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Terms of Use — Multi-user Access

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TERMS OF USE FOR INSTITUTIONAL SUBSCRIBERS AND AUTHORIZED USERS OF MERRIAM-WEBSTER UNABRIDGED

THIS AGREEMENT WAS LAST UPDATED ON January 1, 2008.

These Terms of Use govern your use of Merriam-Webster Unabridged ("MWU"), which is an electronic language reference service available from Merriam-Webster, Incorporated. "You" or "yours" refers to each entity that subscribes to MWU (the "Subscriber") and each person who is authorized by a subscribing entity to access and use MWU ("Authorized Users").

1. Changes to Terms of Use. We may change these Terms of Use at any time by notifying Subscribers of the change either electronically or in writing. The changes also will appear in this document, which you can access at any time by selecting Terms of Use for Institutional Subscribers and Authorized Users from the site's drop-down menu. Your use of MWU after changes are made to these Terms of Use means that you agree to be bound by such changes.

2. Limitations on Use.

a. The right to use MWU is limited to Subscribers and Authorized Users and is not transferable to any other person or entity. You are responsible for protecting the confidentiality of your access to MWU and for complying with any guidelines relating to security measures designed to prevent unauthorized access that may be prescribed from time to time by Merriam-Webster.

b. The content available through MWU is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through MWU for your personal, non-commercial use only. You agree not to sell, publish, distribute, retransmit, or otherwise provide access to the content received through MWU to anyone without permission except as permitted by applicable copyright law. Please consult the Copyright Notice Page regarding permissions.

c. You agree not to use MWU for any unlawful purpose. We reserve the right to terminate or restrict your access to MWU if, in our opinion, your use of MWU may violate any laws, infringe upon another person's rights, or violate the terms of this Agreement.

3. Other Sites. We may link to or promote Web sites or services from other companies on MWU or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those Web sites, services, and software.

4. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO AND USE OF MWU AND THE CONTENT AVAILABLE THROUGH MWU IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MERRIAM-WEBSTER, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS ("THE MERRIAM-WEBSTER PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF MWU FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE MERRIAM-WEBSTER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE MERRIAM-WEBSTER PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

5. General. These Terms of Use contain the final and entire agreement regarding your use of MWU, superseding all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of MWU. These Terms of Use are personal to Subscribers and Authorized Users, and the rights and obligations specified in these Terms of Use may not be assigned to anyone else. No third party is a beneficiary of these Terms of Use. You agree that these Terms of Use, as well as any and all claims arising from these Terms of Use, will be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America applicable to contracts made entirely within Massachusetts and wholly performed in Massachusetts, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of these Terms of Use will be an appropriate federal or state court located in Massachusetts. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

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