KANTAR

KANTAR

This Site is owned and operated by KANTAR, which owns or licenses all the material on this Site.

A. GRANT OF LICENSE

1. KANTAR grants each paid subscriber ("Subscriber," “Licensee” or "you") one limited, non-exclusive, non-transferable license (the "License") to use this Web site (this "Site" or “Licensed Product”). Subscriber may purchase additional licenses from KANTAR. Subscriber shall receive one password and user identification for each license. Only one user per Personal Identification Number at a time may access the Site.

2. License to this Site provided hereunder and any output thereof may only be given or made available to employees of the LICENSEE (and with respect to Publishers, LICENSEE’s rep firms with permission from the LICENSEE for use exclusively in sales/marketing efforts related to the LICENSEE’s business.)

3. With respect to Agencies or Manufacturer In-House Agencies, this License Agreement does not cover the use of this Site or any output thereof in connection with Licensed Products assigned to another agency or to a manufacturer’s in-house agency, unless otherwise noted on LICENSEE’s contract.

4. KANTAR reserves the right to periodically change Subscriber’s user login and password.

B. OWNERSHIP, COPYRIGHT, CONFIDENTIALITY AND RESTRICTED USE

1. The Licensed Products are copyrighted by KANTAR . As the LICENSEE, you have access to and own your output from the Licensed Products, but KANTAR retains the copyright of the Licensed Products’ text and data and all copies of such text and data regardless of the form or media in or on which the original and other copies may exist. Unauthorized copying and distribution of the Licensed Products is expressly forbidden.

2. LICENSEE acknowledges that the Licensed Products consist of trade secrets and other confidential and proprietary information, data and technology and are the sole and exclusive property of KANTAR or third party providers that have licensed KANTAR to use and sublicense portions of the Licensed Products (collectively, “Third Party Licensors”). LICENSEE agrees to keep the Licensed Products strictly confidential and acknowledges that any unauthorized use, disclosure, reproduction or distribution of the Licensed Products would cause irreparable harm to KANTAR and/or such Third Party Licensor.

3. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to artwork, photographs, graphics, animations, images, text, data and code (collectively, the "Content") which are the property of their respective owners. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to Subscriber. It is illegal to duplicate, download or distribute any Content from this Site except for Subscriber's business use. You may not modify or alter the Content in any way, nor incorporate the Content into any materials that are publicly distributed or displayed, except as specifically described elsewhere in these Terms of Use. You may not resell, display, sublicense or distribute the Content in any form, including on any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future. Republication or redistribution of the Content, including by framing or similar means, is expressly prohibited.

4. The design or layout of this web site, or of any other web site owned, operated, licensed or controlled by KANTAR, is protected by federal and international law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part. Subscriber must keep the Content, passwords and user identification numbers strictly confidential and will be liable for any unauthorized uses thereof.

5. Licensee cannot publicly post content, passwords or logins [PINs] on any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future. Licensee cannot create any electronic link or other utility (including but not limited to robots) that would allow for data extraction from or unauthorized access to the KANTAR data and website from an online service, the Internet or any other telecommunication medium which now exists or shall exist in the future.

6. LICENSEE may present data from the Licensed Products, and analysis derived from such data, to their clients and prospective clients in the normal course of business, subject to the use restrictions set forth elsewhere in these Terms of Use and LICENSEE’s contract

7. LICENSEE may incorporate limited data from the Licensed Product in promotional materials. All LICENSEE promotional materials that make use of the data contained in the Licensed Products shall be submitted to and approved by KANTAR prior to general publication. Any such promotional materials shall include “KANTAR™ APPROVED” with Licensed Product name and year produced or other suitable KANTAR™ credit line.

8. Neither party shall use the names, trademarks, or logos of the other party in any advertising or promotional materials without the prior written consent of the other, except that LICENSEE may make reference to the names, trademarks, or logos of KANTAR in Output produced in conformity with the License Agreement and Terms of Use.

9. LICENSEE shall not use the Licensed Products in any legal proceeding, except in the case of a court order and then only after the LICENSEE’s having acted to preserve KANTAR’s right to seek protection.

Non-Compliance

1. Initial Violation: An initial violation generally results in a warning letter to the offending party. Depending on the violation (dissemination of inaccurate data), the offender may be required to send a corrective piece to its mailing list.

2. Repeated Violations: Repeated or extensive violations may require other available legal remedies, which may entail substantial financial consequences for the offending party.

C. LIMITATION OF WARRANTY AND DAMAGES

1. KANTAR DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES OR OTHER DAMAGING ELEMENTS, OR THAT KANTAR WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT.

2. IN NO EVENT WILL KANTAR OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT, EVEN IF KANTAR HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL LIABILITY OF KANTAR OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS OR DISTRIBUTORS EXCEED THE LICENSE FEES PAID, IF ANY, BY YOU TO KANTAR TO ACCESS OR USE THIS SITE.

D. OTHER LEGAL INFORMATION

1. KANTAR may upgrade, alter or discontinue the Site or access thereto, and may modify the Licensed Products’ underlying research models and methodology, at any time without notice.

2. Subscriber is responsible for obtaining, installing and maintaining all equipment needed to access and use the Site and shall ensure that the equipment is compatible with the Site. Subscriber is responsible for all telecommunications charges required to access and use the Site and for all taxes and other government charges relating to Subscriber's use of the Site.

3. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to its conflict of laws provisions. These Terms of Use contain the entire understanding of the parties hereto relating to the use of this Site and supersedes any and all prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. KANTAR reserves the right to terminate these Terms of Use and License without notice, if, in the sole discretion of KANTAR, you fail to comply with any term of these Terms of Use or for any other or no reason. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof. In addition, KANTAR reserves the right to terminate this Site without notice.

Your use of this web site acknowledges that you agree to the above terms of use. If you do not agree with these terms you will not be able to access this web site.