TERMS OF USE, END USER LICENSE AGREEMENT FOR ALEKSIKA PROVIDED DATA Aleksika provides its Data Services to you subject to the following conditions. The information and products, provided by Aleksika through its own Web site, and any other Aleksika product or service is referred to collectively as the "Service." If you visit Aleksika's Web site, or use or purchase any of its databases or memberships through the Aleksika Web site, or otherwise use the Service, you accept the terms and conditions of this Data Use Agreement. This Agreement is a binding agreement between you and Aleksika. ANTI-SPAM POLICY AND ACCEPTABLE USE While we encourage you to refer others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of Aleksika in conjunction with the sending of unsolicited e-mail, or cause to be used Aleksika's equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that Aleksika's network addresses or Aleksika-hosted Web or e-mail services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with Aleksika include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to "aleksika@aleksika.dk." NO CRAWLING OF PASSWORD-PROTECTED PORTIONS OF SERVICE All users are strictly prohibited from using automatic crawling methods or "robots" to access the data on the Aleksika Web site in any way. ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES The Service may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations. Aleksika has the right, but not the obligation, to monitor any activity and content associated with the Service. Aleksika may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the Service without notice. Aleksika may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect Aleksika's systems and users, to ensure the integrity and operation of Aleksika's business and systems, or in response to subpoenas, court orders, or legal requirements, Aleksika may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, and Web usage paths. By using the Service you expressly consent to the foregoing use and disclosure. PROPRIETARY RIGHTS Intellectual Property and Copyright Infringement Notice The Service is controlled and operated by Aleksika, Smedebakken 76 1. th, 8600 Silkeborg, email: aleksika@aleksika.com. The Service, and all materials on the Service including data compilations, images, text, illustrations, logos, audio and video files (collectively "intellectual property"), are protected by copyrights, trademarks, servicemarks, or other proprietary rights which are either owned by Aleksika, or owned by other parties who have licensed their intellectual property to Aleksika. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Service is the exclusive property of Aleksika and protected by Danish and foreign laws and international copyright treaties. Material from the Service and from any other Service owned, operated, controlled, or licensed by Aleksika may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Aleksika's intellectual property in any form, including but not limited to use on any other Web site or networked computer environment, without express written authorization is a violation of Aleksika's copyrights and other proprietary rights and is strictly prohibited. All content included in this Service, including text, graphics, logos, button icons, images, databases, and software, is the property of Aleksika or its content suppliers and protected by Danish and international copyright laws. All software used in this Service is the property of Aleksika and protected by Danish and international copyright laws. License and Access to Service Subject to your compliance with all the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Aleksika grants to you a limited license to make personal use of the Service and, as detailed below in this Agreement, certain business-related, but noncommercial use, of the Aleksika Databases and data that you access or order through the Service. Except as otherwise expressly agreed in writing by Aleksika, you may not use its Databases or data for commercial use. This license expressly excludes, without limitation, any resale, modification, or commercial use of the Service or any portion thereof, including Aleksika Databases and data, and making any derivative works based upon or distributing or copying the Service, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Aleksika without express written consent of Aleksika. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of Aleksika without the express written consent of Aleksika. Any unauthorized use terminates the permission or license granted by Aleksika in this paragraph. Registered Users' Additional License to Access Service When you order a Database from Aleksika, a Database will be delivered to you via email. As a result of this transaction, you are hereby granted a nonexclusive license to use Aleksika Databases, including all data contained therein, at your premises. You shall not copy, modify, display, distribute, publish or otherwise disclose any Database or parts thereof to any person except your employees or consultants who have agreed, for the benefit of Aleksika, to comply with the provisions of this paragraph. Users' Additional License to Use Aleksika Databases as Authorized You acknowledge and agree that Aleksika discloses its Aleksika Databases, which are protectable as Aleksika's trade secret, to you in confidence. You understand and agree that the Databases may be used for internal research and marketing purposes only and may not be used by you as part of any product or service. You may make a reasonable number of additional copies of the Databases, subject to the limitations on use specified in this Agreement. You may access the Databases from a hard disk, over a network, or by any other method you choose, as long as the method complies with the limitations in this subsection. You shall not use the Databases or any part thereof except as expressly permitted by this Agreement. So that our Databases are used properly, you must contact Aleksika (see contact information at the end of this Agreement) and obtain our prior express approval in writing if you wish to use or quote information from a Database or from any other information provided by Aleksika. However, please note the following exceptions and rules: 1.If you are a member of the press, you may, with proper attribution to Aleksika, (a) use excerpts of Aleksika Databases so long as the excerpts are verbatim, and (b) summarize Aleksika Databases by stating factual information contained in the databases. 2.You may quote from or use Aleksika Databases for internal business documents. 3.You may quote from or use Aleksika Databases for internal marketing materials. 4.If you are a consulting firm, you may also share Aleksika Databases with third parties to provide analytical services that are rendered in the normal course of business. However, you may not act as an agent of a third party for the purpose of licensing or disseminating the data. 5.If you are using data for a press release, you must submit the press release to Aleksika@aleksika.dk at least 24 hours prior to release. Otherwise, we will not be able to confirm the data to third parties when asked. 6.You may not share Aleksika Databases with advertising networks, advertising agencies, financial institutions, or consulting firms unless they are also licensed to use Aleksika data. 7.You may not use Aleksika Databases to engage in strategic consultations with any of your clients, including advertising agencies, advertising networks, or consulting firms, unless that client is also licensed to use the data. You may not provide Aleksika Databases to your client, nor may you offer to act as an agent for your client to acquire the Databases, to the extent that the provision of the Databases obviates the need for the client to purchase the data themselves. 8.If you are an advertising agent or network that is licensed to receive our Database and are acting as a buying agent for companies purchasing media "space" for advertising, you may share or distribute the Database with your client companies for the sole purpose of planning and buying advertising space and exposures. This means you may not share the Databases with your clients for site development or any other purpose. 9.Aleksika will not approve any use of the Databases or any quote or reference thereto which is used as part of any product or service. 10.When citing an Database, you must cite the time period of the study on which the Database was based. Further, in providing proper attribution to Aleksika, you must identify the company as "Source: Aleksika.com." If you need assistance with the proper citation form, please send an e-mail to aleksika@aleksika.com. Aleksika Database Fees Aleksika charges fees for its Databases. The fees for the data are set forth at the time of order. METHODOLOGY Aleksika produces its Databases based on its own data, crawlers and its own methodology for collecting and calculating. We evaluate all web content using the same methodology and without any self-reported data, so that there is no preferential treatment. While we recognize that there may be biases in our user sample and/or methodology, we believe such biases will affect all data in our Services. Our sample group and methodology may differ from other measurement services, and our results may differ significantly as well. We retain the right, in our sole and absolute discretion, to edit or otherwise modify our Data Services to improve accuracy. However such editing or modification shall occur in our sole discretion and we are not required to make any editing or modification of any Databases or other information. We do not guarantee that our data agrees with any of your own traffic logs for your Web site and we will not make any adjustment to any Databases based on such logs, nor will we modify our results based on any data which is not based on our methodology. INDEMNIFICATION You agree to defend, indemnify, and hold harmless Aleksika and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Service by you, or by any other person using the Service through you or using your computer. DISCLAIMER OF WARRANTY YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, ALEKSIKA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER ALEKSIKA NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICE, INCLUDING ITS CONTENT (IN DATABASES OR ELSEWHERE), WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY DATABASES, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE; (v) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY PRODUCTS DISCUSSED OR REFERENCED IN THE SERVICE; (vi) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vii) THAT THE SERVICE IS NONINFRINGING. ALEKSIKA AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE ALEKSIKA AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF ALEKSIKA OR ITS AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. LIMITATION OF LIABILITY IN NO EVENT SHALL ALEKSIKA, ALEKSIKA KEYWORDS, ALEKSIKA EXPLORER, OR ANY OF THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ALEKSIKA'S CUMULATIVE LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR ALEKSIKA DATABASES DURING THE PRECEDING THREE MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU. APPLICABLE LAW; JURISDICTION AND VENUE This Agreement shall be governed by and construed in accordance with the laws of Denmark, without giving effect to any principles of conflicts of laws. ARBITRATION You and Aleksika agree any and all disputes and claims relating in any way to this Agreement (including the arbitrability of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in Denmark. You and Aleksika may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of the Service, whether through class arbitration proceedings or otherwise. ASSIGNMENT Neither this Agreement nor any Aleksika Databases or part thereof may be assigned or otherwise transferred by you without the prior written consent of Aleksika. Aleksika may assign this Agreement in whole or in part, to any affiliate of Aleksika without obtaining the consent of the user. GENERAL PROVISIONS Entire Agreement This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written. Severability If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. No Waiver Aleksika's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing. Any rights not expressly granted herein are reserved. -------------------------------------------------------------------------------- Contact Aleksika at Smedebakken 76, 1. th., 8600 Silkeborg, Denmark, aleksika@aleksika.dk, with questions or problems, as appropriate.