DOODY'S CORE TITLES INFORMATION END USER LICENSE AGREEMENT NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE DOODY'S CORE TITLES INFORMATION ("DCT INFORMATION") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 5. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THE DCT INFORMATION. Doody Enterprises owns all intellectual property in the DCT Information. Doody Enterprises permits you to Use the DCT Information only in accordance with the terms of this Agreement. 1. Definitions. 1.1 "DCT Information" means (a) all of the contents of the files, text, images, data, and contents of the DCT web site; and (ii) related explanatory written materials or files ("Documentation"); (b) upgrades, modified versions, updates, additions, and copies of the DCT Information, if any, licensed to you by Doody Enterprises (collectively, "Updates"). 1.2 "Use" or "Using" means to access, copy or otherwise benefit from using the functionality of the DCT Information by means of the DCT Website or participating wholesalers. 1.3 "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. 1.4 "Licensee Organization Location" means all employees of an organization at one physical location. For example, a Licensee Organization Location could mean all librarians at a single library location or branch, or all employees at a physical office location. 1.5 "DCT Website" means the website accessible at www.doody.com/dct. 1.6 "Doody Enterprises" means Doody Enterprises, Inc., an Illinois corporation, located at 1100 Lake St. Suite 202, Oak Park, Illinois 60301. 2. DCT Information License. 2.1 As long as you comply with the terms of this DCT Information End User License Agreement (this "Agreement"), Doody Enterprises grants to you a non-exclusive license to Use the purchased edition of the DCT Information for the internal use of one Licensee Organization Location. 2.2 Version. This License provides access only to the purchased edition of the DCT Information from the date of purchase until three years following the date of publication via the DCT Website. 2.3 Access to DCT Information - Access is provided via the DCT Website and participating wholesalers. A login ID and password combination will be provided for each license. All users accessing the DCT Information under this license must use this login information. 2.4 If Licensee makes an election to have its DCT license automatically renew as a standing order, Licensee hereby agrees that each renewal of the license granted hereby will automatically be subject to all of the terms of this Agreement as such terms are amended, added or deleted, by Licensor from time to time and Licensee hereby agrees to be bound by such terms. The most current version of this Agreement will be available to all registered licensees on the DCT website, but Licensor shall be under no obligation or duty to inform standing order licensees of amendments or changes to this Agreement or to deliver a copy of any updated or modified Agreement(s) to standing order licensees. 3. Intellectual Property Ownership, Copyright Protection. 3.1 The DCT Information is the intellectual property of and is owned by Doody Enterprises. The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Doody Enterprises or its licensors. The entire contents of this Web Site are protected by United States' and worldwide copyright laws and treaty provisions. Information and all rights not expressly granted are reserved by Doody Enterprises. 4. Usage Restrictions. 4.1 DCT Information is for internal use of a single licensee organization location only. 4.2 DCT Information may not be distributed electronically or in-print to non-employees, employees at other physical locations who are not also licensees of DCT, nor anyone outside the scope of the license as outlined in section 2. 4.3 Information may be loaded into internal systems provided the DCT information in those systems is only available to employees of a licensee organization at the licensed location. 4.4 DCT may be printed for internal use by a licensee organization's licensed location(s). The print version may not be distributed to individuals not covered by the license. 4.5 Licensees may not redeliver any of the pages, text, images, data or other content of this Web Site using "framing" technology without Doody Enterprises' express written permission. 5. Limitation of Liability 5.1 You expressly understand and agree that Doody Enterprises will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Doody Enterprises has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Web Site; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) any other matter relating to the Web Site. 6. NO WARRANTY. 6.1 The factual information contained in this Web Site is obtained from sources believed to be reliable and accurate. Doody Enterprises makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and is not responsible for any errors or omissions therein, whether caused by the source of the information or Doody Enterprises. The DCT Information is being delivered to you on an "AS IS" basis. DOODY ENTERPRISES DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE DCT INFORMATION OR BY PURCHASING ANY OF THE TITLES CONTAINED WITHIN THE DCT INFORMATION. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, DOODY ENTERPRISES MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 5 and Section 6 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the DCT Information after termination of this Agreement. 6.2 Doody Enterprises makes no representation that content provided is applicable or appropriate for use in all locations. 7. Privacy 7.1 We recognize that you have an interest in how we collect, retain and use information about you. The information collected through the forms you complete as part of the license purchasing process is considered to be private and confidential, and we hold ourselves to the highest standards of trust and fiduciary duty in their safekeeping and use. Doody Enterprises will not release information collected about you unless we receive your prior consent or we are required by law to release information to the recipient. 7.2 As part of the purchasing process you may have authorized us to transmit information regarding your purchase to participating distributors. If you authorized use of your information in this way, some of your purchase information will be provided to participating distributors. Participating distributors are bound by signed contract to use this information solely for the purpose of providing access to DCT information within their systems for their customers who have purchased a license to the current DCT edition. 8. Availability of Information 8.1 Doody Enterprises will use reasonable commercial efforts to keep the DCT Web Site available for access on a 24 hour a day, 7 day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Doody Enterprises does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components. 8.2 Doody Enterprises has no control over the availability of participating distributor systems and therefore will not guarantee that access to participating distributor systems will be available at all times and uninterrupted. Further, Doody Enterprises does not warrant that the operation of participating distributor systems will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components. 9. Amendments and Modifications 9.1 Doody Enterprises reserves the right to amend the information, services, and/or content of the DCT Web Site at any time without prior notice. The information and materials contained in the DCT Web Site is subject to change without notice. 10. Revocation of License 10.1 A license may be revoked if a licensee is found to be in violation of the End User License Agreement without prior notice. 10.2 Licensees will not receive a refund if they violate the End User License Agreement and their license is revoked. 11. Governing law and Forum. 11.1 This Agreement is governed by the laws of the United States of America and by the laws of the State of Illinois without regard to Illinois' conflict of law rules. Application of the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. 11.2 Except where exclusive jurisdiction over claims against States and their political subdivisions, including public universities and public hospitals, is reserved or limited by Licensee's State law, Licensor and Licensee agree that any action arising out of or related to this Agreement may be brought in any Federal or State court located in Cook County, Illinois, which has subject matter jurisdiction of the dispute. Subject to the exception provided in the preceding sentence of this Section 11.2, any and all objections to the exercise of personal jurisdiction over Licensee by the Federal or State courts located in Cook County, Illinois, and to venue there, are hereby waived by Licensee. 12. General Provisions. 12.1 If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. 12.2 This is the entire agreement between Doody Enterprises and you relating to the DCT Information and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the DCT Information.