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License Agreement for Use of The oceantomo.com/ratings Website
The information available through this website is the property of Ocean Tomo, LLC, or its licensors, and is protected by copyright and other intellectual property laws. You are prohibited from removing any titles or any trademark, copyright or patent notices, or any proprietary or restricted rights notices that appear on or in any print-outs, data or reports printed or downloaded from this website.
You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate any information received through this website to anyone without the express prior written consent of Ocean Tomo.
You are prohibited from: (a) using or permitting the use of the information to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (b) using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party; or (c) systematically accessing or extracting content from this website, including the use of “bots” or “spiders,” is prohibited.
Ocean Tomo reserves the right to monitor your use of this website to ensure compliance with these Terms and Conditions. If it is determined you are not in compliance with this Agreement, Ocean Tomo, reserves the right to take such action as it deems necessary.
No Warranties
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS”. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN ALONG WITH THE INFORMATION.
Limitation of Liability
In no event shall Ocean Tomo be liable for any damages, including, without limitation, direct, indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Ocean Tomo, or its representatives, are advised of the possibility of such damages, losses or expenses.
Intellectual Property
Unless otherwise indicated, the copyrights to the pages within this website and the content therein are owned by Ocean Tomo, LLC or its affiliates or licensors, and all rights are reserved. OCEAN TOMO, INTELLECTUAL CAPITAL EQUITY and INTELLECTUAL CAPITAL MERCHANT BANK are registered trademarks, and the Ocean Tomo wave logo is a trademark, of Ocean Tomo. Ocean Tomo is the exclusive licensee under the following PatentRatings, LLC trademarks and patents: IPQ®, PATENTRATINGS® and United States Patent No. 6,556,992 and others pending.
Links to Third-Party Websites
This site may contain links to web sites controlled by third parties not affiliated with Ocean Tomo. Ocean Tomo is providing such links solely as a convenience to you. The fact that Ocean Tomo has provided a link to such third-party websites does not constitute an endorsement, authorization, sponsorship, or affiliation by Ocean Tomo. Therefore, Ocean Tomo disclaims liability for any information, materials, products or services offered at any of these third-party sites linked to this website. Such third-party websites may have terms and conditions (as well as privacy policies) that are different from those set forth here.
Other Terms and Conditions
The Ocean Tomo corporate website (www.OceanTomo.com) and other portions of this website may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those portions of the website.
Privacy
Your use of this website may be monitored by Ocean Tomo, and the resulting information may be used by Ocean Tomo for its internal business purposes or in accordance with any applicable laws and regulations.
License Agreement for Product Orders
As set forth in the Order Form or any renewal thereof (the “Order”) the PatentRatings division of Ocean Tomo, LLC (“Ocean Tomo”) and the entity and/or individual identified in the Order (“Customer”) agree that Ocean Tomo shall make available to Customer the products identified in the Order (“Products”) and the business, analytical and other information included therein (“Information”), subject to this License Agreement (“Agreement”), as well as the PatentRatings.com website terms and conditions.
1. License
Ocean Tomo grants to Customer a non-exclusive, non-transferable license (“License”) to use and display the Information contained in an Order, subject to the limitations contained in this Agreement and such Order. Ocean Tomo retains all ownership rights (including copyrights and other intellectual property rights) in the Products, in any form, and Customer obtains only such rights as are explicitly granted in this Agreement and such Order.
Each license is for a term of twelve months, beginning on the effective date of the Order, unless another term is specified in the Order. The Product is available only for the number of users or benefiting audience members identified and described in the Order (“Authorized Users”) and may not be shared with other persons or entities. An Authorized User is authorized by Customer to access the Products during the term of this Agreement and according to the terms of the Order, either online via PatentRatings.com or after the Information has been downloaded in accordance with the terms of this Agreement. Ocean Tomo reserves the right to deny access to any and all users in excess of the number of Authorized Users specified in the Order.
2. Restrictions on Use
The Products are licensed for Customer’s internal use only and subject to any restrictions set forth in the Order. Customer will not provide Information, or other Products to others, whether directly in any media or indirectly through incorporation in a database, marketing list, report or otherwise, or use or permit the use of Information to generate any statistical or other information that is or will be provided to third parties (including as the basis for providing recommendations to others); use or permit the use of Information to prepare any comparison to other information databases that is or will be provided to third parties; or voluntarily produce Information in legal proceedings.
Customer will use the Products only in compliance with applicable state, local, federal or foreign laws or regulations.
Ocean Tomo reserves the right to monitor Customer’s use of the Product to ensure compliance with this Agreement and prevent fraudulent use. Such monitoring of use may include but will not be limited to determining whether the Product is accessed under the account from multiple computers, as well as noting downloads beyond the limit of the total number of records as may be set forth in the applicable Order or a disproportionate number of users. Ocean Tomo reserves the right to limit access to the Products to (i) viewing or printing using a third-party web browser print function, and (ii) downloading a maximum number of records per search. In addition, Authorized Users shall be bound by any access and download limitations per search session that are internal to a Product. Per 12-month term of the License, Customer and its Authorized Users shall be limited to downloading such total number of records as may be set forth in the applicable Order or posted within a Product. All download limitations will be enforced at Ocean Tomo discretion. Customer may not make available a user name and password to a party that is not an Authorized User. Systematic access or extraction of content from the Product, including, but not limited to, the use of “bots” or “spiders,” is prohibited. If such monitoring indicates you are not in compliance with this Agreement or if fraudulent activity is suspected, Ocean Tomo reserves the right to take such action as it deems necessary, including, but not limited to, suspension or termination of the account.
3. IPQ® Scores
IPQ® Scores are proprietary to and solely controlled by the PatentRatings division of Ocean Tomo. Ocean Tomo grants Customer a non-exclusive, perpetual, limited license to use IPQ Scores solely for Customer’s internal business use. Where practicable, Customer will refer to the number as an “IPQ® Score” and state that IPQ® is a registered trademark of PatentRatings, LLC, an Ocean Tomo affiliate.
4. Payment
Customer will pay Ocean Tomo in accordance with the Order. Prices and product descriptions are those set forth in the Order. A late payment charge of the lesser of 1% per month or the highest lawful rate may be applied to any outstanding balances until paid. Customer will pay any applicable taxes relating to this Agreement, other than taxes based on Ocean Tomo income.
5. Disclaimers
Though Ocean Tomo and its affiliates use extensive procedures to keep its database current and to promote data accuracy, Customer acknowledges that the Information may contain a degree of error.
ALL PRODUCTS AND INFORMATION ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. OTHER THAN AS EXPLICITLY STATED IN THIS AGREEMENT, OCEAN TOMO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OCEAN TOMO DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE AND DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING AVAILABILITY OF A PRODUCT, PRODUCT LEVELS OR PERFORMANCE. OCEAN TOMO WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, OCEAN TOMO CONDUCT IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING OR DELIVERING PRODUCTS OR INFORMATION.
All data accessible through oceantomo.com/ratings was prepared by Ocean Tomo PatentRatings, who is solely responsible for its content. All scores, ratings and ranks are statistical in nature and are based on publicly available data. They are not based on, nor do they consider any legal opinions or other professional opinions, advice or other information (public or otherwise) that may have bearing on the subject matter of the analysis. No direct statistical correlation has been established between IPQ scores and “fair market value,” royalty rates, validity, enforceability or infringement and IPQ scores should not be relied upon to prove or establish the existence or probability of such facts. No direct statistical correlation has been established between Relevance scores and patentability or materiality, and Relevance scores should not be relied upon to prove, establish or support any opinion of the materiality or patentability of one patent in view of another.
OCEANTOMO.COM/RATINGS DOES NOT CONTAIN ANY LEGAL ADVICE. NONE OF THE DATA, INFORMATION, ANALYSES OR REPRESENTATIONS THEREOF ACCESSIBLE THROUGH THIS SITE SHOULD BE CONSTRUED OR TAKEN AS LEGAL ADVICE
6. Copyrights and Other Proprietary Rights
Information is proprietary, copyrighted works of Ocean Tomo and its affiliates and comprises: (i) works of original authorship, including compiled Information containing Ocean Tomo or its affiliates’ selection, arrangement and coordination and expression of such Information or pre-existing material it has created, gathered or assembled; (ii) trade secret and other confidential information, including information that derives value or potential value from not being readily known or available; and (iii) information that has been created, developed and maintained by Ocean Tomo or its affiliates at great expense, such that misappropriation or unauthorized use by others for commercial gain would unfairly and/or irreparably harm Ocean Tomo and its affiliates or reduce Ocean Tomo or its affiliates’ incentive to create, develop and maintain such information. Customer will not commit or permit any act or omission that would contest or impair Ocean Tomo or any of its affiliate’s proprietary and intellectual property rights in Information or that would cause the Information to infringe the proprietary or intellectual property rights of a third party. Customer will reproduce Ocean Tomo or its affiliate’s copyright and proprietary rights legend on all copies of Information.
Customer will not use any trademark, service mark or trade name of Ocean Tomo or any of Ocean Tomo affiliated companies or publish any press releases regarding this Agreement or any order. Customer shall not disclose any negotiated pricing or terms of this Agreement, or any order, to any third party. Registration data and other information about Customer is subject to Ocean Tomo’s Privacy Policy.
7. Termination
In the event of material breach of paragraph 1, 2 or 6 by Customer, Ocean Tomo may immediately terminate this Agreement, or suspend the delivery of Products under the applicable Orders without prior notice. In the event of material breach of any other part of this Agreement by Customer, Ocean Tomo may terminate this Agreement or any specific Order if such breach is not cured within 30 days of written notice of breach. Any provisions necessary to interpret the respective rights and obligations of the parties hereunder shall survive any termination of this Agreement.
8. Miscellaneous
All prior agreements, both oral and written, between the parties on the matters contained in this Agreement are expressly cancelled and superseded by this Agreement. In no event shall any terms or conditions included on any form of Customer purchase order apply to the relationship between Ocean Tomo and Customer hereunder, unless such terms are expressly agreed to by the parties in writing. Any amendments of or waivers relating to this Agreement or any Order must be in writing signed by both parties.
Third parties (including affiliates of Ocean Tomo) that provide information, software or services to Ocean Tomo or its affiliates for use in providing the Products are intended third party beneficiaries of paragraphs 5 and 8.
This Agreement binds and inures to the benefit of the parties and their successors and permitted assigns.
9. Cancellations
Ocean Tomo Standard and Premium Subscription accounts are non-cancelable/non-refundable after 48 hours of activation or with the execution of any download function. Cancellations must be in writing, sent to cancelratings@oceantomo .com.