Content Sales Policy
Scope of this Agreement
Analysis reports and Training Packs (collectively, the “Content") fall under the provisions of this Agreement. Analysis report means any content expressly designated as “Analysis” or “Report”, or “Analysis Report”, and which can be offered for subscription-dependent download or for sale. Training Pack means the audiovisual/textual works that can be purchased through IT-Enquirer.com and is part of IT-Enquirer.com.
IT Enquirer hereby grants to you a non-exclusive license to use the Content that you purchased on our site according to the provisions contained herein and subject to the payment of the applicable fees and adherence to the terms of this Agreement.
The rights granted under this Agreement are effective only upon payment of the fee, which is strictly non-refundable other than as expressly provided herein.
IT Enquirer endeavours to provide the highest quality content to its customers. To that end, IT Enquirer reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site and Content sold, including, without limitation, the content, availability, access and/or the terms of this site, in whole or in part. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this site.
Content buyer expressly agrees to refrain from doing, either personally or through an agent, any of the following:
Transmit, install, upload or otherwise transfer the Content to another computer than the one used to download the Content;
Give away, resell, offer for sale on eBay, or otherwise transfer the rights of usage of the Content without prior written or e-mailed authorization by IT Enquirer to do so;
Permit or provide others access to your subscription information using your user name or password or otherwise;
Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content included with the Training Pack;
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Content;
Engage in any other conduct which violates the Copyright Acts or other laws of the United States, the United Kingdom, and the European Union.
Warranties
IT Enquirer warrants that the Content will substantially achieve the functionality described. IT Enquirer does not warrant, however, that your use of the Content will be uninterrupted or that the operation of the Content will be error-free or secure.
IT Enquirer’s sole liability for any breach of this warranty shall be, in its sole discretion: to advise you how to achieve substantially the same functionality with the Content as described or if the above remedy is impracticable, to refund the fee you paid for the Content. Only if you inform IT Enquirer of your problem with the Content within thirty (30) days of discovering the problem will IT Enquirer be obligated to honour this warranty. IT Enquirer will use commercially reasonable efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified.
If any modifications are made to the Content by you during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Content is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Content was designed to be used as described.
THE CONTENT IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL IT ENQUIRER OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT IT ENQUIRER RECEIVED FROM YOU FOR A LICENSE TO THE CONTENT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL IT ENQUIRER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT IT ENQUIRER RECEIVED FROM YOU FOR A LICENSE TO THE CONTENT, EVEN IF IT ENQUIRER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF IT ENQUIRER, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IT ENQUIRER IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF IT ENQUIRER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.
Third Party Content
You acknowledge that IT Enquirer does not pre-screen third party materials. IT Enquirer is not the publisher or speaker of any information in the Content that is provided by third party providers, and IT Enquirer is not liable for any claims related to such information.
For provisions with regards to Jurisdiction e.a., see the IT Enquirer Terms of Use.
