Terms and Conditions

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1. License Terms & Conditions

The license terms and conditions stated herein (the "License Terms" hereafter) facilitates the use of product(s)/service(s) ("report") offered by "Daniel Associates ("DA") in any form and is applicable to all orders (an "Order"). By placing the order, an individual ("you") on his/her own or on behalf of the 'organization', agrees to the license terms. The license terms shall be binding upon acceptance and delivery of research products (includes research reports, survey data, company profiles, custom research services and any other product created and owned by DA) or consulting assignments by DA and any of its authorized distributors.

License Options :

  • Single User License :

    With "Single-User" license, DA shall grant you one non-exclusive, non-transferable machine readable license to use the report either electronically or online. The right to store, display, use, or stockpiling of the report should be confined only to one authorized computer. User will have authorization to print one duplicate of the report for individual use, yet may not be replicated for circulation. Albeit the abovementioned, you shall NOT be permitted to:

    • transmit or permit by any means to any third party to use and/or gain access to the report;
    • resell, sub-license, rent, lease, transfer or attempt to assign the rights in the report (in whole or in part) to any party NOT authorized by DA;
    • modify, alter, create database, reproduce, transmit, display, copy, distribute, commercially exploit, use or store the content from the report other than for internal business purposes; expressly permitted above; and
    • use the report in any comportment that would breach the terms and conditions contained in these License Terms or that would disregard laws in India, or in any other jurisdiction.
  • Multi-User License :

    With "Multi User License", DA shall grant you up to Five non-exclusive, non-transferable machine readable licenses to use the report either electronically or online. The right to store, transfer, display, use, or stockpiling of the report should be confined only to FIVE authorized users. User will have authorization to print additional duplicate paper copies of the report for the employees of his/her company ("Personnel"). Albeit the abovementioned, you shall NOT be permitted to:

    • transmit or permit by any means to any third party (i.e. non-personnel) to use and/or gain access to the report;
    • resell, sub-license, rent, lease, transfer or attempt to assign the rights in the report (in whole or in part) to any party NOT authorized by DA;
    • modify, alter, create database, reproduce, transmit, display, copy, distribute, commercially exploit, use or store the content from the report other than for internal business purposes; expressly permitted above; and
    • use the report in any comportment that would breach the terms and conditions contained in these License Terms or that would disregard laws in India, or in any other jurisdiction.
  • Data Pack :

    With "Data Pack" license, DA shall grant user/users an access to Quantitative data only such as numeric data, tables, charts etc. Theoretical explanation or information are not a part of the data pack. This information is a non-exclusive and non -transferable machine readable license either online or electronically. The right to store, display, use, or stockpiling of the information should be confined only to the authorized user/users. The user/users will have authorization to print one duplicate copy of the information for individual use, yet may not be replicated for circulation. Albeit the abovementioned, you shall NOT be permitted to:

    • transmit or permit by any means to any third party (i.e. non-personnel) to use and/or gain access to the report;
    • resell, sub-license, rent, lease, transfer or attempt to assign the rights in the report (in whole or in part) to any party NOT authorized by DA;
    • modify, alter, create database, reproduce, transmit, display, copy, distribute, commercially exploit, use or store the content from the report other than for internal business purposes; expressly permitted above; and
    • use the report in any comportment that would breach the terms and conditions contained in these License Terms or that would disregard laws in India, or in any other jurisdiction.
  • Enterprise License :

    With "Enterprise License", DA shall grant you worldwide, non-exclusive, non-transferable machine readable licenses to use the report either electronically or online, within the organization and its subsidiaries. The users shall have complete right to store, display, transfer, use the report; however, with the organization or its subsidiaries. User will have authorization to print unlimited duplicate paper copies of the report for the employees of his/her organization. Albeit the abovementioned, you shall NOT be permitted to:

    • transmit or permit by any means to any third party (i.e. non-personnel) to use and/or gain access to the report;
    • resell, sub-license, rent, lease, transfer or attempt to assign the rights in the report (in whole or in part) to any party NOT authorized by DA;
    • modify, alter, create database, reproduce, transmit, display, copy, distribute, commercially exploit, use or store the content from the report other than for internal business purposes; expressly permitted above; and
    • use the report in any comportment that would breach the terms and conditions contained in these License Terms or that would disregard laws in India, or in any other jurisdiction.
    • Hard Copy or CD ROM

    Hard Copy or CD-ROM delivery, with different license versions, is also available for our products, on request. These License Terms shall apply, mutatis mutandis, to each Hard Copy/CD ROM delivery. The cost of delivery/shipping and handling is inclusive with the price of Group, Site and Global Licenses; however, for single-user license, addition charges are to be levied.

    Annual Subscriptions

    Certain products/product bundles are made available for set duration of time as annual subscription. Annual subscriptions are generally with "Global License" and have uses rights as above regardless of form of document ordered.

    How to order:

    Orders may be placed by you

    • through the website at www.danielassociate.com (the "Website"),
    • the use of an order form (whether provided on the Website or made available to you by a third party), or
    • through an authorized distributor of DA.

2. PAYMENT

  • Fees : All fees should be paid as per the terms of payment mentioned in the applicable order (Fees). DA has the discretion to cancel access to the product in case the full payment has not been received by DA within the stipulated time.
  • Taxes : All fees that you shall pay to DA are exclusive of all goods and services, sales, use or other taxes, customs, duties and similar levies. All the aforementioned payment payable in or to any jurisdiction or authority whatsoever shall be your sole responsibility. This payment will exclude taxes levied on the income of DA.
  • Overdue Amounts : Overdue amounts shall bear interest calculated from the date when due until the date that payment is received by DA. You shall pay the interest at a rate of two percent (2%) per month compounded monthly (which is equivalent to 26.86% per annum) but shall not exceed the maximum amount permitted by law.
  • Collection Expenses : the user is required to reimburse DA for the entire collection related expenses incurred by DA which shall include all attorney's and service fees arising out of collections of overdue fees and Taxes.
  • No Refunds : No refunds will be considered in case of :
    • non-use or partial use of any Product(s),
    • refunds payment for months unused with an Annual Subscription.
    • upgrade/downgrade refunds.
    • any other issues.

      • Refund will be issued only if product or service not delivered.

  • Compliance and Change of Scope :

    DA shall exercise the right to ensure the users' compliance with the aforementioned License Terms, using any method available to and preferred by DA. In case any non-compliance on your part is detected in relation to any Product(s) purchased, DA may, in its sole discretion, without causing any effect to any other rights of DA under these License Terms may initiate the following :

    • modify the scope of or upgrade the relevant license to bring it into compliance with the actual usage of the Product(s)
    • Invoice you with such additional fees that have arisen due to change of the scope of the license. Further, DA has the right to initiate any other step that deeps necessary to rectify such non-compliance.

3. OWNERSHIP

"Intellectual Property Rights" are the sole property of DA which includes but is not limited to the following propriety rights: All copyrights, utility models, patents, service marks, trade-marks, database rights, design rights (whether registered or unregistered), proprietary information rights. You should acknowledge that you shall not obtain any Intellectual Property Rights relation to Product(s) or its (their) usage except for the license granted by DA to use the Product(s) as mentioned henceforth.

In relation to third party claims you are liable to indemnify DA as a result any transgression of any Intellectual Property Rights mentioned under the License terms. You acknowledge that DA (or its licensors) have the right to initiate any proceedings caused due to any such infringement, or any sort of claim relating thereto. Also, you shall to comply with any such proceedings acknowledging that any recovery in pursuant to such proceedings shall accrue solely for the benefit of DA.

4. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • Disclaimer : All Product(s) are provided on an "as is", "as available" basis. DA adds express disclaimer to all the warranties including that of merchantability and fitness for a particular purpose. DA, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of DA or its affiliates makes no warranty that the service or content in relation to product :

    • will comply to any specific requirement
    • will be uninterrupted, timely, secure, error-free or virus-free
    • will contain accurate, reliable or complete results. The users are solely responsible for the selection, suitability and the use of the Product(s) and acknowledge that, as stated above, DA does not provide any additional warranties or guarantees relating to the Product(s).

  • No Liability : DA, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of DA or its affiliates is not responsible for any direct, indirect, incidental, special, consequential or exemplary damages. The aforementioned damages may include but is not limited to intangible losses (even when implied in advance) other such damages for loss of profits, goodwill or data.

    The above losses may arise in relation to :

    • the use or the inability to use any Product(s);
    • the cost of procurement of a substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into by the user concerned with the usage of Product(s).
    • any unauthorized access to or alteration of any Product(s);
    • any price change, of any Product(s) or (v) any other matter relating to any Product(s).

5. CONFIDENTIALITY

The usage of the product(c) must be in compliance with the terms laid down under the License term ("Confidential Information"). In relation to the usage of the product(s) you are prohibited to copy, alter, adapt, publicize, disclose, or in any way part with possession of any information of DA which you possess as a result of these License Terms.

This compliance shall exclude information which :

  • you can prove was owned by you at the same date it was received or obtained; or
  • you have obtained from a third party having a sound legal standing.

6. NOTICES

Any notice, invoice or other document sent from one party to the other shall be duly given if sent to an authorized representative of the other party or individual by following modes of delivery :

  • registered mail or courier delivery to the recipient party's principal place of business,
  • facsimile, or
  • email (with return receipt requested)

7. TERM AND TERMINATION

  • General : The aforementioned license terms shall be deemed to be effective as of the date of acceptance of DA of an Order from You (the "Effective Date") and shall remain in force until the user terminates the association in accordance with the terms of License agreement. Notwithstanding any term contained in this Section 8, DA may, in its sole discretion, terminate any license granted to you hereunder without notice in the event of non-compliance by you with these License Terms, including, but not limited to the non-payment of any amounts due and payable to DA.
  • Annual Subscriptions : Annual Subscription which users makes shall commence on the Effective Date applicable to it and will be effective for a twelve (12) months duration (the "Initial Term"). Thereafter, each Annual Subscription shall renew for successive twelve (12) month periods (each, a "Renewal Term"). Either party may cancel the relevant Annual Subscription with prior three (3) months' notice communicated in writing to the other party.

8. MISCELLANEOUS

  • Entire Agreement : The entire agreement entered in by the parties relating to the licensing of the Product(s) consist of these License Terms, along with any terms and conditions set forth in an Order. This makes null and void all previous agreements and understandings, whether oral or written, relating to such licensing. In the event of any dispute between these terms and conditions and any other Order, these License Terms shall prevail as final document. Any modifications, amendments or supplements to these License Terms shall be only effective unless each party signs it. Approvals or consents hereunder by any party have to be in writing.
  • Assignment : You cannot assign or transfer your rights or obligations under these License Terms to another party without the prior written consent of DA.
  • No Waiver : the user shall not ask for any waiver or modification of any term or condition mentioned under the License terms in case of failure of DA at any time to enforce any of the other aforementioned terms.
  • Severability : In case, any provision of these License Terms, or an Order, is held to be invalid or unenforceable by any court of law or administrative body of competent jurisdiction, the invalidity or unenforceability of such provision shall not in any way affect the other provisions of these License Terms, and all provisions not so affected by such invalidity or unenforceability shall remain in effect. Further, all the parties present in the agreement should be ready to substitute for any invalid or unenforceable provision with a valid or enforceable provision to the maximum extent the economic objectives of the unenforceable provision is expected to be achieved.
  • Survival : Sections 2 through 7 and 9 shall survive the expiration of termination of these License Terms.
  • Governing Law and Jurisdiction : These License Terms shall be governed by the laws of the India with regard to any principles of conflicts of law. Any disputes arising in connection with these License Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the appropriate courts of the India.
  • Equitable Relief : You should acknowledge that non-compliance of these License Terms may cause DA irreparable damage for which recovery of money damages may be inadequate. In that case, you shall agree that DA shall be entitled, in addition to any other appropriate remedies available to it, to seek (in any court of competent jurisdiction) injunctive relief and/or other equitable relief to prevent or restrain any breach by you or otherwise to protect its rights, without being required to post a bond or other security.