Choosing "yes" indicates your agreement with the following four statements on behalf of yourself and the company you work for (the "Client").
(A) The Client wishes to inspect the survey items available from the NCEO, defined as the contents of the Survey List for purposes of determining if the Client wishes to purchase rights to use all or part of the Survey List. The Client agrees that this is the sole purpose of inspecting the Survey List. In consideration of being granted permission to inspect the Survey List, the client agrees to the conditions in B, C and D below.
(B) The Client acknowledges that the Survey List, including all questions contained therein, are copyrighted by, and the proprietary trade secrets of, the NCEO and should not be disclosed, shared, duplicated, or modified for inclusion in any derivative work.
(C) The Client acknowledges that any violation of Section A or Section B of this Agreement would constitute irreparable harm to the NCEO, and therefore the NCEO shall be entitled hereunder to enjoin and restrain the Client from any continuing violation of this Agreement. This equitable remedy shall be in addition to (and not supersede) any action for damages the NCEO may have for breach of any part of this Agreement. Furthermore, should the Client breach this Agreement, the NCEO shall be entitled to reimbursement and indemnification from the Client for the NCEO’s reasonable attorneys fees and other legal costs that were incurred as a proximate result of the Client’s breach. Any action related to the Agreement shall exclusively be heard in a state or federal court within the State of California, applying California Law without regard to choice of law provisions.
(D) This is the complete Agreement of the Parties as to the subject hereof, and any modification shall be in writing. Any invalid provisions shall be severable, and the remainder of this Agreement shall remain in full force and effect.
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