general...
restrictions on use...
This site is owned and operated by Basex, Inc. (hereinafter "Basex") and contains material which is derived in whole or in part from material supplied by Basex, and other sources, and is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
license to Basex...
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Basex a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.
disclaimer...
Basex has provided links and pointers to Internet sites maintained by third parties. Neither Basex, its subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided ôas isö and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Basex disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Basex does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. Basex does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Basex) assume the entire cost of all necessary maintenance, repair or correction.
bulletin boards...
This service may include bulletin boards and chat rooms ("bulletin boards") which allow feedback to Basex and real-time interaction between users. Basex does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and this Web site that you do not:
- Restrict or inhibit any other user from using and enjoying the bulletin boards.
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Post or transmit any information, software or other material which contains a virus or other harmful component.
- Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
You understand that Basex has no obligation to monitor the bulletin boards. However, Basex reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BasexÆs sole discretion are objectionable or in violation of these terms and conditions.
limitation of liability...
Under no circumstances, including, but not limited to, negligence, shall Basex, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Basex materials. You specifically acknowledge and agree that Basex is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Basex material, or with any of Basex terms and conditions, your sole and exclusive remedy is to discontinue using Basex.
termination...
This agreement is effective until terminated by Basex, at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards and the restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
other...
This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
guidelines for use of intellectual property...
Basex, Inc. (hereinafter, "Basex") publishes information on a variety of issues for our clients. To meet our client needs, this information is provided in a variety of media, both online and off, including Basex:TechWatch and other venues.
what is subject to Basex copyright...
All information provided by Basex, in any form, is proprietary to Basex and is protected by U.S. and foreign laws governing intellectual property. All such information published by Basex or presented by its employees, agents or consultants is copyright protected. Since a copyright notice is no longer required by law, the omission of the copyright notice by Basex does not invalidate copyright protection, and it does not indicate that Basex authorizes the reproduction of such proprietary material.
what copyright protection does
The United States Copyright Act gives the owner of a copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works based upon the copyrighted work, to distribute copies publicly and to display the work publicly.
prohibition against violating copyright...
Since all Basex materials are protected by copyright, reproduction of Basex material by any means, without the prior written permission of Basex, is prohibited.
remedies available for violation of copyright...
Violation of Basex' copyright may permit Basex to recover actual damages, statutory damages, punitive damages and attorneys fees through actions in federal or foreign courts.
exceptions to copyright protection...
Fair use is a privilege that allows users to make use of copyrighted information without the specific consent of Basex in specific limited situations. Such use may be permitted if the copying is for educational, noncommercial use, where only a small portion of the materials is copied and where the copying does not have a negative impact upon the market for the copyrighted work.
Basex' explanation of fair use:
1. Single copies for personal use. Basex considers as "fair use" the making of one single copy by or for a Basex client at his/her individual request for personal use. This does not allow more than one copy for a client; several individual employees are not permitted to make several copies.
2. Internal presentations. Basex considers as "fair use" the reproduction of a reasonable number of copies of portions of Basex materials for a client's use in a presentation to individual employees within the client company. A reasonable number of copies in most instances will be no more than 5 at any event, and shall not exceed more than 1 copy per attendee.
3. Internal interest. In certain instances, you may find that a specific article or portion of an article may be of broad interest within your organization. Basex considers that a very limited copying of the material for internal use only is acceptable, subject to these specific limits:
- no more than the lesser of 3 pages or 10% of the total content of the article is copied
- no charts, graphs or illustrations are copied
- all copies note the source of the material and contain a statement that Basex owns the copyright in the material
what is not considered fair use...
Uses that conflict with Basex business practices or impair the market for Basex' materials are not considered fair use. These include, without limitation:
- copying of complete reports for archives, files (including personal files) or otherwise perhaps to avoid purchasing a second copy
- copying publications for inclusion in public relations or sales campaigns
- scanning, or otherwise importing publications into an electronic storage/retrieval system or the broad distribution of publications through electronic data transmission systems such as e-mail or posting on an Internet or intranet site
how to obtain Basex materials without violating copyright...
1. Multiple subscriptions. Basex offers multiple subscriptions to its services on a reduced fee basis. The additional subscriptions carry the same restrictions on use as single subscriptions.
2. Reprints. Basex sells reprints of its research notes to its clients only, for its then published price. Purchased reprints may be provided by you, in their entirety, at no charge, to your internal associates, clients or potential clients. Requests for reprints should be directed to sales@basex.com
3. Obtain written permission. All requests to reproduce or redistribute Basex materials should be submitted to IPUsage@basex.com. The request should include specifics about which research/quotes/graphs you wish to use and should include the context of use. Basex may tend to grant permission to use its published materials in the following situations:
- The research is not vendor specific.
- The quote or research is generic as it applies to the industry.
- The research does not position vendors in a market place or against each other.
- The quote is used in a high impact speech (a CEO is restructuring his/her company).
- The quote and information is factual in nature (market size, market share).
- Excerpts taken should be used in their entirety; paraphrasing the research is discouraged.
- The quote must be taken from research that is no more than 6 months old.
- Proper attribution should include company name, service or title of research, and publication date. Ex. Source: Basex, The Community Factor, October 2000
Basic requirements consist of reviewing usage context of the desired quote in your materials. This should be accompanied by a copy of the research from which the quote was extracted. Clearly indicate the location of quote in both documents. Expected turnaround time is between 2-3 days.
From time to time, Basex will grant specific permission to reuse quotations that contain information, provided that such quotations are not used out of context and would not impair our reputations or impede upon our business relationships. For example, quotes may not be taken from either a Basex 'Basex:TechWatch' or Basex Analyst Point-of-View publication without such permission.
commercial use of Basex name/endorsements...
The commercial use of the Basex name or proprietary information in advertising or other promotion of products may suggest to the public that Basex is sponsoring or endorsing a product, is affiliated with the product, or has authorized or approved the use of the Basex name, trademark or information in advertisements. In order to protect and maintain our reputation for independence and objectivity, Basex has developed specific guidelines for the use of its trademark and remarks and comments by its analysts.
As part of Basex' policy, Basex analysts may provide vendors with quotes for use in press releases or newsletters. These are subject to the same guidelines as mentioned in How to obtain Basex materials without violating copyright section 3.
Example of permitted use of Basex' name:
In a press release by ABCD.com Inc., announcing a significant acquisition, "The acquisition of X.com by ABCD.com will exploit the tremendous synergies between the ABCD and X product lines while simultaneously opening up new doors through X.com's worldwide sales force, with the potential to have a significant impact on the marketplace," said Jonathan B. Spira, Chief Analyst, Basex.
changes of policy...
Basex reserves the right to change its policies or explanations of its policies at any time, without notice. These explanations and polices are for general informational purposes only and do not constitute a waiver or estoppel with respect to any of Basex' rights, all of which are specifically reserved. For questions about current policies and about specific circumstances, please fill out our Request for Information Form
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