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Terms and Conditions of Trading

Definitions
References to "Juniper Research" or "Juniper" in this document mean Juniper Research Limited.
"The Client" means any person or company to whom Juniper Research shall supply, or contract to supply goods and services.
"The Material" means all publications and other material supplied by Juniper Research to the Client.
“Consumer” means any individual to whom Material is supplied for private use and who is not being supplied Material in the course of business
“Account Holders” means any person or company who (subject to Juniper Research confirming their status as an Account Holder) provides an upfront payment for the Material for a period of 12 months.

Licenses
Juniper Research reports are sold under license. The definitions of these licenses are as follows with details within the Annex:
- The purchase of a 'Single User License' grants access to a specific report for one person only and must not be shared with other employees within or without the same company.
- The purchase of a 'Multi-User License grants access to a specific report for two to five users only within the same department within the same company.
- The purchase of an 'Enterprise-Wide' License grants access to a specific report to a company wide audience. This excludes subsidiary companies or other companies within a group of companies.

Your order must specify which type of licence you require. A copy of the specific licences and Licence Agreement are annexed to these Terms and Conditions of trading. For the avoidance of doubt, acceptance of these Terms and Conditions constitutes acceptance of the terms of the Licence Agreement. Reports and other publications purchased from Juniper Research must remain within the license conditions and must not be shared or reproduced for other parties outside these conditions or for public consumption. Exceptions to these conditions require prior permission from a Director of Juniper Research.

Effective Conditions
These terms and conditions shall apply to every contract for the sales of goods or services by Juniper Research in preference to any terms and conditions upon which the Client may trade whether or not Juniper Research shall have received notice thereof. The placing of an order shall be deemed to constitute an unqualified acceptance of these terms.

Variation
No alteration or variation of these terms and conditions shall be effective unless agreed in writing and signed by an authorised representative of Juniper Research.

Order Acceptance
Except at the sole discretion of Juniper Research only orders made in writing and received by postal mail, facsimile or through a secure website ordering process shall be acceptedand acted upon.On receipt of an order as set out above, You will be provided with confirmation by Juniper Research that your order has been accepted.

Prices
Unless otherwise stated, all prices are in Pounds (£) sterling and exclusive of VAT. All quotations are subject to a firm order being placed within two months, unless otherwise stated. Juniper Research reserves the right to increase the current rates from time to time prior to the placement of an order by notice to the Client. If dispatch by express service is required, Juniper Research reserves the right to invoice the additional costs incurred.

Payment
Payment for work shall be made within 28 days from the date of invoice unless otherwise specifically agreed in writing.
Without prejudice to any other right or remedy that it may have, if the Customer fails to pay Juniper Research on the due date, Juniper Research may:
1. Charge interest on such sum from the due date for payment at the annual rate of 6% above the Bank of England base lending rate, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment; and

2. Suspend all services until payment has been made in full.

Account Holders
For clients transacting as Account Holders, these Terms and Conditions shall apply to each individual item of Material.
On account payments by Account Holders shall cover a period of 12 months (unless stated otherwise by Juniper Research). Payments shall not be carried over beyond the 12 month period (beginning on the date of the payment) without the prior written permission of Juniper Research.

Delivery
Whilst delivery and completion dates are given in good faith, such dates are not guaranteed and Juniper Research accepts no liability for delay in delivery or completion, however caused. Juniper Research shall not be liable for any damage or loss suffered as a result of any delay in delivery.

Consumer Rights
If you are contracting as a consumer, you may cancel a contract at any time within seven working days from acceptance of your order. In this case, you will receive a full refund of the price paid in accordance with our refunds policy. To cancel a contract, you must inform us in writing. This provision does not affect your statutory rights.

Returned Goods
Goods sold and delivered are not returnable unless such a return is expressly authorised in writing by Juniper Research and in the event of such consent being given, Juniper Research may apply a reasonable handling charge in respect of the goods returned.

Products
Juniper Research reserves the right to withdraw any product from its range of any time or to withdraw any quotation prior to order without notice.

Copyright and Intellectual Property
The Material will be proprietary to Juniper Research and the copyright and all other intellectual property rights of whatever nature therein shall belong to and remain with Juniper Research. For the avoidance of doubt, Juniper Research may use all or part of the Material to be supplied for contracts with other clients of Juniper Research. The Material may only be used by the Client in accordance with the terms of the Licence obtained by them.

Confidentiality
The Client acknowledges that the contents of the Material are confidential and may not be reproduced or duplicated in any way or distributed to any person who is not a full-time employee of the Client and under an express duty of confidentiality to the Client. The Client agrees to take all reasonable measures to safeguard the confidentiality of the Material. Unless the Client specifically requests to remain anonymous, no attempt will be made to keep his participation confidential. However, subject to the written request of the Client, Juniper Research will hold confidential all information concerning the Client and his participation which is not already in the public domain.

Liability
The following provisions set out the entire financial liability of Juniper Research (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Client in respect of:
(a) any breach of the contract;
(b) any representation, statement or tortious act or omission, including negligence arising under or in connection with the contract.
All warranties, conditions and other terms implied by statute or common law (except for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

Nothing in these Terms excludes or limits the liability of Juniper Research for death or personal injury caused by Juniper Research’s negligence, or for fraud or fraudulent misrepresentation.
Subject to the above:
(a) Juniper Research’s total liability for direct loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of or failure to perform the contract shall be limited to the total price payable under the contract; and
(b) Subject to (a) above, Juniper Research shall not be liable to the Client for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise (in each case whether direct, indirect or consequential), or for any costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.

Assignment
The Client shall not, without Juniper Research's written consent, assign or transfer or purport to transfer this contract or the benefit thereof to any person whatsoever.

Enforceability of Conditions
Each condition hereof is to be construed as an individual and separate condition and the invalidity of any one or more conditions shall not affect the validity or enforceability of the remainder.

Disputes
The parties will attempt in good faith to resolve any dispute or claim arising out of or relating to the Contract promptly through negotiation between the respective parties.

If the matter is not resolved through negotiation, the parties will attempt in good faith to resolve the dispute or claim through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Centre for Effective Dispute Resolution (CEDR).
If the matter has not been resolved by an ADR procedure within 60 days of the initiation of such a procedure, or if either party will not participate in an ADR procedure, the dispute shall be referred to Court Legal Construction

These terms and conditions shall be subject to and construed in accordance with the laws of England and the Client irrevocably submits to the non-exclusive jurisdiction of the English courts.

ANNEX
LICENCE AGREEMENT - JUNIPER RESEARCH LIMITED


1. Definitions
This Licence Agreement is between Juniper Research Limited (“Juniper”) and the individual or company to whom Juniper has agreed to supply publications and materials
through Juniper’s online services (“You”). The following terms and conditions govern your use of the publications and the materials and content available therein ("Material"):

2. Scope of Rights Licensed
Juniper is granting a limited, non-exclusive, non-transferable licence to users of the type specifically detailed in clause 7 herein for use as particularly described. Any use of
Material must be clearly marked with the words “Used with the express permission of Juniper Research Limited”.

3. Ownership and Retention of Title
3.1 Retention of exclusive title and ownership of the copyrights and other intellectual property rights in the Material is vested and shall remain vested in Juniper. You
have no ownership rights in the Material.
3.2 Except as expressly set out herein, no part of the Material may be modified, copied or distributed in hardcopy or electronic form without prior written consent
from Juniper.
3.3 Any other use by a third party not expressly provided for in this Agreement is strictly prohibited and a breach of this Agreement.

4. Restrictions on Transfer
4.1 Reproduction or disclosure in whole or in part to parties other than You is permitted only with the written and express consent of Juniper.
4.2 The Material shall be treated at all times as a confidential and proprietary document for use in accordance with the terms of clause 7 herein.
4.3 Any purported sale, assignment, transfer or sub-licence without the prior written consent of Juniper will be void and will automatically terminate the Licence
granted hereunder.

5. Limited Warranty
5.1 The information contained in the Material is believed to be reliable but cannot be guaranteed to be correct, complete or free from errors.
5.2 If the Material’s electronic delivery format is defective, Juniper will replace the Material in question at no additional charge, only if notified of the defective formatting
within 7 days from the date of the original receipt of the Material.

6. Limitation of Liability
6.1 To the maximum extent permitted by law, Juniper or any its employees shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any
way from:
(a) any errors in or omissions from the Material available or not included therein;
(b) the unavailability or interruption to the supply of the Material or any features thereof or any Material;
(c) your use of any equipment in connection with the Material;
(d) the content of Material;
(e) any delay or failure in performance beyond the reasonable control of Juniper, or;
Juniper Research Terms and Conditions of Trading – March 2010
(f) any negligence of Juniper or its employees in connection with the performance of our obligations under this Agreement.
6.2 Our liability to you for breach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by this agreement shall, to the
extent permitted by law, be limited at our option to supplying the Material again or paying for their re-supply. Nothing in this Agreement is intended to exclude
liability for death or personal injury resulting from any negligence by us.
6.3 Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.
6.4 Subject to clause 6.2, the aggregate liability of Juniper in connection with any other claim arising out of or relating to the Material shall not exceed the total price payable under the Contract for the supply of Material. Your right to monetary damages in that amount shall be in lieu of all other remedies which you may have against Juniper.
6.5 Subject to clause 6.2, Juniper shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation,legal fees) in any way due to, resulting from, or arising in connection with the Material, or the failure of Juniper to perform its obligations, regardless of any negligence of Juniper.
6.6 The Material is provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgement.
6.7 Whilst reasonable efforts are made to keep the Material up to date, you should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result.

7. User Agreements
7.1. Single User

The Single User Agreement is a legal agreement between an individual person and Juniper for the use of the Material as selected and downloaded by You.
Under this Agreement you may install and use a copy of the selected Material on a single computer. The Material cannot be stored anywhere other than your individual computer. This Licence may not be shared or used concurrently on different computers (PCs, Servers, Intranets, etc). The Material are then to be used exclusively by you.

You cannot make the Material commercially available. Under no circumstances should other data be copied into our Material, nor may parts be cut out of the Materials into other documents, without our written permission.
Without prejudice to any other rights, Juniper may terminate this Licence if You fail to comply with the terms and conditions of this Agreement. In such an event,You must delete all Juniper Material covered under this Agreement.

7.2 Multi User
The Multi User Agreement is a legal agreement between You and Juniper for the use of the Materials as selected and downloaded by You. The Materials can then be stored on up to five computers within the same department.
Under this Agreement You may install and use a copy of the selected Materials on five computers. The Materials cannot be stored anywhere other than the designated five computers to be specified to Juniper. This Licence may not be shared or used concurrently on different computers (PCs, Servers, Intranets, etc).
The Material is then to be used exclusively by only the users of the five specified computers within the same department.

You cannot make the Material commercially available. Under no circumstances should other data be copied into our Materials, nor may parts be cut out of the Materials into other documents, without our written permission.
Without prejudice to any other rights, Juniper may terminate this Licence if You fail to comply with the terms and conditions of this Agreement. In such an event, You must delete all Juniper Materials covered under this Agreement.

7.3 Enterprise User
The Enterprise User Agreement is a legal agreement between You and Juniper for the use of the Material as selected and downloaded by You.
Under this Agreement You may install and use a copy of the selected Material for use by any member of your business. The Materials cannot be stored anywhere other than the computers belonging to your company or business. This Licence may be shared or used concurrently on different computers (PCs, Servers, Intranets, etc). The Material is then to be used exclusively by your company or business. This Licence does not extend to third parties, whether connected or unconnected to your company or business.

You may with Juniper’s prior written agreement disclose the Material to your consultants or other professional advisers, or use the Material for external presentations.

You cannot make the Material commercially available. Under no circumstances should other data be copied into our Material, nor may parts be cut out of the Materials into other documents, without our written permission.
Without prejudice to any other rights, Juniper may terminate this Licence if You fail to comply with the terms and conditions of this Agreement. In such an event,You must delete all Juniper Material covered under this Agreement.

8. Acceptance of Terms
8.1 The Material is property of Juniper and is licensed to You under the terms of this Agreement, in conjunction with Juniper’s Terms and Conditions of Trading.
8.2 By purchasing the Material, You agree to be bound by both Juniper’s Terms and Conditions of Trading and the terms and conditions of this Licence Agreement.

9. Governing Law and Jurisdiction
9.1 This Licence and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
9.2 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Licence or its subject matter or formation (including non-contractual disputes or claims).

*Effective from June 2011

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