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REQUEST FOR ACCESS TO WORLD TELECOMS MARKETPLACE ONLINE (INFOWIN EDITION) To the Requester: Please fill in the project name and your details in the left-hand column below, read the attached licence conditions, sign at the bottom of the conditions, and forward to the Project Manager. To the Project Manager: Please verify that the requester is actively working on the ACTS project listed, and that you are the manager; sign below, and forward to the Project Officer for official confirmation. Project Number: Project Name: Requester Details Project Manager Details Name: Job Title: Department: Address: Tel: Fax: Email: Signature: Date: To the Project Officer: Please verify that the above information about the ACTS project is current, sign below, and forward to Analysys Ltd to set up the access. Project Officer Details Name: Tel: Fax: Email: Signature: Date: Please forward the completed form to: Margaret Hopkins, Analysys Ltd, St. Giles Court, 24 Castle St, Cambridge, CB3 0AJ Tel: +44 1223 460600; Fax: +44 1223 460866 Email: [email protected] World Telecoms Marketplace (InfoWin Edition) General Terms and Conditions of Use 1/ Definitions 6. 6.1 Limitation of liability Analysys excludes all warranties conditions or other terms implied by statute or common law to the fullest extent permitted by law 6.2 Analysys shall not be liable for any consequential loss or damage arising from use of the Service or inability to access the Service 6.3 Subject to 6.2 above Analysys' direct liability to the Customer shall not exceed the Licence Fee 6.4 The Customer shall indemnify Analysys and keep Analysys fully and effectively indemnified on demand against any liability arising from use of the Service by the Customer or arising therefrom 7. 7.1 Term termination and breach This Licence shall terminate 12 months from the commencement date shown on the Order Form or on the expiry date shown on the Order Form whichever is earlier 7.2 The Customer may terminate the licence at any time by giving written notice to Analysys. 7.3 Analysys may terminate the licence at any time by giving notice to the Customer. 7.4 In the event of breach by the Customer of any terms of this Agreement Analysys reserves the right to notify the Customer and terminate the licence forthwith without compensation 8. Assignment The Customer may not assign license or transfer any rights granted by this Agreement without the prior written consent of Analysys 9. 9.1 Notices All notices required by this Agreement shall be in writing and delivered by post or facsimile. The notice shall be deemed to have been served if by post 48 hours after posting and if by facsimile transmission when despatched 9.2 Any notice to the Customer shall be given to the address or facsimile number on the Order Form. Any notice to Analysys shall be given to Online Services Manager, Analysys Limited, St Giles Court, 24 Castle Street, Cambridge, CB4 0AJ, UK or by facsimile to + 44 1223 460866 10. Law This Agreement shall be governed by and construed on accordance with English law. Any disputes which may arise between the parties concerning this Agreement shall be determined by the English courts and the parties hereby submit to the exclusive jurisdiction of English courts for such purpose 11. 11.1 General Any provision of this Agreement which proves to be illegal or unenforceable shall not affect the other terms of this Agreement 11.2 This Agreement represents the entire agreement between the parties in respect of this subject matter In this Agreement, the following terms shall have the following meanings "Analysys" "Customer" Analysys Limited the individual or entity specified on the Order Form "Order Form" form supplied by Analysys for ordering Services "Service" one or more on-line information services provided by Analysys as specified on the Order Form 2 Grant of licence 2.1 Analysys grants to the Customer a non-exclusive non-transferable licence to access the Service for the number of individuals specified on the Order Form 3. 3.1 3.2 Copyright and use of the Service The copyright and all other intellectual property rights in the Service shall remain the property of Analysys or any third parties who may be indicated The licence to use the Service is solely for the purpose of research by the Customer and its employees. The Customer agrees not to copy sell or otherwise make available the content or design of the Service to any third party without the prior written consent of Analysys 4. 4.1 Access Analysys will make available to the Customer one user ID and password (which may be suggested by the Customer) to access the Service 4.2 Analysys reserves the right to modify or replace the user ID and/or password in the event of conflict security risks or other problems with access to the Service 4.3 The Customer shall take all reasonable steps to ensure its user ID and password are not disclosed to any unauthorised individual. If the Customer believes that such a disclosure has occurred it shall notify Analysys immediately. The Customer shall remain responsible for all accesses to the Service using its user ID and password unless and until such notice is given 4.4 The Customer shall not disclose the user ID and password to more than the specified number of individuals on the Order Form 5. 5.1 Warranties Analysys makes no warranties that the Service will not infringe the scope of any third party intellectual property rights 5.2 Analysys will use reasonable commercial endeavours to ensure that the Service is accurate and accessible. However, it is provided on an "as is" and "as available" basis. Analysys makes no warranties express or implied with respect to the contents of or access to the Service 5.3 Analysys reserve the right to change the Service at its discretion without giving notice.