Insights Analytics, LLC ("Insights Analytics")
operates InsightsAnalytics.com and may operate other websites. It
is Insights Analytics' policy to respect your privacy regarding any information we may collect
while operating our websites.
Like most website operators, Insights Analytics collects non-personally-identifying information of the
sort that web browsers and servers typically make available, such as the browser type, language preference,
referring site, and the date and time of each visitor request. Insights Analytics' purpose in
collecting non-personally identifying information is to better understand
how Insights Analytics' visitors use its website. From time to
time, Insights Analytics may release non-personally-identifying information in the aggregate, e.g., by
publishing a report on trends in the usage of its website.
Insights Analytics also collects potentially personally-identifying information like Internet Protocol
(IP) addresses for logged in users and for users leaving comments on InsightsAnalytics.com blogs/sites. Insights Analytics only discloses logged in user and commenter IP addresses under the same
circumstances that it uses and discloses personally-identifying information as described below, except that
commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site
where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Insights Analytics' websites choose to interact
with Insights Analytics in ways that require Insights Analytics to gather
personally-identifying information. The amount and type of information that Insights Analytics gathers
depends on the nature of the interaction. For example, we ask visitors who sign up at InsightsAnalytics.com to provide a
username and email address. Those who engage in transactions with Insights Analytics are asked to
provide additional information, including as necessary the personal and financial information required to
process those transactions. In each case, Insights Analytics collects such information only insofar as
is necessary or appropriate to fulfill the purpose of the visitor's interaction with
Insights Analytics. Insights Analytics does not disclose personally-identifying information
other than as described below. And visitors can always refuse to supply personally-identifying information, with
the caveat that it may prevent them from engaging in certain website-related activities.
Insights Analytics may collect statistics about the behavior of visitors to its
websites. Insights Analytics may display this information publicly or provide it to others.
However, Insights Analytics does not disclose personally-identifying information other than as
Protection of Certain Personally-Identifying Information
Insights Analytics discloses potentially personally-identifying and personally-identifying information
only to those of its employees, contractors and affiliated organizations that (i) need to know that information
in order to process it on Insights Analytics' behalf or to provide services available
at Insights Analytics' websites, and (ii) that have agreed not to disclose it to others. Some
of those employees, contractors and affiliated organizations may be located outside of your home country; by
using Insights Analytics' websites, you consent to the transfer of such information to
them. Insights Analytics will not rent or sell potentially personally-identifying and
personally-identifying information to anyone. Other than to its employees, contractors and affiliated
organizations, as described above, Insights Analytics discloses potentially personally-identifying and
personally-identifying information only in response to a subpoena, court order or other governmental request, or
when Insights Analytics believes in good faith that disclosure is reasonably necessary to protect the
property or rights of Insights Analytics, third parties or the public at large. If you are a registered
user of an Insights Analytics website and have supplied your email address, Insights Analytics may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to
date with what's going on with Insights Analytics and our products. If you send us a request (for
example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us
clarify or respond to your request or to help us support other users. Insights Analytics takes all
measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of
potentially personally-identifying and personally-identifying information.
A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser
help Insights Analytics identify and track visitors, their usage of Insights Analytics website, and their website access preferences. Insights Analytics visitors who do not wish to have
using Insights Analytics' websites, with the drawback that certain features
of Insights Analytics' websites may not function properly without the aid of cookies.
If Insights Analytics, or substantially all of its assets, were acquired, or in the unlikely event
that Insights Analytics goes out of business or enters bankruptcy, user information would be one of the
assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that
any acquirer of Insights Analytics may continue to use your personal information as set forth in this
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies.
These cookies allow the ad server to recognize your computer each time they send you an online advertisement to
compile information about you or others who use your computer. This information allows ad networks to, among
other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy
Although most changes are likely to be minor, Insights Analytics may change
discretion. Insights Analytics encourages visitors to frequently check this page for any changes to
receive an alert informing you of these changes. Your continued use of this site after any change in
Vendor Terms and Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INSIGHTS ANALYTICS LLC (“INSIGHTS ANALYTICS”) STATING THE TERMS THAT GOVERN YOUR PARTICIPATION AS AN INSIGHTS ANALYTICS VENDOR. PLEASE READ THIS INSIGHTS ANALYTICS VENDOR AGREEMENT (“AGREEMENT”) BEFORE PRESSING THE “COMPLETE SIGN UP” BUTTON AND CHECKING THE BOX AT THE BOTTOM OF THE REGISTRATION PAGE. BY AGREEING YOU ARE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT REGISTER OR CEASE USE IMMEDIATELY.
Insights Analytics Vendor Agreement
Relationship With Insights Analytics; Insights Analytics ID and Password. You understand and agree that by registering with Insights Analytics to become an Insights Analytics Vendor (“Insights Analytics Vendor”), no legal partnership or agency relationship is created between you and Insights Analytics. You agree not to represent otherwise. You also certify that you are at least thirteen years of age and you represent that you are legally permitted to register as an Insights Analytics Vendor. This Agreement is void where prohibited by law and the right to register as an Insights Analytics Vendor is not granted in such jurisdictions. Unless otherwise agreed or permitted by Insights Analytics in writing, you cannot share or transfer any benefits you receive from Insights Analytics in connection with being an Insights Analytics Vendor. The Insights Analytics ID and password you use to log into your Insights Analytics Vendor account cannot be shared in any way or with anyone. You are responsible for maintaining the confidentiality of your Insights Analytics ID and password and for any activity in connection with your account.
Vendor Benefits. As an Insights Analytics Vendor, you may have the opportunity to attend certain Insights Analytics Vendor conferences, technical talks, and other events (including online or electronic broadcasts of such events) (“Insights Analytics Events”). In addition, Insights Analytics may offer to provide you with certain services (“Services”), as described more fully herein and on the Insights Analytics Vendor web pages (“Site”), solely for your own use in connection with your participation as an Insights Analytics Vendor. Services may include, but not be limited to, any services Insights Analytics offers at Insights Analytics Events or on the Site as well as the offering of any content or materials displayed on the Site (“Content”). Insights Analytics may change, suspend or discontinue providing the Services, Site and Content to you at any time, and may impose limits on certain features and materials offered or restrict your access to parts or all of such materials without notice or liability.
Restrictions. You agree not to exploit the Site, or any Services, Insights Analytics Events or Content provided to you by Insights Analytics as an Insights Analytics Vendor, in any unauthorized way, including but not limited to, by trespass, burdening network capacity or using the Services, Site or Content other than for authorized purposes. Copyright and other intellectual property laws protect the Site and Content provided to you, and you agree to abide by and maintain all notices, license information, and restrictions contained therein. Unless expressly permitted herein or otherwise permitted in a separate agreement with Insights Analytics, you may not modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any of the Site, Content or Services. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Services, Site, or Content (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by any licensing terms accompanying the foregoing). Use of the Site, Content or Services to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so, is expressly prohibited. Insights Analytics retains ownership of all its rights in the Site, Content, Insights Analytics Events and Services, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Insights Analytics intellectual property.
Confidentiality. Except as otherwise set forth herein, you agree that any Insights Analytics pre-release software, services, and/or hardware (including related documentation and materials) provided to you as an Insights Analytics Vendor (“Pre-Release Materials”) and any information disclosed by Insights Analytics to you in connection with Insights Analytics Events will be considered and referred to as “Insights Analytics Confidential Information”.
Notwithstanding the foregoing, Insights Analytics Confidential Information will not include: (a) information that is generally and legitimately available to the public through no fault or breach of yours; (b) information that is generally made available to the public by Insights Analytics; (c) information that is independently developed by you without the use of any Insights Analytics Confidential Information; (d) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation; or (e) any third party software and/or documentation provided to you by Insights Analytics and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation. Further, Insights Analytics agrees that you will not be bound by the foregoing confidentiality terms with regard to technical information about Insights Analytics pre-release software, services and/or hardware disclosed by Insights Analytics, except that you may not post screenshots of, write public reviews of, or redistribute any such materials.
Nondisclosure and Nonuse of Insights Analytics Confidential Information. Unless otherwise expressly agreed or permitted in writing by Insights Analytics, you agree not to disclose, publish, or disseminate any Insights Analytics Confidential Information to anyone other than to other Insights Analytics Vendors who are employees and contractors working for the same entity as you and then only to the extent that Insights Analytics does not otherwise prohibit such disclosure. Except for your authorized purposes as an Insights Analytics Vendor or as otherwise expressly agreed or permitted by Insights Analytics in writing, you agree not to use Insights Analytics Confidential Information in any way, including, without limitation, for your own or any third party’s benefit without the prior written approval of an authorized representative of Insights Analytics in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Insights Analytics Confidential Information. You acknowledge that unauthorized disclosure or use of Insights Analytics Confidential Information could cause irreparable harm and significant injury to Insights Analytics that may be difficult to ascertain. Accordingly, you agree that Insights Analytics will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies it may have. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose Insights Analytics Confidential Information, you may make such disclosure, but only if you have notified Insights Analytics before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as Insights Analytics Confidential Information.
Confidential Pre-Release Materials License and Restrictions. If Insights Analytics provides you with Pre-Release Materials, then subject to your compliance with the terms and conditions of this Agreement, Insights Analytics hereby grants you a nonexclusive, nontransferable, right and license to use the Pre-Release Materials only for the limited purposes set forth in this Section 6; provided however that if such Pre-Release Materials are subject to a separate license agreement, you agree that the license agreement accompanying such materials in addition to Sections 4 and 5 of this Agreement shall also govern your use of the Pre-Release Materials. You further agree that in the event of any inconsistency between Section 4 and 5 of this Agreement and the confidentiality restrictions in the license agreement, the license agreement shall govern. You agree not to use the Pre-Release Materials for any purpose other than testing and/or development by you of a product designed to operate in combination with the same operating system for which the Pre-Release Materials are designed. This Agreement does not grant you any right or license to incorporate or make use of any Insights Analytics intellectual property (including for example and without limitation, trade secrets, patents, copyrights, trademarks and industrial designs) in any product. Except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Insights Analytics intellectual property. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Pre-Release Materials to a human-perceivable form, and you will not modify, network, rent, lease, transmit, sell, or loan the Pre-Release Materials in whole or in part.
Vendor Content License and Restrictions. As an Insights Analytics Vendor, you may have access to certain proprietary content (including, without limitation, video presentations and audio recordings) that Insights Analytics may make available to you from time to time (“Content”). Content shall be considered Insights Analytics Confidential Information, unless otherwise agreed or permitted in writing by Insights Analytics. You may not share the Content with anyone, including, without limitation, employees and contractors working for the same entity as you, regardless of whether they are Insights Analytics Vendors, unless otherwise expressly permitted by Insights Analytics. Subject to these terms and conditions, Insights Analytics grants you a personal and nontransferable license to access and use the Content for authorized purposes as an Insights Analytics Vendor; provided that you may only download one (1) copy of the Content and such download must be completed within the time period specified by Insights Analytics for such download. Except as expressly permitted by Insights Analytics, you shall not modify, translate, reproduce, distribute, or create derivative works of the Content or any part thereof. You shall not rent, lease, loan, sell, sublicense, assign or otherwise transfer any rights in the Content. Insights Analytics and/or Insights Analytics’ licensor(s) retain ownership of the Content itself and any copies or portions thereof. The Content is licensed, not sold, to you by Insights Analytics for use only under this Agreement, and Insights Analytics reserves all rights not expressly granted to you. Your rights under this license to use and access the Content will terminate automatically without notice from Insights Analytics if you fail to comply with any of these provisions.
Compatibility Labs; Vendor Technical Support (VTS). As an Insights Analytics Vendor, you may have access to Insights Analytics’ software and/or hardware compatibility testing and development labs (“Labs”) and/or Vendor technical support incidents (“VTS Services”) that Insights Analytics may make available to you from time to time as an Insights Analytics Vendor benefit or for a separate fee. You agree that all use of such Labs and VTS Services will be in accordance with Insights Analytics’ usage policies for such services, which are subject to change from time to time, with or without prior notice to you. Without limiting the foregoing, Insights Analytics may post on the Site and/or send an email to you with notices of such changes. It is your responsibility to review the Site and/or check your email address registered with Insights Analytics for any such notices. You agree that Insights Analytics shall not be liable to you or any third party for any modification or cessation of such services. As part of the VTS Services, Insights Analytics may supply you with certain code snippets, sample code, software, and other materials (“Materials”). You agree that any Materials that Insights Analytics provides as part of the VTS Services are licensed to you and shall be used by you only in accordance with the terms and conditions accompanying the Materials. Insights Analytics retains ownership of all of its right, title and interest in such Materials and no other rights or licenses are granted or to be implied under any Insights Analytics intellectual property. You have no right to copy, decompile, reverse engineer, sublicense or otherwise distribute such Materials, except as may be expressly provided in the terms and conditions accompanying the Materials. YOU AGREE THAT WHEN REQUESTING AND RECEIVING TECHNICAL SUPPORT FROM VTS SERVICES, YOU WILL NOT PROVIDE INSIGHTS ANALYTICS WITH ANY INFORMATION, INCLUDING THAT INCORPORATED IN YOUR SOFTWARE, THAT IS CONFIDENTIAL TO YOU OR ANY THIRD PARTY. YOU AGREE THAT ANY NOTICE, LEGEND, OR LABEL TO THE CONTRARY CONTAINED IN ANY SUCH MATERIALS PROVIDED BY YOU TO INSIGHTS ANALYTICS SHALL BE WITHOUT EFFECT. INSIGHTS ANALYTICS SHALL BE FREE TO USE ALL SUCH INFORMATION IT RECEIVES FROM YOU IN ANY MANNER IT DEEMS APPROPRIATE, SUBJECT TO ANY APPLICABLE PATENTS OR COPYRIGHTS. Insights Analytics reserves the right to reject a request for access to Labs or for VTS Services at any time and for any reason, in which event Insights Analytics may credit you for the rejected lab or support request. You shall be solely responsible for any restoration of lost or altered files, data, programs or other materials provided.
Amendment; Communication. Insights Analytics reserves the right, at its discretion, to modify this Agreement, including any rules and policies at any time. You will be responsible for reviewing and becoming familiar with any such modifications (including new terms, updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions)(“Additional Terms”) communicated to you by Insights Analytics. All Additional Terms are hereby incorporated into this Agreement by this reference and your continued use of the Site will indicate your acceptance of any Additional Terms. In addition, Insights Analytics may be sending communications to you from time to time. Such communications may be in the form of phone calls and/or emails and may include, but not be limited to, membership information, marketing materials, technical information, and updates and/or changes regarding your participation as an Insights Analytics Vendor. By agreeing to this Agreement, you consent that Insights Analytics may provide you with such communications.
Term and Termination. Insights Analytics may terminate or suspend you as a registered Insights Analytics Vendor at any time in Insights Analytics’ sole discretion. If Insights Analytics terminates you as a registered Insights Analytics Vendor, Insights Analytics reserves the right to deny your reapplication at any time in Insights Analytics’ sole discretion. You may terminate your participation as a registered Insights Analytics Vendor at any time, for any reason, by notifying Insights Analytics in writing of your intent to do so. Upon any termination or, at Insights Analytics’ discretion, suspension, all rights and licenses granted to you by Insights Analytics will cease, including your right to access the Site, and you agree to destroy any and all Insights Analytics Confidential Information that is in your possession or control. At Insights Analytics’ request, you agree to provide certification of such destruction to Insights Analytics. No refund or partial refund of any fees paid hereunder or any other fees will be made for any reason. Following termination of this Agreement, Sections 1, 3-5, 7 (but only for so long as the duration specified by Insights Analytics for such usage), 10-19 shall continue to bind the parties.
Insights Analytics Independent Development. Nothing in this Agreement will impair Insights Analytics’ right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with, any other products, software or technologies that you may develop, produce, market, or distribute. In the absence of a separate written agreement to the contrary, Insights Analytics will be free to use any information, suggestions or recommendations you provide to Insights Analytics pursuant to this Agreement for any purpose, subject to any applicable patents or copyrights.
Use Of Insights Analytics Trademarks, Logos, etc. You agree to follow Insights Analytics’ trademark and copyright guidelines. (“Guidelines”) may be modified from time to time. You agree not to use the marks “DataPros” “ProSolutions,” “SolutionPros,” “Insights Analytics,” their respective logos or the Insights Analytics Logo, or any other marks belonging or licensed to Insights Analytics in any way except as expressly authorized in writing by Insights Analytics in each instance or as permitted in Insights Analytics’ Guidelines. You agree that all goodwill arising out of your authorized use of Insights Analytics’ marks shall inure to the benefit of and belong to Insights Analytics.
No Warranty. INSIGHTS ANALYTICS, AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “INSIGHTS ANALYTICS” DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN INSIGHTS ANALYTICS VENDOR (COLLECTIVELY, THE “SERVICE” FOR) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. INSIGHTS ANALYTICS CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, INSIGHTS ANALYTICS DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND INSIGHTS ANALYTICS DISCLAIMS ANY LIABILITY RELATED THERETO. INSIGHTS ANALYTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INSIGHTS ANALYTICS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST INSIGHTS ANALYTICS FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT INSIGHTS ANALYTICS MAKES ANY SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN INSIGHTS ANALYTICS VENDOR, YOU UNDERSTAND THAT INSIGHTS ANALYTICS IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, CORRECTIONS, REFUNDS, CREDITS, EXCHANGES, CHARGEBACKS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT INSIGHTS ANALYTICS MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.
Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL INSIGHTS ANALYTICS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM DELAY OF DELIVERY, FOR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, FOR BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF INSIGHTS ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL INSIGHTS ANALYTICS’ TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
Third-Party Notices and Products. Third-party software provided by Insights Analytics to you as an Insights Analytics Vendor may be accompanied by its own licensing terms, in which case such licensing terms will govern your use of that particular third-party software. Mention of third-parties and third-party products in any materials, documentation, advertising, or promotions provided to you as an Insights Analytics Vendor is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and Insights Analytics shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
Export Control. You may not use or otherwise export or re-export any Insights Analytics Confidential Information received from Insights Analytics except as authorized by United States law and the laws of the jurisdiction in which the Insights Analytics Confidential Information was obtained. In particular, but without limitation, the Insights Analytics Confidential Information may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By becoming an Insights Analytics Vendor or using any Insights Analytics Confidential Information, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use any Insights Analytics Confidential Information for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
Governing Law.This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. The parties further submit to and waive any objections to personal jurisdiction of and venue in any of the following forums: U.S. District Court for the Northern District of California, California Superior Court for Santa Clara County, Santa Clara County Municipal Court, or any other forum in Santa Clara County, for any disputes arising out of this Agreement.
Government End Users. Certain Insights Analytics Confidential Information may be considered “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Miscellaneous. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Insights Analytics, and no single waiver will constitute a continuing or subsequent waiver. This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of Insights Analytics. Any non-conforming assignment shall be null and void. If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter. No addition to or removal or modification of any of the provisions of this Agreement will be binding upon Insights Analytics unless made in writing and signed by an authorized representative of Insights Analytics. The parties hereto confirm that they have requested that this Agreement and all attachments and related documents be drafted in English. Insights Analytics and DataPros reserve the right to modify this agreement at any time. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.