not limited to. preliminary and permanent injunctive relief.
Survival: LICENSEE'S obligations under this Section will survive the termination of this Agreement or of any license granted under this Agreement for whatever reason.
WARRANTIESS AND SUPERIOR RIGHTS
Only warranties required by statute are given and all other conditions and warranties are excluded.
Ownership: Except for any rights as set forth herein, LICENSOR represents its belief that it is the owner of the entire right, title, and interest in and to Software, and that it has the sole right to grant licenses there under, and that it has not knowingly granted licenses there under to any other entity that would restrict rights granted hereunder except as stated herein.
NO LEGAL RELATIONSIP ESTABLISHED
The legal information and services provided are not legal advice nor do they contain legal advice. They should not be assumed to be applicable to your particular circumstances or jurisdiction. None of the information or documents provided through this site creates a lawyer-client relationship.
LICENSOR shall indemnify, hold harmless and defend LICENSEE against any action brought against LICENSEE to the extent that such action is based on a claim that the unmodified Software, when used in accordance with this Agreement, infringes a copyright and LICENSOR shall pay all costs, settlements and damages finally awarded; provided, that LICENSEE promptly notifies in writing of any claim, gives LICENSOR sole control of the defence and settlement thereof and provides all reasonable assistance in connection therewith.
If any Software is finally adjudged to so infringe, or in LICENSOR'S opinion is likely to become the subject of such a claim, LICENSOR shall, at its option, either:
- procure for LICENSEE the right to continue using the Software,
- modify or replace the Software to make it non infringing, or
- refund the fee paid, less reasonable depreciation, upon return,
LICENSOR shall have no liability regarding any claim arising out of:
(a) use of other than a current, unaltered release of the Software unless the infringing portion is also in the then current, unaltered release,(b) use of the Software in combination with non-LICENSOR software, data or equipment if the infringement was caused by such use or combination, (c) any modification or derivation of the Software not specifically authorized in writing by LICENSOR or (d) use of third party software.
THE FOREGOING STATES THE ENTIRE LIABILITY OF LICENSOR AND THE EXCLUSIVE REMEDY FOR LICENSEE RELATING TO INFRINGEMENT OR CLAIMS OF INFRINGED OF ANY COPYRIGHT OR OTHER PROPRIETARY RIGHT BY THE SOFTWARE.
Except for the foregoing infringement claims, LICENSEE shall indemnify and hold harmless LICENSOR, their officers, agents and employees from and against any claims, demands, or causes of action whatsoever, including without limitation those arising on account of LICENSEE'S modification or enhancement of the Software or otherwise caused by, or arising out of, or resulting from, the exercise or practice of the license granted hereunder by LICENSEE, its sub licensees, if any, its subsidiaries or their officers, employees, agents or representatives.
Either party may terminate this Agreement on thirty (30) days written notice to the other party in the event of a breach of any provision of this Agreement by the other party, provided that, during the thirty (30) days period, the breaching party fails to cure such breach.
Upon the expiration or termination of this Agreement, all rights granted to LICENSEE under this Agreement shall forthwith terminate and immediately revert to LICENSOR and LICENSEE shall discontinue all use of the Property and the like.
Upon expiration or termination of this Agreement, LICENSOR may require that the LICENSEE transmit to LICENSOR, at no cost, all material relating to the Property including all artwork and any market studies or other tests conducted by LICENSEE with respect to the Property.
- LICENSOR shall have the right, in its sole discretion, to prosecute lawsuits against third persons for infringement of LICENSOR'S rights in the Property. If LICENSOR does not institute an infringement suit within ninety (90) days after LICENSEE'S written request that it do so. LICENSEE may institute and prosecute such lawsuit.
- Any lawsuit shall be prosecuted solely at the expense of the party bringing suit and all sums recovered shall be retained by the party commencing such action.
- The parties agree to fully cooperate with the other party in the prosecution of any such suit. The party bringing suit shall reimburse the other party for the expenses incurred as a result of such cooperation.
Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, terrorism, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail, return receipt requested or delivered by a national overnight express service. Either party may change the address to which notice or payment is to be sent by written notice to the other party pursuant to the provisions of this paragraph.
JURISDICTION AND DISPUTES
This agreement shall be governed by the applicable laws of the place where the agreement has been executed. Both parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
AGREEMENT BINDING ON SUCCESSORS
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
If any provision here of is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
The license granted here under is personal to LICENSEE and may not be assigned by any act of LICENSEE or by operation of law unless in connection with a transfer of substantially all the assets of LICENSEE or with the consent of LICENSOR.
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.