General Terms and Conditions
- This subscription entitles the buyer to one report in the form of an email delivered on all weekdays except on Federal holidays in USA and switching to a weekly cadence for two weeks over the Christmas holiday season. The subscription also entitles the buyer to access to an interactive online version, with the level of access to be either six-months or two years of back content as per chosen subscription package.
- Term. This SA is non-cancellable, and may be terminated only for material breach by either party, upon 30 days’ prior written notice, if the breach is not cured within the notice period. In the event Client breaches this SA by failing to pay for the services, or by exceeding its authorised usage rights to the Services, Finnovate may deactivate Client’s access to the Services, on ten (10) days’ notice, until the breach is cured, and Client shall remain liable for all fees payable hereunder. In order to remain current and timely in its Service offerings, Finnovate may make minor modifications from time to time in the content of any Service. If Finnovate discontinues any Service in its entirety, Client may, at its option, receive a substitute Service or obtain a pro rata refund of the fees paid for the discontinued Service.
- Access to the Services. Access to the Service is restricted to the number of named entities and geographies as identified in Page 1 of this SA. Subject to Section 9(a) (“Assignability”), the rights granted to Client may not be sublicensed, sold or otherwise transferred.
- Ownership and Use of the Services. The services are owned and copyrighted by Finnovate and/or its affiliates. Finnovate reserves all rights to the Services not expressly granted to the Client hereunder. Users may (i) print copies of individual research documents for their personal use, for the benefit of Client; excerpt from individual research documents, on a non-routine basis, for internal presentations or reports to be shared with other Client personnel, provided the excerpt is within the limits of “fair use” under applicable copyright law. Client may not redistribute copies of individual research documents, by electronic means or otherwise, to entities and geographies that are not licensed, unless specifically authorised in a Service Description. Users may not reproduce or distribute the Services externally without Finnovate’s prior written permission, except for external distribution, in their entirety only, of reprints of individual documents purchased by Client. Client may excerpt from the Services for external use only if Client obtains the prior written approval of Finnovate. This applies to all sharing of online access to and bars sharing of user names and passwords.
- Client Confidential Information. Finnovate agrees to keep confidential any Client-specific information communicated by Client to Finnovate in connection with this SA.
- Disclaimer of All Other Warranties. The Services are provided on an “as is” basis, and Finnovate expressly disclaims all warranties, express or implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, and to warranties as to accuracy, completeness or adequacy of the information. Client recognizes the uncertainties inherent in any analysis or information that may be provided as part of the Services, and acknowledge that the Services are not a substitute for its own independent evaluation and analysis and should not be considered a recommendation to pursue any course of action. Finnovate shall not be liable to any actions or decisions that Client may take based on the Services or any information or data contained therein. Client understands that it assumes the entire risk with respect to the use of the Services.
- Liability. Except for violations by Client of authorised usage rights to the Services or Finnovate’s intellectual property rights (i.) each Party’s liability under this SA under any theory of liability shall be limited to the fees paid by Client under SA under which such liability arose and (ii.) neither party shall be liable for consequential, indirect, special or incidental damages, such as damages for lost profits, business failure or loss, arising out of the use of the services, whether or not such party has been advised of the possibility of such damages.
- Data Protection. Client shall ensure that any disclosure of personal data, whether in relation to Client’s employees or otherwise made to Finnovate by Client or on behalf is made with the data subject’s consent or is otherwise lawful. In so far as any disclosure relates to Client’s own employee or subcontractor, Client shall notify that employee or subcontractor that Finnovate and its affiliates may process that personal data: (a) in order to provide Client with the Services, and that Finnovate may disclose this data to third parties in so far as it is necessary to provide the Services; and (b) from time to time to inform Clients about other products or services which Finnovate believe may be of interest to Client, and that is any person does not wish to receive such information from Finnovate, then they should contact Finnovate.
(a) Assignability. Except for assignment to a parent, subsidiary, affiliate or successor entity by merger or acquisition neither party may assign this SA without the written consent of the other Party.
(b) Force Majeure. Except for payment obligations, non-performance by either party shall be excused to the extent that performance is rendered impossible by strikes, acts of God, governmental acts or restrictions, failure of suppliers, acts of war or terrorism, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party.
(c) Severability. To the extent necessary to render a provision valid and enforceable in that jurisdiction, a reviewing court may modify any provision of this SA that is finds to be invalid or unenforceable. The other provisions of this SA shall not be affected. Any unenforceability in a particular jurisdiction shall not affect enforceability in any other jurisdiction
(d) Use of Name, Trademark and Logo. Absent the prior written consent of the other party, neither party shall use the name, trademarks or logo of the other in promotional materials, publicity releases, advertising, or any other similar publications or communications.
(e) No Third Party Beneficiaries. This SA is for the benefit of the parties only. No third party shall have the right to (i) rely on the Services provided by Finnovate or (ii) seek to impose liability on Finnovate as a result of the Services.