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Calflora Terms of Service

1. License
The Calflora Database ("Calflora") hereby grants Customer a non-exclusive, non-transferable license to download and/or print data from the Calflora website (www.calflora.org) and, where applicable to use Calflora's proprietary search and research tools, and all updates to both the data and tools, in accordance with the terms and conditions set forth herein. Customer may use the data for his/her personal use only, unless a further license is granted by Calflora.

2. Payment
Customer must pay the appropriate fees plus all applicable sales, use or similar taxes for use of the data. The appropriate fees, and the rights that go with them are set forth after each classification of membership. Once paid, the fees are non-refundable, even if Calflora ceases the operation of its website.

3. Proprietary Rights in the Data
Customer acknowledges that the data are proprietary to Calflora and Calflora's licensors, that the data shall remain the exclusive property of Calflora or its licensors, and that Customer has no rights therein other than as set forth herein. The data are copyrighted by Calflora or its licensors, and all rights are reserved. The data may be referred to in an academic or non-commercial context ("academic citation") as long as the citation guidelines are followed. The citation guidelines are present on every web page displaying data. Other than academic citation, Customer shall not duplicate, distribute, sell, commercially exploit, create derivative works from, or otherwise make available the data or information contained therein, in any form or medium, to any third party, without explicit written permission from Calflora.

4. No Warranties
Calflora is providing the bibliographies in an "as is" condition. Calflora does not warrant, guarantee, or make any representation regarding the accuracy, completeness, correctness, reliability, currency or otherwise, of any of the data or the information contained therein. Calflora MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE DATA, AND, IN PARTICULAR, CALFLORA DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE DATA.

5. Limitation of Liability
Calflora shall not be liable for any loss or damage, including lost profits, loss of use, or incidental, consequential or exemplary damages, caused to any person as a result of the use of the data or the information contained therein regardless of whether the possibility of such damages was foreseeable. Calflora.s liability, if any, shall be limited to the price paid by Customer for the data.

6. Termination
Calflora may cancel this license if Customer violates any of the terms and conditions set forth herein. The terms and conditions of paragraphs 3, 4, 5, and 6 shall survive termination of this license.

7. Governing Law
Any questions concerning the validity, construction, or performance of this license shall be governed by the laws of the State of California excluding its conflicts of laws principles. The venue for any litigation arising out of this license shall be the state or federal courts located within the State of California, U.S.A.

 

 

 

 
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