PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE INFOTRENDS SOFTWARE.
BY USING THE INFOTRENDS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE CLICK "DISAGREE/DECLINE".
1. Trial License Grants To You.
1.1 If you subscribe to a free trial version of this Service, you will be able to install the Client Software and access the Service only for the limited trial period specified at the time of download or account activation (the “Trial Period”). Unless otherwise agreed by the Parties in writing, the Trial Period shall be seven (7) days. At the end of your Trial Period, unless you pay the applicable subscription fee, the Client Software and Service may, depending on then-current trial policies, either have reduced functionality thereafter or become inoperable and expire. If you are an individual, you may not subscribe to more than one Trial Period. This means that, after the expiration of your initial Trial Period, you may not subscribe to additional Trial Periods, including by using false or alternate registration information. If you are an entity, you will be entitled to only one Trial Period per customer identification number.
1.2 All Other Rights Reserved. All rights not expressly granted to you in this Agreement are reserved by InfoTrends and its licensors.;
2. License Restrictions
2.1 No Sharing of User Accounts. Each subscription applies to a single named user account specified in an Order Form. If you are an individual, this means that your subscription applies only to you as the single named user, and you may not transfer your subscription to someone else, even if the term of your subscription has not yet expired.
2.2 No Sharing of Customer ID. Each individual who agrees to the terms and conditions of this agreement from InfoTrends will be assigned a unique customer ID for the trial period. This means that you may not allow any other person to use your customer ID.
2.3 You shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the Client Software or Service or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Client Software or Service by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) distribute, sell, sublicense, rent, lease or use the Client Software or Service (or any portion thereof) for time sharing, hosting, service provider or like purposes; (c) remove any product or brand identification, proprietary, copyright or other notices contained in the Service; (d) modify any part of the Service, create a derivative work of any part of the Service, or incorporate the Service into or with other software or service, except to the extent expressly authorized in writing by InfoTrends; or (e) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Service.
2.4 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, the Client Software or the Content in any way; (ii) modify or make derivative works based upon the Service, the Client Software or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Client Software or the Service or its interfaces in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
2.5 You shall not use the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity. You will not (a) run Maillist, Listserv, any form of “spider” or “crawler,” any form of auto-responder, or “spam” on the Service or its website(s) (the “Site”), (b) use any automated means to access or collect any content, information or data from the Site, or (c) run any processes that run or are activated while you are not logged in.
3. Ownership of Intellectual Property. As between you and InfoTrends, InfoTrends (and its licensors) shall own all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret, sui generis database and other intellectual property rights) (a) in and to the InfoTrends Technology, the Content and the Service, and all copies, modifications and derivative works thereof and (b) any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale, but a limited license to use the Client Software, the Service, and the Content in accordance with the terms of this Agreement. This Agreement does not convey to you any rights of ownership in or related to the Service, the Content, the Client Software, the InfoTrends Technology or any intellectual property rights owned by InfoTrends. The InfoTrends name, the InfoTrends logo and the product names associated with the Client Software and the Service are service marks or trademarks of InfoTrends or third parties, and no right or license is granted to use them.
4. Commencement. The Trial Period shall commence on the date that You are notified that the Services You requested have been provisioned. You will not be charged for Services during the Trial Period.
5. Cancellation. Either Party may cancel this Trial Agreement at any time during the Trial Period upon written notice to the other Party.
6. Disclaimer of Warranties.
6.1 No Warranty. InfoTrends does not guarantee that use of the Client Software or the Service will be uninterrupted or error-free. InfoTrends does not guarantee that the information accessed through the Service will be accurate or complete. InfoTrends does not review data provided by users. You acknowledge that performance of the Service may be affected by any number of factors, including without limitation, technical failure of the Client Software or the InfoTrends Technology, the acts or omissions of third parties, and other causes reasonably beyond the control of InfoTrends.
6.2 Disclaimer of Warranties. NEITHER INFOTRENDS, NOR ANY OF ITS RELATIONSHIP PARTNERS, MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE CLIENT SOFTWARE, OR ANY CONTENT (THE SERVICE, THE CLIENT SOFTWARE, AND THE CONTENT, TOGETHER THE “INFOTRENDS SYSTEM.”) NEITHER INFOTRENDS, NOR ANY OTHER RELATIONSHIP PARTNERS REPRESENT OR WARRANT THAT
(A) THE USE OF THE INFOTRENDS SYSTEM WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE INFOTRENDS SYSTEM WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA,
(B) THE INFOTRENDS SYSTEM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE,
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE INFOTRENDS SYSTEM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(E) ERRORS OR DEFECTS WILL BE CORRECTED, OR
(F) THE INFOTRENDS SYSTEM OR THE SERVERS THAT MAKE THE INFOTRENDS SYSTEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE INFOTRENDS SYSTEM AND CONTENT ARE PROVIDED TO YOU STRICTLY “AS IS”. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INFOTRENDS AND ITS RESELLERS AND OTHER RELATIONSHIP PARTNERS. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Governing Laws. This Trial Agreement will be governed by the laws of the State of Massachusetts. Any action or proceeding relating to this Trial Agreement must be brought in a federal or state court in Massachusetts. If any legal action is brought to enforce this Trial Agreement, the prevailing Party will be entitled to receive its costs, expenses, and reasonable attorneys’ fees, in addition to any other relief it may receive. This Trial Agreement constitutes the entire agreement between the Parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.