Fair Use Policy

1. Purpose of this Fair Use Policy

Ideas International Ltd and its Affiliated companies (IDEAS) owns the proprietary rights in its names, trademarks, service marks, get-up, logos and branding, and its Subscriptions; 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, get-up, logos or branding, or to take and/or use extracts from the Subscriptions, External Use Reports or any other material provided by IDEAS, requires the written consent of IDEAS, unless specifically authorised in the agreement between a licensee and IDEAS.  IDEAS reserves the right to refuse to give consent or to grant consent subject to any restriction or requirement (including the payment of a fee) as may be required in its absolute discretion.

This Fair Use Policy sets out the guidelines that IDEAS will use in determining whether to grant such consent, but is not binding on IDEAS.

This Fair Use Policy does not vary the terms and conditions of any agreement between a licensee of the Subscriptions or any other Deliverable.  Subscriptions, External Use Reports, Deliverables and any Derivative Works must be used in accordance with the agreement between the licensee and IDEAS.  

2. Violations of this Fair Use Policy

IDEAS reserves the right to enforce its intellectual property rights, contractual rights and any other right it may have against any person or entity who violates this Fair Use Policy, without notice.

3. Applicability

This Fair Use Policy applies to:

4. Standard Rights to Use IDEAS’ Subscriptions

4.1 Licensees who are End Users

End Users are organisations that use the Subscriptions solely for internal business purposes such as making decisions as to their internal IT requirements.  An End User is an organisation that does not use the Subscriptions to assist it to make sales of hardware, software or services to third parties, and some of IDEAS’ Subscriptions (e.g. IDEAS Advantage) have a specific license restriction that prevents such use.
Typically IDEAS grants an End User the following rights during the period of the Subscription:

(a) to access and use the Subscriptions for the End User’s internal business purpose, although some Subscriptions have more restricted license rights (see section 4.6 of this Fair Use Policy as an example).

(b) to allow the End User’s contractors to access and use the Subscriptions for the authorised purpose of the End User.

(c) to take copies of insubstantial extracts of the Subscriptions for the authorised purpose of the End User, subject to appropriate acknowledgement, use in the correct context and the use must not misled or deceive, nor must it be likely to mislead or deceive.
 

The End User is prohibited from making any disclosure of the Subscriptions or any part of the Subscription (including any downloaded data) to any third party without IDEAS’ prior written consent. 

However an End User may make exact copies of any External Use Report and disclose that exact copy to any person, whether within the Licensee’s organisation or outside of the Licensee’s organisation without further consent from IDEAS if, and only if, that:

(a) the disclosure is made to a specific individual or a small group of individuals with a common interest (there is no general right to use it in general advertising, generic product marketing brochures, on public websites etc); and

(b) the External Use Report is not used out of context, and any recipient must not be misled or deceived or must not be likely to be misled of deceived by the use of the External Use Report.

Any other disclosure of an External User Report requires IDEAS prior written consent.

Typically these End User licenses are granted on an enterprise-wide basis or for a specific number of users, accessing a specific set of data applicable to a particular geographic region, for a defined period (usually 1 year).

4.2 Licensees who are Data Providers

Data Providers are organisations who provide their own technology solutions (hardware or software) and who provide IDEAS with data relating to their solution, such as pricing, configurations, capacity, performance and energy consumption for use in the Subscriptions.  The Data Provider’s data is used by IDEAS in conjunction with similar data from other Data Providers to create the Subscriptions. 

Data Providers typically use the Subscriptions to make pricing decisions about their own hardware, to assist in the marketing and promotion of their hardware, to assist their Business Partners to re-sell their hardware, as well as using the Subscriptions to make decisions about their internal IT requirements.

Typically IDEAS’ grants a Data Provider the following rights during the period of the Subscription:

(a) to access and use the Subscriptions for the Data Provider’s internal business purpose.

(b) to allow the Data Provider’s contractors to access and use the Subscriptions for the internal business purpose of the Data Provider.

(c) to take copies of insubstantial extracts of the Subscriptions for internal business purpose of the Data Provider, subject to appropriate acknowledgement, use in the correct context and the use must not misled or deceive, nor must it be likely to mislead or deceive.

In addition some Data Providers are granted the following rights by separate agreement:

(a) to allow selected Business Partners to access and use the business partner versions of the Subscription for the internal business purpose of the Business Partner during the period of the Data Provider’s license.

(b) to allow selected Business Partner to take copies of insubstantial extracts of the business partner versions of the Subscriptions during the period of the Data Provider’s license for the internal business purposes of the Business Partner, subject to appropriate acknowledgement, use in the correct context and the use must not misled or deceive, nor must it be likely to mislead or deceive.

The Data Provider and the Business Partner are prohibited from making any disclosure of the Subscriptions or any part of the Subscription to any third party without IDEAS’ prior written consent.  . However a Data Provider or Business Partner may make exact copies of any External Use Report and disclose that exact copy to any person, whether within the Licensee’s organisation or outside of the Licensee’s organisation without further consent from IDEAS if, and only if, that:

(a) the disclosure is only made to a specific individual or a small group of individuals with a common interest (there is no general right to use it in general advertising, generic product marketing brochures, on public websites etc); and

(b) the External Use Report is not used out of context, and any recipient must not be misled or deceived or must not be likely to be misled of deceived by the use of the External Use Report.

Any other disclosure of an External User Report requires IDEAS prior written consent.

Typically the Data Provider’s licenses are granted on an enterprise-wide basis or for a specific number of users, accessing a specific set of data applicable to a particular geographic region, for a defined period.

Note:  There is no right for a Data Provider or a Business Partner to create any derivative work under the standard Data Provider agreement.  This right may be available by separate arrangement.

4.3 What is Internal Business Purpose?

“Internal Business Purpose” means that the licensee must use the Subscription, Information Sheet, Deliverable or Extract only for purposes which are completely internal to the licensee.  Such use does not include allowing disclosure of the Subscription, Information Sheet, Deliverable or Extract or any part (including any single data item) to any third party.

However, a Licensee may make exact copies of any External Use Report and disclose that exact copy to any person, whether within the Licensee’s organisation or outside of the Licensee’s organisation without further consent from IDEAS if, and only if, that:

(a) the disclosure is only made to a specific individual or a small group of individuals with a common interest (there is no general right to use it in general advertising, generic product marketing brochures, on public websites etc); and

(b) the External Use Report is not used out of context, and any recipient must not be misled or deceived or must not be likely to be misled of deceived by the use of the External Use Report.

Any other disclosure of an External User Report requires IDEAS prior written consent.

4.4 Acceptable Internal Business Purposes

Where the Subscription is licensed on the basis of being used for Internal Business Purposes and is not subject to further use restrictions, examples of acceptable internal business purpose use include:

(a) use to assist the licensee in making purchasing decisions on new equipment for the internal use of the licensee.

(b) use to assist the licensee in making pricing decisions on its own products.

(c) use to assist the licensee in positioning decisions on its own products.

(d) use to assist the licensee making materials designed to provide background information to sales and marketing personnel where such materials are not disclosed to its customers, prospects or channel partners.

(e) inclusion on an internal intranet (subject always to any restriction on the number of Users licensed).

4.5 Unacceptable Use for Licenses restricted to Internal Business Purposes

Examples of use of the Subscriptions or the data from them that is not permitted within ‘internal business purpose’ include:

(a) inclusion in marketing collateral, including white papers, that are for use with potential customers or customers.

(b) inclusion on a publically accessible website.

(c) use in speeches to external parties.

(d) reference in blogs or similar on external websites.

(e) inclusion in books, annual reports or other documents that are published.

(f) incorporation into a contract with a third party.

(g) inclusion in advertisements.

All such use that is not strictly for Internal Business Purposes must be approved in advance using the process in this Fair Use Policy.

4.6 Internal IT Decision Support Use

Where the Subscription is licensed on the basis of being used for Internal Business Purposes and is subject to the further use restriction of “Internal IT Decision Support Use”, its use is restricted to assisting the Subscriber making decisions concerning the use and procurement of hardware and software that is used solely in support of the Subscriber’s internal business. 

Examples of unacceptable use for licenses that are subject to the further use restriction of “Internal IT Decision Support Use” include:
 

(a) assisting making decisions concerning the pricing, marketing or promotion of any products or services that are to be marketed, promoted or sold by Subscriber.

(b) conducting research for the benefit of any third party.

(c) providing any other service for the benefit of any third party.

(d) assisting making decisions concerning the use or procurement of hardware or software that is to be used for the benefit of any third party.

These licenses are typically provided to End Users.

4.7 Use in Tenders

In a situation where one organisation wishes to issue a tender for the procurement of hardware and/or services and wishes to use a performance metric from the Subscriptions (such as RPE2) as part of its evaluation criteria, then IDEAS will permit the tenderer to disclose a specific relative performance metric (such as RPE or RPE2 or similar), or a ‘must meet or exceed’ performance metric as part of its requirements, and IDEAS will permit a tenderer to include its relevant performance metric(s) in its response to the tender, at no charge, provided that the requirements of sections 5.2(a) to (f) of this Fair Use Policy are followed and:

(a) where the issuer of the tender wants to disclose the metric rather than request that tenderers must meet or exceed a metric then the issuer of the tender and the tenderer have their own Subscriptions that include the relevant performance metric and the tenderer has the appropriate ‘enterprise license’ in place, or

(b) where the issuer of the tender requests that a tenderer must meet or exceed a metric then the tenderer must have its own Subscription to the relative performance metric and cannot provide data to the tenderer unless the issuer of the tender and the tenderer have their own Subscriptions that include the relevant performance metric and the tenderer has the appropriate ‘enterprise license’

The organisation that wishes to issue the tender that includes the performance metric must ensure that each potential tenderer has its own Subscription that includes the relevant performance metric prior to issuing the tender to that potential tenderer.

If issuers of tenders are unsure they can contact fairuse@ideasinternational.com. 

5. Quotation and Usage Policy Principles

Any proposed use of IDEAS intellectual property outside the terms of the agreement between the licensee and IDEAS must be submitted to IDEAS in writing, and IDEAS’ written consent obtained prior to any use.

5.1 Extracts for Internal Business Purpose Use

When an Extract is taken for Internal Business Purposes then:

(a) the Extract must only be used in a document which must be marked “For Internal Business Purpose Use Only.  Confidential”.

(b) the source of the Extract must be acknowledged as coming from both IDEAS and the name of the Subscription, together with an acknowledgement that the Subscription is IDEAS’ Intellectual Property Rights using a copyright notice, ‘© Ideas International [year]. All Rights Reserved’.

(c) the Extract must not be used out of context, and a reader must not be misled or deceived, or must not be likely to be misled or deceived, by the use of the Extract.

(d) the Extract cannot be used in any medium that allows the Extract to be used as the basis of deriving other information automatically, including software applications that use the Extract to create reports or other outputs.

Where an Extract is required to be disclosed to third parties the other relevant sections of this Fair Use Policy apply, e.g. section 4.7, 5.2. and 6.

Where a Licensee wishes to use part of a Subscription to create a derivative work for internal business purposes, including a software application that uses any data from a Subscription to create reports or other outputs, this use is available as part of the license rights for the IDEAS Advantage Subscription.  Any other use of an Extract to create a derivative work using data from other Subscriptions or where the Licensee wishes to use the derivative works for other purposes may be available by separate agreement.

5.2 Extracts for Disclosure to Third Parties

Where a licensee wishes to disclose an Extract to third parties then the pre-requisites for IDEAS granting consent to such use and disclosure are:

(a) the Extract must not be more than an insubstantial part of the Subscriptions, Information Sheet or Deliverable.

(b) the Extract must come from a Subscription, External Use Report, Information Sheet or Deliverable that is less than 6 months old.

(c) the Extract must not used in any part of comparative advertising or promotion.

(d) the source of the Extract must be acknowledged as coming from both IDEAS and the name of the Subscription, External Use Report, Information Sheet or Deliverable together with an acknowledgement that the Subscription, External Use Report, Information Sheet or Deliverable is IDEAS’ Intellectual Property Rights using a copyright notice, ‘© Ideas International [year]. All Rights Reserved’.

(e) the Extract must not be used out of context, and a reader must not be misled or deceived, or must not be likely to be misled or deceived, by the use of the Extract.

(f) the materials in which the Extract is used should not state or imply that IDEAS endorses the licensee or any particular products or services, or believes that any product or services is better than another, or more appropriate for any person than another.

(g) the title or sub-title of a press release, newsletter or subject title of an e-mail must not include IDEAS’ name or trademarks (including IDEAS, Competitive Profiles etc).

Where the Extract is being used for direct financial gain for the licensee IDEAS reserves the right to charge a fee for such use.

6. Guidelines for Use of Extracts and Subscriptions in Advertising at Events and in the Media

6.1 Advertising

All advertising proofs or creative copy that includes the IDEAS name, Subscriptions, Information Sheets, Deliverables or Extracts must be submitted to IDEAS for review and approval prior to release. 

6.2 Sales Materials, including presentations

All sales materials, including presentation materials, that are to be shown to any third party (such as potential customers) that include the IDEAS name, Subscriptions, Information Sheets, Deliverables or Extracts must be submitted to IDEAS for review and approval prior to release. 

6.3 Events Featuring IDEAS Promotional Materials

Promotional materials featuring IDEAS’ research and/or materials must not attribute or indicate that IDEAS is sponsoring or co-hosting the event.  The IDEAS’ trade marks and/or logos are not to appear next to those of a third party, sponsor, co-host, vendor or competitor.

6.4 Media Releases

All media releases that feature the IDEAS’ name, Subscriptions, Information Sheets, Deliverables or Extracts must be submitted to IDEAS’ for review and approval.  If there are any changes after review by IDEAS, the revised media release must be re-submitted to IDEAS for final approval prior to publishing. 

7. Guidelines to using IDEAS name and Trade Marks

Any use of the name “Ideas” or “Ideas International”, or use any of IDEAS’ trade marks, service marks, get-up, logos or branding requires the written consent of IDEAS.  

8. Indemnity

THE GRANTING OF ANY CONSENT TO USE ANY OF IDEAS’ INTELLECTUAL PROPERTY UNDER THIS FAIR USE POLICY IS CONDITIONAL ON THE REQUESTOR ACKNOWLEDGING AND AGREEING THAT:
 

(a) THE SUBSCRIPTIONS, EXTERNAL USE REPORTS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS SUBSTANTIALLY COMPRISE DATA THAT HAS BEEN SOURCED FROM THIRD PARTIES.

(b) IDEAS ACCEPTS NO RESPONSIBILITY FOR:
 

(i) THE ACCURACY OF THE DATA IN THE SUBSCRIPTIONS, EXTERNAL USE REPORTS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS;

(ii) WHETHER THE DATA IN THE SUBSCRIPTIONS, EXTERNAL USE REPORTS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS IS COMPLETE, MISLEADING OR DECEPTIVE;

(iii) THE CURRENCY OF THE DATA IN THE SUBSCRIPTIONS, EXTERNAL USE REPORTS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS.

(c) IDEAS DOES NOT REPRESENT OR WARRANT THAT ANY SUBSCRIPTION, INFORMATION SHEET, EXTERNAL USE REPORT, DELIVERABLE AND EXTRACT WILL MEET THE REQUIREMENTS OF ANY PARTICULAR PERSON, INCLUDING THE REQUESTOR.

(d) WHERE THE SUBSCRIPTIONS, EXTERNAL USE REPORTS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS INCLUDE LINKS TO OTHER WEBSITES:

(i) IDEAS DOES NOT REPRESENT OR WARRANT THAT THE LINK WILL BE VALID, OPERATIONAL OR CURRENT;

(ii) IDEAS IS NOT RESPONSIBLE FOR THE CONTENT OF THAT WEBSITE.

(e) TO THE EXTENT PERMITTED BY LAW IDEAS DISCLAIMS ALL WARRANTIES RELATING TO THE SUBSCRIPTIONS, EXTERNAL USE REPORTS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS.  ALL SUBSCRIPTIONS, EXTERNAL USE REPORTS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND.  IDEAS DOES NOT MAKE ANY OTHER REPRESENTATION OR WARRANTY WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(f) THE REQUESTOR WILL INDEMNIFY AND HOLD HARMLESS IDEAS AGAINST ANY LOSS, DAMAGE OR EXPENSE (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE CONSEQUENCES OF ANY ACT, OMISSION, DECISION, INTERPRETATION OR OTHER UTILISATION OF THE INFORMATION CONTAINED IN THE SUBSCRIPTIONS, EXTERNAL USE REPORTS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS OR ANY CONTENT OF ANY WEBSITE THAT IS LINKED BY ANY SUBSCRIPTION, EXTERNAL USE REPORTS, INFORMATION SHEETS, DELIVERABLE OR EXTRACTS.
THESE PROVISIONS ARE INCLUDED INTO ANY CONSENT GIVEN BY IDEAS WHETHER OR NOT THESE CONDITIONS ARE SPECIFICALLY SET OUT IN THE CONSENT.

9. Who to Contact

Requests, approvals and questions should be sent to:

E-mail:   fairuse@ideasinternational.com

Phone:   +61 (0)2 9472 7701

You should include in your request:

• Copies of all materials that require approval.
• Contact details of the person who IDEAS should contact with any questions.

10. Changes to Fair Use Policy

IDEAS may change this Fair Use Policy at any time, by posting a revised Fair Use Policy on IDEAS website.  These explanations and policies are for general information only and do not change any of the terms and conditions with any licensee.  The Fair Use Policy does not constitute a waiver of any of IDEAS’ rights, all of which are specifically reserved. 



Last Revised: March-2011