Eula

[av_section min_height=’custom’ min_height_px=’350px’ padding=’default’ shadow=’triangle-top’ bottom_border=’no-border-styling’ section_class=” id=” color=’alternate_color’ custom_bg=’#12497a’ src=’http://localhost/avasant/wp-content/uploads/2015/12/hero-wws.png’ attachment=’125′ attachment_size=’full’ attach=’parallax’ position=’top center’ repeat=’no-repeat’ video=” video_ratio=’16:9′ overlay_opacity=’0.5′ overlay_color=” overlay_pattern=” overlay_custom_pattern=” custom_class=’partners_banner’ av_uid=’av-21ttrob’]
[av_heading heading=’End User License Agreement’ tag=’h1′ style=’blockquote modern-quote modern-centered’ size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=” custom_class=” admin_preview_bg=” av_uid=’av-1j5j3dn’][/av_heading]
[/av_section]

[av_section min_height=” min_height_px=’500px’ padding=’default’ shadow=’no-shadow’ bottom_border=’no-border-styling’ scroll_down=” section_class=” id=” color=’main_color’ custom_bg=” src=” attach=’scroll’ position=’top left’ repeat=’no-repeat’ video=” video_ratio=’16:9′ video_mobile_disabled=” overlay_enable=” overlay_opacity=’0.5′ overlay_color=” overlay_pattern=” overlay_custom_pattern=” av_uid=’av-1dg09cr’]
[av_textblock size=” max_width=” font_color=” color=” av_uid=’av-31qsuz’]

End User License Agreement

RadarView^TM

This End User License Agreement (“EULA”) is a legal agreement between the entity signing, ‘click accepting’, or accepting by use of the applicable Products hereof, as the “Customer” and Avasant, LLC, or one of its subsidiaries or affiliated entities (“Avasant” or the “Avasant”) concerning various subscription software as a service (SaaS) products, inclusive of RadarView^TM. RadarView^TM and other SaaS products offered by Avasant are inclusive of related reports, publications, assessments, and other features, outputs and deliverables comprising Avasant’s proprietary research, analytics, assessment and such other products offerings (hereinafter the “Product(s)”). This EULA applies to the party accepting the terms of this EULA as the “Customer” and to all authorized End Users (as defined below). Customer’s (and each End User’s) right to access and use the Product(s) is subject to the Customer’s acceptance of the terms and conditions set forth in this EULA. If a Customer signs a separate commercial agreement with Avasant to license or use any of the Products, this EULA will be incorporated into such commercial agreement by reference.

Customer and each authorized End User acknowledges and agrees that access to the Product(s) is solely based on Customer’s acceptance of this EULA and End User’s status as an authorized End User of the Customer. For the purposes of this EULA, an “End User” is (a) any employee, contractor or agent of Customer that has been authorized by Customer to use the Product, (b) any corporate affiliate or franchisee of the Customer, and approved employees or contractors of such affiliate or franchisee, or (c) a Customer approved third party (and approved employees or contractors of such third party), with whom Customer has an agreement in which such third party agrees to meet confidentiality and nondisclosure standards that are no less restrictive than Customer itself observes; and, provided further, that Avasant approves such End User’s access and use of the Products. “Customers” will include authorized individuals, corporations, non-profit, or public sector entities.

Any termination of this EULA will immediately terminate the Customer’s and each applicable End User’s rights to use the Product(s). Any termination of an End User’s contractual or employment relationship with the Customer will immediately terminate such End User’s rights to access and use the Product(s) herein. Any violation of the terms and conditions of this EULA will entitle the Avasant to suspend or terminate this EULA or an End User’s right to use the Product(s).

The Product(s) includes all component parts, software and hardware driven platforms, service components, the associated media, any printed materials, reports, surveys, and other written output any updates, and any “online” or electronic documentation, as applicable. By registering, accessing, installing, copying or otherwise using the Product(s), Customer and each End User agree to be bound by the terms of this EULA. If Customer or an End User does not agree to the terms hereof, Avasant is unwilling to make the Product(s) available for use. In such event, Customer or the End User may not access, use, download, transfer, reverse engineer, copy or make any commercial use of the Product(s). WRITTEN ASSENT IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS EULA.

________________________________________________________________________________

1. License
   1. License Grant.
      1. 1. Subject to the payment of all applicable license fees, the scope of the license tier purchased by the Customer, and acceptance of the terms and conditions of this EULA, Avasant hereby grants to Customer a limited, non-sublicensable, non-exclusive, non-transferable right to access, use and or receive the benefit of the Product(s) as made accessible for the following limited purposes:
            1. To use the Product(s) only for internal research purposes;
            2. To download reports and other content derived from the Product(s) for internal use provided that all copyright and trademark notices and legends remain intact and that do not violate usage guidelines or trademark and copyrights in such reports; and
            3. To provide access to authorized End Users (subject to Avasant approval) for the same.
            4. The license is limited to the rights accorded to the metal tier license purchased by Customer as indicated in the Pricing Exhibit attached hereto and incorporated herein by reference (e.g., Gold, Silver, Bronze).

      No excerpts, copies, edits, citations, references, reprints, reproduction, republishing or re-purposing for commercial or any other use of the reports or other content derived from the Product(s) may be done without Avasant’s prior written consent, and without payment of the applicable license fees. Any such unauthorized uses in violation of this clause will immediately terminate the license set forth herein. Failure to pay applicable license fees will also result in immediate termination of the licenses set forth herein. If Customer wishes to cite, use, reprint, reproduce, republish, market or promote RadarView^TM reports or findings for commercial or any other use, Customer is required to purchase a licensing package, the Terms of Use of which shall be set forth in a separate license agreement between Customer and Avasant.

      1. Where applicable, Customer will provide registration information, login and activate an account to enable Customer, and each End User, to use the Product(s) pursuant to the terms of this EULA. Documentation shall include, but not be limited to, any printed materials, “online” or electronic data provided by or obtained from Avasant with regard to this Product(s) (“Documentation”). Customer and End Users may not:
         1. Provide passwords for access to the Product(s) two more than the maximum number of permitted End Users;
         2. Share or loan passwords to obtain access to the Product(s);
         3. Distribute, post or publish articles, reports, or other outputs of the Product(s) (or excerpts thereof) except as authorized by Avasant in writing.
   2. Installation and Use. The Product(s) will be accessible through the Internet as it is hosted by Avasant on its own or leased servers. Accordingly, it may be made available for access by other computers, workstations, personal digital assistants, pagers, “smart phones,” or such other electronic device for which the Product(s) was designed (“Customer Devices”) subject to Avasant’s standard access controls.
2. Term
   1. The term of this EULA will run for a period of one (1) year from the Effective Date, subject to annual renewal and payment of the applicable license fees. Upon any termination of the Agreement or other termination of this EULA, Customer’s rights (and the rights of any End User) to use the Product(s) will terminate.
   2. Customer and its End Users are responsible for strict compliance with any and all of the terms and conditions of this EULA.
   3. This EULA will be subject to automatic termination by Avasant if Customer or any End User fails to comply with any of the limitations or other requirements described herein, and such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to Avasant. When this EULA terminates, Customer and all End Users must immediately cease using the Product(s). Avasant further reserves the right to immediately cancel access to the Product(s). Customer may terminate this EULA at any point by providing written notice; provided, however, that Avasant will be entitled to invoice for any remaining fees owed for the duration of the then-current term.
3. Modification and Discontinuance. The Product(s) are subject to change, revision, modification or discontinuance without notice and without any obligation to Customer or any authorized End Users. Support and Maintenance services, if applicable and offered, are available at an additional cost under a separate agreement.
4. Ownership Rights. The Products and Documentation are protected by United States and international copyright laws, trademark laws and other intellectual property laws, and international treaty provisions. Avasant and its third party licensors, if any, retain all title to and, except as expressly and unambiguously licensed herein, all rights and interest in (a) the Product(s), including, but not limited to, all copies, versions, customizations, compilations and derivative works thereof (by whomever produced) and all related Documentation; (b) the Avasant trademarks, service marks, trade names, icons and logos; (c) any and all copyright rights, patent rights, trade secret rights and other intellectual property and proprietary rights throughout the world in the foregoing; and (d) all Confidential Information (as defined in herein). Customer acknowledges that possession, installation, or use of the Product(s) does not transfer to it (or any End User) any ownership, title, or registrable interest of any kind to the intellectual property in the Product(s), and that Customer will not acquire any rights to the Product(s) except as expressly set forth in this EULA.
5. Restrictions. Customer and its End Users may not rent, lease, sublicense, loan, sell, distribute, market, or commercialize or otherwise exploit any portion of the Product(s) or its components. Customer may only install and use the Product(s) on Customer Devices which are under Customer’s exclusive control. Customer may not transfer any or all of the rights granted under this EULA. To the maximum extent this restriction is permitted under applicable law, Customer may not rename files of, modify, translate, localize, decompile, disassemble, decrypt, reverse engineer, attempt to derive source code from, remove any proprietary notices from, or create derivative works based upon the Product(s), in whole or in part. Customer may not duplicate or copy any portion of the Product(s) or Documentation, unless otherwise set forth herein. Customer may not remove any proprietary notices or labels on the Product(s), including, but not limited to, the Avasant and product names wherever they may appear. All rights not expressly set forth hereunder are reserved by Avasant. Avasant reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this EULA.
6. Warranty and Disclaimer.
   1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT(S) (AND ACCOMPANYING DOCUMENTATION) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR SELECTING THE PRODUCT(S) TO ACHIEVE ITS INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT(S). WITHOUT LIMITING THE FOREGOING PROVISIONS, AVASANT MAKES NO WARRANTY THAT THE PRODUCT(S) WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT(S) WILL SATISFY SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVASANT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT(S). SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
   2. Indemnification. Customer agrees to defend, indemnify and hold harmless Avasant and its directors, officers, employees, affiliates, sub-licensees, and agents from and against all claims, defense costs (including reasonable expert and attorneys’ fees), judgments and other expenses arising out of or on account of any negligent act, omission, or willful misconduct by Customer or its End Users with respect to the installation or use of the Product(s), or failure to comply with the terms and conditions of this EULA.
   3. Data. CUSTOMER ACKNOWLEDGES THAT ANY DATA ENTRY, CONVERSION OR STORAGE IS SUBJECT TO THE LIKELIHOOD OF HUMAN AND MACHINE ERRORS, MALICIOUS MANIPULATION, OMISSIONS, DELAYS, AND LOSSES, INCLUDING, BUT NOT LIMITED TO, INADVERTENT LOSS OF DATA OR DAMAGE TO HARDWARE OR OTHER MEDIA THAT MAY RESULT IN LOSS OR DAMAGE. AVASANT SHALL NOT BE LIABLE FOR ANY SUCH ERRORS, OMISSIONS, DELAYS, OR LOSSES. CUSTOMER IS RESPONSIBLE FOR ADOPTING REASONABLE MEASURES TO LIMIT THE IMPACT OF SUCH PROBLEMS, INCLUDING BACKING UP DATA, AND ADOPTING PROCEDURES TO IDENTIFY AND CORRECT ERRORS AND OMISSIONS. CUSTOMER IS ALSO RESPONSIBLE FOR COMPLYING WITH ALL LOCAL, STATE, AND FEDERAL LAWS PERTAINING TO THE USE AND DISCLOSURE OF ANY DATA.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL AVASANT BE LIABLE TO CUSTOMER, AN END USER, TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FOR PERSONAL INJURY, LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PRODUCT(S), OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY AVASANT, AND EVEN IF AVASANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AVASANT BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF US $5000. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. Entire Agreement. This EULA, inclusive of any appendices and other documents incorporated herein by reference, constitutes the Parties’ entire agreement and understanding and supersedes all prior communications, understandings, representations, negotiations and discussions, written or oral, between the parties regarding the subject matter hereof. This EULA shall prevail over any additional, conflicting, or inconsistent terms. Any waiver, modification or amendment to this Agreement must be in writing and signed by both Parties. This Agreement shall inure to the benefit of successors, executors, and assigns.
9. Dispute Resolution. Any dispute relating to or arising under this EULA or the use of the Product(s) or its accompanying documentation shall be resolved in accordance with the applicable terms of the Agreement.
10. Severability. If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
11. Export Controls. Customer acknowledges that the Product(s) may be subject to export controls imposed by U.S. laws and regulations. During the term of this EULA, Customer agrees to comply with the U.S. Foreign Corrupt Practices Act and with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or foreign agency or authority, and not to knowingly export, re-export, download, or allow the export, re-export or downloading of the Product(s) or Documentation and any underlying information or technology in violation of any such restrictions, laws or regulations to any country (or to any national of such countries) specified in embargo provisions and other applicable provisions of U.S. Export Administration Regulations (or any successor regulations or supplement.
12. Confidentiality. Customer (on behalf of itself and its End Users) agrees that the Product(s), including, but not limited to, all source and object code components, screen shots and displays, graphical user interfaces, algorithms, formulae, data structures, scripts, application programming interfaces and protocols, and the Documentation (collectively the “Confidential Information”) are trade secrets and proprietary information of Avasant and are owned by Avasant or, where applicable, its third-party licensors. Customer agrees to retain all Confidential Information in strict confidence at least with the same amount of diligence that it exercises in preserving the secrecy of its most-valuable information, but in no event less than reasonable diligence. Customer agrees to: (a) only disclose Confidential Information to its employees and agents to the extent required to use the Product(s) under the terms of this EULA and not to disclose or disseminate the Confidential Information to any third party without the prior written consent of Avasant, (b) use the Confidential Information solely for its benefit as provided for herein and not to allow any third party to benefit from the Confidential Information, and (c) bind its End Users, employees and agents, by terms no less restrictive than those set forth herein, to maintain the confidentiality of such Confidential Information, and not use or disclose such information except as permitted under this EULA. Notwithstanding the disclosure of any Confidential Information for any reason, such Confidential Information shall continue to be owned by Avasant or its licensors.
13. Miscellaneous. This EULA is exclusively governed by the laws of the United States and the State of California without reference to conflicts of law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are expressly excluded. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by a duly authorized representative of Avasant. Customer hereby acknowledges a breach of this EULA would cause irreparable harm and significant injury to Avasant that may be difficult to ascertain and that a remedy at law would be inadequate. Customer agrees that Avasant shall have the right to seek and obtain immediate injunctive relief to enforce the obligations under this EULA in addition to any other rights and remedies it may have. The controlling language of this EULA is English.
14. Avasant Customer Contact. If Customer has any questions concerning these terms and conditions, or would like to contact Avasant for any other reason, please call 310-643-3030, or write to us at: Avasant, LLC 1960 E. Grand Ave., Ste. 1050, El Segundo, CA 90245.

APPENDIX 1

Subscription License and Additional Terms

The Subscription License and Additional Terms are hereby incorporated into the EULA and are further subject to the terms and conditions of the Agreement.

1. General. These Subscription License and Additional Terms apply with respect to Customer’s (and its End Users’) use of the Avasant’s web site(s) and the activities and transactions conducted through such Avasant web site(s) with respect to the Products.
2. Submissions. Should Customer (or its End Users) decide to submit any materials to Avasant via electronic mail, through or to Avasant website(s), or otherwise, whether as feedback, data, questions, comments, ideas, concepts, techniques, suggestions or the like, Customer agrees that such submissions are unrestricted and shall be deemed non-confidential upon submission. Customer grants to Avasant and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, commercialize, display and perform such submissions.
3. Acceptance of Terms. Acceptance of the terms and conditions of the EULA and paying the applicable fees for the use of the Products is a prerequisite to the right to use them. BY CLICKING THE “I ACCEPT” BUTTON OR OTHERWISE EXECUTING THIS AGREEMENT WITH AVASANT, CUSTOMER (AND ITS END USERS) ACKNOWLEDGE AND AGREE THAT CUSTOMER (AND EACH SUCH END USER) HAS READ AND ACCEPTED THIS EULA. IF CUSTOMER (OR AN END USER) DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE TO ALL THE TERMS AND CONDITIONS HEREOF, DO NOT EXECUTE THIS AGREEMENT OR CLICK THE “I ACCEPT” BUTTON AND DO NOT USE THE PRODUCTS.
4. Acceptance of Web Site Terms of Use and Acknowledgement of Privacy Policy. In connection with the use of Product licenses available through Avasant Web Sites, Customer (and its End Users) hereby agree to comply with the Terms of Use for the Avasant’s web sites, and to acknowledge the Privacy Policy. Avasant reserves the right to update the Terms of Use and Privacy Policy in its discretion. Under applicable law, Customer (or its End Users) may be required to provide an affirmative Opt-In or Opt-Out to enable the Avasant to perform certain tasks or provide certain services to Customer or its End Users. Such requirements are set forth in the Terms of Use and the Privacy Policy.
5. Minimum Age Requirement. The Product(s) and the web site are not available for use by persons under the age of 18 or to any users previously suspended or removed by Avasant. CUSTOMER HEREBY REPRESENTS THAT ITS END USERS ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM USING THE PRODUCT(S), OR THE AVASANT WEB SITE.
6. Description. To use the SaaS Products, Customer may need to obtain access to the World Wide Web, either directly or through Customer Devices that access web-based content, and pay any fees associated with such access. Customer must provide all equipment necessary to make such connection to the World Wide Web, including a computer and a dedicated Internet access line or other access device. Avasant is not responsible for and shall have no liability with respect to any claims relating to Customer’s (or its End Users’) ability, or lack thereof, to connect to the Avasant’s network or System and access and use the Products.
7. Modifications to or Discontinuation of the Product(s). Avasant reserves the right at any time and from time to time to modify, temporarily or permanently, the Avasant web site (or any part thereof). Renewal Term (as such terms are defined in the Agreement). Customer agrees that Avasant shall not be for any modification, suspension or discontinuance of the Product(s), under the terms herein.
8. User Conduct and System Integrity. The Products may allow Customer (or its End Users) to send electronic communications directly to Avasant and to third parties. Customer agrees to comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Product(s), including, without limitation, those related to privacy, electronic communications, and anti-spam legislation. Customer will not send any electronic communications from the Product(s) for any purpose, that are unlawful, abusive, harassing, libelous, defamatory, obscene, or threatening.
9. Special Admonitions for International Use. Customer agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data or data containing personally identifiable information exported from the United States or the country in which Customer or its End Users reside.
10. Usernames and Passwords. Usernames and passwords are confidential and Customer (or its End Users) may not disclose passwords to or share usernames with any unauthorized third parties. Customer is responsible for maintaining the confidentiality of account information and must immediately notify Avasant of any unauthorized use such account or any other breach of security. Customer will be responsible for all activities that occur under usernames, passwords or accounts (inclusive of End Users).
11. Links to Third-Party Sites and Third Party Content. Avasant’s web site(s) may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Avasant has no control over such sites and resources, Customer acknowledges and agrees that Avasant is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Customer further acknowledges and agrees that Avasant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, or services available on or through any such site or resource.
12. Advertising and Promotions. Correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Avasant web site(s), or through participation in mailing lists, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Customer and such advertiser. Customer agrees that Avasant shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Avasant web site(s).
13. Compliance with Applicable Laws. Customer shall comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Avasant web site(s), the Product(s), and posting and retrieval of Customer content (including without limitation those governing interstate commerce, export control, unfair competition, or false advertising). If there are applicable fees and taxes incurred to buy products, including without limitation all applicable sales, use, gross receipts, and excise taxes, Customer is solely responsible for payment.
14. Content Disclaimer.
    1. Customer, and not Avasant, is entirely responsible for all Customer (and End User) content that is uploaded, posted or otherwise transmitted via the Avasant web site. Such Customer content may include, but shall not be limited to, the following: information, data, text, music, sound, photographs, graphics, video, messages, trade-names, trademarks, service names and other proprietary marks or other materials that Customer or End Users each upload, post or otherwise transmit via the Avasant’s web site(s). Additionally, such content may include responses to surveys, comment forms, intake or sign-up forms, customer satisfaction surveys, product evaluation forms.
    2. Avasant does not control such Customer content and, as such, does not guarantee the accuracy, integrity or quality of such content. Customer agrees that it will be responsible for posting and communicating a privacy policy that is consistent with the terms of use to its End Users. Avasant reserves the right to take any action it deems appropriate with respect to posted content. Such action is taken at the sole discretion of Avasant and may include, but not be limited to, withdrawal or removal of any Customer content without notice or termination of rights of use. Avasant does not make any warranty or representation regarding the accuracy of any content submitted by users or third parties or regarding whether the Content infringes third party intellectual property rights or rights of privacy.
    3. Customer acknowledges and agrees that hardware, SaaS Products and other solutions provided by Avasant may monitor, track and collect data relating to passive, incidental use of, or interaction with the Product(s) (and related products or services). Such data may include the following: (i) photographs, audio, video, textual or digital data related to use of the Product(s), (ii) the entry, or collection, of raw visual, textual and machine data relating to use of the Product(s), including (1) data entered or collected from use of Customer Devices or other computer workstations, laptop computers, devices and equipment, and web enabled devices which enable an individual to connect to and use the Product(s), (2) data entered or collected from video enabled equipment which provides audio or video capture of such use. Avasant will only use such content in compliance with applicable law and the Privacy Policy.
15. License Fees – Reprint, Re-Publish, Re-Use, Citation, Marketing, Promotion Rights/Custom Reports. Customer is required to purchase a licensing package if it cites, uses, reprints, reproduces, republishes, markets or promotes RadarView^TM reports or findings for commercial or any other use, the Terms of Use of which shall be set forth in a separate license agreement between Customer and Avasant. In addition, Customer may also separately purchase a license to post a RadarView^TM report in its entirety on its web site or distribute such report in hard copy or soft copy formats, or to request a customized report. All licensing fees are set forth in the RadarView^TM packages available at https://avasant.com/radarview-packages/. Payment of the license fees will be due immediately upon selection of a RadarView^TM Reprints, citations, or republications or any other use of RadarView^TM material do not constitute a grant of copyright or ownership of such material. Avasant reserves the right to invoice Customer for the applicable license fees and late fees of up to 5% per month in the event Customer makes a chargeable use of RadarView^TM or any other Avasant Product. All rights not expressly granted herein are hereby reserved to Avasant and its licensors. Any citation, use, marketing or promotion of Radarview without attribution to, or approval by, Avasant is unauthorized.

[/av_textblock]
[/av_section]