Fair Use Policy
Purpose of this Fair Use Policy (the "Policy")
Ideas International Ltd ("IDEAS") is an affiliate of Gartner, Inc.
Ideas International Ltd., including its parent company, Gartner, Inc., and all affiliated companies (collectively, "GARTNER") owns the proprietary rights in its names, trademarks, service marks, trade dress, logos and branding, and its Services; all of which are protected by intellectual property law and contract law. To use the name "Ideas" or "Ideas International", or use any of IDEAS' trademarks, service marks, trade dress, logos or branding, or to take and/or use extracts from the Services, requires the prior written consent of Gartner, in its sole discretion, unless specifically authorized in this Policy or in your agreement.
This Policy, along with your relevant contract agreement, establishes the terms and conditions that govern your use of the Services.
Violations of this Fair Use Policy
Please note that we monitor the use of our Services by Licensees. We may contact your organization if we have reason to believe that our Services are being used in contravention of this Policy or the product entitlements provided as a part of your agreement with Gartner. In such case, we will request that you investigate your use of the Services and provide us with information to validate that the Services are being used within your contractual entitlements.
Applicability and Definitions
This Policy applies to Licensees who have purchased an IDEAS® Service. Set forth below are definitions used in this Policy:
- (a) "Services" means all Subscriptions, Reports, and Derivative Works.
- (b) Derivative Works means any material that is based on, refers to, uses, relates back to, or includes permitted excerpts from a Service, but the term Derivative Work excludes a Report. Derivative Works are for internal use only, unless your agreement permits use beyond the "internal only" requirement.
- (c) "Subscriptions" means all information products that are licensed to Licensees including IDEAS Advantage, Competitive Profiles, ServerCAR, CloudSizer and all other subscription services that may be available for purchase.
- (d) "Reports" means any report that is automatically generated from a Service, which may be used internally within the Licensee's organization, unless such Report is an External Use Report.
- (e) "External Use Reports" are Reports that may be shared externally and are expressly labeled as "External Use Reports." External Use Reports may be used externally as follows: A Licensee may make exact copies of any External Use Report and disclose that exact copy to any person, whether within License's organization or outside of Licensee's organization, without further consent from Gartner, only if (i) the use meets the requirements of the policies listed in (i) and (j) below and (ii) the disclosure is made to a specific individual or a small group of individuals (no more than 10) with a common interest. NOTE: there is no right to use External Use Reports in general advertising, product marketing materials, Licensee's intranet site or on public Web sites etc.
- (f) "Information Sheets" means any other information or document that is provided independently of any Subscription, including New Products Alerts, Tech Trends, Benchmark HotSheets and Price Change Alerts, and other information and documents that are provided from time to time.
- (g) "Excerpt" means a small, insubstantial part of a Service, e.g., a few lines of text, a paragraph, or a specific graphic.
- (h) "Extract" means any data, including a single data item in its entirety, such as RPE, RPE2 or RPE2 Workload Extensions that is part of a Service.
- (i) The Usage Guidelines for GARTNER Services (the "Guidelines") are the online rules and practical scenarios intended to help you use the Services in accordance with this Policy and your contractual entitlements.
- (j) The GARTNER Copyright & Quote Policy defines how you may use the "IDEAS" and "GARTNER" name, and use excerpts of the Services outside your organization. GARTNER reserves all rights of refusal, in its sole discretion.
Standard Rights to Use IDEAS' Services
4.1 Licensees who are End Users
End Users are organizations that use the Services solely for internal business purposes such as making decisions as to their internal IT requirements. An End User may not use the Services to assist in making sales of hardware, software or services to third parties. Typically, End User licenses are granted on an enterprisewide basis or for a specific number of Licensed Users, accessing a specific set of data applicable to a particular geographic region, and for a defined license period (usually one year).
Typically Gartner grants an End User the following rights during the term of the Services:
- (a) to access and use the Services for the End User's internal business purpose, although some Services have more restricted license rights (see section 4.6 of this Policy as an example).
- (b) to allow the End User's contractors to access and use the Subscriptions for the authorized purpose of the End User.
- (c) to use Excerpts of the content from a Service for the authorized purpose of the End User, subject to (i) appropriate acknowledgement, (ii) use in the correct context, and (iii) ensuring that the use does not, nor is likely to, mislead or deceive.
- (d) to use External Use Reports, where such Reports are a part of the purchased Service.
- Except as set forth above, End Users are prohibited from disclosing the Services or any part of the Services (including any downloaded data) to any third party without GARTNER's prior written consent.
4.2 Licensees who are Data Providers
Data Providers are organizations that provide their own technology solutions (hardware or software). Data Providers that provide GARTNER with data relating to their solution, such as pricing, configurations, capacity, performance, specifications, and/or energy consumption for use by GARTNER in its Services. The Data Provider's data is used in conjunction with other Data Providers' data and other third party sources to create the Services.
Data Providers use the Services to make pricing decisions about their own products, to assist in marketing and promotion, to assist their business partners in re-selling their products, and to make decisions about their internal IT requirements.
Typically, GARTNER grants a Data Provider the following rights during the term of any Service:
- (a) to access and use the Services for the Data Provider's internal business purpose.
- b) to allow the Data Provider's contractors to access and use the Services for the internal business purpose of the Data Provider. Each individual granted access within any contractor organization must have a user license.
- (c) to incorporate an Excerpt for internal business purposes, such as an internal report or presentation of the Data Provider, subject to appropriate sourcing acknowledgement, and otherwise in compliance with the principles in the Copyright & Quote Policy.
- (d) To use External Use Reports if such Reports are a part of any Service.
4.3 What is Internal Business Purpose?
"Internal Business Purpose" means that the Licensee must use the Service only for purposes which are completely internal to the Licensee's organization. Such use does not include disclosure of the Services or any part (including any single data item) to any third party. NOTE: Licensee's internal business purpose does not prohibit the use of External Use Reports, where such Reports are a part of a purchased Service.
4.4 Acceptable and Unacceptable Business Purposes
Examples of acceptable and unacceptable internal business purpose and permitted external uses may be found in the Guidelines.
4.5 Restrictions on Internal IT Decision Support Use for End Users
Where the Service is licensed on the basis of being used for Internal Business Purposes for End Users and is marked for "Internal IT Decision Support Use", its use is restricted to internal use within the Licensee's organization in assisting Licensees in making decisions concerning the use and procurement of hardware and software that is used solely in support of the Licensee's internal business purposes.
Examples of unacceptable use for licenses that are subject to the further use restriction of "Internal IT Decision Support Use" include:
- (a) assisting with decisions concerning the pricing, marketing, or promotion of any products or services that are to be marketed, promoted or sold by Licensee.
- (b) conducting research for the benefit of any third party.
- (c) providing any other service for the benefit of or on behalf of, any vendor or other third party.
- (d) assisting with making decisions concerning the use or procurement of hardware or software that is to be used for the benefit of any third party.
4.6 Use in Tenders (or RFPs)
As a general rule, IDEAS Services are for internal use only within the Licensee's organization; however, if your organization wishes to issue a tender (RFP, RFI, or similar) for the procurement of hardware and/or services and wishes to use a performance metric (such as RPE2) from the Services as part of its evaluation or requirements criteria, please contact Gartner for more information about Services that will assist tenderers in responding to such a request.
Gartner Copyright and Quote Policy
Any proposed use the Services outside the terms of the Licensee's agreement or this Fair Use Policy are subject to the Gartner Copyright & Quote Policy, and must be submitted to firstname.lastname@example.org.
Guidelines for Publicity
Instruction and guidance for all advertising, sales materials, including presentations, events featuring Gartner promotional materials, all media releases and the use of GARTNER or IDEAS trade names, trademarks, or logos are accessible online in the Gartner Copyright & Quote Policy.
THE GRANTING OF ANY CONSENT TO USE ANY OF GARTNER'S OR IDEAS' INTELLECTUAL PROPERTY UNDER THIS POLICY IS CONDITIONAL ON THE REQUESTOR ACKNOWLEDGING AND AGREEING THAT:
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND GARTNER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR AS TO ACCURACY, COMPLETENESS OR ADEQUACY OF INFORMATION. LICENSEE RECOGNIZES THE UNCERTAINTIES INHERENT IN ANY ANALYSIS OR INFORMATION THAT MAY BE PROVIDED AS PART OF THE SERVICES, AND ACKNOWLEDGES THAT THE SERVICES ARE NOT A SUBSTITUTE FOR ITS OWN INDEPENDENT EVALUATION AND ANALYSIS AND SHOULD NOT BE CONSIDERED A RECOMMENDATION TO PURSUE ANY COURSE OF ACTION. GARTNER SHALL NOT BE LIABLE FOR ANY ACTIONS OR DECISIONS THAT ANY LICENSEE OR THIRD PARTY MAY TAKE BASED ON THE SERVICES OR ANY INFORMATION OR DATA CONTAINED THEREIN.
Who to Contact
Both the Copyright & Quote Policy and the Guidelines are accessible on the policies section of gartner.com. If you have any questions regarding the Fair Use Policy, the Guidelines or the Copyright and Quote Policy, please contact us at email@example.com.
Quote Request Approvals:
Changes to Fair Use Policy
GARTNER may amend its Policies at any time, by posting revised content online. This Policy does not constitute a waiver of any of GARTNER'S or IDEAS' rights, all of which are expressly reserved.