Cobalt Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR USE OF COBALT MATERIALS
In this agreement (the "Agreement"), the words "you" and "your" refer to the party utilizing the Cobalt Materials and the term "Cobalt Materials" refers to any Materials or services (including, but not limited to data, research and reference materials) provided by Cobalt and/or its affiliated companies.
LIMITED LICENSE
Upon your acceptance of this Agreement and full and proper payment of all amounts due to Cobalt, Cobalt grants you a personal, non-transferable and non-exclusive license to possess and use the Cobalt Materials solely for your direct marketing, research, reference or customer prospecting purposes in strict accordance with the terms of this Agreement for a maximum period of (1) year, unless otherwise specified. Upon expiration or termination of this Agreement, you shall immediately discontinue your use of the Cobalt Materials.
YOUR RESPONSIBILITIES
Except to the extent specifically authorized in writing by Cobalt, you cannot share or sell the Cobalt Materials and you are responsible to Cobalt for any use of it. You agree and warrant that: a) you will not provide access to any portion of the Cobalt Materials to any unauthorized party without the prior written consent of Cobalt; b) you shall use your best efforts to prevent the misuse and unauthorized use of the Cobalt Materials; c) you will not use any Cobalt Materials for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes; d) you shall not name Cobalt or its affiliated companies or refer to the use of Cobalt Materials in any advertisements, promotional or marketing material.
COMPLIANCE MONITORING AND ENFORCEMENT
It is an express condition of this Agreement that in using the Cobalt Materials you and any authorized users shall fully comply with the terms of this Agreement and all applicable statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing, email, fax marketing, customer solicitation and privacy. Cobalt further reserves the right to review materials to be used by you in promotions to ensure that your use of the Cobalt Materials is both appropriate and in accordance with the permitted uses of the Cobalt Materials; however, Cobalt's failure to review any such materials shall not constitute Cobalt's acceptance of the materials or in any other way waive any rights Cobalt may have or limit any obligations you may have with regard to the use of the Cobalt Materials. Cobalt may also randomly monitor (through seeding and other means) your use of the Cobalt Materials to ensure that your use is in accordance with the permitted uses of the Cobalt Materials.
EXCLUSIVE LIMITED WARRANTY AND LIMITATION OF LIABILITY
All Cobalt materials are provided on a strictly "as is" basis. Cobalt does not assure or warrant the correctness, comprehensiveness or completeness of the Cobalt materials and except as explicitly provided for below, Cobalt expressly disclaims any and all warranties of any nature, express, implied or otherwise, including but not limited to any implied warranties of merchantability, non-infringement, and/or fitness for a particular purpose. In lieu of any and all such warranties, Cobalt offers to you the following limited warranty. You shall have 14 days after receipt of the cobalt materials, to inspect it and notify Cobalt of any problems or mistakes. If cobalt has made a material mistake, then Cobalt will correct the mistake at no additional charge. If you don't notify Cobalt of any problems or mistakes within the 14 day period Cobalt shall have no obligation whatsoever to you. You expressly agree that Cobalt shall not be liable for losses, damages, or injuries of any kind, including but not limited to general, direct, special, incidental, and/or consequential damages caused in whole or in part by the use of the Cobalt materials whether such damages are asserted in an action brought in contract, in tort or pursuant to some other theory and whether the possibility of such damages was made known or was foreseeable or should this limited warranty fail of its essential purpose. In no event shall Cobalt's entire liability exceed the total amount you paid to Cobalt under this agreement.
GENERAL:
(a) This Agreement contains the final and entire agreement between us and supersedes other verbal or written negotiations, understandings or agreements. The Courts at Bangalore (Karnataka) India alone shall have the sole and exclusive jurisdiction in case of any dispute (b) The terms and conditions set forth in this Agreement, along with any additional terms which may be provided which relate to the specific Cobalt Materials provided constitute the entire agreement between you and Cobalt on the subject matter. Any additional or different terms or conditions in any other document, including without limitation any of your purchase orders, shall be of no effect. (c) This policy may be amended from time to time at the discretion of Cobalt. (d) Without limiting any other remedies it may have at law or in equity, Cobalt reserves the right to terminate this Agreement immediately without further notice if Cobalt has reason to believe Customer is not complying with this or any other express condition of use.
USE OF THE COBALT MATERIALS PROVIDED CONSTITUTES YOUR CONSENT TO THIS AGREEMENT. DO NOT USE THE COBALT MATERIALS IF YOU FIND THESE TERMS UNACCEPTABLE. Effective Date: July 1, 2011