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2. License to Use RAND State Statistics.
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4. Limitations on Use.
You agree not to modify, adapt, translate, rent, lease, loan, sell for profit, or create derivative works based upon RAND State Statistics without the written consent of RAND. You are solely responsible for your content.
RAND acts as a passive provider and/or conduit for your distribution and publication of your information. However, RAND reserves the right to take any actions that RAND deems necessary or desirable, including without limitation immediately terminating your access rights to RAND State Statistics, if RAND believes that your content or materials or use of RAND State Statistics, either alone or in connection with the products or services of others, exceeds any of the limitations in this paragraph 4. Such actions include but are not limited to terminating your service.
You are solely responsible for the material you distribute or voluntarily receive while using RAND State Statistics. Any materials you distribute to or voluntarily receive from others through your RAND State Statistics account (a) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography or, if otherwise pornographic or indecent, shall be distributed only to people legally permitted to receive such files; (e) shall not violate any laws regarding unfair competition, antidiscrimination or false advertising, (f) shall not impersonate another person with fraudulent or malicious intent, and (g) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute or allow anyone else to distribute unsolicited commercial e-mail (“spam ”) through your RAND State Statistics account, or take any other action that imposes an unreasonable or disproportionately large load on our infrastructure, or engage in (“Ponzi”) or pyramid schemes.
5. Limitations on Number of Users and Account Usage.
The number of subscribers to your account is limited to the number specified on the RAND State Statistics Order Form or otherwise agreed to by RAND. You may not transfer your RAND State Statistics accounts to anyone and you may not share them with anyone not included in the site license. You may not disclose your password to third parties.
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7. Service, Remedy, and Limitation on Remedy.
In the event that RAND State Statistics service is interrupted or you experience some other difficulty with your service attributable to RAND State Statistics, you may call the phone number printed on the applicable RAND State Statistics documentation or available on our web site. RAND shall endeavor to correct problems attributable in its judgment to RAND State Statistics as soon as reasonably possible. The foregoing sets forth your sole and exclusive remedy.
8. Disclaimer of Warranty.
RAND State Statistics is made available on an “as is” basis without warranties of any kind. RAND hereby expressly disclaims any warranties of any kind, whether express or implied, including without limitation the warranties of non-infringement, merchantability, and fitness for a particular purpose.
RAND offers no warranties, express or implied, regarding the accuracy, sufficiency or suitability of RAND State Statistics or the content of any information accessed via RAND State Statistics. You have the sole responsibility for inspecting and testing all services and content to your satisfaction before using them. RAND makes no warranties or representations whatsoever regarding any goods or services or information provided by any third parties pursuant to your use of RAND State Statistics and RAND shall not be a party to such transactions or be liable for any costs or damages arising out of either directly or indirectly, the actions or inactions of such third parties.
9. Limitation of Liability.
(a) Without limiting the generality of the foregoing Sections 7 and 8, RAND shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use of RAND State Statistics or (ii) the information or content of materials included with or accessed via use of RAND State Statistics.
(b) In no event shall RAND be liable to you or an third party for any consequential, exemplary, or incidental damages, including but not limited to any lost profits, data, savings, or revenues, arising out of or in connection with this ag