References to the “Services” in this Agreement shall include references to the Content where the context permits. The term “Content” includes any data, text, or information provided or otherwise made available on or through SP’s website www.researchanalytic.co & its online database https://researchanalytic.co/portal/login, both which refers to as “the Site”. “SP” (Service Provider) refers to Research Analytic. “SR” (Service Recipient)/”Authorized User”, refers to You individually, being current full time/part-time student, current faculty or PhD/MPhil researcher, who is granted the license under this Agreement. In signing this agreement, SR is agreeing to be bound by the terms and conditions of access set out in this agreement.
1. License
(a) Subject to the terms and conditions of this Agreement, SP hereby grants to SR a limited, non-exclusive, non-transferable license to access and use the Services, described and elaborated on its website page, “Data Coverage”, accessible at: https://researchanalytic.co/data-and-pricing, via the Site in connection with SR’s academic research activities only.
2. Service
The Service includes:
(a) Access to the Services for which SR is licensed and verified
(b) The Services are solely and exclusively for academic research purposes only and shall not be used for any illegal purpose or in any manner inconsistent with the Terms of this Agreement. SR acknowledges that the Services were developed, compiled, prepared, selected and arranged by SP through the expenditure of substantial time, effort and money and constitute valuable intellectual property and trade secrets of SP. SR agrees to protect the proprietary rights of SP during and after the Term. SR acknowledges and agrees that it has no ownership rights in and to the Services and that no such rights are granted under this Agreement. SR shall honor and comply with all written requests made by SP to protect their contractual, statutory and common law rights in the Services with the same degree of care used to protect its own proprietary rights, which in no event shall be less than reasonable efforts.
3. Authorized User Account Creation for SR
(a) As part of the process to become Authorized User, SR is required to provide SP the following information, necessary to obtain access to the Service:
(b) SP will then select a username and password for SR account. SR can update its password at any time. SR is responsible to inform SP of any changes to the above-mentioned information. Our staff of technical specialists may be reached at support@researchanalytic.co
4. Roles and Responsibility
(a) SR agree to the following:
(b) SR agrees to notify SP in writing promptly upon becoming aware of any unauthorized access or use through its authorized user account. SR may use the Services solely for its research purposes and may not use the Services for any development purposes or to develop any applications, software or otherwise that could in any way interact or interfere with the performance of the Services or any portion thereof.
5. Restrictions on Use of the Services
(a) SR may not:(b) Data limits
Each user has a monthly downloading limit. The monthly download limit is 35 downloads per month. Once a monthly downloading limit is reached, the user has to wait until the beginning of the next month before it resets. In one data request, the user can select up to a maximum of 14 firms, 4 years and 10 variables. It is highly recommended to download only the necessary data in order to avoid exceeding the monthly downloading limit.
6. Term and Termination
Initial and Renewal Terms
(a) The initial term of this Agreement begins on the “Effective Date” and shall continue for a period of six months (semi-annual) (the “Initial Term”). The “Effective Date” is the subscription payment date made by the SR. If this Agreement is so renewed for successive six month period, any additional charges payable for such renewal period shall be calculated at the prevailing rates then offered by SP, and the Schedule shall be considered to be amended accordingly.
Termination
(a) SR shall have the right to terminate this Agreement at any time upon not less than 14 days' prior written notice to SP. SR shall have no right to obtain any refund for the subscription fees SR have paid.
(b) SP reserve the right to restrict SR access to all or part of the Services without notice in its reasonable discretion if it deems that SR have engaged in any conduct or activities that SP in its reasonable discretion believes violates any of these Terms. SR shall have no right to obtain any refund or credit for the subscription fees SR have paid if SP denies or restrict SR access to the Services because of such a violation. Upon termination, SP reserves the right to delete all of SR information stored on its’ databases and all the information stored for such Account.
(c) all rights granted hereunder to SR shall immediately cease, and SR shall immediately cease all access to the Data; provided, however, that SR may retain any Data downloaded prior to the effective of termination and use such Data in accordance with the terms of this Agreement.
7. Charges.
(a) SR agrees to pay SP the subscription charges set forth on the invoice. Subscription payment is due 7 days from the acceptance date of this Agreement.
(b) SR shall pay SP the advance annual fee set forth on the invoice (including any applicable taxes). All Fees are non-refundable. SP reserves the right to change the Fee for any Renewal Term on at least thirty (30) days’ notice prior to the commencement of such Renewal Term.
8. Content and License
The Site is owned and operated by SP. Using the Site does not give SR ownership or license of any intellectual property rights in the Site or in any Content accessed on or through the Site. Should SR choose to access or download any Content from the Service, they must do so in accordance with these Terms and Conditions as per this Agreement. Use, reproduction, modification, distribution or storage of any Content for other than academic research purpose is expressly prohibited. SR shall not sell, license, rent, otherwise use or exploit any Content for commercial use or in any way that violates the terms in this agreement.9. Disclaimer of warranties
SP WILL DO ITS UTMOST TO UPDATE THE DATA AS OFTEN AS POSSIBLE, BUT ASSUME NO RESPONSIBILITY FOR ANY LOSSESS CAUSED BY THE TIMELINESS OF THE DATA. SR AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN SOLE RISK. ALTHOUGH THE CONTENT HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE (PUBLISHED ANNUAL REPORTS OF LISTED FIRMS), IT IS PROVIDED THAT THE SITE AND ANY CONTENT, INFORMATION OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.10. Limitation of liability and damages
IN NO EVENT SHALL SP, ITS EMPLOYEES, ITS SERVICE PROVIDERS OR ITS CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT ACCESSED ON OR THROUGH THE COMPANY’S SITE, PERFORMANCE OR NONPERFORMANCE OF THE SITE, OR FOR ANY MATTER BEYOND THE COMPANY’S REASONABLE CONTROL.
11. Miscellaneous
SP to the best of its ability shall maintain and keep the Site in good working order and condition so that it will perform its functions satisfactorily. SP WILL ATTEMPT TO PROVIDE THE SERVICES AT ALL TIMES EXCEPT FOR PERIODS FOR MAINTENANCE AND UPDATES. HOWEVER, DUE TO A VARIETY OF FACTORS BEYOND ITS CONTROL INCLUDING EMERGENCIES, THIRD-PARTY SERVICE FAILURES, EQUIPMENT OR NETWORK PROBLEMS OR LIMITATIONS, THE SERVICES MAY BE SUBJECT TO UNAVAILABILITY. NOTWITHSTANDING THE FOREGOING, SP SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE THIRD-PARTY COMMUNICATIONS NETWORK THROUGH WHICH SR ACCESSES THE SERVICES AND SR SHALL INDEMNIFY AND HOLD THEM HARMLESS AGAINST ANY LOSS, CLAIM, DEMAND OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING IN CONNECTION WITH THE USE OF SUCH THIRD-PARTY COMMUNICATIONS NETWORK. SR shall take reasonable steps to prevent abuse to the Services offered. To the maximum extent permitted by law, none of SP, its Affiliated Companies or its and their suppliers or third-party agents shall be responsible or liable, contingently or otherwise, for any personal injury or property damage arising out of the installation, relocation, maintenance, use or removal of the Services.
12. Complete Agreement: Modifications or Waivers
This Agreement is the complete and exclusive statement of the agreements between the parties with respect to the subject matter hereof and supersedes any oral or written communications or representations or agreements relating thereto. No changes, modifications or waivers regarding this Agreement shall be binding unless in writing and signed by the parties hereto. For inquiries, SR should contact SP, or any successor operating agent or other party as specified by SP from time to time.
13. Validity
SP and SR intend this Agreement to be a valid legal instrument. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted by law. The headings in this Agreement are intended for convenience of reference and shall not affect its interpretation.