COMPDATA SURVEYS’ LICENSE AGREEMENT AND LIMITED WARRANTY
Subscribers to Compensation Data Survey, including the survey questionnaire, the survey database, and the program/vehicle used to access the database (“Application”), must agree with the terms and conditions set forth in the following License Agreement and Limited Warranty. Do not use the Application (which includes the product documentation) until you have carefully read the following terms and conditions. Logging into the Application indicates you have read, understood, and accepted these terms and conditions. If you do not accept, do NOT login to the Application and do contact Compdata Surveys within thirty (30) days to communicate non-acceptance of the Application. If the Application is defective, contact Compdata Surveys within thirty (30) days, and a new version will be sent to you.
This License Agreement and Limited Warranty (“Agreement”) is entered into by and between Compdata Surveys (“Licensor”) and the user who accesses the Application (“Licensee”) for a predetermined price. In consideration of this Agreement, Licensor and Licensee agree as follows:
1. License. This Application contains examined, statistical compensation data (“Data”). Licensor hereby grants Licensee one (1) personal, nonexclusive, non-transferable, limited license to the Data, Application, and any final edition thereof as set forth in this Agreement only. All other rights in and to the Application and Data, including but not limited to copyrights, patents, trade secrets, and other proprietary information relating to the Application and Data, are retained by Licensor.
2. Permitted Uses. Licensee may only use the Data as follows:
a. Licensee may display Data physically or electronically during the course of business for internal use only;
b. Licensee may extract or use Data contained in the Application, including extraction and manipulation of Data for the purpose of illustration, explanation, example, comment, research, or analysis, during the course of business for internal use only.
3. Prohibited Uses. Licensee is prohibited from use of the Application and Data not expressly permitted in the preceding section.
Prohibited uses include but are not limited to:
a. Using any part of the Application or Data as a trademark, servicemark, design-mark, or trade name;
b. Removing any notice of copyright, trademark, or other proprietary right from any place where it is on or embedded in the Application;
c. Incorporating any part of the Application or Data, including the text, data, graphics, and design, in any way that the Application may be reproduced or transmitted in any form, by any means (electronic, photocopying, recording, or otherwise) that a third party can extract, access, reproduce, or decompile or otherwise reverse engineer the Application or Data without the written permission of Licensor;
d. Using the Application or Data in a manner that is reasonably likely to create misrepresentation or confusion among users with respect to Data;
e. Sub-licensing, re-selling, renting, assigning, decompiling or reverse engineering, or otherwise transferring or distributing the Application and Data or the rights granted under this Agreement without the written consent of Licensor. This prohibition includes Licensee’s sharing of his/her username and password so as to grant access to the Application and Data.
4. Disclaimer. Data provided by Licensor is for informational purposes only. Except as expressly provided above, this Application and its support services are provided “as-is” and, to the maximum extent permitted by applicable law, Licensor and its suppliers disclaim all warranties, express or implied, regarding the Application, support services, and related materials, including their fitness for a particular purpose, their quality, their merchantability, or their non-infringement. Licensor does not warrant that the Application or support services are free from bugs, interruption, errors, or other program limitations.
5. Limitation of Liability. Licensor will not be held liable in any event to Licensee or third parties for any loss or damages of any kind, including damages for lost data or economic loss, even in the event Licensor has been notified of the possibility of such loss.
All warranties or guarantees given or made by Licensor with respect to the Application or support services (1) are for the benefit of the Licensee of the Application only and are not transferable, and (2) shall be null and void if Licensee breaches any terms or conditions of this Agreement. Licensor is not responsible for the performance of services or products offered by third parties in connection with the marketing and distribution of the Application.
6. Support Services. Licensor uses a variety of methods (e.g., in-product, Internet, email, fax, and phone) to provide technical and customer support in connection with the Application. Licensor’s website is located at http://www.compdatasurveys.com. Toll-free technical support is available for Licensee at (800) 300-9570. Questions may be faxed to (800) 226-0999. E-mail services are available at firstname.lastname@example.org. The mailing address is Compdata Surveys, 1713 E. 123rd St., Olathe, KS 66061.
7. Term. Licensee will have access to Data for one year following the official release date of the survey results. Licensor reserves the right to terminate this Agreement, in whole or in part, upon written notice to Licensee if Licensee breaches any of the terms or conditions of this Agreement. In addition, at Licensor’s sole discretion, if Licensor believes Data is being used for a purpose not approved by Licensor, that Licensor’s rights are being infringed upon, or that Licensee is in violation of this Agreement, Licensor may immediately terminate this Agreement and Licensee’s access to the Application will be revoked.
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior written or oral understandings, communications, and agreements concerning Licensee’s use of the Application and Data.
9. Modification. This Agreement may not be modified, amended, or discharged except by written agreement signed by authorized representatives of Licensor and Licensee.
10. Severability. If any of the terms or conditions of this Agreement are found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining terms or conditions shall not in any way be affected or impaired thereby.
11. Waiver. Waiver of any term or condition herein shall not be deemed to be or construed as a further or continuing waiver of that term or condition, or as waiver of any other term or condition of the Agreement.
12. Governing Law. This Agreement is made under and shall be construed according to the laws of the State of Kansas.
COPYRIGHT 2014 BY COMPDATA SURVEYS
All rights reserved. No part of this product, including the text, data, graphics, and design, may be reproduced or transmitted in any form, by any means (electronic, photocopying, recording, or otherwise) without the prior written permission of Compdata Surveys.