Terms of Service

By placing an order for the SURVEY REPORT (the "REPORT"), you are agreeing to be bound by the terms and conditions of this Agreement.

1. DEFINITIONS

   1. "Participant" means those companies/organizations who fully participate by completing and submitting the salary and practical survey information to CompAnalysis. CompAnalysis reserves the right to determine whether a company or organization has fully participated.

   2. "Non-Participant" means those companies/organizations who did not participate in the surveys or who failed to fully participate in the surveys.

2. RIGHTS AND RESTRICTIONS

   1. Intellectual Property Protection.

      The REPORT is owned by CompAnalysis and is protected by United States and international copyright and other intellectual property laws. CompAnalysis reserves all rights in the REPORT not expressly granted herein. This license and your right to use the REPORT terminate automatically if you violate any part of this Agreement. In the event of termination, you must destroy the original and all copies of the REPORT.

   2. Limited License to Purchasers of the REPORT.

      By purchasing the REPORT, CompAnalysis has authorized download by you of one copy of the electronic version of the REPORT in PDF format. CompAnalysis grants you the nonexclusive, nontransferable limited license to install on your computer, FOR INTERNAL COMPANY USE ONLY, one copy of the REPORT.

   3. Restrictions.

      You shall not: (1) resell, rent, assign, distribute, or transfer all or part of the REPORT or any rights granted hereunder to any other person; (2) duplicate the REPORT (except Purchasers of the Electronic Version may make a single backup or archival copy); (3) remove any proprietary notices, labels, or marks from the REPORT; (4) transfer or sublicense title to the REPORT to any other party.

3. LIMITED WARRANTY

   With respect to the Electronic Version of the REPORT, CompAnalysis warrants that it is free from defects in the operational sense that it can be read by a PDF Reader. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, COMPANALYSIS MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, OR IMPLIED. COMPANALYSIS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANALYSIS DOES NOT WARRANT THAT THE OPERATION OF THE REPORT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE CONTENT OF THE REPORT WILL BE ERROR FREE. If the REPORT was purchased in the United States, the above exclusions may not apply to you, as some states do not allow the exclusion of implied warranties.

4. LIMITATION OF LIABILITY

   IN NO EVENT WILL COMPANALYSIS BE LIABLE FOR ANY DAMAGES, WHETHER FOR TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RISING OUT OF THE USE OR INABILITY TO USE THE REPORT. In no event shall CompAnalysis be liable for amounts in excess of what you have paid for the REPORT.

5. AUTHORITY

   Each party represents and warrants that it is a legal business entity duly organized and validly existing in good standing under the laws of the jurisdiction of its formation, and that it has full power and authority to enter into and perform this Agreement.

6. PAYMENT

   Payment in full is due prior to download or shipping of the REPORT. PAYMENT IS NOT REFUNDABLE.

7. GOVERNING LAW

   This Agreement shall be governed by and construed according to the laws of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to this Agreement shall be brought in a federal or state court of competent jurisdiction in Alameda County, California, and in no other jurisdiction. The parties hereby consent to such jurisdiction and hereby waive any claim or defense that such forum is not convenient or proper.

8. COMPLETE AGREEMENT

   This Agreement contains the complete agreement between the parties with respect to the purchase of the REPORT. If a court of competent jurisdiction holds any part of this Agreement invalid or unenforceable, the remainder of the Agreement shall be interpreted so as to reasonably reflect the intention of the parties.

I acknowledge that I have read and accepted the terms of this Agreement and that I have the authority to enter into this agreement on behalf of my company.