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Rules of Engagement

THESE RULES OF ENGAGEMENT ("RULES") CONSTITUTE A LEGAL CONTRACT BETWEEN YOU AND GARTNER THAT DESCRIBES HOW YOU, THE USER, ARE PERMITTED TO USE THIS GARTNER PEER INSIGHTS WEBSITE (THE "SITE"). THE TERMS OF USE ("TERMS"), LOCATED IN THE FOOTER, SET FORTH THE HIGH LEVEL LEGAL TERMS THAT GOVERN YOUR USE OF ALL GARTNER WEBSITES LINKED TO HTTP://WWW.GARTNER.COM. BY USING THE SITE, YOU ARE ACKNOWLEDGING AND AGREEING TO COMPLY WITH BOTH THE GARTNER RULES AND TERMS; IF YOU DO NOT AGREE TO COMPLY, PLEASE DO NOT ACCESS OR OTHERWISE USE THE SITE.

General Use.

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age. If you are not, you may not use the Site at any time or in any manner or submit any information to Gartner or the Site.

The content on this Site is the copyrighted, trademarked and/or proprietary work of Gartner or Gartner's third-party licensors and suppliers or other users of the Site (collectively, the "Gartner Content"). Gartner Content may include, without limitation, logos, graphics, video, images, research, submissions, templates, methodologies, software and other related content.

Subject to your compliance with these Rules, Gartner grants you a limited, irrevocable, non-exclusive, non-sub-licensable and non-transferable license to use the Gartner Content and this Site solely for your personal internal use. You agree not to use the Site or the Gartner Content for any commercial, marketing or unlawful purpose. Except for the foregoing license, you have no other rights to the Site or any Gartner Content and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, reverse engineer, alter, enhance, provide access to or in any way exploit the Site or the Gartner Content in any manner.

If you breach any of these Rules, your license will terminate automatically, you must immediately destroy any downloaded or printed Gartner Content and Gartner may be compelled to seek legal redress.

Privacy Policy.

Your use of this Site is subject to the Gartner Global Privacy Policy and Privacy Principles (the "Privacy Policy"), which explains how Gartner collects, manages, uses and safeguards the personal data that you submit to Gartner. Click here for additional information on our privacy policies and protocols.

Submissions.

You are responsible for the information, opinions, evaluations, reviews, ratings and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission"). You will ensure that your Submission does not include any of the Unauthorized Activities enumerated below.

In making a Submission, you represent and warrant that (1) you are the sole author of the Submission and owner of the intellectual property rights thereto, (2) your Submission is accurate to the best of your knowledge; (3) your Submission fully complies with and does not violate the polices of your employer, and (4) your Submission does not violate any third party confidentiality, non-disclosure, or contractual obligations. When your Submission consists of a review or evaluation of a product or service, you further represent and warrant that (a) you are not an employee, consultant, reseller, competitor or in any other way associated with the vendor you are reviewing or any other competitor in that market; and (b) your feedback is based entirely on your own personal experience with this vendor's product/service.

You further understand and agree that Gartner may copy, display and otherwise use the contents of your Submission, in whole or in part, in the ordinary course of its business. You understand that your personal data will not be displayed to other readers and all personally-identifiable information you provide will be treated in accordance with the Gartner Global Privacy Policy.

Unless otherwise explicitly stated herein or in the Gartner Global Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Gartner owns all Submissions, and has the right at its sole discretion to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing. We may modify or adapt your Submissions for the sole purpose of transmitting, displaying or distributing them over computer networks and in various media. Any such modification will not alter the substantive content of the Submission.

Unauthorized Activities.

The following is a list of some of the unauthorized activities that constitute a violation of these Rules. This list is not intended to be comprehensive but rather to provide some basic guidelines. Gartner reserves the right at its sole discretion to determine what constitutes an unauthorized activity.

You shall not post Submissions on the Site that:

  • Are known by you or that a reasonable person would know to contain false, inaccurate or misleading information;
  • Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Contain information that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, obscene, pornographic, exploitive of minors, invasive of privacy or publicity rights, abusive, cruel, inflammatory, fraudulent, unlawfully threatening or harassing to any individual, partnership or corporation.
  • Contain information that may constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange, such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, including Gartner;
  • Contain unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  • Contain personally identifiable information of any third party, including, without limitation, surname (family name), addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
  • Conflict with or are contrary to Gartner' public image, goodwill or reputation; or
  • Contain viruses, corrupted data or other harmful, disruptive or destructive files.

When using this Site, you shall not:

  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
  • Use any unauthorized robot, spider, scraper or other automated means to access the Site;
  • Frame, mirror, host or otherwise distribute the Gartner Content without our express written permission;
  • Take any action that imposes an unreasonable or disproportionately large burden on our infrastructure;
  • Alter the opinions or comments posted by others on this Site;
  • Interfere with, restrict or inhibit any other person from using or enjoying the Site;
  • Take any action that may expose Gartner, its affiliates or its users to any harm or liability of any type; or
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Gartner in connection with the Site.

When Gartner perceives a violation, Gartner reserves the right at its sole discretion to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions or any portion thereof; with or without cause and with or without notice, for any reason or no reason, or for any action that Gartner determines is inappropriate or disruptive to this Site or to any other user of this Site. Gartner may report to law enforcement authorities any actions that may be illegal, and will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

You agree to indemnify and hold harmless Gartner and its officers, directors, employees, affiliates and agents from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Gartner or any other indemnified party suffers in relation to any third party claim that your use of this Site violates these Rules and/or any applicable law or infringes any third party intellectual property rights.

Proprietary Rights.

Gartneris a trademark of Gartner, Inc., registered in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Guidelines, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Gartner. All proprietary rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Submitting a DMCA Counter-Notification

Gartner respects the intellectual property rights of others, and expects you to do the same. Gartner may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Gartner with a valid DMCA Take-Down Notice, including the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
  • Identification of the alleged infringing material that is to be taken down from the Site and information reasonably sufficient to permit Gartner to locate the material.
  • Contact information, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Gartner's agent for notice of claims of copyright or trademark infringement on this Site is located at 56 Top Gallant Rd, Stamford CT 06902, Attn: Legal Department.

Please note: Gartner reserves the right, in its sole discretion, to terminate the account or access of any user of this Site who is the subject of repeated DMCA or other infringement notifications.

Disclaimer of Warranties.

Your use of this Site is at your own risk. The Submissions may include inaccuracies or typographical or other errors. Gartner does not warrant the accuracy, integrity, quality, appropriateness or timeliness of the Content contained on this Site. Gartner has no liability for any errors or omissions in the Content, whether provided by Gartner, our licensors or suppliers or other users. You agree to evaluate and make your own judgment, and bear all risks associated with, your use of any Content.

You understand and agree that Gartner has no obligation to screen, preview, authenticate, monitor, approve or publish any Content submitted to this Site. However, Gartner reserves the right to review and delete any Content or Submissions that, in its sole judgment, violate these Rules or are not of sufficient quality. By using this Site, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks relating to use, accuracy, usefulness, completeness or appropriateness of any Submissions that you make or Content that you receive, access, transmit or otherwise convey via this Site. Under no circumstances will Gartner be liable in any way for any Content or Submissions that contain any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of your Submissions or Content you receive via this Site. You waive the right to bring or assert any claim against Gartner relating to Content or Submissions, and release Gartner from any and all liability for or relating to any Content or Submissions.

GARTNER, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THIS SITE RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR SUBMISSIONS ON THIS SITE. UNLESS OTHERWISE EXPRESSLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, INCLUDING THE CONTENT AND SUBMISSIONS, IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. GARTNER DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

GARTNER SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY GARTNER CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL GARTNER BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING FROM YOUR USE OF THIS SITE EVEN IF GARTNER KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control.

This Site is operated by Gartner, Inc., a U.S. entity, and these Rules are governed by the laws of the State of Connecticut, USA. You consent to the exclusive jurisdiction and venue of the state and federal courts in Stamford, CT, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to this Site. You agree that all claims you may have against Gartner, Inc. arising from or relating to this Site must be heard and resolved in a court of competent subject matter jurisdiction located in the State of Connecticut. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Rules.

Feedback.

If you send or transmit any communications, comments, questions, suggestions, or related materials to Gartner, whether by letter, e-mail, telephone, or by using the "Feedback" button on the Site, (collectively, "Feedback"), suggesting or recommending changes to the Site or Content, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign to Gartner all right, title, and interest in, and allow Gartner to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Gartner is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

These Rules, along with the Gartner Terms of Use, constitute the entire agreement between you and Gartner and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Gartner about this Site. The proprietary rights, disclaimer of warranties, representations and warranties made by you, indemnities, limitations of liability and general provisions of these Rules shall survive any termination of these Rules.

California Consumer Notice.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site is operated by Gartner, Inc. If you have a question or complaint regarding the Site, please contact Customer Service at peerinsights@gartner.com. You may also contact us by writing to Gartner at 56 Top Gallant Rd, Stamford CT 06902, Attn: Legal Department. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Changes.

Gartner reserves the right to change, update or otherwise modify these Rules and the Gartner Content on this Site at any time. Gartner will post the updated and/or modified Rules and you will be expected to check periodically for any such changes. By using this Site after Gartner has updated the Rules, you agree to comply with the updated Rules; if you do not agree with any of the updated Rules, you must stop using the Site.

These Rules were last updated on July 2, 2015.

Contact Us.

If you have any questions about these Rules or otherwise need to contact Gartner relating to your use of this Site, you may contact our Customer Service at peerinsights@gartner.com.

THANK YOU FOR USING THE GARTNER PEER INSIGHTS WEB SITE!

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