IF YOU DO NOT AGREE TO THE TERMS OF THIS RCN WEBSITE AGREEMENT (“AGREEMENT”), THEN DO NOT USE THIS WEBSITE. BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
1. Grant of Limited License.
RCN grants you, without additional fee or charge, a nonexclusive, limited, revocable, personal, and non-transferable license, with restrictions as described below, to use this website at http://journal.rcn.com, provided to you in connection with this Website (the “RCN Web Journal”), which includes any documentation accompanying the RCN Web Journal, for the sole purpose of using the RCN Web Journal with the RCN High-Speed Internet service or any other service specified or permitted by RCN in its sole discretion, and to make one (1) backup copy of the RCN Web Journal, provided that (i) the RCN Web Journal is installed on only the number of personal computers authorized by RCN (which number shall be one (1) unless otherwise agreed to by RCN), (ii) the RCN Web Journal may NOT be modified; (iii) all copyright notices are maintained on the RCN Web Journal; and (iv) you agree to be bound by all the terms of this Agreement. The RCN Web Journal is not for use in the operation of a business or service bureau or for the benefit of any other person or entity.
2. No Ownership Rights.
You have do not own RCN Web Journal and do not have any rights to possess or use RCN Web Journal other than specified in this Agreement. You have a limited license to use the RCN Web Journal as long as you are an RCN subscriber and this Agreement remains in full force and effect. Ownership of the RCN Web Journal and all intellectual property rights therein shall remain at all times with RCN and/or its licensors. Any use of the RCN Web Journal by any other person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.
3. Third Party Software.
There may be software programs contained within the RCN Web Journal that have been licensed to RCN by third parties. The term “RCN Web Journal” as used herein also shall refer to such third party software. The same terms and conditions, including all limitations and restrictions, set forth in this Agreement apply to each third party software program contained in the RCN Web Journal.
4. Intellectual Property.
The RCN Web Journal contains material that is protected by United States copyright, patent, trade secret, and other intellectual property laws, and by international treaty provisions. All rights not specifically granted to you herein are reserved to RCN and to any third party with ownership rights in the RCN Web Journal and documentation used in the RCN Web Journal. You may not remove any proprietary notice of RCN or any other party from any copy of the RCN Web Journal or documentation.
5. Restrictions and Requirements; Submissions.
a. This Agreement is your proof of license to exercise the rights granted herein. You must take reasonable steps to protect the confidentiality of RCN Web Journal and the web site itself consistent with the license restrictions set forth herein and RCN’s and other third parties’ ownership rights in the RCN Web Journal. You specifically acknowledge your obligation to inform anyone whom you permit to access your computer and the RCN Web Journal about such restrictions on the use of the RCN Web Journal.
b. RCN prohibits and you agree that you may not: (i) publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the RCN Web Journal or any part thereof; (ii) reverse engineer, decompile, translate, adapt, disassemble or otherwise reduce the RCN Web Journal to human readable form; (iii) attempt to create the source code from the object code for the RCN Web Journal; (iv) transmit the RCN Web Journal itself over any network or between any devices, although you may use the RCN Web Journal to make such transmissions of other materials; (v) make any third party software contained in the RCN Web Journal a stand-alone product; (vi) take any action that will infringe on the intellectual property or other proprietary rights of RCN or any third party; or (vii) sublicense, rent, lease, or assign the RCN Web Journal. You may transfer the RCN Web Journal to other computers you own as long as you only use it only as permitted in this Agreement and on only the number of computers authorized by RCN.
c. Any enhancements or upgrades that RCN makes available for the RCN Web Journal, or modifications to RCN Web Journal of which RCN otherwise notifies you will be promptly downloaded on your computer in the manner directed by RCN, within the time frame stated in the notice. If you fail to do so, you acknowledge that the RCN Web Journal may not work correctly or that you may not be able to take advantage of all available features of the RCN Web Journal after the stated period in the notice.
d. You have the obligation to protect yourself and minimize any damages you might suffer if the RCN Web Journal or any portion thereof, has a defect or fails for any reason.
e. Any communications you send to RCN concerning RCN Web Journal are deemed to be submitted on a non-confidential basis and become the sole property of RCN. RCN may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All such uses by RCN shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any such communications, including any works of authorship, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.
6. Disclaimer of Warranties.
The RCN Web Journal is provided "AS IS." To the maximum extent permitted by law, RCN makes NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEBSITE OR THE RCN WEB JOURNAL. Additionally, RCN makes NO WARRANTIES with respect to lack of viruses, accuracy or completeness, results, correspondence to description, warranty of title or non-infringement. RCN does NOT WARRANT that the functions contained in this RCN Web Journal will meet any requirements or needs you may have, or that this RCN Web Journal will operate error free, or in an uninterrupted fashion, or that any defects or errors in this RCN Web Journal will be corrected, or that this RCN Web Journal is compatible with any particular platform. RCN reserves the right to modify this RCN Web Journal at any time. RCN is not obligated to provide any updates to this RCN Web Journal or support for this RCN Web Journal. Any use by you of this RCN Web Journal is at your own risk. RCN also has no express or implied obligation to make the RCN Web Journal available in any commercial, generally available production version and may withdraw this RCN Web Journal at any time for any reason.
7. Limitation of Liability and Damages.
You assume full and complete responsibility and liability for your use of this RCN Web Journal. It is understood that the RCN Web Journal is provided without charge for evaluation purposes only. Accordingly, the total liability of RCN and its suppliers arising out of or related to this Agreement shall not exceed $100. IN NO EVENT WILL RCN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR LOSS OF BUSINESS INFORMATION OR OTHER DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS RCN WEB JOURNAL, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF RCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain laws in some states do not allow the exclusion of implied warranties or the limitation of certain damages. If such laws apply, certain of the exclusions or limitations in this Agreement may not be applicable to you.
8. Export Restrictions.
This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the RCN Web Journal or information about the RCN Web Journal that may be imposed from time to time by the government of the United States of America. You shall not export the RCN Web Journal, or any portion thereof, or information about the RCN Web Journal without consent of RCN and compliance with such laws, regulations, orders, or other restrictions.
9. Indemnification.
You agree to indemnify, defend, and hold harmless RCN (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this Agreement or unauthorized use of this RCN Web Journal. Your indemnification obligation shall survive the termination of this Agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with RCN in connection with our defense
10. Termination.
This Agreement will automatically terminate upon the first commercial release of a generally available production version of the RCN Web Journal. You may terminate this Agreement at any time by destroying or returning to RCN all copies of the RCN Web Journal and associated documentation in your possession or under your control. This Agreement will also terminate: (i) if RCN finds that you have violated any of the terms of this Agreement, or (ii) upon RCN’s notice to you of termination for any reason. Upon termination, you agree to destroy or return to RCN all copies of the RCN Web Journal and documentation and, upon RCN’s request, to certify in writing that all known copies, including backup copies, have been destroyed. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent of subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of the waiving party. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this Agreement.
11. General.
a. Disputes under this Agreement shall be construed, interpreted and governed in accordance with the Binding Arbitration section of the RCN High-Speed Internet Service Subscriber Agreement located at http://www.rcn.com/legal/index.php
b. RCN may modify this RCN Web Journal or this Agreement at any time in its sole discretion upon notice to you. RCN will notify you of any such modifications as reasonably determined by RCN. Your continued use of this RCN Web Journal following notice of such change shall be deemed to be your acceptance of any such change. If you do not agree to any such change, you must immediately stop using this Website and the RCN Web Journal and notify RCN that you are terminating this Agreement.
c. RCN may assign its rights and obligations under this Agreement, at any time and without notice, to (i) any affiliate of RCN Corporation, or (ii) to any party (or its affiliate) acquiring all or substantially all of the assets or stock, by merger or otherwise, of RCN or any affiliate of RCN.
d. This Agreement constitutes the entire Agreement between the parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall be interpreted so as to reasonably give effect to the intention of the parties.
e. All use of the RCN High-Speed Internet Service is subject to its then current terms of service and policies posted at RCN.com.
