TERMS AND CONDITIONS
The terms and conditions set forth herein shall govern the
relationship between SAS Institute Inc. (“SAS”) and the advertiser (and advertising agency, if applicable) for advertisements
in SAS publications. Unless expressly agreed to in writing by
SAS, no other terms or conditions appearing in contracts,
orders, insertion instructions, or otherwise will be binding on
SAS. These terms and conditions may be amended only by a
writing signed by all parties.
For the purposes hereof, “publication” shall mean any use, reproduction, display, or transmission of any advertisement in any
media now existing or hereafter developed. Insertion instructions
shall be supplied for every advertisement and shall clearly state
the following information: name of publication, name of advertiser, date to be inserted, size of advertisement, identification of
advertisement (proof of ad to be furnished if possible), and any
special instructions such as bleed, color, etc.
Offers or requests to publish may be accepted on a first come,
first served basis. Prepayment may be required prior to acceptance of an advertisement for publication. SAS offers
no guarantee that an advertisement will be published in issues
circulating in foreign countries and/or in any particular state. After
the closing dates, advertisers or agencies may not cancel orders
for advertising and may not make changes in insertion orders.
When change of copy, covered by an uncancelled insertion
order, is not received by the closing date, copy run in the previous issue will be inserted. Two (2) or more advertisers are not
permitted to use space under the same contract. Advertisements
ordered set and not used will be charged for composition.
A contract year, or twelve-month period, starts from the date of
the first insertion. Twelve-month periods do not overlap, i.e.,
space counted in one (1) contract period to determine the rate
for that period, cannot be counted again toward determining the
rate for the subsequent or past periods. The forwarding of an
order is construed as an acceptance of all the rates and conditions
under which advertising is at the time sold. Verbal agreements
are not recognized. If more or less insertions are used within one
(1) year than specified in the order, charges will be adjusted in
accordance with established rates.
All advertisements are accepted and published by SAS entirely
on the representation that the advertiser (and advertising
agency, if applicable) is/are duly authorized to publish the entire
contents and subject matter thereof. In consideration of the publication of advertisements, advertiser (and advertising agency, if
applicable), jointly and severally, will indemnify and save harmless SAS, its officers, directors, employees, and independent
contractors from any loss, liability, or expense (including, but not
limited to, reasonable attorneys’ fees) incurred as a result of any
claim, proceeding, or suit for defamation, violation of the rights of
privacy or publicity, plagiarism, copyright infringement, and any
other claim or suit based on the contents or subject matter of
such advertisements. Any liability of SAS for any act, error, or
omission for which it may be held legally responsible shall not
exceed the cost of the advertisement in question. SAS will
not, in any event, be liable for any incidental, exemplary, consequential, or special damages, including, but not limited to,
lost income or profits or loss of use, even if SAS has been
advised of the possibility of such damages. SAS specifically
assumes no responsibility for errors in key numbers.
SAS is not responsible for the errors or omissions in, or the production quality of, furnished inserts. A production proof of any furnished insert must be supplied to SAS prior to the printing of the
insert. The advertiser (and advertising agency, if applicable) shall
be responsible for any additional charges, including, but not limited to, charges associated with delays, incurred by SAS arising
out of the advertiser’s and/or advertising agency’s delivery of
defective inserts and failure to deliver furnished inserts pursuant
to SAS’ specifications, including print orders. In the event that
SAS is unable to publish the furnished inserts as a result of such
failure to comply, the advertiser (and advertising agency, if applicable) shall remain liable for the space costs of such inserts. All
restrictions, including, but not limited to, positioning, separations,
size, facings, editorial adjacencies or other stipulations, are at
the sole discretion of SAS. SAS only accepts full page and two
(2) page advertisements.
SAS is not liable for delays in production or delivery, and/or nondelivery in the event of an Act of God, action by any governmental
or quasi-governmental entity, fire, flood, insurrection, riot, explosion,
embargo, strikes whether legal or illegal, labor or material shortage,
transportation interruption of any kind, work slow-down, or any
other condition beyond the control of SAS affecting production or
delivery in any manner.
Any attempt to simulate a SAS publication’s format is not permitted,
and SAS reserves the right to place the word “advertisement”
with copy which, in SAS’ sole opinion, resembles editorial matter.
No confidential relationship exists between SAS and the advertiser
and/or the advertising agency. This agreement shall be
construed in accordance with the laws of the State of North
Carolina, excluding choice of law provisions, and of the United
States of America.
All payments shall be due net thirty (30) days. SAS reserves the
right to hold advertiser and/or its advertising agency jointly and
severally liable for such monies as are due and payable to SAS.
SAS expressly reserves the right to reject or cancel any advertising for any reason at any time. This right shall not be deemed
to have been waived by acceptance or actual publication of any
advertising matter. SAS assumes no liability if for any reason it
becomes necessary to omit an advertisement.
sascom is published quarterly by SAS Institute Inc. Copyright 2003 SAS Institute Inc., Cary, NC, USA. All rights reserved. SAS and all other SAS Institute Inc. product or service names are registered trademarks or
trademarks of SAS Institute Inc. in the USA and other countries. ® indicates USA registration. Other brand and product names are trademarks of their respective companies. 219650US.0203