News platform for broadcasts, targeting, monitoring and media solutions help you connect and engage with audiences across the globe.
Effective from January 14, 2019
THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.
BY ACCEPTING THESE TERMS OF SERVICE, EITHER BY REGISTERING ON WWW.MARKETWIRENEWS.COM OR BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN OR ANY OTHER DOCUMENTATION THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
IF YOU REGISTER FOR A FREE TRIAL FOR OUR SERVICES, THE APPLICABLE PROVISIONS OF THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.
This Agreement was last updated on January 14, 2019. It is effective between You and Us as of the date of Your acceptance of this Agreement.
The parties hereby agree to the following with respect to Your use, and Market Wire News’s provision, of the Service (as defined below).
“Account-Related Information” means contact information, payment information, and biographical information about Customer’s representatives and contacts used for marketing, opening new user accounts to use Market Wire News’s Services, and to maintain existing accounts.
“Customer Content” means (i) data or content in the Customer Properties that Customer chooses to test (and for mobile applications, the application package itself); (ii) data Customer submits or creates as part of a test, including test scripts and Screenshots; and (iii) any other data Customer submits to Market Wire News in connection with the use of the Services (not including Account-Related Information).
“Customer Property” means a website or mobile application submitted to the Services for testing.
“Documentation” means the technical user documentation provided with the Services.
“Laws” means all applicable local, state, federal, foreign and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data.
“Order Form” means each referencing this Agreement.
“Open Source Software” means any open source, community or other free code or libraries of any type, including, without limitation, any code which is made generally available on the Internet without charge (such as, for example purposes only, any code licensed under any version of the MIT, BSD, Apache, Mozilla or GPL or LGPL licenses).
“Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, to an identified or identifiable living natural person, including but not limited to: (i) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, government identification card number, passport number, or other similar identifiers; (ii) any patient, medical records or other protected or regulated health information; (iii) any financial information (including bank account or payment card numbers) or any other information subject to regulation or protection under specific laws or regulations; or (iv) information defined as “personal information,” “personally identifiable information,” “personal data,” or similar expressions under applicable privacy laws or data security Laws.
“Parallel Tests” means the number of tests that Customer’s Permitted Users (as defined below) are collectively running on Test Environments at a given point in time.
“Screenshot” means an image or video of the Test Environment display captured using the Services.
“Services” means Market Wire News’s proprietary software-as-a-service solution(s), as described in the applicable Order Form. Subject to the terms herein, references to the Services also include the Documentation.
“Test Environment” means virtual machines, physical electronic devices, and device emulators on which Customer may use the Services to run tests.
Any Customer Content will be retained subject to Market Wire News’s data retention policies and confidentiality obligations under this Agreement. Except as set forth above, the Services do not provide a solution for storage of Customer Content or backups. Customer agrees that Customer Content shall include only copies of Customer’s data, and not any data that Customer needs for backup or archival purpose.
In accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR), the data protection terms relating to processing of Account-Related Information and Customer Content are contained in Exhibit A (Data Protection Addendum). To the extent that there is any conflict between any provision of the Agreement and the contents of Exhibit A, the contents of Exhibit A shall prevail in respect of such conflict in so far as the matters of data protection are concerned.
Each party (as “Receiving Party”) agrees that all code, inventions, know-how, business, technical and financial information it obtains from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any Market Wire News Technology, performance information relating to any Service, and the terms and conditions of this Agreement will be deemed Confidential Information of Market Wire News without any marking or further designation. Customer Content will be deemed Confidential Information of Customer without the need for any marking or further designation. Except as expressly authorized herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under this Agreement. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know (including, for Market Wire News, its subcontractors), provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 13 and that the Receiving Party remains responsible for compliance by any such representative with the terms of this Section 13. The Receiving Party’s confidentiality obligations will not apply to information that the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may make disclosures to the extent required by administrative or judicial process, applicable law, or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
DATA PROTECTION ADDENDUM