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Terms of Use

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TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Evalubase Research, Inc. ("Evalubase") requires that all visitors to its World Wide Web site ("Evalubase Site") adhere to the following terms of service. By accessing and using the Evalubase Site, you indicate your acknowledgment and acceptance of these terms of service. If you do not agree with these terms of service, you should not use the Evalubase Site.

Restrictions on Use

All the materials, graphics, sounds and other components on this site are copyrighted unless otherwise noted. Any unauthorized use of materials on this site may violate copyright, trademark and other laws and intellectual property rights of Evalubase. Materials from this site may not be copied, extracted, distributed, decompiled or used for generating derivative information in a manner violating Evalubase's published Citation Policy, without the prior written consent of Evalubase. The materials in this site are provided for lawful purposes only. Any and all information you download information from this site are deemed to be licensed to you by Evalubase. Neither title nor intellectual property rights are transferred to you, but remain with Evalubase, who owns full and complete title and all copyright rights in the information.

You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the information or Evalubase Website software to a human or machine perceivable form. Nor, may you access the Evalubase site for the purpose of determining its business methods, processes, or the identities of any users, contributors or their employers.

Restriction of Liability

You agree to indemnify and hold Evalubase harmless any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your or any other party's use (or inability to use) the services offered by Evalubase.

EVALUBASE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. EVALUBASE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF EVALUBASE OR AN AUTHORIZED EVALUBASE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. EVALUBASE'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to Evalubase through this site (together, the "Submission") will forever be the property of Evalubase. Without limitation, Evalubase will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature, and thereby has the right to review and edit submissions. Evalubase will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission, unless previously agreed to.

Submissions must be accurate to the best of your knowledge. If Evalubase determines that you have falsified any information in any Submission, your ability to access the site and the ability of other individuals in your organization to access the site may be restricted or terminated without warning or refund, and you may be held responsible for any loss incurred by Evalubase due to this falsified information.

Personally identifiable information that may be received in any form or manner by Evalubase is provided voluntarily by a visitor to this site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not Evalubase, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or agreement.

Disclaimer

Certain services on the Evalubase Website may include materials and information from third parties, and you acknowledge and agree that Evalubase has minimal control over such information. The materials in this site could include technical inaccuracies or typographical errors. Also, Evalubase may make changes or improvements to this site at any time. Accordingly, Evalubase cannot guarantee, represent or warrant that the content contained in the Evalubase Site is accurate, appropriate, consistent, and/or inoffensive.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. EVALUBASE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVALUBASE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVERS THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVALUBASE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. EVALUBASE MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THIS SITE.

Termination

Evalubase or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from this site and all related documentation and all copies and installations. Evalubase may terminate this agreement immediately without notice or refund if, in its sole judgment, you breach any of these terms or conditions or falsify either your identity (through registration, submission or logon) or the information you submit. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of this agreement without the written approval of Evalubase.

Linked Sites

This site may include links to other sites which are not maintained by Evalubase. Evalubase is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by Evalubase of the sites or any products or services referred to therein. Evalubase may terminate a link at any time. The terms of service and privacy policies applicable to such sites may be different from those applicable to this site. If you decide to access any third party site linked to this site, you do so entirely at your own risk and Evalubase shall have no liability for any loss or damage arising from your use of any such site.

Linking and Logo Policy

By linking to any page on this site, you hereby agreed to be bound by the terms and conditions as set forth below.

Except as provided below, Evalubase prohibits caching, use or posting of unauthorized hypertext links to this site and the framing of any content available through this site. Unless specifically authorized to do so, you may link to this site only via the home page (i.e., www.evalubase.com ) or a designated gateway page. A gateway page is any page that is the first and primary page that serves as a starting point to a significant body of content.

Links can be by text only and may only read "Evalubase" or "Evalubase Research". Images of the Evalubase logo for link purposes can only be made with the express written permission of Evalubase.

By linking, you acknowledge and agree that, other than as set forth herein, all rights to the Evalubase trademarks or service marks used on this site, the content appearing on this site and the design of this site belong to Evalubase.

You must not misrepresent your relationship with Evalubase or present false or misleading impressions about Evalubase. No links to an Evalubase Site may be used in a manner that implies or suggests that Evalubase approves or endorses you, your website or your goods and services (in all cases, except as Evalubase may have agreed separately with you in writing).

Evalubase shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend Evalubase against all claims arising out of or based upon your website.

No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Evalubase reserves the right at any time and in its sole discretion to request and require that you remove all links or any particular link to an Evalubase Site from your website.

Subject to your compliance with the above terms, Evalubase agrees to grant you a limited, non-exclusive, non-transferable, royalty-free license to use the "Evalubase" name solely for the purpose of establishing any permitted link hereunder. Except for the limited license to use the "Evalubase" name as set forth in this paragraph and otherwise as may be permitted by applicable law, you may not use any of Evalubase's trademarks or service marks for any other reason without the express written permission of Evalubase. Evalubase may at any time, in its sole discretion, without cause, terminate the license granted herein to use the "Evalubase" name and your right to link to any pages on an Evalubase Site. In such event upon request, you agree to immediately remove all links to the relevant Evalubase Site and to cease using the "Evalubase" name for linking purposes. Thereafter, any future links to an Evalubase Site will require the express written permission of Evalubase. Evalubase reserves the right to amend these linking terms and conditions at any time. By continuing to link to an Evalubase Site, you agree to be bound to and abide by these linking terms and conditions, as well as other legal terms of use and conditions on the Evalubase Site, as amended from time to time.

Miscellaneous

These Terms of Service will be governed and be interpreted pursuant to the laws of the State of California and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Service is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Evalubase can revise these Terms of Service at any time by updating this posting.

Trademark and Service Mark Information

The attached list of trademarks and/or service marks (collectively, "Marks"), some or all of which are used on the Evalubase site, are trademarks or registered Marks owned by Evalubase Research, Inc. All other trademarks are the property of their respective owners. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web, without the written permission of Evalubase.

Evalubase
Evalubase Research
Evalubase Research, Inc.
Evalubrief
IT Portfolio Scorecard
Collaborative Research Engine
Telling IT like it is
A bigger big picture. More detailed details. Today's insights today.
You've got hard decisions. We've got hard data.

PRIVACY POLICY

Our Commitment to Privacy

Your privacy is of critical important to us. We hope the following statement will help you understand how Evalubase collects, uses and safeguards personal information provided to us on our website.

The Information We Collect and How We Use It

We are committed to protecting the privacy of visitors to this site. Accordingly, at this site, we do not collect personally identifying information from users unless they provide it to us voluntarily and knowingly.

When you visit our site, your browser automatically sends us an IP (Internet Protocol) address and certain other information, including the type of browser you use. We may use this IP address and other information to give you access to the site and otherwise administer the site. In certain parts of the site, we may ask you to provide us with your name, title, street address, company, telephone and fax numbers and certain other personal information so that we can provide you with information you request. You are under no obligation to provide us with this information but, without it, we cannot provide you the information you request.

The site also may include certain features that allow you to communicate with us by electronic mail or otherwise. If an electronic mail feature is provided and you choose to use it, you will provide us with your e-mail address and some or all of the information described above. We do not solicit any other personally identifying information, so you are responsible if you choose to use these communication features to provide additional personally identifying information to us. When you provide any personally identifying information to us, you communicate that you are knowingly and voluntarily providing us the information.

We try to make sure that the personally identifying information you provide us remains private. We will not sell, rent, trade or otherwise disclose the personally identifying information you provide to anyone outside of Evalubase Research, Inc., its parent, subsidiaries and affiliated companies, and our respective contractors providing services to us (but in that case, information is disclosed only for purposes of providing those services) unless we are required by law or have a good faith basis that you are in violation of the terms of service of our site or federal, state or local laws. We will use the personally identifying information to respond to your requests.

When you use the site, you consent to the transmission of your personally identifying information to us and to its use as described herein. We will not use or share the personally identifiable information provided to us via this site in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

We may release information when we believe release is appropriate to comply with law or to protect our rights.

In the event that Evalubase Research, Inc. or substantially all of its assets were sold or otherwise transferred or acquired, various forms of information may be included among the transferred assets.

Cookies and Usage Information

Like many companies, we use "cookie" technology on our site. These cookies may tell us whether you have visited our site before or are a new visitor and what material on our site you have viewed. The cookies we use do not collect any personally identifying information about you or provide us with any way to contact you, and the cookies do not extract any information from your computer. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

You should also be aware that we collect certain usage information about our site, such as the number and frequency of visitors to certain parts of the site. We may use this information for research or to improve our site. This data is used only in the aggregate and does not include any personally identifying information.

Children's Privacy

We do not intentionally collect information at our website from those we actually know to be under 13, and no part of our website is structured to attract anyone under 13.

Conditions of Use and Changes to This Policy

If you choose to visit our website, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Service, including limitations on damages and application of the laws of the state of California. If you have any concern about privacy at Evalubase, please send a thorough description to Evalubase General Counsel at our main address.

We reserve the right to update and make changes to this Privacy Policy and the Terms of Service and to materially change our practices in handling information, including personally identifiable information. If we do make such changes, we will post notice of those changes either at this location on our website or elsewhere on the website in a prominent location. Our use of information that we gather now is subject to the Privacy Policy in effect at the time of use.

Any questions?

If you have questions about this Privacy Policy, please call Evalubase General Counsel at our main number or email us at info@evalubase.com.

CITATION POLICY

Evalubase welcomes the appropriate and legal use of our content for commercial or private use that does not compromise Evalubase's strict objectivity, does not violate our Terms of Use, and adheres to the following strictly enforced conditions:

Citation Conventions

for charts or data: "Source: Evalubase Research."

for text: "according to Evalubase Research." or
"according to Evalubase Research, an IT market intelligence firm."

for attributed text: "according to [author], market analyst [or other], Evalubase Research."

Members of the Press

Members of the press may contact us to request subscriber-level credentials to access the full depth and breadth of our research content. Abuse of this privilege, in that it diminishes Evalubase's viability may cause Evalubase to revoke or restrict this privilege. Thank you for your understanding.

Members of the press may cite an exact copy of a chart or a portion of text less than a paragraph long from Evalubase.

Requests to paraphrase text, condense charts, or refer to single data points will be handled on an individual basis and must be requested in writing.

Commercial Use (e.g. marketing, PR, proposals)

Organizations that subscribe to Evalubase may cite Evalubase content without written permission.

Organizations that do not subscribe to Evalubase MAY NOT cite Evalubase content other than that which Evalubase has made available publicly.

Citations must include Evalubase written content verbatim (without editing or paraphrasing) not to exceed one paragraph, without permission, in accordance with the Citing Conventions above.

Requests to paraphrase text, condense charts, or refer to single data points will be handled on an individual basis and must be requested and approved in writing.

To ensure their own credibility and the integrity of Evalubase, organizations are strongly encouraged to reference recent research content and date (e.g. month-year or quarter-year).

Non-Commercial Use (e.g. internal projects, vendor/customer negotiation, planning, budgeting)

Organizations are free to leverage subscribed-to or publicly available Evalubase content for their own specific internal purposes. However, the non-specific (i.e. without particular business purpose) internal distribution of subscriber-level Evalubase content is not allowed and may be in direct violation of your subscription agreement with Evalubase.

Requests to allow the one-time external distribution of Evalubase subscriber-level content (e.g. to affiliate organizations) must be in writing, approved by Evalubase in writing, and adhere to the Citation Conventions above.

Evalubase respectfully requests that internal citations adhere to the aforementioned Citation Conventions.

If you have any questions on this policy, specific citation requests or are unsure whether your intended use of Evalubase content is consistent with our policies, please contact us.

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