1. Customer acknowledges that all Licensed Content is owned by Dun & Bradstreet, Inc. (“D&B”) and that the copyright to the Licensed Content is and shall remain with D&B. Customer also agrees that Customer will not use any D&B trade name, trademark, service mark, logo or copyrighted materials in any manner without the prior written approval of D&B.
2. Licensed Content is licensed to Customer for its internal business use and for no other purpose. None of the Licensed Content may be made available in whole or in part to any third party. Customer agrees that Customer is expressly prohibited from using the Licensed Content as a factor in establishing an individual’s eligibility for (i) credit or insurance to be used primarily for personal, family or household purposes, or (ii) employment. Customer shall not use the Licensed Content in any way that: (A) infringes, misappropriates, or violates a third party’s intellectual property or proprietary rights, including rights of privacy and publicity; (B) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (C) is fraudulent, false, misleading, or deceptive.
3. Licensed Content furnished hereunder may be used throughout the term of this agreement. Upon expiration or termination of the license period or this agreement, Customer shall immediately destroy all originals and copies of any D&B Licensed Content, and upon request, provide D&B or Company with certification thereof.
4. Customer agrees to indemnify, defend, and hold harmless D&B and its licensors and providers from any claim or cause of action arising out of or relating to use of the Licensed Content by (i) individuals or entities which have not been authorized by this agreement to have access to and/or use the Licensed Content and (ii) Customer, when such use may be in violation of these terms.
5. Customer acknowledges that D&B and its licensors and providers make no representations or warranties of any kind with respect to the accuracy, completeness, timeliness, merchantability, or fitness for a particular purpose of the Licensed Content or of the delivery mechanism through which the Licensed Content is provided.
6. Customer agrees that D&B and its licensors and providers will never be liable for consequential, incidental, special, punitive, or other indirect damages, even if advised of the possibility of such damages. Customer also agrees that D&B and its licensors’ and providers’ aggregate liability, if any, for any and all losses, damages, or injuries which Customer suffers arising out of any acts or omissions of D&B in connection with this agreement, regardless of the cause of the loss, damage, or injury (including negligence) and regardless of the nature or equitable right claimed to have been violated, shall never exceed the amount paid by Customer for the Licensed Content or $10,000, whichever is greater.
7. Customer agrees that D&B is a third party beneficiary of these terms.