Online Access Agreement for use of Business-Beacon

IMPORTANT - READ CAREFULLY: This Access Agreement is a legal agreement between you (either an individual or a legal entity, also referred to as "User", "You") and Centre for Monitoring Indian Economy Private Limited ("CMIE"), for grant by CMIE of a right to you to access and use CMIE's Internet Delivered Service www.business-beacon.com (the "Web Site") which contains CMIE - stored and third party databases, services, functions and remotely - accessed gateways, and "online" or electronic documentation.

By accessing to, downloading, or otherwise using the material on the Web Site, you agree to be bound by the terms of this Online Access Agreement.

DEFINITIONS

User - any person, whether an individual or a legal entity who has for himself/herself or on behalf of its representatives/employees has required access by payment of a access fee as prescribed, for the access to the Web Site, the Information and the Information management capabilities of CMIE Services, through a unique Username and password, and shall include a Sub-User and a One-time User as defined below.

Sub-User - any person being a representative or employee of the User whom the User has permitted the access to the Web Site and use of the Information therein and the CMIE Services, by use of the unique Username and password assigned to the User.

One-time User - a person who has access to the Web Site but is on payment of an one-time fee, permitted to access the Web Site and view or download the Information paid for.
Site visitor - an individual who can access only the public (published) part of the Web Site, such Users do not have Username and password for access to the Information or the Information management capabilities of CMIE Services.

Information - content provided by CMIE to the User which includes data, derivative works, analytic works, third party content, etc and without limitation all text, images, materials and other content provided by CMIE.

CMIE Services - CMIE's internet based products and interactive online information services provided by CMIE, that are accessible through the Web Site and would include the search tools through which the User can search through the databases and Information provided by CMIE, using a number of search tools.

1. GRANT OF RIGHT TO ACCESS AND USE

CMIE hereby grants to the User, and the User accepts, a non-exclusive, non-commercial, limited right to access the Web Site, use CMIE Services and download the Information, only as authorized below. The Web Site, Information and CMIE Services are protected by copyright laws as well as other intellectual property laws and may contain confidential information and trade secrets. The User is merely permitted to access the Web Site and use the Information and CMIE Services and the same is not being sold to or the ownership thereto transferred to the User. CMIE retains ownership of the Information and CMIE Services and except for the right granted hereunder, CMIE retains all rights, title and interest in and to the CMIE Services and the Information.

If the User has paid the access fee for the right to access the Web Site and use the Information and CMIE Services, in addition to all other terms and conditions herein, the following restrictions apply: (a) The User is authorized to access the Web Site, download the Information and use the CMIE Services only for a limited time (as may be accessed to); (b) The User's right to access the Web Site and use CMIE Services terminates at the end of the Term.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Copy Restrictions

The Information and CMIE Services on the Web Site are protected by copyright laws of India and the User may copy the Information only for the use of the User alone. Copies must include all copyright and trademark notices. No Information downloaded from the Web Site shall be reproduced, transmitted, or shared on any other web site or with any other individual or third party nor shall any of its pages be disseminated, either in electronic or non-electronic form, or included in any public or private electronic retrieval system or service, without the prior written consent of CMIE.

Use Restrictions

1. (i) The access of the Web Site, right to download the Information and use of CMIE Services is permitted by the User for his/her/its personal use only. The User shall not (and shall not allow any third party to) : (i) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying User interface techniques or algorithms used in the Web Site or CMIE Services by any means whatever, or use any robot, spider, other automatic device or manual process to monitor or copy CMIE's Web Site or the CMIE Services or distribute or disseminate the Information for a fee or otherwise to any third party including colleagues/other employees of the same legal entity, other than those who have been permitted to access the Web Site and use the Information and CMIE Services.The User may however use the Information supplied by CMIE on the Web Site, for research, decision making, in presentations or reports, provided that CMIE is give n credit for the Information by ensuring that the words "Source : url, Centre for Monitoring Indian Economy, date : "forms a part of all material in which the Information is included".
2. The User may not use CMIE's product names, logos or trademarks to market its own products or services where the Information or part thereof is used, without the prior written consent of CMIE.
3. The User agrees to indemnify, hold harmless, and defend CMIE from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of the Information, including the data which forms a part thereof.
4. The User shall make best efforts to prevent and protect the contents of the Web Site and Information from unauthorized disclosure or use. The User shall be responsible for keeping secure the User's unique Username and password and all actions performed by any person using the same, shall be deemed to have been performed by the User and the User shall be liable for the same.
   

3. TERM

The term of the access to the website will commence on the date of issuance of User name and password to the User, by CMIE and shall be for a period of one year or till the access fee paid is fully utilised, whichever is earlier, unless terminated as provided herein below. CMIE will not refund any outstanding amount of the access fee received from the User either during the tenure of the access or on termination of the access.

4. TERMINATION

This Agreement shall be valid as long as the User accesses and uses the Web Site, Information and CMIE Services in compliance with his/her/its access and this Agreement. CMIE may terminate this Agreement and the right to use and access the Information and the Web Site granted to the User, if the User fails to comply with any of the terms and conditions herein and in particular if it is found at any time that the User has failed to comply with the terms of this Agreement as to restriction on copying or restrictions on use.. In such event all the rights granted to the User under the Agreement will immediately terminate.

5. INTELLECTUAL PROPERTY RIGHTS

All title and copyrights, trademarks, designs and other proprietary rights in and to the Web Site (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the Web Site), the accompanying printed materials, and any copies of the Information or downloads from the Web Site, and any trademarks or service marks of CMIE are owned by CMIE. All title and intellectual property rights in and to the content, other than the Information that may be accessed through use of the Web Site and/or CMIE Services and third party content contained in the Information, is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

All error corrections, bug fixes, patches, updates or other modifications shall be the sole property of CMIE.

The right granted to the User does not entitle the User to remove copyright notices located in the source code and/or to add copyright messages or to remove from/add on printouts of material/content taken from the Web Site.

Except as expressly provided in Clause 2 above, nothing contained herein shall be construed as conferring any license or right, by implication, estoppal or otherwise, on the User with respect to the Information, the Web Site or CMIE Services, under copyright or other intellectual property laws.

6. DISCLAIMER OF WARRANTY

While CMIE has used reasonable efforts in collecting, preparing and providing quality information and material, CMIE does not have absolute control over the data posted on the Web Site and hence does not guarantee the accuracy, quality or integrity of the data or that the Information available on or through the Web Site will be correct, accurate, reliable or timely or that the Web Site is free of viruses or other harmful components. The views expressed in the articles and derivative works posted on the Web Site are those of the respective authors and not necessarily absolutely accurate and are merely opinions or views. The Information is provided on "AS IS" basis without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, adequacy, completeness, currentness and promptness. CMIE does not warrant that the access and use of the Web Site will be uninterrupted or error free at all times an d in all circumstances, nor that program errors will be corrected. To the extent that this Web Site contains links to other sites, CMIE has no control over the availability and content of those outside sites. The liability of CMIE to the User is therefore Nil irrespective of CMIE having committed breach of this Agreement, or otherwise.

Third party content may appear on the Web Site or may be accessible via links from the Web Site. CMIE shall not be responsible for and assumes no liability for any mistakes, misstatements, omissions, falsehood, opinions, representations or any other form of content in the third party content appearing on the Web Site.

IN NO EVENT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) WILL CMIE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS AND USE THE WEB SITE OR CMIE SERVICES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, LOST PROFIT, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE DATA OR SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. CMIE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF INFORMATION PROVIDED BY THE USER OR A THIRD PARTY THAT IS ACCESSED THROUGH THE WEB SITE AND/OR ANY MATERIAL LINKED THROUGH SUCH INFORMATION.

8. MISCELLANEOUS

• This Agreement will be governed by the laws of the Republic of India and the Courts of Mumbai alone shall have jurisdiction.
• If any provision of this Agreement is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
• E-mail communication shall not be considered as a legal notice. A written communication will only be considered as legal notice.
• This Agreement represents the entire understanding between the parties with respect to its subject matter.