Terms of use

These Terms of Use govern any access to and any use of any and all SNIA EMERALD Test Data Reports. The terms "You," "you," Your," and "your" refer to the individual accessing, downloading, or otherwise using any SNIA EMERALD Test Data Report and any company or other business or legal entity on behalf of which such use is being made.

1.      If you are accessing, downloading, or using any Test Data Reports on behalf of a company or other business or legal entity, you represent and warrant you are authorized to bind that company or entity to these Terms of Use.
 

2.      You represent and warrant that you agree that these Terms of Use may be and is set forth in the English language and that you understand and agree to these Terms of Use.
 

3.      SNIA hereby grants to you a limited, personal, nonexclusive, nontransferable license to download, access, and use Test Data Reports that SNIA has published and made available, for non-commercial use only. You agree to abide by any policies and procedures pertaining to the SNIA EMERALD program that SNIA may promulgate from time to time, including without limitation any future published SNIA EMERALD Program Policies and Procedures document(s). You agree not to make any use of Test Data Reports not expressly allowed under these Terms of Use. If there are questions as to appropriate and inappropriate use of Test Data Report and the contents contained in the report, please contact the SNIA Emerald Program Director to review you planned use, reachable by email at emerald@snia.org

a.       Examples of approved usage of Test Data Report and their data

                           I.          Program Participant and Test Sponsor publishes their own data in collateral, press releases, RFPs.
 

                          II.          Industry at large reviews data to make informed decisions in selecting storage solutions for their use or for their client’s use.
 

                        III.          If data from Test Data Reports will be compared, comparative information would not be made public. Comparative information would draw conclusions solely on data in the report. Comparative information would not be available for private sale.
 

b.      Examples of non-approved usage of Test Data Report and their data

                           I.          Public disclosure of comparative results, typically with the intent to make a claim that one Test Sponsor is superior in capability to another Test Sponsor.
 

                          II.          Using data to make extrapolations and projections that will lead to unsubstantiated conclusions that neither the Test Data Report could support or the Test Sponsor approves of.
 

                        III.          Distortion to the readability and clarity of the data and or charts in the Test Data Report to lead secondary users of the same data to be misinformed.
 

                        IV.          Partial use of data in the Test Data Report that draws a conclusion, that if the full set of data in the Test Data Report was used, a different conclusion would be made.
 

c.       Examples of Commercial Use, which are not permitted

                             I.          Aggregating some or all of the Test Data Reports into a publication or repository that has a monetary value for public or private sale. E.g. market analyst reports, commercial trade publications, educational books, whitepapers, research firm portals.
 

                           II.          Data from a report(s) is placed into tool(s) including analytical tools, energy calculators, lifecycle prediction models that result in commercial decisions to select a specific storage solution over another storage solution. Such tools would be publicly or privately accessible, which may be free to use or used for a fee.
 

4.      ALL TEST DATA REPORTS ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT ALLOWED BY LAW, SNIA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 
 

5.      TO THE MAXIMUM EXTENT ALLOWED BY LAW, SNIA DISCLAIMS ANY LIABILITY FOR DIRECT DAMAGES RELATING TO ANY AND ALL TEST DATA REPORTS OR OTHERWISE RELATING TO THESE TERMS OF USE. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL SNIA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST OR PROSPECTIVE PROFITS, OR LOST BUSINESS OPPORTUNITIES ARISING FROM OR RELATING TO ANY AND ALL TEST DATA REPORTS OR OTHERWISE RELATING TO THESE TERMS OF USE.
 

6.      These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the United States of America governing agreements made, entered into, and performed entirely in the State of California, United States of America, without reference to any choice-of-law provisions. Additionally, you submit to jurisdiction in California, United States of America, and further agrees that any claim arising under this Terms of Use agreement shall be brought exclusively in a court in the City and County of San Francisco, California, United States or the United States District Court for the Northern District of California.
 

7.      If any provision of this Terms of Use agreement shall be deemed invalid or unenforceable, that provision shall be reformed and/or construed consistently with applicable law as nearly as possible to reflect the original intentions of this agreement; and in any event, the remaining provisions of this agreement shall remain in full force and effect.
 

8.      Any waiver of any breach or covenant of this Terms of Use agreement must be in a writing executed by a duly authorized representative of the party waiving the breach. A waiver of a breach or covenant of this Terms of Use agreement shall not be construed to be a waiver of any succeeding breach or any other covenant unless specifically and explicitly stated in such waiver.