(Translated by https://www.hiragana.jp/)
Business Week Online: Terms of Use
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Wednesday, July 05, 2006

User Agreement

The Agreement was last updated March 24, 2006

All use of the Business Week Online Web pages ("BWOL") is subject to the terms and conditions set forth below. By completing the registration process, clicking the User Agreement acceptance "button," and using BWOL, you represent that you are 18 years old or older and agree to abide by the following terms and conditions. The terms "you" or "User" refer to the person who completed the registration process.

Business Week ("BW") reserves the right to change the terms of this Agreement. Changes will be posted on the Business Week Online Web site at http://www.businessweek.com/copyrt.htm. If any of these changes are unacceptable, you may terminate your subscription as described below under "Term and Termination." Use of BWOL following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.

Definitions

BWOL contains two types of content:

  1. "BWOL's Own Content" means information entered into BWOL by employees and authorized representatives of BW.

  2. "Other Content" means any other information entered into BWOL by Users or other persons.

Use of BWOL

BW hereby grants you a non-exclusive, non-transferable license to access and use BWOL for the fees and under the terms described in this Agreement. Only one person at a time may access BWOL using the User's screen name and password without the prior consent of BW. The User may, free of charge and on an occasional basis, make up to 10 copies in paper form of an individual article appearing in BWOL for non-commercial use provided the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice indicating that BWOL is the source of the material. For all other hard copy uses please contact the Permission Department (212-512-4938 (fx); 212-512-3396 (ph); email: permissions@businessweek.com) for information or instructions. Fees are determined by the extent of use. The User may not disseminate any portion of BWOL through electronic means, including mail lists or electronic bulletin boards, without the prior consent of BW. Click to buy an e-print or reprint of a specific BusinessWeek or BusinessWeek Online story or video. Add news from BusinessWeek Online to your Web site for FREE with our headline feed. Obtain consent for special arrangements regarding electronic distribution by contacting Ken Eng, Director, Business Development.

Except as expressly permitted in this Agreement, BWOL may not be reproduced, transmitted, or distributed without BW's permission. The User may not commingle any portion of BWOL with any other information and shall not edit, modify, or alter any portion. All of BWOL'S Own Content is either the property of The McGraw-Hill Companies, Inc. ("The McGraw-Hill Companies") or is licensed to The McGraw-Hill Companies. The User shall honor all reasonable requests by BW to protect BW's proprietary interests in BWOL.

In addition, User may not:

1. use BWOL for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;

2. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of BWOL, any data or content found on or accessed through BWOL, or any other BWOL information without prior express written consent of BW;

3. obtain or attempt to obtain through any means any materials or information on BWOL that has not been intentionally made publicly available either by public display on BWOL or through accessibility by a visible link on BWOL;

4. violate any measure employed to limit or prevent access to BWOL or its content;

5. violate the security of BWOL or attempt to gain unauthorized access to BWOL, data, materials, information, computer systems or networks connected to any server associated with BWOL, through hacking, password mining or any other means;

6. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;

7. interfere with, attempt to interfere with or otherwise disrupt the proper working of BWOL, any activities conducted on or through BWOL or any servers or networks connected to BWOL, including accessing any data, content or other information prior to the time that it is intended to be available to the public on BWOL;

8. take or attempt any action that, in the sole discretion of BWOL, imposes or may impose an unreasonable or disproportionately large load or burden on BWOL or the infrastructure of BWOL.

9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;

10. disobey any requirements, procedures, policies or regulations of networks connected to BWOL;

11. use BWOL to stalk or harass another.

The User's Content

The User grants to The McGraw-Hill Companies the non-exclusive right to use all material entered into BWOL by the User (other than third-party material transmitted through private electronic mail) in any of The McGraw-Hill Companies' print or electronic publications.

Users entering material into BWOL are responsible for the content of that material. Neither BW nor the McGraw-Hill Companies has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from BWOL. However, BW retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which BW deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.

You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through BWOL that:

1. is promotional in nature, including solicitations for funds or business, without the prior written authorization of BW, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;

2. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

3. you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;

6. is harmful to minors.

If you see any violations of these terms and conditions on BWOL, please email us at bwwebmaster@businessweek.com

The User agrees to indemnify BW and The McGraw-Hill Companies from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which BW, The McGraw-Hill Companies, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into BWOL with the use of the User's screen name or password. BW reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify BW and the McGraw-Hill Companies in which event the User shall have no further obligation to indemnify with respect to that particular matter.

NO WARRANTIES/LIMITATIONS ON LIABILITY

NEITHER BW NOR THE McGRAW-HILL COMPANIES MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING BWOL, BWOL'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH BWOL. NEITHER BW NOR THE McGRAW-HILL COMPANIES SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL BW, THE McGRAW-HILL COMPANIES NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF BWOL. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST BW OR THE McGRAW-HILL COMPANIES OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO USE OF BWOL SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO BW FOR USE OF BWOL DURING THE PREVIOUS TWELVE (12) MONTHS (OR IF YOU HAVE SUBSCRIBED FOR FEWER THAN TWELVE (12) MONTHS, DURING THE TIME SINCE THE USER'S SUBSCRIPTION BEGAN).

Registration

As part of the registration process, you must select a screen name and password and provide BW with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User's access.

Privacy Policy

BW may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from The McGraw-Hill Companies that may be of interest to you. In addition, BW may provide aggregated, anonymous statistical information about BWOL users to other persons, including potential advertising clients. For detailed information about the McGraw-Hill Customer Privacy Policy, and your rights under it, click on the hyperlinked text at the bottom of this screen.

Term and Termination

This Agreement will continue until terminated by either BW or you. The Agreement can be terminated by either party by notifying the other party by telephone or electronic mail of the decision to terminate.

BW may discontinue or change BWOL, or its availability to you, at any time.

Fees & Payments

Whether you subscribe to the print version of Business Week magazine or to BWOL only, your subscription must be fully paid before you will be provided full access to BWOL.

You agree to pay all fees and charges incurred in connection with your User name and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. The list of current fees is available at register.htm. Should you terminate your subscription, and provided you are not in breach of this Agreement, your annual fee is refundable on a pro-rated basis to reflect the unused portion of the subscription. BW may change subscription rates in the normal course of business. In that case, you will be notified of the new rates (if any) prior to the end of your subscription term. All charges incurred in connection with your account will be billed to the credit card you designate during the registration process. We will keep your credit card number in our records only for this purpose taking care, of course, to maintain the confidentiality of the information.

If you believe your User name and password have been used to access BWOL without your authorization, please call Business Week Customer Service at the telephone number listed below without delay. Please note: You are responsible for paying any charges billed to your credit card by an unauthorized third party.

Business Week Customer Service: 1-888-878-5151

General

This Agreement constitutes the entire agreement between the parties relating to BWOL and supersedes any and all other agreements, oral or in writing, with respect to BWOL. The failure of BW to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.

Additional Terms of Use

Associated Press ("AP") text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to the User or to any third party or to any other person who may receive information through BWOL or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.

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