Legal Information

1. General Rules And Definitions

1.1 If you choose to use the marketsight.com Web site (the "Site"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and marketsight.com, an Internet service of MarketSight LLC. These rules and definitions are subject to change, and may be changed without prior notification or notice.

1.2 YOUR CONTINUED USE OF THE SITE NOW WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.

1.3 marketsight.com may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or content. marketsight.com may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

2. marketsight.com Content
 

2.1 The contents of the Site are intended for your personal, noncommercial use. All materials published on marketsight.com (including, but not limited to brochures, case studies, white papers, news articles, photographs, images, illustrations, animated content, demos, flash video clips, audio clips and video clips, also known as the "Content") are protected by copyright, trademarks, trade secrets, patents or other proprietary rights and protected in all forms, media and technologies now or hereinafter developed. The Content is owned or controlled by and shall remain the property of MarketSight LLC, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Site.

2.2 The Site and its Contents are protected by copyright pursuant to US and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display or in any way exploit any of the Content or the Site (including software) in whole or in part unless otherwise noted.

2.3 You may download or copy the Content and other downloadable items displayed on the Site for personal, informational, non-commercial use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from marketsight.com, or the copyright holder identified in the copyright notice contained in the Content.

2.4 You, not MarketSight LLC, marketsight.com, or the party credited as the provider of the content, are liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm arising from your failure to abide by the provisions of this Section 2.

3. Access And Availability Of Site And Links
 

3.1 marketsight.com contains links to other related World Wide Web Internet sites and resources. Our decision to link to another website is not an endorsement of the content in that linked website. We are not responsible for the availability of the outside resources or content of any other website, nor do we make any warranties or representations regarding the content or accuracy of material on such websites. If you decide to access linked websites, you do so at your own risk. You should direct any concerns to the administrator or webmaster of that website.

4. Representations And Warranties By You
 

4.1 You represent, warrant and covenant (a) that no materials of any kind submitted by you will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen (18) years old. You hereby indemnify, defend and hold harmless MarketSight LLC and marketsight.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. MarketSight LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5. Limitation Of Liability And Disclaimer Of Warranty
 

5.1 NEITHER MarketSight LLC NOR marketsight.com NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY CONTRIBUTOR (COLLECTIVELY THE "COMPANY PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OF THE CONTENT, NOR ITS FITNESS FOR ANY PURPOSE. NONE OF THE COMPANY PARTIES WILL BE LIABLE FOR ANY LOSS, DAMAGE, INJURY OR WRONGFUL DEATH CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, INSTRUCTION, OPINION OR ADVICE CONTAINED IN THE CONTENT. THE SITE IS BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE COMPANY PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. NONE OF THE COMPANY PARTIES MAKE ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. ALL OF THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE, INSTRUCTION OR INFORMATION GIVEN BY ANY OF THE COMPANY PARTIES SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON SUCH INFORMATION, INSTRUCTION OR ADVICE. IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT OR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE COMPANY PARTIES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

6. Communications Between marketsight.com And Subscribers

6.1 If you have registered for our marketsight.com mailing list, MarketSight LLC reserves the right to send electronic mail to you for the purpose of informing you about upcoming events, industry news, and MarketSight product information. Please see the marketsight.com privacy policy for more information on what information we capture and store, and how we will communicate with you.

6.2 You may unsubscribe from our marketsight.com mailing list at any time by sending an e-mail to: unsubscribe@marketsight.com. Upon receipt of your e-mail, your subscription to the marketsight.com mailing list will be terminated within 2 business days.

7. Software Licenses
 

7.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site. You may not sublicense, assign or transfer any licenses granted by MarketSight LLC, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer or create derivative works from MarketSight LLC.

8. Termination
 

8.1 MarketSight LLC may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach or assignment of this Agreement.

9. Copyright / Trademark Information
 

9.1 Copyright© 2006 MarketSight LLC, a Delaware limited liability company. All Rights Reserved.

9.2 MarketSight is a registered trademark of MarketSight LLC, a Delaware limited liability company. Other names appearing on the Site may be trademarks of their respective owners.

10. Miscellaneous
 

10.1 This Agreement has been made in and shall be construed and enforced in accordance with Massachusetts law. Any action to enforce this agreement shall be brought in the federal or state courts located in the Commonwealth of Massachusetts.

10.2 Notwithstanding any of the foregoing, nothing in this Usage Agreement will serve to preempt the promises made in the privacy statement of marketsight.com.

10.3 Official correspondence must be sent via postal mail to:

MarketSight LLC
Two Canal Park
Cambridge , MA 02141

10.4 You agree to report any copyright violations of this agreement to MarketSight LLC as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Site, please notify:

MarketSight LLC
Two Canal Park
Cambridge , MA 02141 ; 617-582-3800

e-mail: info@marketsight.com

(Please direct all general questions to info@marketsight.com