Last updated February 5, 2012
THESE PUBLISHER TERMS OF SERVICE ("AGREEMENT") SETS FORTH THE STANDARD TERMS APPLICABLE TO PUBLISHERS AND BROADCASTERS FOR USE OF THE COMPANY SERVICE (DEFINED BELOW) BETWEEN RADIO TIME, INC. D/B/A TUNEIN ("COMPANY") AND YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) ("YOU" OR "PUBLISHER"). YOU SHOULD CAREFULLY READ THE TERMS OF THIS AGREEMENT BEFORE CLICKING "ACCEPT" AND PROVIDING THE INFORMATION AND CONTENT SET FORTH HEREIN THAT SUPPORTS YOUR PARTICIPATION IN THE COMPANY SERVICE. BY (AS APPLICABLE), CLICKING "ACCEPT" AND/OR OTHERWISE ACKNOWLEDGING ACCEPTANCE IN WRITING OR BY PROVIDING YOUR METADATA OR CONTENT, YOU CONFIRM THAT YOU HAVE READ AND ACCEPTED THIS AGREEMENT. NOTWITHSTANDING ANY DIFFERENT OR ADDITIONAL TERMS YOU MAY REFERENCE OR PROVIDE, COMPANY'S OFFER OR ACCEPTANCE (AS APPLICABLE) TO ENTER INTO AN AGREEMENT WITH YOU WITH RESPECT TO YOUR PARTICIPATION IN COMPANY'S SERVICE IS EXPRESSLY LIMITED TO THIS AGREEMENT AND CONDITIONED ON YOUR ASSENT HERETO. THE SERVICE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN.
- 1. Grant of Rights.
- (a) Inclusion in Company Service. By entering into this Agreement, Publisher hereby authorizes Company to establish links and incorporate Publisher's Metadata, Streams and Content (each as defined herein) in the Company Service. Company may change, suspend or discontinue the Company Service (or Publisher's access thereto) at any time, including the availability of any feature, advertisement, publisher or Content, without notice or liability. As used herein, "Company Service(s)" means (a) the Company's streaming content service and directory which is distributed to end-users by Company and branded as "TuneIn" (or such other successor Company brand), and which allows Users to receive transmissions of Materials through the Website and Devices, including any related analytics or software used to analyze Customer Data and/or (b) provision of metrics and analytics in Publisher Reports (defined below) or similar dashboard or reporting console; "Materials" means audio and audiovisual material, musical compositions, films, videos, photographs, artwork, text, sound recordings, computer programs, talent, bios, interviews, stories, interactive chats and conferences, and any combinations of the foregoing, compilations of data and other materials or technology; "Metadata" means Publisher's logo, service marks, streaming URLs, genre data, and station or identification data that will be displayed and distributed from the Website (as defined below) or otherwise in connection with the Company Service or linked through Company's and Publisher's servers; and "Streams" means online streaming content that Publisher makes available to Company or to the public, such as through Publisher's websites associated with Publisher's radio stations or other media content, or other "raw streams" that may not be available through Publisher's website but are necessary for playback on Devices.
- (b) Linking. Publisher hereby authorizes Company to provide links to the Streams and the Streams' transmissions through www.tunein.com and any successor or affiliated website(s), including www.radiotime.com (the "Website") and any applications or software tools now known or hereafter developed by Company to access transmissions made by online and Internet-only stations (including the Streams), including, but not limited to, applications and software tools (collectively, "Applications") available for use on mobile devices, automobiles, tablet computers, eReaders, handheld gaming players, set top boxes, portable computers and other consumer electronic devices and Internet-connected devices such as Logitech's SqueezeBox, Microsoft's Window Media Extender, and portable WiFi radio devices (collectively, "Devices").
- (c) Identification. Company may identify in real time in or through the Company Service or licensed third party services the content then being streamed on a Stream as well as any content previously transmitted by a Stream. Company may also link to and publicly display and publicly perform any information provided by a Stream or in a Stream transmission, including, but not limited to, host information, agendas, tables of contents or other related text, song lyrics, song information, biographies, concert information, and the like (collectively, "Content").
- (d) Use of Metadata. Publisher authorizes Company to reproduce, publicly perform, publicly display, and distribute the Metadata and to sublicense the foregoing rights to the Metadata to third parties for the purpose of providing access to the Company Service and the availability of Stream transmissions on third-party websites ("Syndicated Websites") and Devices. Publisher acknowledges and agrees that Metadata may be used and made available on Syndicated Websites, Applications and Devices that Company powers as part of its services, including, by way of example and not limitation, (i) search and portal sites that identify broadcast radio or other streaming services as part of their search results; (ii) software applications or other widgets that enable Syndicated Websites to link to broadcast radio or other streaming media players; and (iii) Devices.
- (e) Transmitting Entity. Publisher acknowledges and agrees that Publisher is in all instances the sole transmitting entity for a Stream's transmissions and solely responsible for all content transmitted by the Stream, including, but not limited to, any copyrighted musical works and sound recordings embodied within the transmission. Nothing set forth in this Agreement will make Company the transmitting entity for any transmissions made by a Stream.
- (f) Customization; Advertising. Publisher hereby grants Company and Company's sublicensees the right to customize the presentation of a Stream's transmission to a User (as defined below). Notwithstanding the preceding sentence, Company will not modify or edit a Stream's transmissions. Company shall have the right to publicly display or publicly perform advertising in conjunction with a Stream's transmission, unless otherwise agreed between Company and Publisher, which agreement may be via electronic email between duly authorized representatives of each.
- (g) Exploit. Publisher hereby grants to Company a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of a digital audio transmission), and otherwise use and exploit the Metadata and Content and the transmission signal of a Station in which such Metadata and Content is embodied for the purposes contemplated under this Agreement via any transmission medium, device or application now known or hereafter developed.
- (h) Rights of Users. Publisher hereby grants each User the limited right to access and receive Stream transmissions and the Metadata and Content embodied therein as permitted through the functionality of the Websites, Applications, Syndicated Websites, and Devices.
(a) Publisher's license of, use of and access to Reports or the Company Service (which may include, without limitation, any related software or documentation) is conditioned upon Publisher's compliance with the terms and conditions of the Agreement, including the following:
Publisher will not nor will Publisher allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the software or documentation for the Company Service; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the software for the Company Service; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Processing Software, the Documentation or the Company Service; (iv) remove any proprietary notices or labels on the or placed by the Company Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Company Service or the software for the Company Service. Publisher will use the Company Service and Reports solely for Publisher's own internal use, and will not make the Company Service or related software available for timesharing, application service provider or service bureau use. Publisher will comply with all applicable laws and regulations in Publisher's use of and access to the Documentation, Company Service and Reports.
This license will terminate immediately if Publisher fails to comply with the terms of this Agreement.
"Customer Data" means the data concerning the characteristics and activities of end-users listening to Publisher's Streams or otherwise using Publisher's Metadata or Content through the Company Service, which data is collected by Company through use of the Company Service and related technology and then collected and analyzed by the Processing Software. "Processing Software" means Company's proprietary software and any all upgrades to such, which analyzes the Customer Data and generates the Reports. "Report" means the resulting analysis shown at https://amplifier.tunein.com (or such other URL Company may provide from time to time) for an individual Publisher's profile. The number of charts, graphs, and statistics contained in a Report varies with the edition of the Company Service.
- 3. Publisher Obligations. Publisher shall provide Company with Metadata that will be displayed and distributed on the Website, Applications, Syndicated Websites, and Devices. Publisher shall use commercially reasonable efforts to assist Company in facilitating transmissions from Streams to Users and to make its transmissions available through the Company Service, the Website, Syndicated Websites, Applications, and Devices whenever such transmissions are otherwise made available by Publisher.
- 4. Cross Promotion; Publicity. The parties may implement links on each other's websites, subject to branding policies published or provided to the other party as described below. Each such link would permit website visitors to navigate between the Website, Syndicated Websites, and Applications and the Publisher's website for a Stream. Publisher authorizes Company to use Publisher's name and logo in presentations, marketing materials, listings of customers, search results pages, and referral pages, subject to any branding or similar policies actually provided to Company (if any). If Publisher wishes to use Company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, Publisher may do so, so long as such use is in compliance with this Agreement and in compliance with Company's then current brand use guidelines, and any content contained or referenced therein, which guidelines may be found at the following URL: http://www.tunein.com/press (or such other URL Company may provide from time to time).
- 6. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to confer any rights or benefits upon any person or entity not a party to this Agreement.
- 7. Publisher Representations and Warranties.
- (a) General Representations and Warranties. Publisher represents, warrants, and covenants to Company that: (i) Publisher is duly organized and validly existing under the laws of the jurisdiction of its organization, and has all requisite power and authority to execute, deliver and perform this Agreement and to consummate the transactions contemplated hereby; (ii) Publisher has duly authorized the acceptance, execution, and delivery of this Agreement; (iii) this Agreement constitutes a legal, valid and binding obligation of Publisher; and (iv) this Agreement is enforceable against Publisher in accordance with its terms, except to the extent such enforceability may be limited by bankruptcy, reorganization, insolvency or similar laws of general applicability governing the enforcement of the rights of creditors.
- (b) Additional Representations and Warranties. Publisher further represents, warrants, and covenants to Company that: (i) Publisher owns or has the necessary licenses, rights, consents and permissions to use and authorize Company to use all trademark, copyright and other proprietary rights in and to the Streams, Metadata and Content in the manner contemplated by this Agreement and the End-User Terms of Service, including obtaining all necessary licenses required for Publisher's and each Stream's reproduction, public display, communication to the public, and public performance (including by means of digital audio transmissions) of copyrighted musical works and sound recordings, including on a through-to-the-audience basis through the Company Service, Syndicated Websites, Applications, and Devices; (ii) Publisher has filed all necessary paperwork for and complies with the rates, terms, and conditions of the statutory licenses set forth in Sections 112 and 114 of the United States Copyright Act or has entered into binding and valid agreements with SoundExchange, Inc., for the reproduction and digital audio transmission of sound recordings on rates, terms, and conditions authorized under the foregoing statutory licenses; (iii) Company will not owe any royalties to any third party, including, but not limited to, any performing rights or collective licensing organization (e.g., ASCAP, BMI, SESAC, SoundExchange), musical work copyright owners (e.g., music publishers) or sound recording copyright owners (e.g., record labels) or their agents or exclusive licensees, featured or nonfeatured vocalists or musicians, songwriters, composers, unions, guilds, producers, engineers or the like for any reproductions, public displays, communications to the public or public performances made when Company facilitates transmissions from Streams to Users through the Company Service, Website, Applications, Syndicated Websites, or Devices; (iv) Publisher will not contribute, submit or make available through the Company Services, or use the Company Services in connection with, any Content, Metadata or Streams that is infringing, libelous, defamatory, obscene, pornographic, abusive, violent, offensive, advocating racial intolerance or advocacy against any individual, group or organization, or otherwise violates any law or right of any third party; and (v) Publisher shall not, and shall not authorize or encourage any third party to generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software.
- 8. Reservation of Rights. The parties acknowledge and agree that no ownership interest in intellectual property or other rights are assigned or otherwise transferred under this Agreement, and disclaim any and all implied licenses. Except for the licenses expressly granted in this Agreement, as between the parties, Publisher retains all rights, title, and interest in the Streams, Metadata and Content, and Company retains all rights, title, and interest in its services, the Company Service, the Website, the Applications, and any software utilized to operate or power the foregoing, including any intellectual property rights therein or thereto. Under this Agreement, the parties each continue and shall own any information collected by such party through its service, website, stream, player or device ("Properties") including but not limited to, personally identifying transaction data (such as names, mailing addresses, email addresses and telephone numbers), clickstream data, and demographic information (the "User Information"), and the other party shall not obtain any rights in such information associated with such Properties or User Information. Without limiting the generality of the foregoing, Publisher agrees not to (and to not allow any third party to): (a) sublicense, distribute, or use the Company Service outside of the scope of the license granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Company Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Company Service for any purpose without the express written consent of Company; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Company (or its affiliates) other than in the name of Company (or its affiliates, as the case may be); or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Company Service.
- 9. Term and Termination. Either party to the Agreement may terminate it at any time and for any reason. Upon any termination or expiration of this Agreement, Company will cease providing the Company Service to Publisher. In the event of any termination, all of Publisher's historical report data will no longer be available to Publisher unless a purchase or professional services agreement for the exchange and transfer of such data is entered into as a component of termination.
- 10. Indemnification.
- (a) Mutual Indemnification. EACH PARTY AGREES TO DEFEND, INDEMNIFY, AND HOLD THE OTHER PARTY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE OUTSIDE ATTORNEYS' FEES) (COLLECTIVELY, "CLAIMS"), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT, AND/OR TRADEMARK INFRINGEMENT AGAINST THE OTHER PARTY, RELATING TO OR ARISING OUT OF THAT PARTY'S BREACH OF ANY TERM OF THIS AGREEMENT.
- (b) Further Indemnification of Publisher. PUBLISHER FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY MUSICAL WORK OR SOUND RECORDING COPYRIGHT OWNERS OR THEIR AGENTS OR EXCLUSIVE LICENSEES FOR ANY REPRODUCTIONS, DISTRIBUTIONS, PUBLIC DISPLAYS, COMMUNICATIONS TO THE PUBLIC, PUBLIC PERFORMANCES (INCLUDING BY MEANS OF DIGITAL AUDIO TRANSMISSION), AND ANY OTHER USES OR EXPLOITATIONS ARISING OUT OF THE INCLUSION OF ANY PUBLISHER PODCAST IN THE COMPANY SERVICE, THE LINKING TO ANY PUBLISHER PODCAST TRANSMISSIONS, OR THE MAKING AVAILABLE OF ANY PUBLISHER PODCAST TRANSMISSIONS, METADATA OR CONTENT THROUGH THE COMPANY SERVICE, THE WEBSITE, APPLICATIONS, SYNDICATED WEBSITES, AND APPLICATIONS.
- 11. DISCLAIMER OF WARRANTIES. The information and services included in or available through the Company Service, including the Reports, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Publisher and/or its respective suppliers may make improvements and/or changes in the Company Service or software at any time, with or without notice. Publisher does not represent or warrant that the Company Service will be uninterrupted or error-free, that defects will be corrected, or that the Company Service, the software for the Company Service or any other software on Company's owned or leased servers are free of viruses or other harmful components. Company does not warrant or represent that the use of the Company Service or the Reports will be correct, accurate, timely or otherwise reliable. You specifically agree that Company and its affiliates shall not be responsible for unauthorized access to or alteration of the Customer Data or data from your Content, Metadata or Streams.
THE COMPANY SERVICE, THE SOFTWARE FOR THE COMPANY SERVICE AND THE REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY COMPANY AND/OR ITS AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE COMPANY SERVICE, THE SOFTWARE FOR THE COMPANY SERVICE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICE, THE SOFTWARE FOR THE COMPANY SERVICE OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE COMPANY SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
Company does not guarantee the Company Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Publisher's equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Company's (or its affiliates') control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Company (or its affiliates) or Publisher's servers are located or co-located. Complete accuracy in all aspects of Publisher's Reports at all times also is not guaranteed.
- 12. Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO EITHER PARTY'S (a) ABILITY TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF; AND (b) INDEMNIFICATION OBLIGATIONS UNDER SECTION 9. IN NO EVENT SHALL COMPANY'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE LESSER OF THE AMOUNTS PAID BY COMPANY TO PUBLISHER UNDER THIS AGREEMENT DURING THE 6-MONTH PERIOD PRECEDING PUBLISHER'S CLAIM AGAINST COMPANY, IF ANY, OR $250.
- 13. Miscellaneous
- (a) Entire Agreement. Publisher may be required or elect to enter into a separate written agreement or click "accept" or "agree" to become a party to another contract with Company (a "Separate Agreement"), and this Agreement shall not be considered to supersede the specific contractual terms of the Separate Agreement. If there is any contradiction between the terms of the Separate Agreement and this Agreement, then the terms of the Separate Agreement shall take precedence over the contradictory terms in this Agreement with respect to the subject matter of such Separate Agreement.
This Agreement constitute the entire agreement between Publisher and Company and governs Publisher's use of the Company Service, except, and then only to the extent that Publisher has entered into a Separate Agreement. This Agreement, as in effect from time to time, supersedes any prior agreements or earlier versions of this Agreement between Publisher and Company for the use of the Service, except, and then only to the extent that Publisher has entered into a Separate Agreement. If, through accessing or using the Company Service, Publisher utilizes or obtain any product or service from a third party, Publisher may additionally be subject to such third party's terms and conditions applicable thereto, and this Agreement shall not affect Publisher's legal relationship with such third party.. Any amendment, modification or alteration of this Agreement must be in writing and signed by the duly authorized representatives of Publisher and Company in order to be effective. No additional terms proposed by either party shall be binding upon the other party unless specifically agreed to in writing by an authorized representative of such other party.
- (b) Additional Remedies. In addition to the rights and remedies provided herein, the parties may seek all rights and remedies available at law and/or equity.
- (c) Relationship of the Parties. Nothing contained herein will be deemed to create, and the parties do not intend to create, any relationship of partners or joint venturers as between Publisher and Company with respect to this Agreement.
- (d) Severability. The invalidity or unenforceability of any provision of this Agreement will not affect the validity of any other provision of this Agreement, and in the event that any provision is determined to be invalid or otherwise illegal, this Agreement will remain in effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein, provided that the parties will negotiate in good faith an equitable adjustment to this Agreement so as to give effect to the intent so expressed and the benefits so provided.
- (e) Choice of Law; Venue. This Agreement, and all collateral matters relating thereto, will be governed and construed in accordance with the laws of the State of California as such laws apply to agreements between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties hereby agree that the jurisdiction of, or the venue of, any action brought by either party shall be exclusively in a state or federal district court sitting in Santa Clara Country, California, and both parties hereby agree to waive any right to contest such jurisdiction and venue.
- (f) Waiver. No term or condition of this Agreement will be deemed waived, and no breach will be excused, unless such waiver or excuse is in writing and signed by the party against whom such waiver or excuse is claimed.
- (g) Rights Cumulative. Except as otherwise provided herein, the rights and remedies of either party as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies now or hereafter provided by law or at equity.
- (h) Headings. The captions and headings in this Agreement are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of this Agreement, or of any provision of this Agreement, nor in any way affect the interpretation of this Agreement.
- (i) Assignment. This Agreement shall be binding upon and inure to the benefit of Publisher's and Company's legal representatives, successors and assigns, but no assignment shall relieve Publisher or Company of their obligations under this Agreement. Each party may assign its rights under this Agreement and shall notify the other in writing within thirty (30) days of any assignment of any rights under this Agreement.
- (j) Confidentiality. Publisher acknowledges and understands that Company may from time to time provide advance access and use of certain products and technology in advance of public release, and that Publisher shall have access to certain data and analytics relating to the Company Service and the Publisher Content and Streams and use thereof within the Company Service. Publisher agrees to keep confidential and not to disclose, directly or indirectly, any information regarding any of the foregoing and any other confidential or proprietary or any other information which Company has designated as confidential ("Company Confidential Information"). Publisher its employees, agents and representatives shall not, either during the term of this Agreement or at any time thereafter, disclose any Company Confidential Information to any third party whatsoever without the express written consent of Company.
- (l) Company reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Company Service, at any time, by posting the new agreement to the site located at http://www.tunein.com or https://amplifier.tunein.com (or such other URL as Company may provide). Publisher is responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Company, (ii) Publisher accept updated terms online, or (iii) Publisher continues to use the Company Service after Company has posted updates to the Agreement or to any policy governing the Company Service.
- (m) BY PERFORMING UNDER THIS AGREEMENT, PUBLISHER REPRESENTS THAT IT HAS READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND AGREES TO ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.
- (n) Survival. Sections 6, 7, 10, 11, 12 and 13 shall survive the termination or expiration of this Agreement.