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the Digital Content for which Blackstone is a licensee, lessee or otherwise has obtained the right
<br /> to include such Licensed Content in the Digital Content(the "Licensed Content"). Each Library
<br /> Account further acknowledges and agrees that it has not acquired, and shall not acquire (whether
<br /> by operation of law, by this License Agreement, by downloading any Digital Content, or
<br /> otherwise),any right,title,interest or ownership in or to the Owned Content or the Licensed Content or
<br /> any part thereof.
<br /> (b) Each Library Account additionally acknowledges that (a) the Blackstone Unlimited
<br /> trademark is owned by Blackstone and that all trademarks, logos, and service marks displayed on
<br /> any Blackstone website are owned by Blackstone or the licensors of the Licensed Content
<br /> (collectively, the "Trademarks"), (b) all Trademarks are the property of their respective owners
<br /> and are used with permission, and (c) nothing in this License Agreement or contained on the
<br /> Blackstone Unlimited website may be construed as granting, by implication, estoppel, or
<br /> otherwise,any right or license to use any Trademark.
<br /> 3. DISCLAIMER OF WARRANTY,LIMITATION OF LIABILITY AND
<br /> INDEMNITY
<br /> (a) BLACKSTONE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
<br /> INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE,
<br /> NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BLACKSTONE
<br /> NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR
<br /> BLACKSTONE ANY OTHER LIABILITY IN CONNECTION WITH THE LICENSING OF
<br /> THE DIGITAL CONTENT AND THE BLACISTONE UNLIMITED SERVICE AND THEIR
<br /> USE BY ANY LIBRARY ACCOUNT.
<br /> (b) IN NO EVENT SHALL BLACKSTONE BE LIABLE TO LIBRARY ACCOUNT FOR
<br /> ANY DAMAGES ARISING FROM OR RELATED TO FAILURE OR INTERRUPTION OF
<br /> THE BLACKSTONE UNLIMITED SERVICE, OR FOR INCIDENTAL, INDIRECT, OR
<br /> CONSEQUENTIAL DAMAGES, OR FOR LOSS OF OPPORTUNITY, LOSS OF USE, OR
<br /> OTHER LOSS ARISING OUT OF OR IN CONNECTION WITH THE LICENSE, TRANSFER,
<br /> OR USE OF THE BLACKSTONE UNLIMITED SERVICE. IN NO EVENT SHALL
<br /> BLACKSTONE'S LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNT RECEIVED
<br /> BY BLACKSTONE FROM LIBRARY ACCOUNT UP TO OCCURRENCE OF THE ACTION
<br /> GIVING RISE TO SUCH LIABILITY.
<br /> (c) EACH PARTY ("INDEMNIFYING PARTY") AGREES TO INDEMNIFY AND HOLD
<br /> HARMLESS THE OTHER PARTY AND ITS CITY COUNCIL, OFFICERS, OFFICIALS,
<br /> EMPLOYEES, AGENTS, VOLUNTEERS, BUSINESS PARTNERS, LICENSORS, AND
<br /> LICENSEES ("INDEMNIFIED PARTIES") FROM ANY DAMAGES, LIABILITIES, COSTS,
<br /> AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ON ACCOUNT OF
<br /> ANY CLAIM, SUIT, ACTION, DEMAND, OR PROCEEDING MADE OR BROUGHT
<br /> AGAINST SUCH INDEMNIFIED PARTIES ON ACCOUNT OF THE INVESTIGATION,
<br /> DEFENSE,OR SETTLEMENT THEREOF,ARISING OUT OF ANY BREACH OR ALLEGED
<br /> BREACH OF ANY OBLIGATIONS SET FORTH HEREIN ("INDEMNIFIABLE CLAIM").
<br /> NOTICE TO THE INDEMNIFYING PARTY OF ANY INDEMNIFIABLE CLAIM FOR
<br /> WHICH INDEMNIFICATION WILL BE SOUGHT. THE INDEMNIFIED PARTIES SHALL
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