By
using the web site http://data.isc.hbs.edu/isc/ (the "Web Site"), or
clicking the "I accept" button below, you are agreeing to comply
with and be legally bound by these Terms of Use. If any of these Terms of
Use are unacceptable to you, do not use the Web Site.
The
Web Site is maintained by the Institute for Strategy and Competitiveness (the
"Institute"), a part of President and Fellows of Harvard College
("Harvard"). As used in these Terms of Use, the terms
"we," "us" and "our" refer to both the Institute
and Harvard.
We
may change these Terms of Use at any time without advance notice.
Changes will be posted at the Web Site under "Terms of Use". Your
use of the Web Site after any changes have been posted will constitute your
agreement to the modified Terms of Use and all of the changes.
1.
Limited License. Subject to these Terms of Use, we grant you a
non-exclusive, non-transferable, limited license to access and use the
information, text, images, graphics, charts, data, and other content of the
Web Site (the "Content") for your personal, noncommercial use. You
may also incorporate a small portion of the Content in documents and other
works of authorship that are mainly the product of your own intellectual
effort, and may distribute and disseminate those documents and other works,
but only if neither you nor anyone else receives any payment or other value
that is primarily attributable to the Content. A "small portion" of
the Content means up to twenty charts (or the data from such charts). You must
credit the Institute as the source of the Content as follows: "Source:
Cluster Mapping Project, Institute for Strategy and Competitiveness, Harvard
Business School" and include a copyright notice as described in Section
4.
The
download feature, available to subscribers, is intended to aid the permitted
use of a small portion of the Content in your own works described above. You
may not download more than a cumulative ten percent of the Content without
written permission from the Institute. We reserve the right to monitor and
restrict use of the download feature.
Except
as expressly permitted above, you agree not to reproduce, modify, make
derivative works of, display, perform, post, transmit, sell, distribute or
otherwise use or make available any of the Content, without the prior written
consent of the Institute.
2.
Cluster Definitions. The statistically derived cluster definitions used
in creating the Content are proprietary to the Institute. You agree not to use
the Content to derive any of the definitions. Detailed cluster definitions can be
made available to scholars under certain conditions.
3.
Proprietary Rights; No Use of Name. You acknowledge that the Web Site
and the Content are the property of Harvard and are protected by copyright,
trademark and other intellectual property laws. You agree not to use the Web
Site or its Content for any unlawful or unauthorized purpose, or in any manner
that would harm the reputation of the Institute or Harvard. You agree not to
use any name, emblem, logo, or trademark of Harvard or any of its subdivisions
(including the Institute) in any manner, except in the form of attribution and
copyright notice required by these Terms of Use.
4.
Copyright Notice. On any print-out, download, or copy of the Content
you make that does not already include a copyright notice, you agree to
include a copyright notice as follows: "Copyright © 2005 President and
Fellows of Harvard College. All rights reserved."
5.
Subscriptions; Changes and Termination. Portions of the Content are
available only to subscribers. If you wish to access and use any such Content,
you must register as a subscriber and pay the annual subscription fee in
advance. We may change the subscription fee, the Web Site or the Content at
any time. We may terminate your use of the Web Site at any time. If you are a
subscriber and we terminate your use of the Web Site for any reason other than
your breach of these Terms of Use, we will refund a pro rata portion of your
subscription fee based on the remaining portion of your subscription term.
6.
Registration Information; Password. You represent that the information
you provide us in the registration process will be accurate and complete. You
may not permit anyone else to use your password.
7.
Disclaimer of Warranties. The
Web Site and Content are provided "as is." To the fullest extent
permitted by law we disclaim all warranties of any kind (express, implied or
otherwise) regarding the Web Site or the Content, including but not limited to
any implied warranties of merchantability, fitness for a particular purpose,
ownership, and non-infringement. We make no warranty about the accuracy,
reliability, completeness, timeliness, sufficiency or quality of the Web Site
or the Content.
8.
Limitations of Liability and Remedies. Your
use of the Web site and the Content is at your own sole risk. Our aggregate
liability to you for all claims of any kind (whether based on contract, tort,
including negligence, or any other grounds for liability) in connection with
the Web Site or the Content shall not exceed the amount, if any, of the
then-current subscription fee you paid us for use of the Web Site. If you are
a free user, we shall have no monetary liability to you. In no event shall we
be liable to you for any indirect, special, incidental, consequential,
punitive or other such damages in connection with the Web site or the Content
even if we are negligent or otherwise at fault, and regardless whether we are
advised of the possibility of such damages.
9.
Indemnity. You agree to indemnify and hold harmless the Institute
and Harvard from and against all claims, actions, suits, damages, liabilities,
and costs (including, without limitation, reasonable legal fees) resulting
from your breach of any prevision of these Terms of Use or your use of the Web
Site or the Content.
10.
Applicable Law and Jurisdiction. All matters arising from or relating
to the use and operation of the Web Site will be governed by the laws of the
Commonwealth of Massachusetts, without regard to its conflicts of laws
principles. You agree that all claims you may have arising from or relating to
the Terms of Use or the operation or use of the Web Site or the Content will
be heard and resolved exclusively in courts sitting in Suffolk or Middlesex
County, Massachusetts. You hereby consent to the personal jurisdiction of such
courts over you.
11.
General. If any provision of these Terms of Use is held to be invalid
or unenforceable, that provision, to the extent unenforceable, shall be
struck, and shall not affect the validity or enforceability of the remaining
provisions. These Terms of Use set forth the entire understanding and
agreement between us with respect to the subject matter hereof.
Last
updated: December 6, 2002.
