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Research Usage Rights & Citation Policy

All trademark names are property of their respective companies. Information contained in any publication has been obtained by sources The Enterprise Strategy Group (ESG) considers to be reliable but is not warranted by ESG. Our publications may contain opinions of ESG, which are subject to change from time to time. All publications are copyrighted by The Enterprise Strategy Group, Inc. Any reproduction or redistribution of our publications, in whole or in part, whether in hard-copy format, electronically, or otherwise to persons not authorized to receive it, without the express consent of the Enterprise Strategy Group, Inc., is in violation of U.S. copyright law and will be subject to an action for civil damages and, if applicable, criminal prosecution. Should you have any questions, please contact ESG Client Relations at (508) 482-0188.

Research Usage Rights:

Information contained in ESG research materials (such as, but not limited to, research reports, briefs, blogs, webinars, presentations and tabulated results documents) is intended solely for the use of ESG clients that have purchased the aforementioned research materials.

Citation Policy

Select figures, tables and other information contained in ESG research materials may be used in client presentations, press releases and sales and marketing materials with express permission from ESG.  Approval from ESG will only be granted upon ESG’s review of the citation in context of the final client materials (e.g., press release, presentation, print or web advertisement creative, web page, etc.).

All citations of syndicated ESG research must include the following attribution to ESG:

Source: ESG Research Publication, Publication Title, Month Year

Examples:

Source: ESG Research Report, Server Virtualization: The Impact on Storage, November 2007

Source: ESG Research Brief, 2010 VOIS Rankings, January 2010

All citations of research statistics that are part of a custom research engagement conducted by ESG on behalf of a client must be clearly described as such in all client materials.
 

Standard Terms and Conditions for Use of an Individual ESG Publication 

  1. Personal Use of Services:  The services provided by ESG hereunder are solely for the benefit of the individual named on the face hereof (specifically not to include PR firms, other research or analyst firms without ESG’s specific prior written permission) and usage is limited solely to that single individual.  Unauthorized reprinting, transfer or other distribution to others is a serious breach of this contract and will result in damages to ESG which may threaten its business and be difficult to calculate. Accordingly, in the event of any such unauthorized distribution, without limitation of ESG’s rights otherwise, individual and ESG agree any individual participating in such unauthorized distribution shall be liable to ESG for liquidated damages in an amount equal to twice the maximum distribution price which ESG would have charged had it provided the distribution on an authorized basis at individual’s request.
  1. Limitation of Liability:  ESG IS NOT LIABLE FOR ANY DELAY IN PROVIDING SERVICES WHICH ARE DUE TO ANY CAUSE NOT WITHIN ITS CONTROL AND IN NO EVENT SHALL ESG BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY,  INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION OR LOSS OF DATA, REVENUE, OR PROFITS), EVEN IF IT HAS BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY.  Furthermore, ESG’s cumulative liability for all losses and damages under these General Terms and Conditions or otherwise shall not exceed the amount of any fees or charges paid to ESG within the preceding (12) months. ESG PROVIDES ITS SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS REGARDING THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  2. Individual agrees not to use ESG’s name for any promotional purpose or public announcement without ESG’s prior written approval.
  3. Copyright.  All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ESG and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Amazon and protected by U.S. and international copyright laws.
  4. By using this site, you agree that any litigation to enforce this Agreement shall be filed exclusively in either a state court in Worcester County, Massachusetts or a federal court in Massachusetts and that the laws of the Commonwealth of Massachusetts govern these Terms of Use.
     

Standard Terms and Conditions for IT Professional Individual Agreement

  1. Nature of Relationship:  The Enterprise Strategy Group, Inc. (“ESG”) intends to provide a valuable service to its clients, to respect all client interests, and to perform its undertakings in a professional, ethical manner.  ESG welcomes all client input as to actions it may take to improve its services and client satisfaction.
  1. Payments, travel expenses, finance charges, collection costs, taxes:  All invoices not paid within (30) days of invoice due date will be assessed a late charge of 1.5% per month (18% per annum) or the highest rate permitted by law on the unpaid balance until paid in full.  In the event that ESG brings any proceeding to collect amounts owed, it shall be entitled to recover the costs and expenses (including reasonable legal fees) incurred in collecting such amounts.  In addition to all other amounts payable hereunder, client shall pay all sales, use, and other taxes and duties of whatever nature, (herein “Taxes”) which are levied by reason of this agreement or any of the services.  In no event however, shall client be responsible for the payment of any Taxes on ESG’s net income.  This fee for subscription services does not include expenses and travel if applicable.
  1. Personal Use of Services:  The services provided by ESG hereunder are solely for the benefit of the client named on the face hereof(specifically not to include PR firms, other research or analyst firms without ESG’s specific prior written permission) and usage is limited solely to that single individual.  Unauthorized reprinting, transfer or other distribution to others is a serious breach of this contract and will result in damages to ESG which may threaten its business and be difficult to calculate. Accordingly, in the event of any such unauthorized distribution, without limitation of ESG’s rights otherwise, client and ESG agree client and any individual participating in such unauthorized distribution shall be liable to ESG for liquidated damages in an amount equal to twice the maximum distribution price which ESG would have charged had it provided the distribution on an authorized basis at client’s request.
  1. Limitation of Liability:  ESG IS NOT LIABLE FOR ANY DELAY IN PROVIDING SERVICES WHICH ARE DUE TO ANY CAUSE NOT WITHIN ITS CONTROL AND IN NO EVENT SHALL ESG BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY,     INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION OR LOSS OF DATA, REVENUE, OR PROFITS), EVEN IF IT HAS BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY.  Furthermore, ESG’s cumulative liability for all losses and damages under these General Terms and Conditions or otherwise shall not exceed the amount of any fees or charges paid to ESG within the preceding (12) months. ESG PROVIDES ITS SERVICES WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 
  1. Dispute Resolution:  If any dispute arises between client and ESG, the parties shall attempt to resolve it amicably through discussion and negotiation at the highest executive level, prior to initiating litigation.   Client acknowledges that monetary damages shall be insufficient to compensate ESG for improper distribution of ESG materials, and ESG shall be entitled to injunctive relief to prohibit such.  In any litigation, the prevailing party shall be entitled to legal fees and costs.
  1. Governing Law:  These Terms and Conditions and each related agreement shall be construed and enforced in accordance with the laws of The Commonwealth of Massachusetts without regard to its conflict of law provisions. Client and ESG agree that any litigation to enforce this Agreement shall be filed exclusively in either a state court in Worcester County, Massachusetts or a federal court in Massachusetts
  1. Solicitation of Employment:  So long as this Agreement is in effect and for a period of one (1) year thereafter, both ESG and Client shall not, directly or indirectly, solicit to employ, engage, hire and/or encourage to leave employment any employee of the other company’s employees.  ESG and Client acknowledges that violation of this provision shall entitle ESG and Client to injunctive relief as well as liquidation damages equal to two times the employee’s annual compensation.
  1. Assignment or Transfer:  Client shall not be entitled to assign or transfer any of its rights hereunder unless it first obtains the written consent to ESG, which shall not be withheld unreasonably so long as the transfer is not contrary to ESG’s interests.  If client is acquired during the period of this subscription client or the acquiring company is responsible for any/all outstanding obligations.
  1. Notices:  Any written notice or other written communication to a party shall be delivered personally, sent by fax, or sent by express carrier for next business day delivery or by United States registered or certified mail, freight or postage prepaid.
  1. Entire Agreement; Modification:  These General Terms and Conditions and any related agreements constitute the entire agreement between the parties with respect to the subject matter thereof, superseding all previous communications, agreements and negotiations, whether written or oral and creates no third party beneficiary rights of any kind.  No modification shall be binding unless it is in writing and executed by authorized representatives of ESG and client. 
  1. Cancellation and Active Projects: A project will remain an open commitment for 12 months from the agreement date.  At the end of those 12 months, that commitment and obligation will be considered fulfilled if the client has not for any reason moved the project forward, and any collected payments will not be refunded.
  1. Project Review Cycle: Client will be provided two opportunities to provide corrections and editorial suggestions during the project review cycle of engaged written content—a first pass after the first draft has been delivered and a second pass on the proposed final deliverable. Should the Client fail to provide corrections and editorial suggestions within 30 business days from delivery of draft, ESG will consider the written content accepted and the project completed.  Should the Client request a third opportunity to provide corrections, ESG will consider this a change request and further edits will be quoted and billed as a separate engagement. 
  1. Research Usage Rights & Citation Policy:  Information contained in ESG research materials (such as, but not limited to, research reports, briefs, blogs, webinars, presentations and tabulated results documents) is intended solely for the individual use of ESG clients that have purchased the aforementioned research materials. Distribution of any kind is strictly prohibited. 
  • Citation Policy : Select figures, tables and other information contained in ESG research materials may be used—without, unless explicitly authorized, any modification—in client presentations, press releases and sales and marketing materials with express permission from ESG.  Approval from ESG will only be granted upon ESG’s review of the citation in context of the final client materials (e.g., press release, presentation, print or web advertisement creative, web page, etc.). 
  • All citations of syndicated ESG research must include the following attribution to ESG:
  • Source: ESG Research Publication, Publication Title, Month Year
  • Examples:
  • Source: ESG Research Report, Server Virtualization: The Impact on Storage, November 2007
  • Source: ESG Research Brief, 2010 VOIS Rankings, January 2010
  • All citations of research statistics that are part of a custom research engagement conducted by ESG on behalf of a client must be clearly described as such in all client materials.
  • Citation Policy : Select figures, tables and other information contained in ESG research materials may be used—without, unless explicitly authorized, any modification—in client presentations, press releases and sales and marketing materials with express permission from ESG.  Approval from ESG will only be granted upon ESG’s review of the citation in context of the final client materials (e.g., press release, presentation, print or web advertisement creative, web page, etc.). 
  • All citations of syndicated ESG research must include the following attribution to ESG:
  • Source: ESG Research Publication, Publication Title, Month Year
  • Examples:
  • Source: ESG Research Report, Server Virtualization: The Impact on Storage, November 2007
  • Source: ESG Research Brief, 2010 VOIS Rankings, January 2010
  • All citations of research statistics that are part of a custom research engagement conducted by ESG on behalf of a client must be clearly described as such in all client materials.
  1. Client agrees not to use ESG’s name for any promotional purpose or public announcement without ESG’s prior written approval.
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