Terms of Use

Enterprise Data Center Operators, Inc.
New Technology Reports License Agreement

 

Part 2-2

Enterprise Data Center Operators, Inc.

New Technology Reports License Agreement

THIS LICENSE AGREEMENT ("AGREEMENT") IS AN AGREEMENT BETWEEN YOU AND ENTERPRISE DATA CENTER OPERATORS, INC. ("EDCO") REGARDING EDCO’S NEW TECHNOLOGY REPORTS AND OTHER PUBLICATIONS (COLLECTIVELY, THE "MATERIALS").

​​PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CLICKING THE CHECKBOX INDICATING YOUR COMPLIANCE WITH THE TERMS OF LICENSE PURCHASE OR OTHERWISE CONTINUING WITH YOUR LICENSE PURCHASE, OR DOWNLOADING, COPYING, ACCESSING OR USING THE MATERIALS. BY INDICATING YOUR COMPLIANCE WITH THE TERMS OF SALE YOU ARE STATING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE, YOU MUST STOP THE PURCHASE PROCESS, DELETE ANY COPIES OF THE MATERIALS YOU MAY RECEIVE, HAVE IN YOUR POSSESSION OR CONTROL, AND YOU MAY NOT CONTINUE TO DOWNLOAD, COPY, ACCESS OR USE THE MATERIALS.

1.           Grant of License. Expressly subject to your payment of the applicable fees and subject to all of the terms and conditions of this Agreement, EDCO grants you a nonexclusive, personal and nontransferable, revocable license to access and use articles or elements of the Materials for your own individual use, including use on  behalf of your employer (e.g., in preparing analyses); and (b) with appropriate credit to EDCO, publish figures, tables and brief excerpts from the Materials in works intended for publication and distribution, whether internal or external to your employer. Your license under the foregoing sentence includes the right to make reasonable numbers of copies of the Materials for backup purposes, to allow you to access to the Materials on multiple devices you own or control, and the right to print the reports for your individual use, but expressly excludes any right to distribute any elements of the Materials to others even within any organization of which you are a member or by which you are employed.  You must reproduce on all copies you make of the Materials the EDCO copyright notice and any other proprietary legends that are on the original copy of the Materials.

 

2.           Restrictions. You agree that, except as expressly permitted by applicable legislation or this Agreement, you are not permitted to, and will not modify or create a derivative work of all or any part of the Materials.  You may not rent, lease, loan or distribute the Materials, nor use the Materials to infringe any intellectual property rights of others. You may not remove, circumvent, disable or otherwise interfere with security-related or limiting features of the Materials (including any watermarks), nor may you modify or delete the copyright and other proprietary rights notices on or in the Materials.

 

3.           Ownership.  The Materials are licensed, not sold, to you for use only under the terms of this Agreement, and EDCO reserves all rights not expressly granted to you in this Agreement. The Materials are protected by United States copyright law and international treaty. Unauthorized reproduction or distribution is subject to civil and criminal penalties. EDCO and its third party licensors (if applicable) retain title to the Materials, and all intellectual property rights therein.  All trademarks and logos are owned by EDCO or its licensors and you may not copy or use them in any manner.

 

4.           Termination.  This Agreement is effective until terminated. You may terminate this Agreement any time by destroying all copies of the Materials in your possession or control. This Agreement will terminate immediately without notice from EDCO if you fail to comply with any provision of this Agreement. Upon termination you must destroy all copies of the Materials in your possession or control.

 

5.           Disclaimer of Warranty. THE MATERIALS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND FROM EDCO. EDCO EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MATERIALS. EXCEPT WITH RESPECT TO DAMAGES RESULTING FROM THE UNAUTHORIZED USE OF THE MATERIALS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY NATURE CAUSED TO ANY PERSON AS A RESULT OF THE USE OF THE MATERIALS.  IN NO EVENT SHALL EDCO’S LIABILITY UNDER THIS AGREEMENT EXCEED THE PAID BY YOU FOR THE SPECIFIC LICENSE OF THE MATERIALS TO WHICH THE LIABILITY IS RELATED. TO THE EXTENT THE LAWS OF YOUR JURISDICTION DO NOT PERMIT SUCH A LIMITATION OF LIABILITY WITH RESPECT TO THE MATERIALS, YOU AGREE THAT EDCO DISCLAIMS ALL LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

6.           Basis of the Bargain. The disclaimers of warranty and limitation of liability set forth above are fundamental elements of the basis of the bargain between you and EDCO, and you acknowledge and agree that EDCO would not provide the Materials to you without these limitations.

 

7.           Controlling Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California, except for its conflict of laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.  Venue for any action hereunder shall lie exclusively in the state and federal courts located in Monterey County, California, USA and you hereby consent and submit to the personal jurisdiction of such courts.

 

8.         Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Materials and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by an authorized officer of EDCO. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

If you have any questions concerning this Agreement, you may contact EDCO by emailing to: info@e-dco.com

For Questions: Contact us at info@e-dco.com