()
SiriusDecisions Marketplace

TERMS OF USE

SIRIUSDECISIONS PROVIDES THE SIRIUSDECISIONS MARKETPLACE WEBSITE FOR YOUR USE, SUBJECT TO THE FOLLOWING TERMS OF USE, WHICH MAY BE UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. BY ACCESSING THE SIRIUSDECISIONS MARKETPLACE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THESE TERMS OF USE.

Changed Terms.

SiriusDecisions may change or discontinue any aspect of its Marketplace website at any time, including its content or features. SiriusDecisions reserves the right to change the terms and conditions applicable to use of the Marketplace website. Such changes shall be effective immediately upon posting at the Terms of Use link on the Marketplace website. Use of the Marketplace website thereafter shall be deemed to be acceptance by User of such changes.

Term.

SiriusDecisions may terminate User's right to access the Marketplace website at any time for any reason. The provisions regarding Disclaimer of Warranties, Accuracy of Information, Indemnification, and Third Party Rights shall survive.

Copyright, Trademark, and Access.

The Marketplace website and its contents are the property of SiriusDecisions and are protected by U.S. and international copyright law and conventions. SiriusDecisions and SiriusDecisions Marketplace, are, among others, federally registered and/or common law trademarks and service marks of SiriusDecisions. User acknowledges that access to the Marketplace website is limited by the terms set forth herein. The granting of access to and use of the Marketplace website is conditioned on User's agreement not to disclose, copy, disseminate, redistribute, or publish any portion of or excerpts from the Marketplace website to any other party, except to the limited extent permitted below.

Access And Usage Policy

User shall have the right to use the Marketplace website and the information contained therein solely for its own internal information purposes. Except as specifically provided below in connection with the Market Landscapes and Blog postings, User is prohibited from any and all copying, dissemination, redistribution, or publication of any portion of or excerpts from the Marketplace website, in any form or manner.

SiriusDecisions Market Landscapes

Except as noted below, User may make use of the Market Landscapes created in the “Grid View” on the Marketplace website (whether rendered as a web page or a PDF) provided attribution is provided to SiriusDecisions as follows:

“Market Landscape created by SiriusDecisions, Inc. and obtained from SiriusDecisions’ Marketplace website, http://marketplace.siriusdecisions.com.”

The URL provided with the attribution must be a live URL linking to the Marketplace website.

Prior permission to use any Market Landscape is required for the following purposes:

  • Any use of a Market Landscape in connection with a Vendor endorsement or recommendation.
  • Any use of a Market landscape as part of or in connection with a commercial product or service (i.e., a product or service sold for profit or any material associated with a product or service sold for profit).

Requests for permission must be submitted via email to [email protected] and must be accompanied by a complete description or example of the intended use of the Market Landscape.

User may not alter any of the Market Landscape graphics or text. SiriusDecisions reserves the right to demand removal of a Market Landscape from any published user material, and any and all use of a specific Market Landscape must cease immediately upon receipt of such a request. Absent immediate compliance with such a request, such continued usage of the specific Market Landscape shall be deemed to comprise intentional copyright infringement.

SiriusDecisions Marketplace Blog Pages

Comments or opinions expressed on the Blog section of the SiriusDecisions Marketplace website may be copied and redistributed on other weblogs, or otherwise used for private, non-commercial or journalistic purposes. No other use is permitted. Attribution must be provided to SiriusDecisions in connection with any usage of the information obtained from the blog pages, as follows:

Data or information obtained from SiriusDecisions’ Marketplace website, http://marketplace.siriusdecisions.com.”

The URL provided with the attribution must be a live URL linking to the Marketplace website.

User is prohibited from employing any type of automated data harvesting or data scraping techniques with respect to the blog data.

SiriusDecisions makes no representation as to the accuracy of third party data presented on the Blog pages of the Marketplace website. However, SiriusDecisions has taken reasonable steps to ensure the accuracy of the Blog data provided by SiriusDecisions.

Submitted Data

The Marketplace website permits a User to suggest changes to Vendor information and to propose additional Vendors for inclusion in certain categories, as well as to submit Blog posts and comments. User acknowledges that any data submitted via the Marketplace website is submitted with an implied license of re-use and publication by SiriusDecisions. User represents that any such information is accurate to the best of their knowledge.

Policy Regarding Copies of Published Research in its Entirety

Use of any SiriusDecisions research accessed via the Marketplace website is subject to the Terms of Use set forth at SiriusDecisions main website, www.siriusdecisions.com, which are incorporated herein and made a part hereof by reference. SiriusDecisions does not permit the following uses of its research without prior written permission:

  • Scanning, or otherwise importing research publications into an electronic storage/retrieval system.
  • Broad distribution of research publications to other units of the organization through electronic data transmission systems such as e-mail without the purchase of reprints.
  • Distribution of research publications to external organizations via hard copy or electronically such as via e-mail without the purchase of reprints.
  • Distributing copies of research publications to customers or prospective customers by company salespeople without the purchase of reprints.
  • Posting complete research documents on an Internet or Intranet site without the purchase of reprints.
  • Use of any SiriusDecisions research or excerpts from the Marketplace for commercial gain.
  • Posting partial sections of research documents on an Internet or Intranet site without approval.
  • Placing SiriusDecisions research content on a Web site other than one belonging to SiriusDecisions. SiriusDecisions research content must always reside on our Web site, with the exception of purchased PDF reprints.

Changes to Policy:

SiriusDecisions, Inc. reserves the right to change its policies or explanations of its policies at any time, without notice. These explanations and policies are for general information purposes only and do not constitute a waiver with respect to any of SiriusDecisions’ rights, all of which are specifically reserved.

Basics of Copyright Law

Copyrights protect original works of authorship. The types of works covered by copyright vary widely, from literary works such as books, poems, technical manuals, or software code, to audiovisual works, musical works or works of fine art. Only the copyright owner of a work, or someone who has the copyright owner’s permission, may (1) make copies of the work; (2) create adaptations (“derivative works”) based on the work; (3) distribute copies of the work; (4) perform the work publicly; or (5) display the work publicly. These are referred to as the “exclusive rights” of a copyright owner.

Copyright protection attaches to a newly created work as soon as it is “fixed in a tangible medium of expression”. For example, spoken works alone, such as a speech delivered extemporaneously that is not written down, would not be protected by copyright because it is not “fixed in a tangible medium.” Works do not have to be registered with the U.S. Copyright Office, and do not have to display a copyright notice, in order to enjoy copyright protection.

The United States and most of the industrialized world are parties to the Berne Copyright Convention, which means that each member country will respect and enforce the copyrights that originate in other member states.

Virtually all of SiriusDecisions’ website content, informational materials and published research is protected by copyright, whether in printed or electronic form.

To the extent User is permitted to reproduce any SiriusDecisions’ content under these Terms of Use, User agrees to maintain all copyright, trademark and other notices set forth on or in such content.

User agrees that it shall not use SiriusDecisions’ name or any excerpts from the Marketplace website in the promotion of its products or services.

Disclaimer of Warranties.

SiriusDecisions does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the information and research provided on or available via the Marketplace website. Although SiriusDecisions takes reasonable steps to screen content for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties before making the content available, SiriusDecisions cannot guarantee that any content will be free of infection.

Accuracy of Information.

The information contained in the Marketplace website has been obtained from sources believed to be reliable. SiriusDecisions disclaims all warranties as to the accuracy, completeness or adequacy of such information. The reader assumes sole responsibility for the selection and usage of the content and any information set forth therein to achieve its intended results. The opinions expressed in the content are subject to change without notice.

Limitation of Liability.

In no event will SiriusDecisions be liable for:

  • Damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use SiriusDecisions’ website, or any information provided on the website, or in the research available via the website.
  • Any claim attributable to errors, omissions or other inaccuracies in the website content or interpretations thereof.

Links.

This website may contain links to other websites, which are provided as resources for the convenience of users. Because SiriusDecisions is not responsible for maintaining these websites, please direct your concerns about any of the linked websites to that website's administrator.

Indemnification.

User agrees to indemnify, defend and hold harmless SiriusDecisions, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of the use of the website content by User or User's account.

Third Party Rights.

The provisions regarding Disclaimer of Warranty, Limitation of Liability and Indemnification are for the benefit of SiriusDecisions, and its licensors, employees and agents. Each shall have the right to assert and enforce those provisions against a User.

General Provisions.

Any provision in any memorandum received by SiriusDecisions in connection with the website which is inconsistent with, or adds to, the provisions of this Agreement is void. Neither the parties' course of conduct or trade practice will modify the terms of this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect.

Governing Law.

This Agreement and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of Connecticut, without regard to its conflicts of law principles. User consents to the jurisdiction of the courts of the state of Connecticut.

Privacy Statement.

A customer's right to privacy is of paramount importance to SiriusDecisions. In this Privacy Statement (“Statement”), we describe how we collect, use, and disclose information that we obtain about visitors to our website http://marketplace.siriusdecisions.com (the “Site”) and the services available through our Site (collectively, the “Services”).

By visiting the Site or using any of our Services, you agree that your personal information will be handled as described in this Statement and in our Privacy Policy (https://www.siriusdecisions.com/Misc/Privacy.aspx).

When you submit information (Vendor information, blog information, or comments) to the Marketplace website via a comment or edit box, SiriusDecisions may ask you to provide your name, organization, email address, and /or other information. We may use that information to provide you a more personalized online experience, as well as to keep track of what topics are of interest to our readers. Your specific information will not be shared with any third party. However, SiriusDecisions may obtain information from your actions on our website and use this information in connection with future offerings, including but not limited to providing more personalized online experiences for you and similarly situated users, determining current User trends, determining popular technology and service offerings, and similar uses, including publishing material or statistics relating to User conduct with regard to various portions of the Marketplace website and information or Vendors discussed therein.