 |
Terms of Access
Please read through these terms carefully. By registering as a user and/or accessing
any information or other material (the "Information") found in or obtained via any
part of this website (the "Site"), you are deemed to have entered into (i) an
agreement with The Economist Intelligence Unit, NA, Incorporated ("EIU"), the
provider of the Information, and (ii) an agreement with enumerate Solutions
Incorporated ("enumerate"), the provider of the software that operates the Site
(the "Software") and to have agreed to be bound by the respective terms that apply
to such agreements set out below. If you have entered into a separate written
agreement with EIU governing your access to and use of certain Information, the
terms of such agreement shall prevail in respect of such Information if there is any
inconsistency with the terms of the EIU Agreement set out below.
Terms applicable to your agreement with EIU (the "EIU Agreement")
1. Scope of License
Permitted Uses. You may display the Information on the screen of a
terminal and print one copy of such Information for your non-commercial use.
You may also print or download reasonable portions of the Information for
use in carrying out your own business management and decision-making
purposes. You may, on an occasional and irregular basis, provide
insubstantial portions of the Information in memoranda, reports and
presentations provided that these insubstantial portions are only made
available in print or by secure electronic means to a limited number of
individuals within your organization. You must include copyright notices of
The Economist Intelligence Unit Limited and its affiliates and suppliers and
original source attribution whenever providing any portion of the Information
to any other person.
Prohibited Uses. This license is for single user. Except as expressly
permitted in clause 1.1, you may not, directly or indirectly, allow any other
person to use or share your user name or password, or to have access to the
Information. Any breach of this restriction may result in immediate
termination of your access to the Information and/or liability for damages.
Except as expressly permitted in clause 1.1, you may not (i) reproduce or
store in or transmit to any other web site, newsgroup, mailing list, electronic
bulletin board, local area or wide area network or regularly or systematically
store in electronic or print form, all or any part of the Information or (ii)
modify, publish, transmit, participate in the transfer or sale of, reproduce,
create derivative works from, distribute, perform, display, or in any way
exploit all or any part of the Information (including use as part of any library,
archive or similar service) without the prior written consent of EIU. Any use of
the Information not specifically permitted by this Section 1 is expressly
prohibited. Requests for permission for other uses may be sent to Louis Celi,
Managing Director, EIU Electronic, 111 West 57th Street, New York, NY 10019
or by email to [email protected], and may be subject to a fee.
2. Intellectual Property Protection
The contents and design of the Information and the Site, and all materials distributed
in conjunction with the Information and the Site, including documentation, are
copyright of The Economist Intelligence Unit Limited and certain other affiliates and
suppliers of EIU. All rights are reserved. You may not use or reproduce or allow
anyone to use or reproduce any trade marks (such as "EIU" and "The Economist
Intelligence Unit") or other trade names appearing on the Site or in the Information
for any reason without written permission from EIU. The Software is proprietary
software of enumerate and you may not use it except as expressly allowed under
the terms of this EIU Agreement and the enumerate Agreement (below). You may
not copy, reverse engineer, modify, create derivative works or otherwise deal with
the Software.
3. Fee and Payment
Access to certain Information may be subject to a fee. All payments (including
applicable taxes) must be made in full when due.
If your use of the Site is terminated by EIU, you will be entitled to receive a
refund of any charges or pre-payments which remain unused at the time of
termination unless such use is terminated because you are in breach of this
EIU Agreement. You will continue to be responsible for any fees or other
charges incurred by you prior to such termination.
4. Community Forums
The Site may include public areas ("Forums") that allow you to interact with
EIU and other users by posting messages. You are solely responsible for the
content of your messages and must comply with the rules of the Site. You
may not post any message containing any form of advertising, chain letter,
"spam", information on securities, unlawful, corruptive or abusive content or
component, confidential information of another party or information that is
unrelated to the Forum or Forum topics. You may not disguise the origin of
any message, impersonate or misrepresent any affiliation with any person or
entity, collect or store other users' personal data or inhibit any other user's
use of Forums.
It is not possible for EIU to fully and effectively monitor messages to Forums.
If you believe a message infringes your legal rights, please notify EIU
immediately by contacting [email protected].
5. Term and Termination
EIU may, in its sole discretion, terminate or suspend your access to all or part
of the Site with or without cause by delivering notice to you.
For any use in breach of this EIU Agreement, EIU may terminate this EIU
Agreement and your access to the Site and the Information without notice to
you. The rights of termination are in addition to all other rights or remedies of
EIU provided in this EIU Agreement or by law. In the event this EIU
Agreement is terminated, your right to access and use the Information will
cease immediately.
6. Changes to these Terms
EIU may at any time at its discretion make changes to any part of the Site including
but not limited to the Information available on the Site. EIU may also change the
terms of this EIU Agreement applicable to EIU (including those relating to your use
of the Information). When terms are changed, EIU will notify you by email or by
publishing details of those changes on the Site. If you use the Site after EIU has
published or notified you of the changes, you are agreeing now to be bound by those
changes. If you do not agree to be bound by those changes, you should not use the
Site any further after they are published on this Site or after you receive notice of
them.
7. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of
the Information, EIU makes no warranty, express or implied concerning the
Information, the Site or any software, and expressly disclaims all warranties,
including but not limited to warranties of fitness for a particular purpose and
warranties of merchantability. In no event will EIU or its affiliates be liable for
direct, special, incidental, or consequential damages (including, without
limitation, damages for loss of business profits, business interruption, loss of
business information or other pecuniary loss) arising directly or indirectly
from the use of (or failure to use) or reliance on the Information or the Site,
even if EIU has been advised of the possibility that such damages may arise.
EIU does not guarantee the accuracy, content, or timeliness of the
Information.
Because some jurisdictions do not allow certain exclusions or limitations of
liability for damages, the above limitations or exclusions may not apply to
you. However, in no event will any liability of EIU, its affiliates, agents and
licensors, if any, arising out of any kind of legal claim (whether in contract,
tort, or otherwise) in any way connected with this EIU Agreement, the Site or
the Information exceed the amount paid, if any, by you to EIU under this EIU
Agreement in respect of the particular Information to which the claim relates.
You agree to defend, indemnify and hold harmless EIU from any claims and
expenses, including reasonable legal fees, related to any breach of this EIU
Agreement by you or any breach of this EIU Agreement by your use of the
Site or the Information.
8. Passwords and Responsibilities
Certain areas of the Site are only open to you if you register. You are solely
responsible for the confidentiality and use of and access to the Information
and the Site using your user name, sign-on password, I.D, discount or license
fee. You agree to immediately notify EIU if you become aware of any loss or
theft of any sign-on password or I.D. or any unauthorized use of a sign-on
password, I.D., user name, license fee or discount or of the Information or
the Site.
You will provide EIU with accurate, complete registration information
(including your email address) and inform EIU of any changes to such
information.
9. Force Majeure
EIU, its affiliates and its information providers will not be liable or deemed to be in
default for any delay or failure in performance or interruption of the delivery of
Information resulting directly or indirectly from any cause or circumstance beyond its
or their reasonable control, including but not limited to failure of electronic or
mechanical equipment or communication lines, telephone or other interconnect
problems, computer viruses, unauthorized access, theft, operator errors, severe
weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or
governmental restrictions.
10. Miscellaneous
Taxes. You shall be responsible for the proper payment of all taxes which
may be levied or assessed based on your use of the Information, the Site, or
on any payments by you to EIU hereunder, other than EIU's income taxes.
No Joint Venture. No joint venture, partnership, employment, or agency
relationship exists between you and EIU as a result of this EIU Agreement,
the Information or the Site.
Entire Agreement. Save as expressly agreed to in writing between the
parties, any representation, warranty, term or condition not expressly set out
in this EIU Agreement shall not apply.
Authority. Each party represents and warrants to the other that it has full
power and authority to enter into and perform this EIU Agreement, and that
the person showing assent to this EIU Agreement on behalf of each party has
been properly authorized and empowered to enter into this EIU Agreement.
Advertising, Third Party Content and Other Sites. Parts of the Site may
contain advertising or other third party content. Advertisers and EIU's content
providers are responsible for ensuring that material submitted for inclusion on
the Site complies with international and national law. EIU will not be
responsible for any error, omission or inaccuracy in such material. The Site
may contain links to other World Wide Web Sites. EIU is not responsible for
the availability of these Sites or their contents
Assignment of Agreement. This EIU Agreement is personal to you and your
rights and obligations under it may not be assigned or otherwise transferred.
This EIU Agreement may be assigned to a third party by EIU.
Non-Waiver. No delay or omission on the part of either party in requiring
performance by the other party of its obligations will operate as a waiver of
any right.
Notices. Notices to EIU will be given in writing by letter and will be sent to
EIU's last known place of business in New York (for the attention of Louis Celi,
Managing Director, EIU Electronic). Notices to you may be given in writing by
letter or by email at your address provided by you on registration or such
other address you notify to EIU in writing. Letters will be deemed received on
the date of dispatch if sent by fax (or on the following business day, if faxed
after the recipient's normal business hours) or on the expiry of 4 business
days from the date of posting if sent by overnight post. Emails sent by EIU
will be deemed received 3 hours from the time they are posted.
Severability/Survival/Statute of Limitations. If any provision of this EIU
Agreement is invalid or unenforceable, such will not render the entire EIU
Agreement unenforceable or invalid but rather the EIU Agreement will be read
and construed as if the invalid or unenforceable provision(s) are not contained
therein. Any cause of action of yours with respect to this EIU Agreement must
be filed in a court of competent jurisdiction in New York, New York, U.S.
within one year after the cause of action has arisen, or such cause will be
barred, invalid, and void.
Headings. Headings in this EIU Agreement are for convenience only and
have no legal meaning or effect.
Governing Law. This EIU Agreement shall be governed by the laws of the
United States of America and New York State, as if the EIU Agreement were a
contract wholly entered into and wholly performed within New York State,
without reference to the choice of law provisions thereof. The parties
irrevocably agree to submit to the personal jurisdiction and venue of the
federal and state courts presiding in New York, NY, U.S.A.
Terms applicable to your agreement with enumerate (the "enumerate
Agreement")
1. Scope of License
Permitted Uses. You may only use the Software as necessary to enable you to
make such uses of the Site and Information as are permitted under the terms of the
EIU Agreement above. You must include copyright notices of enumerate Solutions
Incorporated and its affiliates and suppliers and original source attribution whenever
providing any portion of the Information to any other person.
2. Intellectual Property Protection
The contents and design of the Information and the Site, and all materials distributed
in conjunction with the Information and the Site, including documentation, are
copyright of The Economist Intelligence Unit Limited and certain other affiliates and
suppliers of EIU. All rights are reserved. You may not use or reproduce or allow
anyone to use or reproduce any trade marks (such as "enumerate" and "e-
Numerate Solutions Incorporated") or any other trade names or trademarks
appearing on the Site or in the Information for any reason without written
permission from enumerate or the appropriate owner of such trade name or mark,
as the case may be. The Software is proprietary software of enumerate and you
may not use it except as expressly allowed under the terms of this enumerate
Agreement. All rights are reserved. You may not copy, reverse engineer, modify,
improve, create derivative works, or otherwise deal with, or alter, the Software in
any way.
3. Fee and Payment
See clause 3 of the Terms Applicable to EIU above.
4. Community Forums
See clause 4 of the EIU Agreement above. enumerate will not be in any way
involved with, or a participant in, any Forums. Accordingly, it is not possible
for enumerate to fully and effectively monitor messages to Forums. If you
believe a message infringes your legal rights, please notify EIU immediately
by contacting [email protected].
5. Term and Termination
See clause 5 of the Terms Applicable to EIU above.
6. Changes to these Terms
enumerate may at any time at its discretion make changes to any part of the Site
including but not limited to the Information available on the Site. enumerate may
also change the terms of this enumerate Agreement (including those relating to
your use of the Software). When terms are changed, enumerate will notify you by
email or by publishing details of those changes on the Site. If you use the Site after
enumerate has published or notified you of the changes, you are agreeing now to
be bound by those changes. If you do not agree to be bound by those changes, you
should not use the Site any further after they are published on this Site or after you
receive notice of them.
7. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and
performance of the Software, enumerate makes no warranty, express or
implied concerning the Information, the Site or the Software, and expressly
disclaims all warranties, including but not limited to warranties of fitness for a
particular purpose and warranties of merchantability. In no event will e-
Numerate or its affiliates be liable for direct, special, incidental, or
consequential damages (including, without limitation, damages for loss of
business profits, business interruption, loss of business information or other
pecuniary loss) arising directly or indirectly from the use of (or failure to use)
or reliance on the Information or the Site, even if enumerate has been
advised of the possibility that such damages may arise. enumerate does not
guarantee the accuracy, content, or timeliness of the Information.
Because some jurisdictions do not allow certain exclusions or limitations of
liability for damages, the above limitations or exclusions may not apply to
you. However, in no event will any liability of enumerate, its affiliates,
agents and licensors, if any, arising out of any kind of legal claim (whether in
contract, tort, or otherwise) in any way connected with this enumerate
Agreement, the Site or the Information exceed the amount paid, if any, by
you to EIU or enumerate under this enumerate Agreement in respect of the
particular Information to which the claim relates. You agree to defend,
indemnify and hold harmless enumerate from any claims and expenses,
including reasonable legal fees, related to any breach of this enumerate
Agreement by you or any breach of this enumerate Agreement by your use
of the Site or the Information.
8. Passwords and Responsibilities
See clause 8 of the Terms Applicable to EIU above.
9. Force Majeure
enumerate, its affiliates and its information providers will not be liable or deemed to
be in default for any delay or failure in performance or interruption of the delivery of
Information resulting directly or indirectly from any cause or circumstance beyond its
or their reasonable control, including but not limited to failure of electronic or
mechanical equipment or communication lines, telephone or other interconnect
problems, computer viruses, unauthorized access, theft, operator errors, severe
weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or
governmental restrictions.
10. Miscellaneous
Taxes. You shall be responsible for the proper payment of all taxes which
may be levied or assessed based on your use of the Information, the Site, or
on any payments by you to enumerate hereunder, other than enumerate's
income taxes.
No Joint Venture. No joint venture, partnership, employment, or agency
relationship exists between you and enumerate as a result of this e-
Numerate Agreement, the Information, the Software or the Site.
Entire Agreement. Save as expressly agreed to in writing between the
parties, any representation, warranty, term or condition not expressly set out
in this enumerate Agreement shall not apply.
Authority. Each party represents and warrants to the other that it has full
power and authority to enter into and perform this enumerate Agreement,
and that the person showing assent to this enumerate Agreement on behalf
of each party has been properly authorized and empowered to enter into this
enumerate Agreement.
Advertising, Third Party Content and Other Sites. Parts of the Site may
contain advertising or other third party content. Subject to the terms of the
EIU Agreement, Advertisers and enumerate's content providers are
responsible for ensuring that material submitted for inclusion on the Site
complies with international and national law. enumerate will not be
responsible for any error, omission or inaccuracy in such material. The Site
may contain links to other World Wide Web Sites. enumerate is not
responsible for the availability of these Sites or their contents
Assignment of Agreement. This enumerate Agreement is personal to you
and your rights and obligations under it may not be assigned or otherwise
transferred. This enumerate Agreement may be assigned to a third party by
enumerate.
Non-Waiver. No delay or omission on the part of either party in requiring
performance by the other party of its obligations will operate as a waiver of
any right.
Notices. Notices to enumerate will be given in writing by letter and will be
sent to enumerate's last known place of business in Virginia (for the
attention of Michael Hoover). Notices to you may be given in writing by letter
or by email at your address provided by you on registration or such other
address you notify to EIU in writing. Letters will be deemed received on the
date of dispatch if sent by fax (or on the following business day, if faxed after
the recipient's normal business hours) or on the expiry of 4 business days
from the date of posting if sent by overnight post. Emails sent by enumerate
will be deemed received 3 hours from the time they are posted.
Severability/Survival/Statute of Limitations. If any provision of this e-
Numerate Agreement is invalid or unenforceable, such will not render the
entire enumerate Agreement unenforceable or invalid but rather the e-
Numerate Agreement will be read and construed as if the invalid or
unenforceable provision(s) are not contained therein. Any cause of action of
yours against enumerate with respect to this enumerate Agreement must
be filed in a court of competent jurisdiction in Fairfax County, Virginia, U.S.
within one year after the cause of action has arisen, or such cause will be
barred, invalid, and void.
Headings. Headings in this enumerate Agreement are for convenience only
and have no legal meaning or effect.
Governing Law. This enumerate Agreement as it relates to enumerate
shall be governed by the laws of the United States of America and the State
of Virginia, as if the enumerate Agreement were a contract wholly entered
into and wholly performed within the State of Virginia, without reference to
the choice of law provisions thereof. With respect to any dispute involving e-
Numerate, the parties irrevocably agree to submit to the personal jurisdiction
and venue of the federal and state courts presiding in Fairfax County,
Virginia, U.S.A.
|
|
|
