Premium Subscription End-User License Agreement
This License Agreement (“Agreement”) is between the end user(s) of the Premium Subscription (“Licensed User” or “User”) and mediaQuant, Inc. (“mediaQuant”), a Delaware corporation with its primary place of business located at P.O. Box 12431, Portland, OR, USA. By accessing or otherwise using the Premium Subscription, User agrees to adhere to all terms and conditions in this Agreement. As an authorized agent of their employer or other third party (“Subscriber”), User’s acceptance of this Agreement obligates Subscriber to all the terms and conditions contained herein.
(A) “License Term” means the month-to-month or annual period for which the Licensed User has procured their Subscription, commencing on the Subscription Date and inclusive of subsequent renewals procured by the User.
(B) “Licensed User” or “End User” or “User” means the named individual(s) who has/have received a username and password to access the Subscription for the Licensed Term. User is deemed to be an authorized agent of the Subscriber.
(C) “Premium Subscription” or “Subscription” means the provision of access to Premium Products via the mediaQuant.net website.
(D) “Premium Products” or “Products” means access to interactive dashboards providing media prominence ratings, rankings, and analyses, including all metrics, charts, tables, graphs, visualizations, images and other elements contained in those dashboards, and any other premium-member resources accessed through the Subscription.
(E) “Subscriber” means the company, business, or organization with which the User is employed or associated.
(F) “Subscription Date” means the date when mediaQuant provides access to the Subscription. This excludes the no-obligation, 30-day trial period.
2. LICENSE AND USER OBLIGATIONS
(A) mediaQuant hereby grants User the limited, non-exclusive, non-assignable right to use the Subscription to access Products via the mediaQuant website at www.mediaQuant.net (the “Website”) and affiliate websites linked from the Website in accordance with the terms of this Agreement.
(B) Only the Licensed User shall access their Subscription and utilize Products via the Website.
(C) Users under a multi-user enterprise or other license must be employed by or associated with the same Subscriber and have the same domain name in the email address used for their account setup.
(D) mediaQuant or its third party licensors are the owner of all intellectual property rights associated with the Website and other proprietary materials. Except as specifically provided in this Agreement, no intellectual property or any other rights are granted to any User.
3. TERM AND RENEWAL
(A) This License is granted to the User for a month-to-month period for monthly paying Users and a 12-month period for annually paying Users, commencing on the Subscription Date.
(B) Unless otherwise agreed upon in writing, the renewal date for monthly paying Users will be one month from the Subscription Date and the renewal date for annually paying Users will be 12 months from the Subscription Date.
(C) All Subscriptions will automatically renew to preserve continuity. Discounted Subscriptions will be renewed automatically at the regular subscription rate at end of the discounted term. mediaQuant reserves the right to modify its pricing at any time upon advance notice to the User. Users may opt-out of automatic renewal prior to renewal date by selecting “Cancel” within their account settings online or by contacting mediaQuant at email@example.com.
4. USAGE, SHARING AND PRINTING RESTRICTIONS
Except as may be otherwise agreed to in writing by mediaQuant, the following usage, sharing, and printing restrictions apply:
4.1 General Internal Use and Storage
(A) Only the Licensed User may access their Subscription using their unique Subscription access information (username and password). By using the Subscription, User agrees to accept responsibility for all activities that occur under their account login.
(B) User shall be permitted to access their Subscription, using their unique username and password, on up to five (5) different computer devices, as identified by unique IP addresses, within a contiguous 24-hour period. If more than 5 IP addresses are detected within a 24-hour period, User’s account will be automatically disabled.
(C) User shall NOT provide Subscription access information to unlicensed users and shall use reasonable efforts to ensure that they and other Licensed Users maintain the confidentiality of their Subscription access information and do not divulge it to any third party.
(D) Use of the Products is restricted to internal information purposes only within the scope of the Licensed User’s individual job function and responsibilities. Products may NOT be routinely or broadly shared or disseminated, in part or whole, to the entire Subscriber organization or to mass internal audiences via company-wide communications, dashboards, intranet, software, databases, or similar resources without a separate written agreement between mediaQuant and User permitting such dissemination or sharing.
(E) User may download the Products in the form of electronic PDF files, data exports, or screen captures to their Subscriber-issued computer and store the file(s) on such computer for the License Term. User shall NOT copy and/or store files on the Subscriber company intranet, company bulletin boards or other company-wide storage and retrieval systems.
(F) User shall NOT distribute Products in any form to any third party whether inside or outside their Subscriber company, business, or organization, unless such distribution is in strict accordance with Section 4.2(C) below.
(G) User shall NOT use the Products nor allow any third party to use the Products to create a substitute for any product or service provided by mediaQuant, nor shall user create any derivative work of any Product.
4.2 Internal Repurposing and Sharing with Unlicensed Users. A Licensed User may NOT routinely or broadly disseminate or share the Products, in part or whole, to the entire Subscriber organization or to mass internal audiences via company-wide communications, dashboards, intranet, software, databases, or similar resources without a separate written agreement between mediaQuant and User permitting such dissemination or sharing.
4.3 External Repurposing and Sharing with Unlicensed Users
(A) User shall NOT disseminate Products, in part or whole, to large external audiences without a separate written agreement between mediaQuant and User permitting such activity.
(B) User shall NOT assign, transfer, sell, lease, rent, charge for or otherwise distribute, deal in, or encumber the Products, in part or whole and in any format, to any other User or individual.
(C) User shall NOT alter, copy, disseminate, redistribute or republish any amount of the Products or their content externally in electronic or printed form where such form has a commercial value to the User, Subscriber, or recipient.
(D) User may repurpose and share content from the Products, e.g., metrics, tables, charts, graphs, visualizations, images, or other elements in online and printed communications and presentations to clients and limited third parties provided (i) such communications are limited to general market or industry information and are not part of a marketed and/or sold product or service to the client or third party; and (ii) appropriate attribution is made to mediaQuant’s ownership of the Products per Section 4.4 below.
(E) User shall NOT permit any unlicensed user or third party to use the Products.
4.4 Copyrights and Attribution
(A) User shall not remove or alter any copyright or other proprietary notice on any of the Products.
(B) Any text, images, tables, pictures, graphics, data visualizations, or other elements of the Products that are retrieved, displayed, or outputted through the Subscription are and shall be at all times, solely owned by their respective copyright owners and are protected by United States law and international treaties.
(C) Any permissible extracted Product content must include attribution to mediaQuant as follows: “Copyright © 201_ mediaQuant, Inc. All rights reserved. Reprinted with permission from mediaQuant, Inc.”
5. REFUND POLICY
(A) All paid Premium Subscriptions are non-refundable. We adhere to a no-refund policy because we enable users to try out our Products for free under a no-obligation, 30-day trial subscription period or by downloading free Product samples in form of PDF reports via the Website. By purchasing a Premium Subscription, you acknowledge that you have read and agree to the above Refund Policy.
(B) Premium Subscriptions billed monthly can be cancelled prior to the monthly renewal date. Premium Subscriptions billed annually can be cancelled prior to the annual renewal date.
(C) Annual renewals to Premium Subscriptions which are cancelled within fourteen (14) days of the annual renewal payment are eligible for a full refund. To request a refund with 14-days of renewal, please email your request to info@mediaQuant.net with the word REFUND in the subject line. Refunds may exclude any processing fees.
This Agreement may be terminated by mediaQuant in the event of any breach by User. In the event of such termination, no refund shall be paid to User.
Subscriber shall indemnify and hold harmless mediaQuant and any of mediaQuant’s affiliates, employees, officers, directors, agents and assigns, from and against any and all losses, liabilities, damages, claims, awards, judgments, costs and expenses, including reasonable attorney fees, arising out of or resulting from Subscriber’s and/or its Users’ use of the Subscription or Products other than as expressly permitted hereunder.
8. LIMITED WARRANTIES
(A) mediaQuant warrants that it is the original publisher and owner of the Products and has the rights to distribute the Products via the Subscription.
(B) mediaQuant shall use reasonable efforts to provide the User with online access to the Products 24 hours a day for the duration of this Agreement. User and Subscriber acknowledge and accept that mediaQuant does not guarantee continuous uninterrupted access to the Subscription and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside mediaQuant’s control.
9. DISCLAIMER OF WARRANTIES
(A) ACCESS TO THE SUBSCRIPTION AND PRODUCTS IS PROVIDED BY MEDIAQUANT “AS IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. WHILE WE TAKE EVERY MEASURE POSSIBLE, USING AVAILABLE RESOURCES, TO ENSURE THE CONTENT SUPPLIED VIA OUR PRODUCTS AND WEBSITE IS ACCURATE AND CORRECT, SUCH CONTENT MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS.
(B) mediaQuant is not responsible for invalid destinations and transmission errors in, corruption of, or the security of information carried over telecommunications carriers’ or other providers’ facilities. Subscriber and all Users acknowledge that some amounts of the content of the Subscription may be provided by third parties, and mediaQuant has no control over, or liability for any such content. Under no circumstances will mediaQuant be responsible for the use by Subscriber or any Users of, or results achieved by Subscriber or any Users from the Subscription or Products accessed through the Subscription.
10. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDIAQUANT WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCTS OR THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIAQUANT’S TOTAL LIABILITY TO USER FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY USER TO MEDIAQUANT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO MEDIAQUANT’S LIABILITY. THE FOREGOING LIMIATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
(A) This Agreement shall be interpreted and construed in accordance with the laws of the State of Oregon in the United States of America.
(B) Force Majeure: Neither party shall be liable for a failure to perform under this Agreement to the extent that the party is prevented from performing its obligations by any cause beyond its reasonable control, provided such cause does not arise from the party’s fault or neglect, and provided further that the party unable to perform promptly notifies the other party of the commencement, nature and projected termination of the cause.
(C) If any portion of this Agreement is held to be unenforceable, said portion shall be severed from this Agreement, the remainder of which shall continue in effect.
(D) mediaQuant reserves the right to change, update or discontinue any aspect of the Subscription and the Products at any time and without prior notice. If mediaQuant makes a material modification to the Subscription and the Products, mediaQuant will notify the User by sending an email to their Subscription email address and by displaying an announcement on the Website for thirty (30) days. User’s continued use of the Subscription after any such change constitutes their agreement to the modified terms.