Free Data Feed Licensing Agreement

Last revised: $Date: 2012/02/19 22:16:59 $

Copyright
The content of the Feeds and the software supplied to utilize them are the property of Hot Neuron and are protected by U.S. and international copyright laws. Hot Neuron grants you a non-exclusive, non-transferable, non-assignable, personal, terminable at any time, license to use the Feeds provided by MagPortal.com to display limited article citation listings on your own web site according to the terms of this Agreement. You are prohibited from modifying, renting, leasing, selling, distributing, mirroring, imitating the design elements of, or creating derivative works based on the Feeds, in whole or in part, other than displaying them on your web site as described, without explicit written permission from Hot Neuron. Hot Neuron may request information such as URLs where Feed data will be displayed for the purpose of verifying compliance with this agreement. You agree to provide truthful and complete responses to such inquiries.

Trademarks and Service Marks
MagPortal.com and Hot Neuron are service marks of Hot Neuron LLC. Hot Neuron Similarity is a trademark of Hot Neuron LLC. You may make fair use of these marks in referring to our products and services as long as you provide standard attribution. Any other use is prohibited. The magazine names and column names appearing in the Feeds are the property of their respective publishers.

Display Requirements and Restrictions
Use of the Feeds must be accompanied by a clearly visible link that takes the user to http://MagPortal.com or to the corresponding current articles page for that category on MagPortal.com, and the text "powered by MagPortal.com" or simply "MagPortal.com" must be clearly displayed in close proximity to the article listing. You may not display the article citations in a way that creates ambiguity about Hot Neuron's ownership of the data or the publisher's ownership of the articles, or which otherwise damages the reputation of Hot Neuron or the magazine publishers. You may not use more than 10 feeds on a site without contacting us for permission. You may not frame the articles. You may not merge the Feeds with feeds or content from other sources. You may not reproduce the content of the articles themselves without the explicit permission of their copyright owner. You may not display the feed data on sites that contain or condone pornography, bigotry, illegal activities, or are otherwise offensive as determined by Hot Neuron in its sole discretion. You may not display the Feeds on web pages that automatically reload or refresh without user action (the feed data is updated once a day, so reloading the same data every few minutes is wasteful).

Fetching Data, Caching, and Restrictions on Archiving
You may only display the article citations currently provided by the Feeds through http://MagPortal.com/nr/feed.php (or /cgi-bin/feed.cgi). You are encouraged to cache the current copy of the data feed you are using on your local server to improve the response time of your web site and reduce the strain on the MagPortal.com server. You may not, however, archive or display old data sets, and you may not display listings resulting from merging data fetched at different times. You may not fetch data from the Feeds more frequently than is reasonably necessary (they are updated once a day).

Publicity
You agree that Hot Neuron may use your name or logo in press releases and marketing materials that list users of the MagPortal.com data Feeds. You may not, without advance written permission, publish or distribute marketing materials claiming any sort of affiliation or partnership with Hot Neuron or MagPortal.com.

Control of the Data Feeds
Hot Neuron reserves the right to change or remove feeds, modify or remove article citations, magazines, or other content, and correct errors or omissions in any part of the Feeds, at any time, without cause or notice.

Access Restrictions
Hot Neuron reserves the right to terminate or restrict your access to the Feeds, at any time, without cause or notice.

Privacy
Please view Help / Privacy Policy for details on the information we collect and how it is used. Note that we may disclose information if we believe in good faith that it is necessary to satisfy any law or regulation.

Feedback Information
Any feedback information provided to Hot Neuron shall be provided on a non-confidential basis. Hot Neuron shall be free to use such information on an unrestricted basis. By providing feedback information you hereby grant to Hot Neuron a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such feedback, subject to MagPortal.com's Privacy Policy, in all media now known or hereafter developed.

Links and Third Parties
The Feeds provide links to numerous third party web sites. Such sites may contain material that is offensive to certain users. We do not control the content of those sites and do not vouch for the quality, legality or suitability of any information, services, or products they provide.

Disclaimer of Warranties
MagPortal.com free Feeds are a service provided by Hot Neuron. Hot Neuron explicitly disclaims responsibility for the accuracy of the article citations it provides, or the suitability, validity, or availability of the articles themselves. We do not guarantee the completeness of the MagPortal.com article listings.

You agree that you are solely responsible for the content displayed on your site, including determination of suitability and non-infringement of intellectual property rights of others as well as all technical issues. Hot Neuron is not responsible for damage to your site, its reputation, or its security, related to the data feeds or the software supplied with the data feeds and it makes no warranty about the availability, quality, or appropriateness of the data. You accept all of the risk and responsibility for the use of the Feeds.

THE SERVICES ARE PROVIDED "AS IS" ON AN "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, HOT NEURON EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IF YOU ARE DISSATISFIED WITH THE FEEDS OR THIS AGREEMENT OR MAGPORTAL.COM's TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FEEDS.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HOT NEURON OR ANY OF ITS AFFILIATES BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE, INABILITY TO USE, OR UNAUTHORIZED USE OF THE FEEDS. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES (EVEN IF HOT NEURON HAS BEEN PREVIOUSLY ALERTED TO THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM USE OF THE FEEDS. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow certain limitations on implied warranties, some of the above limitations may not apply to you.

Indemnification
You agree to indemnify and hold Hot Neuron, its affiliates, its officers, and its employees harmless from any claim, including attorneys' fees, made by any third party arising from your use of the Feeds, your violation of this Agreement, or your violation of any rights of another. You agree to cooperate fully in the defense of any claim. Hot Neuron reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hot Neuron.

Applicable Law
You agree that all legal issues related to your use of the Feeds will be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. With respect to any action or dispute relating to this Agreement, or the services offered hereunder, the parties hereby agree that any cause of action shall be initiated and maintained in the state or federal courts located in the Eastern District of Pennsylvania, and hereby consent to jurisdiction and venue in such courts. If any provision of this Agreement is determined to be invalid or unenforceable, it shall have no effect on any other provision of this Agreement.

Violations of Licensing Agreement
If you violate this Agreement, the MagPortal.com Terms of Use, or any other rights of Hot Neuron, we reserve the right to purse any and all legal remedy against you, including, but not limited to, terminating your access to MagPortal.com and the Feeds. The failure of Hot Neuron to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

Miscellaneous
This Agreement and the Terms of Use of MagPortal.com constitute the entire agreement of the parties and supersede any prior agreements on this matter. In the event of a conflict between the Terms of Use and this Agreement, this Agreement controls. The user cannot assign this agreement. Any cause of action you may have with respect to the Feeds must be commenced within one (1) year after the claim or cause of action arises.

Contact Us
If you have questions about this Agreement, or wish to inform us that you believe the Feeds infringe on your copyright, please send correspondence to the address in Help / Contact Us marked "Attn: Legal Department."