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Commercial entities have their company logo posted in the EMC Society Web Page Directory of Products and Services with a link directly to that company's home page ("Logo"), subject to the advertising material and its contents being in accordance with IEEE policies and standards for fair and truthful advertising. Logos shall conform to the IEEE's specifications on acceptable size, placement, and layout on the EMC Society Web Page. Logos shall be no greater than fifty percent (50%) of the size of the IEEE or EMC Society logos at the top of the page Company logos that represent specialty products or services shall be categorized by the EMC Society and labeled and hyperlinked to the advertiser's designated home page. The number of accesses or “hits” to the advertiser's home page is unlimited within the period of this agreement. Advertising is limited to institutional, EMC-related products or services only, as determined by the EMC Society, and may be rejected by the EMC Society for any reason. The IEEE and the IEEE EMC Society reserves the right to cancel or reject any advertising at any time.
Advertisers assume all liability for content (including text, representations, illustrations, sketches, maps, labels, trademarks or other copyrighted matter) of their Logo and any other material posted (i) at their direction on the EMC Society Site and/or (ii) on any site to which their Logos, directly or indirectly, to advertisements posted, and also assume responsibility for any claims arising therefrom made against the EMC Society. The EMC Society reserves the right to reject or cancel any advertising which is not in keeping with the IEEE's web-based advertising standards and guidelines or which is determined by IEEE or the EMC Society to violate any law or risk adverse consequences to IEEE or the EMC Society. Unused advertising as a result of cancellation shall be refunded based on a pro-rated schedule. The EMC Society shall not be liable for costs or charges arising from any violation, error, or other inconsistency regarding an advertisement. The IEEE reserves the right to hold advertisers and/or their agencies jointly and severally liable for money due and payable to the IEEE.
IEEE AND THE EMC SOCIETY MAKE NO WARRANTIES AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, HEREUNDER.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, IN ANY ACTION ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF NOTIFIED OF THE POSSIBILTY OF SUCH DAMAGES. IEEE AND THE IEEE EMC SOCIETY'S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY ADVERTISER TO THE IEEE EMC SOCIETY WITHIN THE MOST RECENT 12 MONTH PERIOD.
Advertiser hereby grants to the IEEE and the EMC Society a royalty-free worldwide license to post logo and materials (including trademarks) submitted by Advertiser or its agents on the EMC Society Web Page Directory (or its equivalent or successor location in such Website). All intellectual property rights of the respective parties not specifically granted herein are reserved to their owners. Advertiser agrees to indemnify and hold harmless IEEE and EMC Society and their respective affiliates, associates and agents from and against all losses, claims, expenses and actions arising from Advertiser's breach of this Agreement or arising out of the use of any site linked to from the Logo (or the products or services used or purchased thereon, directly or indirectly). These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws principles, and any suit brought hereunder shall be brought only in the state and federal courts located within the State of New York. Advertiser may not assign this Agreement without the EMC Society's prior written consent.
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