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IMPORTANT – READ CAREFULLY: The following terms and conditions set forth the conditions on which Thomson Reuters, Legal will provide access to WestlawNext though software (the "Software") available to you (the "User") for downloading via websites or software offering applications for devices powered by Android 2.2 or higher. By downloading, installing, or using the Software, you agree to be bound by these terms and conditions.
Thomson Reuters, Legal hereby grants a non-exclusive, non-transferable, limited license for User to install the Software on devices powered by Android 2.2 or higher that User owns or controls. This license is subject to any additional restrictions imposed by the operator of the website from which the Software is downloaded or by the manufacturer, provider, or seller of the device on which the Software is installed. User agrees to use the Software for access to WestlawNext only, and not for any other purpose, and to respect the confidentiality of the Software source code. User shall not directly or indirectly, copy, reproduce, distribute, transfer, reverse-engineer, modify, decompile or disassemble the Software or any portion thereof other than as permitted herein. In order to access WestlawNext, User must enter into a separate subscription agreement with Thomson Reuters, Legal. User agrees to abide by all terms and conditions of the WestlawNext Subscriber Agreement, which shall govern all access to WestlawNext through the Software. Nothing in these terms and conditions shall be construed to amend, alter, or limit the provisions of the WestlawNext Subscriber Agreement. Thomson Reuters, Legal may, in its sole discretion, decline to enter into a WestlawNext Subscriber Agreement with User, in which case user shall uninstall the Software and the license granted herein shall terminate. These terms and conditions may be amended at anytime by Thomson Reuters, Legal giving notice of the amended terms and condition at the point User accesses the Software online. Notice will be in the form of a most recent update date on the terms and conditions. User is encouraged to review the terms and conditions regularly.
2.1 The license granted by these terms and conditions will become effective upon installation of the Software and shall continue in effect until terminated in accordance herewith. Thomson Reuters, Legal may at any time (without prejudice to its other rights or remedies) immediately terminate the license granted hereby and/or suspend access to WestlawNext and/or the Software, in the event that User fails to comply with any of these terms and conditions.
2.2 Thomson Reuters, Legal may terminate the individual license granted hereby for any reason upon written or online notice to User.
2.3 Any termination of User's WestlawNext subscription, for any reason whatsoever, shall result in the concurrent termination of the license granted hereby.
2.4 In the event of any termination under this Article 2.0, User shall immediately uninstall and delete all copies of the Software and shall not attempt any further access to WestlawNext through the Software.
3.1 User acknowledges that Thomson Reuters, Legal owns all right, title and interest, including, but not limited to all worldwide copyrights, patents, trade secrets, trademarks and confidential and proprietary rights therein, in and to WestlawNext and the Software and that User shall not take any action inconsistent with such ownership. Nothing contained in these terms and conditions shall be construed as granting User any ownership rights in or to the Software, WestlawNext, or any content or features included in or offered with WestlawNext.
4.1 User shall use its best efforts and take all reasonable steps to safeguard its copy of the Software to ensure that no unauthorized reproduction, publication, disclosure, modification or distribution of Software, in whole or in part, is made. All access to and usage of WestlawNext shall be subject to the terms and conditions of the WestlawNext Subscriber Agreement. To the extent that User becomes aware of any such unauthorized use of the Licensed Content and/or the Software, User shall immediately notify Thomson Reuters, Legal.
5.1 The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277.7013 for Department of Defense contracts, paragraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause in the Federal Acquisition Regulations (48 CFR 52.227-19) for civilian agencies, or in other comparable agency clauses, as applicable. The manufacturer for such purpose is Thomson Reuters, Legal.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. USER ACKNOWLEDGES THAT THE ABILITY TO ACCESS WESTLAWNEXT DEPENDS ON A VARIETY OF FACTORS, MANY OF WHICH ARE OUTSIDE THE CONTROL OF THOMSON REUTERS, LEGAL. THOMSON REUTERS, LEGAL DOES NOT GUARANTEE UNINTERRUPTED OR PROBLEM-FREE ACCESS TO WESTLAWNEXT THROUGH THE SOFTWARE. IN NO EVENT SHALL THOMSON REUTERS, LEGAL BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOST PROFITS, LOST DATA, OR OTHERWISE.
User represents and warrants to Thomson Reuters, Legal that User's use of the Software is not for any illegal or injurious purpose or purposes and that User will not use the Software in violation of any law or regulation. User agrees to indemnify and hold Thomson Reuters, Legal harmless from and against any loss, claim, demand, expense (including attorney's fees), or liability of whatever nature or kind arising out of User's use of the Software.
8.1 The Software may not be exported or re-exported in violation of the U.S. Foreign Corrupt Practices Act and its implementing regulations, the U.S. Export Administration Act and its implementing regulations or any other applicable laws, rules and regulations. User shall bear all expenses relating to any necessary licenses and/or exemptions with respect to the export from the United States of the Software to any location so as to be in compliance with all applicable laws, rules, and regulations. User represent and warrants that (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.
8.2 If any provision of these terms and conditions is invalid, illegal, or unenforceable under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable. In such a case, the remainder of the terms and conditions shall be construed in a manner as to give greatest effect to the original intention of the parties hereto.
8.3 The waiver of any right or failure of either party to exercise in any respect any right provided in these terms and conditions in any instance shall not be deemed to be a waiver of such right in the future or a waiver of any other right under these terms and conditions.
8.4 User's use of any website or software that is not provided by Thomson Reuters, Legal to access or download the Software shall be governed by the terms and conditions applicable to that website or software, and Thomson Reuters, Legal shall not be responsible for the functionality of such website or software, or for any consequences resulting from the use of such website or software, including but not limited to any damage to User's property, such as smart phones, tablets or other electronic devices or the transfer of any computer virus or similar malicious code, except to the extent such consequences are caused by the Software.
8.5 Choice of Law/Venue. These terms and conditions shall be interpreted, construed, and governed by and in accordance with the laws of the State of Minnesota, U.S.A., without regard to its principles governing conflicts of law. The parties agree that the state and federal courts sitting in Minnesota shall have exclusive jurisdiction over any claim arising out of or relating to these terms and conditions and User consents to the exclusive jurisdiction of such courts.
8.6 Any notices to Thomson Reuters, Legal, and any questions, concerns, or complaints relating to the Software shall be addressed to:
Thomson Reuters, Legal
610 Opperman Drive
Eagan, Minnesota 55123
8.7 Acknowledgment. By downloading and installing the Software, USER ACKNOWLEDGES THAT IT HAS READ THESE TERMS AND CONDITIONS, UNDERSTANDS THEM, AND AGREES TO BE BOUND THEREBY. IF USER DOES NOT ACCEPT THESE TERMS AND CONDITIONS, USER MUST NOT USE THE SOFTWARE.