Last updated December 06, 2016
This serveitdata Subscription Agreement (the Agreement) includes the terms and definitions set out below.

serveitdata is the owner of technology which aggregates data across multiple sources. serveitdata makes this data available to its Subscribers for such Subscriber’s internal business purposes. Subscriber and serveitdata are herein referred to individually as a Party and collectively as the Parties

By using the Site, you agree to be bound by the following terms of use (“Terms of Use”):

USE OF THE SITE

You may access and use the Site and the data made available to you on the Site (“Data”) in accordance with these Terms of Use for your particular research purposes in connection with your internal business operations, but not for commercial exploitation or any other use prohibited by these Terms of Use.

AVAILABILITY OF THE SITE

serveitdata shall use commercially reasonable efforts to provide the data to Subscribers at the regular intervals as set forth in the Subscription. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond serveitdata’s control. serveitdata shall take reasonable steps to minimize such disruption, to the extent it is within serveitdata’s reasonable control. Under no circumstances shall serveitdata be liable to Subscriber for any interruptions, outages, or other system failures that are beyond serveitdata’s control.

REGISTRATION AND PASSWORDS

Data provided on the Site is not available to the public. It may only be accessed with valid login credentials provided pursuant to your license agreement and in accordance with these Terms of Use. You are required to register for a single user account with a user name and password. You must complete the registration process by entering your general contact information with complete and accurate information as prompted by the form. YOUR ACCOUNT, USERNAME AND PASSWORD ARE SOLELY FOR YOUR PERSONAL USE TO ACCESS THE SITE AND YOU MAY NOT PERMIT ANYONE ELSE TO USE YOUR ACCOUNT, USER NAME OR PASSWORD. You are responsible for all use of your account, user name and password and for preventing unauthorized use. If you believe there has been unauthorized use, you must notify serveitdata immediately by sending an e-mail to customer_success@www.thearrowpoint.com serveitdata may suspend, disable or change your account, user name or password at any time.

DATA SOURCES

Subscriber acknowledges and agrees that serveitdata obtains the data from third parties, and that such sources may become temporarily or permanently unavailable

LIMITATIONS ON USE

Subject to the terms and conditions of this Agreement, serveitdata hereby grants to Subscriber a limited, nonexclusive, royalty-free, non-transferable right to a one (1) user seat license to use the Site solely for its internal business purposes. Subscriber shall not (i) provide access to the Site or Data to unauthorized third parties, (ii) publicly publish, copy (except for internal use), duplicate or replicate the data, (iii) scrape any data, data or intellectual property, or otherwise trespass or interfere with serveitdata’s site, service or systems; or (iv) sublicense, distribute or transfer the Data Service or underlying data except as otherwise expressly permitted herein. Except for the limited rights to view, download, store and print Data set forth in the Fair Use policy in Section 6, you agree not to otherwise download, store, reproduce, republish, transmit, display, distribute or take screen shots of any portion of the Data or Site. You further agree not to (a) sell, rent, lease, loan, transfer, sublicense or otherwise make available or permit access to the Data or Site to any third party; (b) modify, decompile, disassemble or reverse engineer any portion of the Data or Site; (b) use or attempt to use any deep-link, scraper, robot, bot, spider, data mining, computer code or any other device, program, tool, algorithm, process or methodology or process having similar functionality, to access, acquire, copy or monitor any portion of the Data or Site; (c) violate the security of the Site or attempt to gain unauthorized access to the Site, Data or serveitdata’s computer systems or networks connected to any server associated with serveitdata, through hacking, password mining or any other means; (d) use the Site or Data retrieved from the Site in any manner that infringes or violates the rights of serveitdata or any third party; (e) export or re-export the Site or any portion thereof or the Data in violation of the export control laws and regulations of the Singapore; and (f) use the Site or Data in any manner that is unlawful or harms serveitdata, its service providers, suppliers or any other user, including any use for improper investment purposes in any entity that is the subject of any Data.

FAIR USE POLICY

Contingent upon other usage limits of your license agreement with serveitdata, you may (a) incorporate limited data derived from the Data into presentations and reports for use solely in connection with your internal business operations; and (b) using the functionality of the Site, download and store company and contact data as your purchased credits allow; (c) you may access purchased and stored data as long as your subscription is current. After a subscription has lapsed, you will no longer have access to your purchased data records. Neither downloading nor printing shall be done for the purpose of obtaining a substantial part of such data and / or information or subset thereof. Subject at all times to serveitdata’s retained ownership thereof, you also have the right to distribute in the ordinary course of your business limited extracts of the data, both internally and externally to your employees, affiliates, clients and/or prospective clients, in the form of charts, graphs, graphics, pitch books, presentations, statistics, research reports and other reports; provided that in any case you include source attribution to serveitdata (“Source: serveitdata Pte. Ltd. “).

CONFIDENTIAL INFORMATION

Confidential Information shall mean and include all of the confidential and proprietary information and all other information, not in the public domain. All information disclosed or revealed by a Party hereunder orally, electronically, in writing or in any other tangible form, shall be deemed to be Confidential Information if (i) it has been marked confidential; (ii) the other Party has been placed on notice, orally or in writing, of its confidential nature; or (iii) due to its character or nature, a reasonable person under similar circumstances would treat such information as confidential.

PROTECTION OF CONFIDENTIAL INFORMATION

The receiving Party will protect the disclosing Party’s Confidential Information from unauthorized dissemination and use with the same degree of care that such receiving Party uses to protect its own non-public and confidential information, but in no event less than a commercially reasonable degree of care. The receiving Party will not use the disclosing Party’s Confidential Information for purposes other than those necessary to directly further the purposes of this Agreement. The receiving Party will not disclose to third parties the disclosing Party’s Confidential Information without prior written consent of the disclosing Party.

NON-CONFIDENTIAL INFORMATION

Information shall not be considered Confidential Information to the extent, but only to the extent, that the receiving Party can document that such information (i) is or becomes generally known or available to the public through no fault of the receiving Party, (ii) was in the receiving Party’s possession before receipt from the disclosing Party under this Agreement or any prior agreement or understanding between or among the Parties, or (iii) is lawfully obtained from a third party who has the right to make such disclosure.

DISCLOSURE OF CONFIDENTIAL INFORMATION

These provisions shall not prevent the receiving Party from disclosing Confidential Information where it is required to do so by law or by a binding court order save that, to the extent legally permissible, it shall notify the disclosing Party of such disclosure and allow the disclosing Party a reasonable opportunity to object to such disclosure

FEES

In consideration for the license granted by serveitdata, Subscriber agrees to pay to serveitdata the subscription fee of the Subscription selected by Subscriber on serveitdata’s website or separate written order form, as applicable, in accordance with the Subscription.

PAYMENT TERMS

The payments to serveitdata shall be made as set forth in the Subscription. Subscriber shall be responsible for and pay all sales tax, use taxes or other taxes or charges of any kind imposed by any government entity for any financial transactions arising out of this Agreement. All undisputed overdue amounts shall bear interest at the rate of 10% per annum or the maximum legal rate, if less. serveitdata shall be entitled to its cost of collection, including reasonable attorney’s fees in connection with its attempts to collect any amounts owed under this Agreement.

SUBSCRIPTION FEE CHANGES

serveitdata reserves the right to change at any time its pricing for any and all of its services, including access and use of its platform, additional credits for purchasing data, additional user licenses and any other products or services that serveitdata sells. Pricing is fixed and guaranteed for the term of the subscription. At the end of the subscription term, subscriptions will auto-renew at the current price of the plan and reflect whatever pricing change has occurred since the previous subscription. If price has increased or any way disadvantages the user, serveitdata will notify subscribers at least 14 days in advance of renewal date, and user will have the option of not renewing. serveitdata may or may not notify users of pricing changes that advantage the subscriber.

RESERVATION OF RIGHTS

All right, title and interest (including all copyrights and other intellectual property rights) in the Site and Data belong to serveitdata. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Site and Data are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to remove or obscure the copyright or other notices contained in Data retrieved from the Site including but not limited to any copyright or other notices included on the printable profiles.

WARRANTIES

Each Party represents and warrants to the other Party that (i) it has the legal right and power to enter into this Agreement; (ii) the performance of such obligations will not violate or conflict with any agreements, contracts or other arrangements to which it is a party; and (iii) the execution of this Agreement and the performance by it of the transactions contemplated hereby have been duly authorized by all necessary corporate action and any other consents required to be obtained by it have been obtained.

DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE DATA SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FROM serveitdata. ANY INFORMATION OBTAINED THROUGH THE USE OF THE DATA SERVICE IS DONE AT SUBSCRIBER’S OWN RISK AND SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR DAMAGE TO SUBSCRIBER’S COMPUTER SYSTEM, NETWORK, DATA OR BUSINESS THAT RESULTS FROM SUCH ACTIVITY.

NO WARRANTIES REGARDING DATA

The Site and Data are provided for research and informational purposes. serveitdata makes no claim as to the reliability or accuracy of the information contained in The Site. The Data contained on the Site may contain errors. THE SITE AND DATA ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. serveitdata MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE INFORMATION PROVIDED THROUGH THE DATA SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, serveitdata DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. SUBSCRIBER ASSUMES THE ENTIRE RISK OF SELECTION AND USE OF INFORMATION PROVIDED THROUGH THE DATA SERVICE. WITHOUT LIMITING THE FOREGOING, serveitdata MAKES NO WARRANTY THAT (i) THE INFORMATION OFFERED THROUGH THE DATA SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS; (ii) THE DATA SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATA SERVICE WILL BE ACCURATE OR RELIABLE.

NO WARRANTY REGARDING ADVICE OR INFORMATION

NO ADVICE OR INFORMATION OBTAINED BY SUBSCRIBER FROM serveitdata SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

EXCLUSIVE REMEDY. IN NO EVENT WILL serveitdata OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE OR DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST serveitdata OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SITE OR DATA, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND DATA.

FORCE MAJEURE

serveitdata is not held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

LINKS TO THIRD PARTY SITES

The Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of serveitdata and serveitdata is not responsible for the data of any Linked Site, including without limitation any data contained in a Linked Site or any changes or updates to a Linked Site. serveitdata is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by serveitdata of the site or any association with its operators.

MODIFICATIONS TO TERMS OF USE

serveitdata reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will be posted in the Terms of Use section of the Site and any such modifications will be effective upon the posting of such updated terms. Your continued use of the Site or Data constitutes your binding acceptance of such modifications. Please check the Terms of Use each time before you access the Site to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in these Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Data and the Site.

UNLAWFUL ACTIVITY

serveitdata reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

REMEDIES FOR VIOLATIONS

serveitdata reserves the right to seek all remedies available at law and in equity for violations of the Terms of Use, including but not limited to the right to block access from a particular internet address to this Site and any other serveitdata web sites and their features.

INDEMNIFICATION

You agree to indemnify, defend and hold serveitdata, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms of Use.

DISPUTE RESOLUTION PROCEDURE

Upon the occurrence of a dispute between the Parties, including, without limitation, any breach of this Agreement or any obligation relating thereto, the matter shall be referred to the chief executive officers of each Party, or their designees. The chief executive officers, or their designees, as the case may be, shall negotiate in good faith to resolve such dispute in a mutually satisfactory manner for up to 30 additional days, or such longer period of time to which the chief executive officers or their designees may agree. In the event that good faith negotiation fails to resolve the matter, such matter shall be settled by arbitration. The award of the arbitrator shall be final, non-appealable and binding upon the Parties hereto and their respective successors and permitted assigns.

GOVERNING LAW AND VENUE

This Agreement will be governed and construed solely in accordance with the laws of Singapore. Both Parties agree to submit to exclusive jurisdiction in Singapore and further agree that any cause of action arising under this Agreement shall be brought solely in a court in Singapore.

 SEVERABILITY; WAIVER.

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The Parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. The waiver by either Party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

ENTIRE AGREEMENT

This Agreement, together with any separate written order form, (if applicable), sets forth the entire understanding and agreement of the Parties and supersedes any and all oral or written agreements or understandings between the Parties as to the subject matter of this Agreement. It may be changed only by a writing signed by both Parties. Neither Party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.

ACCEPTANCE OF UPDATED TERMS

These terms are subject to change and may, on occasion be, updated. serveitdata may notify users via e-mail or via notification on the platform each time there is an update. After these terms of have been updated, you may be required to accept the new terms before continuing to use the service. serveitdata may require you to read the new terms and click an “Accept” button during your first login after updated terms are in place.