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Terms and Conditions

By using this service, you agree to these terms and conditions:

GENERAL:
These terms and conditions are subject to change without notice by posting the changes to our website. You have read our general copyright notice and terms and conditions and you agree to them. You or we may terminate your account at any time. Subscriber termination does not release the Subscriber from past or future contractual subscriber fees.

LICENSING:
The Net Market Share service is provided on a subscription model. The Net Market Share subscription grants access for one organization at one site, which is defined as a single physical address unless otherwise agreed in prior written consent from Net Applications. Reports and data from the paid subscription may not be reproduced, transmitted, displayed (including without limitation display on any intranet or extranet site), copied, sold, published, distributed, or in any way provided to any party outside the licensed organization and site without prior express written consent from Net Applications. Subscribers may not: transfer the license; sub-license, rent, lease, transfer or assign any Intellectual Property Rights in the Reports, to any other person or entity; disclose the Reports whether in part or in their entirety to any third party, including any associated or affiliated company; in any way commercially exploit any of the Reports' content; or use the Reports for any unlawful purpose.

SUBSCRIPTION FEES:
You agree to pay the relevant Fees for Net Market Share subscription set out on the Net Market Share website in order to access Reports and Data. Fees set out on the website may change from time to time, and any change will be posted on the website and will take effect for all subscriptions accessed after the change. Where applicable, payment must be prepaid in accordance with the payment methods set out on the website prior to access to certain Reports and Data is permitted, and no license shall be granted until we receive payment in full for the relevant Reports and Data. Fees paid to us are non-refundable. For clients who have elected the paid subscription option: You agree to pay us in accordance with our price schedule. You may cancel your subscription at any time before the end of a billing period. We reserve the right to deactivate accounts for failure to pay. Any outstanding balance becomes immediately due and payable upon termination of this agreement for any reason.

INTELLECTUAL PROPERTY:
Net Applications retains ownership and all rights to the Net Market Share logos, trademarks, software, trade secrets, databases, reports, data and website.

POSTING, SHARING OR ADVERTISING REPORTS OR DATA:
Reports and data from the paid subscription may not be reproduced, transmitted, displayed (including without limitation display on any intranet or extranet site), copied, sold, published, distributed, or in any way provided to any party outside the licensed organization and site without prior express written consent from Net Applications. With consent from Net Applications, any reports or data that is posted, shared or advertised requires an active subscription to the Net Market Share service for any reasonably expected time frame that the reports or data may be viewed by any party not included in the subscriber's license. A source reference and live link where applicable to www.netmarketshare.com are also required to be included with any posted, shared or advertised report or data.

PRIVACY:
We will not give your email address or personal identifying information to any third party without your permission or unless required by law or court order.

NO WARRANTY:
Net Market Share including, without limitation, its content, reports, data, functionality, performance and features are provided on an "as available basis" at the Subscriber's sole risk and without representations or warranties express or implied of any kind. Net Applications and other parties involved in creating, producing or delivering Net Market Share expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty that the use of the service will not infringe any Intellectual Property Rights of any other person or entity; satisfactory quality or fitness for any particular purpose; or that the content of Reports and Data are accurate, complete or error free, although Net Applications believes the content to be accurate, complete and current.

LIABILITY:
You use our services at your own risk. Our services are provided on an 'as is' and 'as available' basis. We are not liable for damages, direct or consequential, resulting from any failure to provide service, suspension of service, or termination of service. We do not guaranty the availability of the Net Market Share services. You agree not to hold us responsible for data loss or interruption of service of any kind. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY THIRD-PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. OUR LIABILITY WILL NOT EXCEED THE PURCHASE PRICE OF THE SERVICES. This Agreement will be construed and enforced in accordance with the laws of the State of California without regard to its conflict of laws principles. Venue for any dispute under this Agreement will be Orange County, California.

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