Common use of Notice and Disclaimer Clause in Contracts

Notice and Disclaimer. 2.1. The USC Shoah Foundation Institute owns the intellectual property rights, including copyrights, to its videotaped interviews (including audio excerpts), metadata and transcripts, collectively referred to below as USC Shoah Foundation Institute Information, contained in the USC SFI Xxxxxx Data. All rights are reserved by the USC Shoah Foundation Institute. 2.2. USC Shoah Foundation Institute Information involves privacy interests and is not in the public domain. Unauthorized copying, downloading, recording, or publication of USC Shoah Foundation Institute Information, in whole or in part, except as allowed in Section 1 of this agreement, is strictly prohibited and may subject an individual or entity to penalties for copyright infringement. 2.3. Except as allowed in Section 1 of this agreement, all users agree that any use or publication of information from USC Shoah Foundation Institute interviews in excess of “Fair Use” as specified under 17 USC § 107 and “Fair Practice” as specified under Article 10 of the Berne Convention, requires the prior written permission from the USC Shoah Foundation Institute. 2.4. USER ACKNOWLEDGES AND AGREES THAT THE DATA IS PROVIDED ON AN “AS-IS” BASIS AND THAT LDC AND ITS HOST INSTITUTION THE UNIVERSITY OF PENNSYLVANIA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY WITH WHATEVER DOCUMENTATION IS PROVIDED. IN NO EVENT SHALL LDC OR ITS HOST INSTITUTION BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, ONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES, LOSSES, COSTS, CHARGES, CLAIMS, DEMANDS, FEES OR EXPENSES OF ANY NATURE OR KIND ARISING IN ANY WAY FROM THE FURNISHING OF, OR USER’S USE OF, THE DATA. 2.5. THE USC SHOAH FOUNDATION INSTITUTE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING USC SHOAH FOUNDATION INSTITUTE INFORMATION. THE USC SHOAH FOUNDATION INSTITUTE DOES NOT VERIFY THE ACCURACY OF THE INFORMATION IN THE VIDEOTAPED INTERVIEWS. SUCH INFORMATION MAY INFRINGE UPON PRIVACY OR INTELLECTUAL PROPERY RIGHTS OF OTHER PERSONS OR ENTITIES, AND MAY CONTAIN DEFAMATORY COMMENTS OR MATERIAL OWNED BY THIRD PARTIES.