LicenseAgreement

TrialSmith License Agreement

Use of Trialsmith by Defense Lawyers or Insurance Companies is PROHIBITED

In order to access the "Members Only" areas of this site, you
must first read and agree to the terms of the license agreement

1. RESTRICTED ACCESS
A TrialSmith subscriber must primarily be plaintiff lawyer, cannot work for a defense firm, represent defendants in cases or represent insurance companies. Membership in a participating association or litigation group does not necessarily provide access to TrialSmith. In particular, a defense lawyer, or a lawyer representing defendants or insurance companies is prohibited from using TrialSmith, even if the defense lawyer is a member of a group which endorses TrialSmith.

2. LICENSE FOR SUBSCRIBERS AND USE OF CONTENT 
TrialSmith hereby grants Licensee, in return for payment of consideration based upon the fee schedule established by TrialSmith, which is incorporated by reference into this agreement, one pass identification number (for on-line subscribers) and a non-exclusive, non-transferable, limited license to access TrialSmith. Licensee is licensed to use data from TrialSmith solely in the regular course of its practice of law and for no other purpose. The Annual Subscription Fee is a non-refundable charge. Except as otherwise provided Licensee may download and temporarily store insubstantial portions of data to a storage device under Licensee's exclusive control solely to display internally such downloaded data or use such downloaded data in the regular course of its practice of law. Licensee may also create printouts of data for internal use only. Licensee may not copy, download, store, publish, transmit, transfer, sell or otherwise use TrialSmith data, or any portion of such data, in any form or by any means except (a) as expressly permitted by this agreement, (b) with TrialSmith's prior written permission, or (c) if not expressly prohibited by this agreement as allowed under the fair use provision of the Copyright Act (17 USC Sec. 107). Downloaded data may not be stored or used in an archival database or other searchable database except as expressly permitted by this agreement. Licensee shall not sell, license or distribute data in any form to third parties or use data as a component or as a basis for any material offered for sale, license or distribution. Use of data to create mailing or marketing lists for commercial purpose or for distribution to third parties is strictly prohibited. Licensee must keep strictly confidential the pass identification number issued to it by TrialSmith. Licensee's pass identification number must remain within its sole possession and control at all times and may not be communicated in any manner or form to any party not authorized by TrialSmith to have access to and use such pass identification number. Except for the license granted by this agreement, all right, title and interest in TrialSmith data, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of TrialSmith.

3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
TrialSmith data is provided "as is", without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. TrialSmith and contributors of data shall have no liability whatsoever to licensee for any claim(s) relating in any way to this agreement or their performance hereunder, regardless of the form of action, whether based in contract or negligence. In no event shall TrialSmith or contributors of data be liable to licensee for any claim(s) relating to licensee's inability or failure to perform research or related work or to perform such research or other work properly or completely even if assisted by TrialSmith nor shall TrialSmith or contributors of data be liable for any lost profits or other consequential, exemplary, incidental, indirect or special damages, even if advised of the possibility of such damages.

4. RESPONSIBILITY FOR CERTAIN MATTERS
Licensee shall be responsible for all access to and use of TrialSmith data by Licensee's personnel or by means of Licensee's equipment or the TrialSmith pass identification number (for subscribers), whether or not Licensee has knowledge of or authorizes such access and use.

5. RESERVATION OF RIGHTS
TrialSmith reserves the right to modify the terms and conditions of this Agreement from time to time including, but not limited to, the right to impose access and usage limitations. Such modifications shall be effective immediately upon written notice to Licensee.

6. LIMITATION OF CLAIMS
Except for claims relating to improper use of TrialSmith data or pass identification number, no claim, regardless of form, which in any way arises out of this Agreement or the use of or inability to use TrialSmith or data may be made, nor action based upon such claim brought, by either party hereto more than one year after the basis for the claim becomes known to the party desiring to assert it.

7. TERM AND TERMINATION
This Agreement shall become effective upon approval and execution by TrialSmith in Austin, Texas, and shall continue in force until terminated by subscriber until terminated orally or in writing. Notwithstanding the foregoing, TrialSmith may terminate this Agreement immediately upon giving written notice of termination to Licensee.

8. EFFECT OF AGREEMENT
This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating thereto. TrialSmith may amend the terms and conditions of this Agreement by giving licensee written notice thereof. Any other amendment hereto must be in writing and signed by both parties.

9. NOTICES
All notices hereunder shall be given in writing to TrialSmith, 5113 Southwest Parkway, Suite 285, Austin, Texas 78735, and to Licensee.
 
10. GOVERNING LAW
This Agreement shall be governed by and construed under the laws of the State of Texas.

11. OWNERSHIP 
TrialSmith is a subsidiary corporation of the Texas Trial Lawyers Association, Austin, Texas.

12. OTHER PROVISIONS
Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by Licensee without TrialSmith's prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. Failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and shall not constitute a part hereof.

13. RESTRICTIONS OF USE
Licensee agrees that he will not utilize TrialSmith materials for defense representation of insurance companies, corporations or defendants in actions filed by individuals who have been injured or damaged and I am not associated with a law firm that as a major component of their practice consistently represents insurance companies or defendants.

14. PRIVACY STATEMENT 
We respect and are committed to protecting your privacy, and protecting the legal content and testimony you contribute to our plaintiff-only database. Our databases, testimony and legal content you submit to our database are not open to the public, but shared exclusively with plaintiff lawyers. Defense lawyers, insurance companies and businesses are prohibited from access our database.  We collect personally identifiable information when you visit our site, including searches you perform on experts. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you have visited for internal and security purposes. To facilitate expert investigations only, we may share your expert search history exclusively with other plaintiff lawyers in our private network but only when the inquiring plaintiff lawyer is seeking similar expert data.  None of your personally identifiable information, case files, content, testimony or other information will be shared with companies, entities or individuals outside of our private network. We may send you communications on behalf of our national sponsors which you may opt-out of receiving, but we will never sell or release your private contact information including your email, phone and fax to anyone. Your personal credit card data is tokenized, and therefore we never store your personal credit card data in our systems; we are fully compliant with Payment Card Industry Data Standards.

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