REEDFAX® IFWPlus™ File History Search Tool Subscription Agreement

REEDFAX^® IFWPlus™ File History Search Tool Subscription Agreement

BY CHECKING THE “I ACCEPT THE REEDFAX IFWPLUS SUBSCRIPTION AGREEMENT" CHECKBOX ON THE REEDFAX IFWPLUS LOGIN FORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SUBSCRIPTION AGREEMENT ON BEHALF OF YOUR ORGANIZATION. THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND REED TECHNOLOGY INFORMATION SERVICES INC. (“REED TECH”). BY CHECKING THE “I ACCEPT THE REEDFAX IFWPLUS SUBSCRIPTION AGREEMENT" CHECKBOX, YOU REPRESENT TO REED TECH THAT YOU ARE A DULY AUTHORIZED REPRESENTATIVE OF YOUR ORGANIZATION. IF YOU DO NOT WISH TO ACCEPT THE TERMS SET FORTH BELOW, OR ARE NOT AUTHORIZED TO DO SO, PLEASE DO NOT CHECK THE “I ACCEPT THE REEDFAX IFWPLUS SUBSCRIPTION AGREEMENT" CHECKBOX.

1. Definitions
1.1 “Agreement” means this Subscription Agreement

1.2 “Customer” means: (i) if Customer is an individual, the person who accepts the terms of this Agreement; or (ii) if Customer is a company or organization (an “Organization”), the Organization.

1.3 “Reed Tech” means Reed Technology and Information Services Inc. of 117 Gibraltar Rd, Horsham, PA 19044.

2. REEDFAX^® IFWPlus™ File History Search Tool Subscription
2.1 During the term of this Agreement, Customer will have access the REEDFAX^® IFWPlus™ File History Search Tool (“Search Tool”) for advanced searching capabilities of the image file wrappers of patents on an hourly, daily, or monthly subscription (“Subscription”) basis and shall pay the applicable current rate for whichever type of subscription Customer chooses.

2.2 Hourly and daily subscriptions shall be paid in advance via Customer’s credit card only. Monthly subscriptions may either be prepaid by Customer’s credit card or within 10 days after receipt of an invoice.

2.3 Subscriptions are non-cancelable and Customer is not entitled to any refund of any prepaid or unused portion of the Subscription. All other terms of this Agreement shall survive the expiration of the Subscription.

3. Limited Warranty and Limitation of Liability
3.1 Access to and the materials obtained from the Search Tool (“Search Materials”) are for informational purposes only and do not constitute legal advice to any person or on any subject, and consequently should not be relied upon by any person as legal advice. While Reed Tech endeavors to provide the Search Materials with reasonable care, Reed Tech makes no representation or warranty of completeness, comprehensiveness, accuracy, timeliness, or adequacy of the Search Materials, or as to the suitability of the Search Materials for any purpose. ADDITIONALLY, REEDTECH MAKES NO OTHER REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SEARCH MATERIALS AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS.

3.2 NEITHER REEDTECH, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR OR AGENT OF REEDTECH OR ITS AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATED TO ANY ERROR OR OMISSIONS IN THE SEARCH MATERIALS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, INCLUDING LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF A COVERED PARTY PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE, EXCEED THE FEE PAID IN CONNECTION WITH THE REPORT IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. CUSTOMER’S RIGHT TO SUCH MONETARY DAMAGES SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH CUSTOMER MAY HAVE AGAINST A COVERED PARTY.

4. Nature of the Relationship
Customer acknowledges that the Search Materials involve legal materials or the analysis of legal materials and do not constitute legal advice, the practice of law or the rendering of legal opinions and merely consist of conducting analysis of patent applications and/or registered patents by automated software. Nothing herein shall be construed to establish an Attorney/Client relationship, nor is Reed Tech or its employees or contractors assuming any legal or ethical duty beyond the contractual duties set forth in this Agreement. Nothing herein shall be construed to establish an exclusive relationship between Reed Tech and Customer for the Search Materials.

5. Suspension of Service
Reed Tech may suspend or discontinue providing access to the Search Materials to Customer without notice and pursue any other remedy legally available to it if Customer fails to comply with any of Customer’s obligations hereunder.

6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

AUTHORIZATION

By checking the "I Accept the REEDFAX IFWPlus Subscription Agreement" Checkbox on the REEDFAX IFWPlus Login Form, you certify that you are an authorized representative of your organization and accept the terms of this Agreement on your organization’s behalf.