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2010 Wholesale Distribution Economic Reports:
END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT (“Agreement”) governs your use of the 2010 Wholesale Distribution Economic Reports. (“Report”) provided by Pembroke Consulting, Inc. (“PEMBROKE”) under this Agreement made available to, or accessed by, you (“Purchaser”). The following reports are included under the terms of this agreement:

  1. Agricultural Products Wholesale Distributor
  2. Apparel and Piece Goods Wholesale Distributors
  3. Beer, Wine, and Liquor Wholesalers
  4. Building Material and Construction Wholesale Distributors
  5. Chemicals and Plastics Wholesale Distributors
  6. Commercial Equipment and Supplies Wholesale Distributors
  7. Computer Equipment and Software Wholesale Distributors
  8. Electrical and Electronics Wholesalers
  9. Furniture and Home Furnishing Wholesale Distributors
  10. Grocery and Foodservice Wholesale Distributors
  11. Hardware, Plumbing, and Heating Equipment and Supplies Wholesale Distributors
  12. Industrial Distributors
  13. Metal Service Centers
  14. Miscellaneous Durable Goods Wholesale Distributors
  15. Motor Vehicles and Motor Vehicle Parts Wholesale Distributors
  16. Office Product Wholesalers and Paper Merchants
  17. Oil and Gas Products Wholesale Distributors
  18. Other Consumer Products Wholesale Distributors
  19. 2010 Wholesale Distribution Economic Factbook 
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    c. Except as expressly permitted above, Purchaser shall not do, nor shall it permit any third party to do, any of the following: (a) remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on or affixed to the Report, or fail to preserve all copyright and other proprietary notices on the Report or on any material contained in the Report; (b) refer to or otherwise use the Report as part of any effort to develop a service having any functional attributes, content, visual expressions or other features similar to those of the Report or to compete with PEMBROKE; (c) use the Report to provide, alone or in combination with any other product or service, any product or service to any person, whether on a fee basis or otherwise; (d) re-engineer, reverse engineer, decompile, or disassemble the Report; or (e) attempt to do any of the foregoing. Any and all rights in and to the Service, not explicitly granted to Purchaser under this Agreement, are expressly reserved by and to PEMBROKE, and Purchaser shall not exercise any rights in or to the Report, except to the extent explicitly stated in this Agreement.
     
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  7. Third Party Materials, Products and Services. The Report is available for informational purposes only. Use of the Report is entirely at Purchaser's own risk. PEMBROKE expressly disclaims any and all responsibility for or related to the materials, products or services provided by third parties or the transactions you conduct or enter into with third parties. Additionally, the Report may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. PEMBROKE expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites.
     
  8. Term and Termination. This Agreement shall govern any and all access to the Report, at any time and from any location. PEMBROKE may terminate this Agreement immediately by giving notice of termination to Purchaser, and without prejudice to any other rights or remedies PEMBROKE may have. Upon the expiration or termination of this Agreement, whether under this Section or otherwise, Purchaser shall cease all use of and access to the Service. Sections a, 3, 5, 6, 10, and 16 survive any expiration or termination of this Agreement.
     
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  10. Compliance with Laws. Purchaser shall comply with all applicable laws and regulations.
     
  11. Assignment. Purchaser may not sublicense, assign, or transfer this Agreement, or any rights and obligations under this Agreement, in whole or in part, without PEMBROKE’s prior written consent. Any attempted assignment in violation of this Section 11 shall be void.
     
  12. Independent Contractor. PEMBROKE and Purchaser are each independent contractors and neither party shall be, nor represent itself to be, the franchiser, partner, broker, employee, servant, agent, or legal representative of the other party for any purpose whatsoever. Neither party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, the other party, or to bind the other party in any manner or thing whatsoever. The parties do not intend to form a partnership or joint venture as a result of this Agreement.
     
  13. Modification to Terms. PEMBROKE reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Report at any time, effective upon posting of an updated version of this Agreement on PEMBROKE’s website located at www.PembroekConsulting.com. Purchaser is responsible for regularly reviewing this Agreement. Continued use of the Report after any such changes shall constitute Purchaser’s consent to such changes.

  14. General. This Agreement shall be governed exclusively by the laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws provisions, and the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in Philadelphia, Pennsylvania. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes any and all prior oral or written communications, proposals, representations, and agreements. Except as otherwise provided in this Agreement, this Agreement may be amended only by mutual agreement expressed in writing and signed by both parties, and any attempted amendment in violation of this Section shall be void. Section headings are for reference only and shall not affect the interpretation of this Agreement. The waiver or failure of either party to exercise in any respect any right provided under this Agreement shall not be deemed a waiver of such right in the future or a waiver of any other rights established under this Agreement. The parties do not intend, nor shall any clause be interpreted, to create under this Agreement any obligations of PEMBROKE in favor of, benefits to, or rights in, any third party. Should any term or provision of this Agreement be held to any extent unenforceable, invalid, or prohibited under law, then such provision shall be deemed restated to reflect the original intention of the parties as nearly as possible in accordance with applicable law and the remainder of this Agreement.

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Job Board
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