Website Usage Agreement & End User Terms of Use
1. General
1.1 These terms and conditions (“Terms of Use”) governs the use of Esgian’s website and mobile application (hereinafter referred to as the “Platform”) which are used by you (“you” or “End User”) to access a free service or services provided under a subscription license (collectively “Subscription Service”). End Users are granted access to the Platform based on the Subscription License Agreement between the legal entity providing End User with access and Esgian AS, (and/or its affiliates) (“Esgian”).
1.2 Esgian reserves the right, in its sole discretion, to change or modify all or any part of these Terms of Use at any time, effective immediately upon notice published on the Esgian Platform. Any use of the Platform by End User constitutes binding acceptance of these Terms of Use, including any changes or modifications made by Esgian as permitted above. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease use of the Service and contact Esgian at accounts@esgian.com.
1.3 Access to database download features and other applicable features are granted via the Subscription License Agreement. The specific terms for which a Subscription Service is granted under is found in the subscription license agreement for that particular Subscription Service.
2. Use of Content
2.1 You acknowledge that a Subscription Service may provide you with access to data, information, software, photographs, graphics, links and other material (collectively, the “Content“) that is protected by copyright, trade-mark, unregistered trade-mark or other proprietary rights of Esgian or third parties, including but not limited to product names, logos, designs, and words or phrases which may be registered in certain jurisdictions. You acknowledge that the author, owner or provider of the Content will remain the owner of all rights, titles, and interests in and to the Content, including without limitation all copyrights, trade-marks and other intellectual property rights. You agree to comply with any additional copyright, trade-mark or other notices and restrictions contained in or on any of the Content. Further, you agree that you may use the Content only for your internal company use.
2.2 You may not modify, publish, communicate, translate, adapt, sell or otherwise transfer, reproduce, create derivative works from, distribute, perform or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in these Terms of Use and the specific terms for a Subscription Service.
2.3 A limited publishing permission is granted to companies publishing research which includes the publishing of Content in summaries and conclusions or in derived work. Reproduction and replication of a substantial part (more than 10%) of the Esgian Content is strictly prohibited.
2.4 You acknowledge that any Content which are used by you in any report, article, derived work, memo, presentation or any other work product published or submitted to any third-party, End User, in such published or submitted material, shall expressly cite and credit “Esgian” as the source of such pertinent Content.
2.5 You acknowledge that your right to use Content related to a Subscription Service will expire on the date the applicable license for the Subscription Services ends or when you no longer comply with these Terms of Use. You accept and confirm that you will delete any and all Content (including back-ups) which you have downloaded, printed or otherwise which is in your possession, upon any termination or expiry of the Subscription License Agreement, regardless of cause.
2.6 You acknowledge that Esgian is granted an unlimited right to use any input (including data, information, software, photographs, graphics, links and other material that is protected by copyright, trade-mark, unregistered trade-mark or other proprietary rights) made available by End User on the Platform or in association with the Subscription Service, including the right to alter or transfer such input, however, Esgian’s right will at all times be subject to the applicable regulations in the Norwegian Copyright Act.
Esgian may at any time terminate your right to access the Platform in case of a material breach of these Terms of Use.
3. Reliance on Content at your sole risk
3.1 Esgian does not warrant or represent its Content to be error-free. While the Content is believed and intended to be accurate at the time it is made available on the Platform or in association with a Subscription Service, due to the underlying nature of the type of data and information provided, its accuracy or complete reliability cannot be guaranteed.
3.2 You acknowledge and agree that your reliance on any Content provided on the Platform or in association with a Subscription Service will be at your sole risk.
4. Indemnity
4.1 You agree to indemnify, defend and hold Esgian and its affiliates, and their respective officers, directors, owners, and information providers (collectively, the “Esgian Parties“) harmless from and against any and all claims, liability, losses, costs and expenses (including costs and legal fees) incurred by any Esgian Party in connection with any use or alleged use of the Platform and/or a Subscription Service under your username by any person, whether or not authorized by you.
5. Data protection
5.1 The collecting and processing of your personal data is described in our Privacy Policy found here.
6. Limitation of liability
6.1 Notwithstanding any other clause or any other terms and conditions, Esgian total liability for any and all claims shall under no circumstance exceed the total price of one annual subscription rate for the relevant Subscription Service. Furthermore, Esgian shall under no circumstances be liable for loss of profit, indirect damages or consequential loss.
7. Governing law and legal venue
7.1 These Terms of Use shall be governed by and construed in accordance with the laws of Norway, and with Oslo District Court (Oslo tingrett) as legal venue.
