ICG Consulting, Inc, a corporation validly established and existing under the laws of the British Virgin Islands, having its registered office at Mill Mall Tower, 2nd Floor, Wickhams Cay 1, P.O.Box 4406, Road Town, Tortola, British Virgin Islands ("Company") develops information products ("Products") and provides such Products in digital format. You ("you" or "Customer") can purchase Products in Emerging Markets Information Store ("Store"), available in www.emergingmarketsreports.com
The use of Products purchased in the Store is available under conditions of this Information Product License Agreement ("Product License Agreement").
Note, that this is a license agreement and not an agreement for sale. Your use of Products is conditional upon your acceptance of the terms and conditions below. If you do not accept these conditions you can't purchase and/or open any Product developed and/or provided by Company.
IF YOU PURCHASE AND/OR OPEN ANY PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS LICENSE AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. Product Limited License. As an end user of Products you are granted a non-exclusive, non-transferable, limited license to access and use purchased Products in accordance with this Product License Agreement. You may use purchased Products on a computer system for your own internal use and may make only one copy of every Product for archival purposes, provided that said archive copy will be used solely for backup purposes and will contain all copyright and proprietary notices resident in Products. You specifically may a) view Products, b) search data in Products, and c) print up to five (5) hard copies of every Product. Customer may not photocopy printouts (hard copies) of Products.
2. Limitations on Use. The Products are for your personal use only and not for commercial exploitation. You can't sell, rent, lease, sublicense, lend, assign, or transfer, in whole or in part, or provide unlicensed third parties access to Products. No part of any Product may be modified, copied, distributed, or made available in any media, including, without limitation, hardcopy and machine-readable form, in any manner now known or to become known, and in any format necessary including, but not limited to Internet, portable digital storage devices, client-server computer networking environments, and paper printouts, with or without charge, for commercial, non-profit or public purposes, to any persons other than you, your employees or your patrons without prior written consent from Company. All rights not expressly granted are reserved by Company. Any other use of Products by any person or entity is strictly prohibited and a violation of this Agreement. In addition, data extracted from Products is to be used only in accordance with the terms of this Agreement. Products are only for data-finding purposes and can’t be considered as the source of legally-proved data that can be used in courts or any other official bodies. Information containing in Products cannot be used as proof for any legal affairs in the courts and arbitrages worldwide. Company is not responsible for any cases of use of Products in legal affairs, including cases when the data published in Products can be claimed by court(s) as "irrelevant".
3. Access to Products. You may use or provide access to purchased Products only for your employees or patrons. You may use or provide access to Products on only one computer at a time - Customers are permitted to access Products from a different computer.
4. Restrictions on Transfer. This License is non-transferable and may not be sold, assigned, transferred or sublicensed to any other person or entity, including without limitation by operation of law, without the prior written consent of Company. Any purported sale, assignment, transfer or sublicense without the prior written consent of Company will be void and will automatically terminate the license granted hereunder.
5. Intellectual Property Rights. Any and all information contained in Products including, but not limited to, text, images, moving pictures, still pictures and sounds, is the sole property of Company, or is used by Company with the permission of the owner. Full worldwide rights are reserved. You agree that Products are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. If you purchase any Product you give us right to indicate your name as our customer in Company's websites and in any other public materials provided with Company.
6. Errors and Corrections. Company does not represent or warrant that purchased Products will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible.
7. Limited Warranty. Company warrants that inaccessible Products (i.e. Products that can't be opened with Adobe Acrobat Reader 3.0 or later or with MapInfo 6.0 or later) will be replaced with accessible copies within sixty (60) days after the date of delivery.
8. DISCLAIMER. REPORTS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES THAT PRODUCTS MAY CONTAIN SOME NONCONFORMITIES, DEFECTS, OR ERRORS. COMPANY DOES NOT WARRANT THAT PRODUCTS WILL MEET THE NEEDS OR EXPECTATIONS OF CUSTOMER, THAT THE USE OF THE PRODUCTS WILL BE UNINTERRUPTED, OR THAT ALL DEFECTS, ERRORS OR NONCONFORMITIES CAN OR WILL BE CORRECTED.
9. LIMITATION OF LIABILITY. COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF PRODUCTS OR THEIR CONTENT. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE PRODUCTS OR THEIR CONTENT. COMPANY'S LIABILITY TO CUSTOMER SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE PARTICULAR PRODUCT.
10. Unlawful Activity. Company reserves the right to investigate complaints or reported violations of this License Agreement and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
11. Governing Law, Jurisdiction and Disputes. This License Agreement is governed by and construed in accordance with the laws of the British Virgin Islands and any dispute arising out of or in connection with these terms shall be referred to and finally resolved by arbitration under the LCIA (London Court of International Arbitration) Rules, which Rules are deemed to be incorporated by reference into this clause and you hereby consent and submit to the personal jurisdiction of the LCIA for the purpose of litigating any such action. If any provision(s) of this License Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
12. Modifications to License Agreement. Company reserves the right to change this License Agreement at any time. Updated versions of the License Agreement will appear on Store website and are effective immediately. Use of the Products purchased before the License Agreement update continues under the terms that were valid before such update.
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