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LES HTS Royalty Rates and Deal Terms Survey

TERMS OF USE

About these Terms

These Terms of Use govern your use of LES Royalty Rate Survey, including all use, submissions and purchases that you make from the service such as the LES Royalty Rate Survey. LES Royalty Rate Survey is provided by the Licensing Executives Society, US-Canada Inc.  Licensing Executives Society US-Canada, Inc. , 11130 Sunrise Valley Dr, Ste 350, Reston, VA 20191, (“we” or “us”). In this Agreement, the term “you” means the person who (or the entity on whose behalf you are acting) is agreeing to these Terms of Use. We may change any term to this Agreement at any time after providing 14 days notice of such change. If you disagree with any changes to this Agreement, you must discontinue your use of LES Royalty Rate Survey before the changes take effect. Your ongoing use of LES Royalty Rate Survey after the changes take effect signifies your agreement to the new terms.

Changes to the Services

We may change or discontinue any offering or feature on LES Royalty Rate Survey at any time and without notice.

Registration

We will open an account for you when you either sign up as a member of LES or as a non-member seeking to purchase LES Royalty Rate Survey. You must provide complete and accurate registration information, including (if applicable) accurate and up-to-date billing information. You agree to keep this information up-to-date. You represent and warrant that: (1) you have the full power, authority, and legal capacity to enter into the Agreement and follow its obligations, (2) if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company, and (3) all information that you provide is true and current.

Your Information

You consent to the information practices regarding your account and the choices that you can make about the use of your information as disclosed in the LES Royalty Rate Survey Privacy Policy (see below).

Your Responsibilities

You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may not use LES Royalty Rate Survey, or any of its web sites, services, data, documents, information and content (collectively, “Content”) in any way that: (1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; (2) is unlawful; (3) impersonates any person, business or entity, including our company and our employees and agents; (4) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or (5) violates this Agreement, guidelines or any policy posted on LES Royalty Rate Survey. You may not give access to your account, or disclose your password to others. You are responsible for keeping your account information, including all passwords, confidential.

License and Permitted Uses for LES Royalty Rate Survey LES Royalty Rate Survey

If you are a purchaser to a particular LES Royalty Rate Survey (for example the 2017 High Tech Royalty Rate Survey), you agree that your username and password will not be disclosed to any unauthorized person. We may change your username and password at any time, provided that you are sent notice to your last known e-mail address. You agree to keep your access information confidential and to notify us of any violation of this Agreement. LES Royalty Rate Survey licenses are (a) provided free of charge to LES Members, or (b) sold to individual purchasers are for single users only and for only the particular Survey.

Any and all content available in the LES Royalty Rate Survey (“which shall also be considered “Content” in addition to the manner in which it is defined elsewhere in these Terms of Use) shall not be reproduced, revealed, published, distributed, or otherwise made available in whole or in part to anyone else unless required by law. You acknowledge that the products are subject to the copyright and other proprietary rights of Licensing Executives Society US-Canada, Inc. and you will not commit or permit any act or omission that would impair such rights.

We grant you a non-exclusive, non-transferable, limited license to access and use LES Royalty Rate Survey and the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold or assigned. You may download and temporarily store insubstantial portions of Content that you license to one personal computer storage device under your exclusive control. You may use such Content only to display internally for your individual research needs. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. Content can under no circumstance be distributed to others without our express written consent.

You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in any form or by any means, except as expressly permitted by this Agreement. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not store or use the Content to create an archival or searchable LES Royalty Rate Survey of the Content. You shall not sell, license or distribute the Content (including any printed version of the Content) to third parties. Except for the license granted in this Agreement, all rights, title and interest in LES Royalty Rate Survey and any derivative Content are and will continue to be the exclusive property of us.

License and Permitted Uses for LES Royalty Rate Survey

If you are an LES Member or non-Member purchaser of the LES Royalty Rate Survey, we grant you a non-exclusive, non-transferable, limited license to access and use the LES Royalty Rate Survey of a particular survey effort (such as 2017 Survey for High Technology) subject to the terms and limitations of this Agreement. All Content included in the LES Royalty Rate Survey is licensed and not sold or assigned. You may download and temporarily store individual editions of the LES Royalty Rate Survey and all Content accessible via hyperlink contained in a LES Royalty Rate Survey, to one personal computer storage device and one portable computer device (such as an email-enabled mobile phone, Blackberry or PDA) under your exclusive control. You may not copy, forward or transmit (collectively “Forward” or “Forwarding”) individual editions of the LES Royalty Rate Survey or Content accessible via hyperlink contained in the LES Royalty Rate Survey to others.

 

Fees and Payment

You agree to pay the applicable fees and charges for purchases that you make from us. We will disclose your payment terms at the time you make a purchase from LES. All charges are nonrefundable.

At present, we do not charge for LES Members to access the LES Royalty Rate Survey(s) and we do not interpret an LES Member request for the LES Royalty Rate Survey as authorization to bill or otherwise charge you for such purchase. However, we reserve the right to charge for it or its replacement in the future. Should we decide to do so, all LES Members will be advised of that decision in advance and provided with an opportunity to make payment arrangements for the cost of continuing their access to LES Royalty Rate Survey(s). We also reserve the right to discontinue publishing the LES Royalty Rate Survey(s). In the event we discontinue publishing or providing any service for which we charge a fee, upon such discontinuation we will promptly refund any unused portion of such fee.

If you purchase or subscribe to any service that requires payment, you must give us accurate billing and payment information and keep this information up-to-date. Every time you use LES Royalty Rate Survey or otherwise access our services, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your account made by you or anyone who uses your account. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on LES Royalty Rate Survey. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.

Refund Policy

Due to the type of the information being licensed, we unfortunately cannot accept returns of content once it has been delivered. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user ‘as is’.

Billing Problems and Disputes

You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

Disclaimer of Warranties

We provide LES Royalty Rate Survey “as is”, “with all faults” and “as available.” YOUR USE OF LES ROYALTY RATE SURVEY IS AT YOUR OWN RISK. We make no express warranties or guarantees about LES Royalty Rate Survey or any of its Content or materials. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEB SITES, SERVICES, CONTENT AND MATERIALS ON LES ROYALTY RATE SURVEY (“LES ROYALTY RATE SURVEY SERVICES”) ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE, NON-INFRINGING or that the website, LES Royalty Rate Surveys or the server(s) on which they are hosted are free of viruses, bugs or other harmful components. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE LES ROYALTY RATE SURVEY SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE LES ROYALTY RATE SURVEY SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

Every effort is made to assure that all information published is correct. However, LES disclaims any liability for errors or omissions in the services and as a subscriber you assume the risk of possible errors or omissions. No legal advice is intended or offered by LES in making any of the Content available, and LES disclaims any and all liability related to any decision take by a party in reliance upon the Content.

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE LES ROYALTY RATE SURVEY SERVICES AND SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, COMPUTER INFECTION, OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE LES ROYALTY RATE SURVEY SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR LES ROYALTY RATE SURVEY PURCHASE AT ISSUE.

Links to Other Sites

The LES Royalty Rate Surveys may contain links to other websites. These links are provided to you only as a convenience and their presence do not imply endorsement by LES Royalty Rate Survey or its affiliates or subsidiaries, or of any association with such websites’ operators. You agree that LES and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites on linked sites. LES and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through these links. Any concerns regarding services offered or content which is published by these other sites should be directed to the operator of that specific website and not LES.

Termination

We may cancel or suspend your access to LES Royalty Rate Survey at any time, without cause and/or without notice. Your right to use LES Royalty Rate Survey will end once your service is terminated. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

Indemnification

Upon a request by us, you agree to indemnify, defend and hold harmless LES and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms of Use, including, if applicable, the Content Submission Agreement; (2) any allegation that any Content or other material you have submitted or transmitted to us infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; and/or (3) your activities or omissions in connection with the LES Royalty Rate Surveys. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic Contracting and Notices

Your affirmative act of making purchases or registering for LES Royalty Rate Survey constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding LES Royalty Rate Surveys (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration or (2) by posting the Notice on the applicable web page of LES Royalty Rate Survey. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.

In order to receive Notices electronically, you must constantly maintain the email address or web address which you have provided to us, a means of accessing those notices (by means of a computer, laptop, tablet, mobile device or otherwise) and be connected to an internet service provider with a connection to allow such notice. You will need a printer attached to your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted on LES Royalty Rate Survey constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the State of New York govern this contract and any claim or dispute that you may have against us, without regard to New York conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in New York, New York, and you consent to personal and subject matter jurisdiction in such courts.

Assignment

We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

Privacy Policy

Website Usage Information
We may receive and store certain types of website and email usage information whenever you visit any of our web sites or open one of our LES Royalty Rate Survey emails. For example, we may collect the page served, time, source of the request, type of browser making the request, preceding page view, previously stored “cookies”, and other similar information. With regard to the LES Royalty Rate Surveys and other email messages, we may store information about whether or not the email was viewed, whether or not images were downloaded from our server, links that may have been accessed, the identity of the subscriber, and whether or not the report has been forwarded to others. When analyzed, website and email usage information helps us determine how subscribers and visitors utilize our Content, what type of Content is most popular, and the manner in which our Content is being viewed.

Use of Cookies

Our website uses cookies to collect information about your access and the services we provide. Cookies are pieces of information which include a unique reference code that a website transfers to your device to store and sometimes track information about you. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the website and will last for longer. Cookies are uniquely assigned to you and can only be read by a server at the domain that issued the cookie. We may use cookies to:

·       Remember that you visited the site before, and to track unique visitors;

·       Remember your login information as you navigate through our website;

·       Improve the customer experience by recording how users navigate our website;

·       Collect statistical information about how users utilize our website; and

·       Maintain a record of the pages within our website that are visited, and to monitor website traffic.

 

Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional information about cookies and how to block cookies using different types of browser. Please note however, that by blocking, deleting or turning off cookies used on the site you may not be able to take full advantage of LES Royalty Rate Survey’s features.

Other Information Collected

We may receive and store certain types of personal information provided by you in the course of providing service. For example, we may collect terms, phrases, and choices you make while searching, browsing, or configuring alerts or bookmarks. We collect and store billing information. We record changes to your account status. For example, we may record when payments were made, when your account was accessed, when your password was reset, and similar audit information.

How We Use The Information Collected

The information you provide to us may be used to:

·       Send you newsletters and/or other e-mail communications for which you have registered;

·       Contact you about changes to our web sites or our services (e.g., notification of changes to this Privacy Policy, the Terms of Use, or other policies that affect your use of our web sites);

·       Provide you with educational or training information about the products or services that you ordered or about new products or services.

·       Confirm or fulfill an order you have made;

·       Authorize a purchase or complete a transaction that you have requested, i.e., to deliver the products or other services that you ordered, and, if necessary, to invoice you;

·       Monitor or improve the site;

·       Administer the site’s systems and for other internal business purposes;

·       Customize the content you see;

·       Comply with and monitor compliance with our Terms of Use and other applicable agreements and polices; and

·       For other purposes disclosed when you provide your information.

With Whom Information May Be Shared

We employ third parties to perform functions on our behalf; examples include hosting or operating our site, fulfilling orders for products and services purchased through the site, sending e-mail, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on the site’s behalf. We do not sell personal information to third parties or provide it to them for any purpose other than the provision of products and services purchased through the site.

More Information

If you have any questions or concerns about our Privacy Policy, about any information that we may have collected or stored, or to delete, opt out or modify any of the information contained in our LES Royalty Rate Survey, please contact us directly at Licensing Executives Society US-Canada, Inc., 11130 Sunrise Valley Dr., Ste 350, Reston, VA 20191.

BY USING, SUBSCRIBING, OR REGISTERING FOR LES ROYALTY RATE SURVEY, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO THE FOLLOWING TERMS (the “AGREEMENT” or “TERMS OF USE”. Do not use or sign up or use the LES Royalty Rate Survey if you do not agree to these Terms of Use.

LES individual members: $0
Non-LES members: $800 per individual.

Members will need to login in to receive the $0 price. 

To receive a downloadable copy:

 


Sponsors

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11130 Sunrise Valley Drive, Suite 350 Reston, VA 20191 Phone: 703-234-4058 Fax: 703-435-4390