Copyright Information
TechNavio is a trademark of Infiniti Research Limited, and may be registered in certain jurisdictions. The information contained in this Web site has been prepared solely for the purpose of providing information about TechNavio. This Web site has been compiled in good faith by Infiniti Research, from internal and external sources. However, no representation is made or warranty given as to the completeness or accuracy of the information that it contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. You should therefore verify information obtained from this Web site before you act upon it by contacting Infiniti Research.
THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR IMPLIED TERM OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH IMPLIED TERMS AND WARRANTIES ARE HEREBY EXCLUDED.
ACCESSING THIS WEB SITE YOU AGREE THAT INFINITI RESEARCH WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS ARISING FROM THE USE OF THE INFORMATION AND MATERIAL CONTAINED IN THIS WEB SITE OR FROM YOUR ACCESS OF OTHER MATERIAL ON THE INTERNET VIA WEB LINKS FROM THIS SITE. The above exclusions and limitations apply only to the extent permitted by law.
Access to any of the services offered by Infiniti Research are subject to terms and conditions for the particular service in question, details of which may be obtained from relevant subsidiary offering the relevant service.
The copyright in the material contained in this Web page belongs to Infiniti Research. No part of the website or any material appearing on it may be reproduced on, stored in or transmitted to any other website without prior written permission of Infiniti Research Limited. Any person may copy any part of this material, subject to the following conditions:
- The material may be used only for non-commercial purposes;
- The copies must retain any copyright or other intellectual property notices contained in the original material; and
- The products, technology or processes described in this Web site may be the subject of other intellectual property rights reserved by Infiniti Research or by other third parties. No license is granted in respect of those intellectual property rights.
Subscribers to TechNavio agree to the following Terms & Conditions:
- Agreement. “Agreement" shall mean any contract Rider executed by "Customer" and accepted by Infiniti Research Limited ("Infiniti"), and these standard terms and conditions which are incorporated by reference in such rider.
- Service. As a third-party provider of information, Infiniti reserves the right to add or withdraw databases and modify or otherwise change the Service (including features) as necessary. In addition, Infiniti reserves the right to change any and all Service rates and standard prices or these terms and conditions respecting the Service at any time.
- Database-Specific Terms & Conditions. Customer agrees to abide by database-specific terms and conditions set by the information provider, as revised from time to time, as if same were fully included herein. Database-specific terms and conditions are available in the online documentation for each database, via the TechNavio website.
- Customer Warranties. Customer represents and warrants to Infiniti that there exists, at the commencement of this Agreement and for all periods thereunder: no legal reason that Infiniti should deny Services to Customer; that Customer is of legal majority age (i.e., 18 years of age or older in most jurisdictions); and that Customer's use of Services is not for any illegal or injurious purpose or purposes. Customer represents and warrants to Infiniti that Customer will not use the Services to publish, post, distribute, receive or disseminate defamatory, infringing, obscene, or other unlawful material or to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others. Customer represents and warrants that Customer will not intercept or attempt to intercept the communications of others using the Services or to delete materials of Infiniti or of others using the Services or to corrupt or interfere with the Services in any respect or to falsify the origin of Customer's communications. Further, Customer represents and warrants to Infiniti Customer's strict compliance with copyright laws applicable to the information obtained via the Services.
- Indemnity. Customer agrees to indemnify and hold Infiniti, its officers, employees and its suppliers harmless from and against any loss, claim, demand, expense (including attorney's fees), or liability of whatever nature or kind of Customer or of third parties arising out of the use of Service or materials provided hereunder; provided however, that such obligations shall not apply where the loss, claim, demand, expense, or liability arises from Infiniti’s infringement of the intellectual rights of third parties. Infiniti agrees to indemnify and hold Customer, its officers, and employees harmless from and against any loss, claim, demand, expense (including attorney’s fees) or liability arising out of Infiniti’s infringement of the intellectual property rights of third parties.
- Data and Service. THE DATA AND SERVICES FURNISHED HEREUNDER ARE FURNISHED "AS IS." INFINITI AND THE INFORMATION PROVIDERS FROM WHICH COLLECTS INFORMATION, MAKE NO REPRESENTATIONS OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY SUCH WARRANTIES TO BE IMPLIED WITH RESPECT TO THE DATA OR SERVICES FURNISHED. INFINITI ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER OR ITS EMPLOYEES, CLIENTS, OR CUSTOMERS USE THEREOF. INFINITI SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR SHALL THEY BE LIABLE FOR EXEMPLARY DAMAGES OR "LOST PROFITS." IN NO EVENT SHALL INFINITI LIABILITY TO CUSTOMER FOR DAMAGES, REGARDLESS OF CAUSE OR FORM OF ACTION, EXCEED THE VALUE OF THE ORDER FOR ONE (1) YEAR PRECEDING THE INCIDENT GIVING RISE TO SUCH DAMAGES. SUCH LIMITATION, HOWEVER, SHALL NOT BE APPLICABLE TO CLAIMS INVOLVING INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY IN EVERY COUNTRY. CUSTOMER MAY ALSO HAVE OTHER WARRANTY RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
- License and Use. Customer may not use any data or documentation received from the Service except as expressly provided in this Agreement. Customer agrees, for itself and for any party acting by or through Customer:
- To allow its password(s) and any documentation, or data received from the Service, to be used only by Customer's
- employees, agents or contractors,
- faculty, enrolled students and staff in the case of educational institutions, or
- library patrons, in the case of libraries (the authorized users described in subsections (a), (b), and (c) are collectively referred to as the "Authorized Users");
- Not to transfer, by any means whatsoever, any data or documentation received from the Service (or copies thereof), to any person, organization or institution outside the Approved User-Base and to prohibit any member of the Approved User-Base from doing so;
- Not to sell, exchange, barter, or transfer, rent, lease, loan, resell for profit, distribute or in any other manner commercially exploit any data or documentation received from the Service; or obscure copyright notices contained on data or documentation received from the Service. Exceptions to these conditions, where requested in writing by Customer, may be granted by Infiniti’s sole discretion.
- Passwords (where applicable). All terms and conditions of this Agreement are applicable to all passwords issued under this Agreement and, accordingly, Customer agrees to assume sole responsibility: for compliance with the Agreement; for all charges incurred for each and every password issued under this Agreement; and for maintaining the security respecting the passwords issued. Subscriber shall inform Infiniti of the name and business address of each Person to whom Subscriber wishes to disclose any User Identification Number and the name and business address of each and every Person who is authorized by Subscriber to use the Service.
Unless expressly approved in writing by Infiniti in advance, a password is valid for use only in the country to which it is issued.
Passwords may be restricted from accessing certain data on the Service due to Government or Information Provider restrictions.
In any event where Customer allows others to use the password or, with the prior written consent of Infiniti and/or the information provider, as may be required, provides search output to others, Customer assumes sole responsibility to ensure that all provisions of this Agreement are agreed upon and complied with by such others.
In the event of loss or theft of a password, it is Customer's responsibility to notify Infiniti immediately, in writing and Customer shall be relieved of liability for charges incurred on such password subsequent to Infiniti's receipt of such notice.
- Organization Name. If Customer’s organization changes its organizational trade name, as soon as possible following the change Customer should email the details to Infiniti. Infiniti will then modify its Customer records to reflect the new trade name.
- Invoicing/Payment. Customer will be invoiced prices set forth in the applicable Infiniti Rider(s). TechNavio's prices are exclusive of sales, use, excise, value added, or other similar taxes; Customer will be invoiced for any applicable taxes on the sale of services and/or products.
Invoicing will be as set forth in the Rider with payment due upon receipt of invoice. Undisputed accounts not paid within thirty (30) days of date of invoice shall be deemed delinquent and are subject to interest charges of eighteen percent (18%) per annum on the unpaid balance (or the maximum rate allowed by law, if such rate is less than 18%). Infiniti reserves the right to suspend Service to a delinquent account without prior notice. Should Customer be delinquent in the payment of any invoices, Customer shall be liable for all costs of collection incurred by Infiniti, including without limitation collection agency fees and reasonable attorney's fees, as well as court costs.
- Use of Purchase Order. In case of any conflict with the terms of this agreement and the customer’s purchase order, terms of this agreement shall control and prevail.
- Termination of Agreement. This Agreement remains in effect until terminated by either party. Customer will provide 30 days written notice before the end of a month to Infiniti in accordance with the terms set forth in the Rider(s) in order to terminate this agreement. Upon termination, Customer agrees to remove all Customer data stored on the Service.
- Law. This Agreement shall be construed and interpreted solely in accordance with the laws of England, without application of its conflict of laws provisions. Should any term and condition be declared illegal or otherwise unenforceable, it shall be severed from the remainder of this Agreement without affecting the legality or enforceability of the remaining portions. Infiniti's remedies set forth herein are not exclusive and are in addition to any and all other remedies available at law or in equity, none of which shall be deemed as waived by virtue of Infiniti's exercise of any other remedy. Except solely for actions by Infiniti to collect for charges incurred by the Customer which have not been paid, neither party may bring an action regardless of form, arising out of the transactions under this Agreement more than two (2) years after the cause of action has accrued. If action be instituted on this Agreement, the prevailing party shall be entitled to recover costs and reasonable attorney's fees. Customer agrees that any breach of its obligations under this Agreement with respect to the restriction on Customer's use of the data or documentation received from the Service will cause Infiniti irreparable injury for which there are inadequate remedies at law, and therefore Infiniti will be entitled to equitable relief in addition to all other remedies provided by this Agreement or available at law.
- Concepts and materials. Any ideas, concepts or materials submitted to Infiniti by the Customer regarding the Service become Infiniti's property to exploit or to not exploit as Infiniti solely deems appropriate without necessity for remuneration or attribution to Customer.
- Force Majeure. Infiniti shall not be liable or deemed to be in default for any delays or failure in performance or interruption of Service resulting directly or indirectly from any cause or circumstance beyond their reasonable control.
- Assignment. This Agreement is not assignable or transferable by Customer and any attempted assignment or transfer shall be null and void and of no force or effect. Infiniti may assign this Agreement and/or payments due without requirement for Customer's permission or approval.
- Final Agreement. This Agreement (including any revisions), including Price Lists, Database-specific Terms and Conditions, and Riders and other amendments, constitute the entire agreement between the parties. This Agreement may only be modified in writing by Infiniti.
If you have any questions regarding the Terms & Conditions, please contact Customer Support on support@technavio.com |