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Agreement
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1. AGREEMENT TO PURCHASE. Forrester Research, Inc. ("Forrester") hereby agrees to sell and you, who will be referred to as client, ("Client") agree to purchase a license ("User License") to access those products which you have previously selected ("Products") on the www.billboard.com and or www.billboard.biz web sites ("Site") from the date of purchase for the period set forth on the Site. Client agrees to pay the fee set forth on the Site, in accordance with the terms set forth herein, for any Products. By downloading the Products, Client agrees to be bound by all of the terms and conditions contained in this Agreement. Client's use of the Products is conditioned upon Client's acceptance of these terms and conditions, in addition to any usage guidelines that Forrester may post on its Site from time to time.
2. PROPRIETARY RIGHTS. Forrester's Products are the property of Forrester and are protected by U.S. and international copyright law and other intellectual property laws. Client acknowledges that Products are proprietary to Forrester and/or its licensors and comprise: (a) works of original authorship, including compiled content containing Forrester's and/or its licensors' selection, arrangement, coordination, and expression of such content or pre-existing material it has created, gathered, or assembled and (b) information that has been created, developed, and maintained by Forrester or its licensors' at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm Forrester and/or its licensors. Client shall not commit or permit any act or omission that would impair Forrester's and/or its licensors' proprietary and intellectual property rights in Products. Except as permitted herein or by any Forrester license terms which may accompany a Forrester Work, Client shall not directly or indirectly copy Products in whole or in part without the express written consent of Forrester. Client shall not decompile, disassemble, electronically transfer, de-encrypt, or reverse engineer the Products, or translate the Products into another computer language. All of Client's rights to use Products are expressly stated herein and are subject to the further restrictions set forth below; there are no implied rights, and Forrester reserves all rights not expressly granted to Client. Inquiries regarding permission to copy or use the Products in any other manner should be directed to Forrester's Client Resource Center.
3. LICENSE. Each User License enables access to the licensed Products for the time period set forth on the Site by a Client with a user ID a password validly issued by Forrester and registered under a Forrester Registration Number. Client is prohibited from providing access to third parties and to any non-licensed entity and/or individual. Client acknowledges that access to the Products is limited to the License Terms set forth herein and any expansion must be provided in writing. Each User License entitles Client (a) to make a single copy of the Products for Clients' personal archival use; and (b) to make a copy or slide of each scorecard, ranking, product comparison, spreadsheet, graphic, table, or portions of text less than a paragraph long contained in the Products for internal presentation purposes only provided the Forrester copyright and Forrester's other proprietary notices are affixed thereto. Client shall not sell, lease, transfer, sublicense, or otherwise make available or permit access to the Product or any portion thereof, to any third party or any nonlicensed employee, except that each User License entitles Client to email Forrester Quickviews to third parties.
4. TERMINATION. This Agreement shall remain in force until terminated. Either party can terminate this Agreement upon material breach and thirty (30) days prior written notice to the other party. Products ordered pursuant to this Agreement shall be delivered and paid for notwithstanding termination of this Agreement.
5. LIMITATION OF LIABILITY. Forrester shall not be liable for any damages incurred by Client arising as a result of reliance upon Forrester's Products. Forrester's entire liability arising out of this Master Agreement shall be limited to and shall not exceed the fee paid to Forrester by Client. In no event will Forrester be liable for any consequential, indirect, special, or incidental damages such a damages for lost profits, business failure or loss, arising out of use of the Products whether or not Forrester has been advised of the possibility of such damages.
6. LIMITED WARRANTY. FORRESTER WARRANTS THAT THE PRODUCTS ARE BASED ON FORRESTER'S REASONABLE EFFORTS TO COMPILE AND ANALYZE THE BEST SOURCES REASONABLY AVAILABLE TO FORRESTER AT ANY GIVEN TIME AND, THAT ANY OPINIONS REFLECT FORRESTER'S JUDGMENT AT THE TIME AND ARE SUBJECT TO CHANGE. THE FOREGOING WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS, OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AS TO ACCURACY, COMPLETENESS, OR ADEQUACY OF INFORMATION. FORRESTER RESERVES THE RIGHT TO MODIFY PRODUCTS AT ANY TIME.
7. MISCELLANEOUS. This Agreement and any license terms which may accompany a Product shall be the complete agreement between Forrester and Client regarding the Product. This Agreement may not be changed or amended except in writing signed by both parties hereto. Massachusetts law shall govern the interpretation and the parties hereby select the courts of Massachusetts to resolve any disputes arising under this Agreement. In the event any provision of this Agreement shall not be enforceable, the remainder of this Agreement shall continue in full force and effect.
BY DOWNLOADING THE AND PURCHASING THE REPORT, CLIENT ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND AGREES TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN.
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