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Terms of Use

Global MRL Database

The Global MRL Database is an Internet‐accessible electronic database containing global chemical regulatory standards and data, including maximum residue limits ("MRLs") for various chemicals in agricultural crops that are applicable in certain legal jurisdictions. The Global MRL Database is maintained and hosted by Bryant Christie Inc. ("BCI"), a Washington corporation with the support of the United States Department of Agriculture and the United States Environmental Protection Agency.

These Terms of Use ("TOU") govern use of the Global MRL Database by each party ("Licensee") who accesses it. Licensee confirms its agreement to the TOU, as amended from time to time, when Licensee submits its personal user identification and log‐in information and completes the log‐in process to access the Global MRL Database.

The most current version of the TOU can be found through a link on the home page of the Global MRL Database.

1. License.

(a) Upon agreeing to the TOU, Licensee is granted a non‐exclusive, non‐transferable, non‐sublicensable right and license to access the Global MRL Database in compliance with the TOU.

(b) Licensee's use of the Global MRL Database shall be solely for Licensee's own reference and informational purposes and in compliance with the TOU and all applicable laws. The license granted hereunder does not permit Licensee (and Licensee may not knowingly allow any third party) to: (i) create derivative works of, copy, alter or in any way modify the Global MRL Database or any content contained in it; (ii) decompile, disassemble, reverse compile, reverse engineer, or decode the Global MRL Database; (iii) publish, display, sell, distribute, or sub‐license the Global MRL Database in any form of media (iv) disable, bypass or delete any copy protection or access control method implemented to prevent or deter unauthorized copying or use of the Global MRL Database; or (v) use the Global MRL Database in any fashion that infringes any copyright, intellectual property right, or other proprietary right or interest held by BCI. BCI reserves all rights in the Global MRL Database not expressly granted herein. Downloads of data from the Global MRL Database for Licensee's reference, reports, or presentation purposes is permitted. Reports or presentations that make use of such data shall reference the source as Global MRL Database, Bryant Christie Inc. Downloading data for the purposes of copying and/or distribution of the Global MRL Database is expressly prohibited.

(c) Licensee shall not allow any other person or entity to use Licensee's personal user identification and/or log‐in information to access the Global MRL Database. Licensee shall be responsible for the use of its user identification and/or log‐in information and the Global MRL Database and for compliance with the TOU by any person or entity, whether or not authorized by Licensee.

2. Licensee Privacy. The most current version of BCI's Privacy Policy can be found through a link on the home page of the Global MRL Database. BCI's Privacy Policy explains how BCI may use certain personal data that Licensee provides to BCI when Licensee logs‐in to and uses the Global MRL Database and how BCI will protect Licensee's privacy. By using the Global MRL Database, Licensee agrees BCI can use such data in accordance with its Privacy Policy, as amended from time to time.

3. Ownership; Licensee's Assignment of Intellectual Property Rights. BCI owns or has the right to use all intellectual property contained in or associated with the Global MRL Database. Licensee hereby grants to BCI all intellectual property rights and other proprietary rights in any work Licensee may create in violation of the TOU.

4. Warranty Disclaimer.

(a) THE GLOBAL MRL DATABASE IS INTENDED TO BE AN INITIAL REFERENCE SOURCE ONLY, AND LICENSEE MUST VERIFY INFORMATION OBTAINED FROM IT WITH KNOWLEDGEABLE PARTIES IN THE MARKET OF INTEREST PRIOR TO THE SALE OR SHIPMENT OF ANY PRODUCTS. LICENSEE ACKNOWLEDGES THAT BCI CANNOT AND DOES NOT WARRANT THAT THE GLOBAL MRL DATABASE OR THE DATA CONTAINED IN OR ACCESSIBLE THROUGH IT WILL BE ONE HUNDRED PERCENT (100%) ACCURATE AND FREE OF OMISSIONS OR THAT IT WILL MEET LICENSEE’S REQUIREMENTS.

(b) BCI SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ERRORS OR OMISSIONS IN THE GLOBAL MRL DATABASE OR FROM LICENSEE'S USE OF IT. INTERNATIONAL REGULATIONS AND PERMISSIBLE MRLs CHANGE FREQUENTLY, COMMODITY NOMENCLATURE AND RESIDUE DEFINITIONS VARY BETWEEN COUNTRIES, AND COUNTRY POLICIES REGARDING DEFERRAL TO INTERNATIONAL STANDARDS ARE NOT ALWAYS TRANSPARENT. BCI WILL USE COMMERCIALLY REASONABLE EFFORTS TO KEEP THE GLOBAL MRL DATABASE CURRENT AND TO MAKE IT AS ACCURATE AND COMPLETE AS POSSIBLE; HOWEVER, THE INFORMATION IN IT MAY NOT BE COMPLETELY UP‐TO‐DATE OR ERROR FREE. IF LICENSEE BECOMES AWARE OF ANY ERRORS OR OMISSIONS IN THE GLOBAL MRL DATABASE, IT WILL NOTIFY BCI OF THE ERRORS OR OMISSIONS, AND BCI WILL UNDERTAKE TO CORRECT THE ERRORS OR OMISSIONS EXPEDITIOUSLY.

(c) TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW, THE GLOBAL MRL DATABASE AND ALL RELATED SERVICES (IF ANY) ARE PROVIDED AND LICENSED TO LICENSEE AS IS, AS AVAILABLE, AND WITH ALL FAULTS. BCI DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE GLOBAL MRL DATABASE, EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, RELIABILITY OR AVAILABILITY, ACCURACY, COMPLETENESS, LACK OF NEGLIGENCE, NON‐INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BCI WILL NOT BE LIABLE TO LICENSEE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, COST OF COVER, LOST OPPORTUNITIES, LOST SAVINGS, OR LOST DATA, CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY AND FAILURE TO MEET ANY DUTY INCLUDING GOOD FAITH AND REASONABLE CARE) ARISING OUT OF LICENSEE'S USE OR INABILITY TO USE THE GLOBAL MRL DATABASE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF BCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BCI'S AGGREGATE LIABILITY TO LICENSEE FOR USE OF THE GLOBAL MRL DATABASE EXCEED THE AMOUNT PAID BY LICENSEE TO BCI FOR USE OF THE GLOBAL MRL DATABASE WITHIN THE SIX (6) MONTH PERIOD PRIOR TO THE LAST EVENT GIVING RISE TO LICENSEE'S CLAIM. LICENSEE ACKNOWLEDGES THAT THIS PROVISION REFLECTS AN ADEQUATE AND ACCEPTABLE ALLOCATION OF RISK AND THAT THE REMEDIES SET FORTH ABOVE SHALL APPLY NOTWITHSTANDING THE FACT THAT THEY MAY RESULT IN LICENSEE’S USE OF THE GLOBAL MRL DATABASE FAILING ITS ESSENTIAL PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES DESCRIBED ABOVE CONSTITUTE LICENSEE'S ONLY REMEDIES FOR ANY BREACH BY BCI OF ITS OBLIGATIONS UNDER THE TOU.

5. Licensee Indemnification. Licensee shall defend, indemnify, and hold harmless BCI from all allegations, liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to Licensee's use or misuse of, or access to the Global MRL Database and Licensee's breach of the TOU.

6. Licensee Trade Names, Trademarks, and Service Marks. Licensee grants to BCI a limited license to use the trade names, trademarks, and service marks of Licensee (collectively the “Marks") in promotional and presentation materials to indicate that Licensee is a customer of BCI; provided that BCI: (i) agrees to display symbols and notices clearly and sufficiently indicating the registration, if applicable, of Licensee’s Marks in accordance with applicable trademark law and practice, and (ii) complies with all written guidelines provided to it by Licensee related to use of the Licensee’s Marks. The license granted hereunder is limited, nonexclusive, and royalty-free.

7. Governing Law; Dispute Resolution.

(a) The TOU shall be construed under and governed by the internal laws of the State of Washington without regard to its conflict of law's provisions.

(b) The exclusive venue for any disputes arising under or related to the TOU or Licensee's use of the Global MRL Database shall be in the King County, Washington, Superior Court or in the United States District Court for the Western District of Washington located in Seattle, Washington. Licensee and BCI consent to the personal and exclusive jurisdiction of such courts for such disputes.

(c) If any provision of the TOU is held to be invalid or not legal, such decision shall not affect any other provision of it, and the remainder of the TOU shall continue to be valid and legal.

(d) Communications with BCI regarding the TOU and the Global MRL Database shall be sent to bci@bryantchristie.com.

Last modified: February 2, 2016