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Terms of Use

 

Terms of Use

These Terms of Use (“Terms of Use”), together with any other document referenced (whether by means of a hyperlink or otherwise) in these Terms of Use, govern the use, licensing and/or purchase of Stratfor Products (as defined below) through www.stratfor.com or any related website provided or maintained by Stratfor Enterprises, LLC or its affiliates and subsidiaries (collectively, “Stratfor,” “we,” “us” or “our”), by any individual, entity or institution (“Customer,” “you” or “your”). You may order Stratfor Products by means of an on-line form or a separate written agreement executed between you and Stratfor that sets forth the pricing and other terms for one or more Stratfor Products (in each case, an “Order Form”). Customers must be at least 18 years of age.

1. Changes to These Terms of Use

We may change these Terms of Use at any time. We may notify Customers of the changes in writing or electronically (including by email or by posting a notice on the Stratfor Products that these Terms of Use have been "updated" or similar words). The changes also will appear in this document, which you can access at any time through the Terms of Use link at the footer of the Stratfor Products made available through a website. By using a Stratfor Product after changes are made to these Terms of Use, you signify that you agree to be bound by such changes. If any changes are unacceptable to you, contact our Subscriber or Enterprise Services Departments in writing to discuss the matter.

2. Privacy

Personal Information and other information regarding Customers will be subject to Stratfor’s Privacy Policy. Customer Data (as defined below), including Personal Information (as defined below), may be accessed, stored and processed in the United States or any other country where Stratfor has facilities. By using any Stratfor Product, you consent to the transfer of information outside of your country. Stratfor may disclose information about your demographics and usage of Stratfor Products to advertisers and other business partners, provided that Stratfor will not reveal your personal identity in connection therewith.

3. General Terms and Definitions

3.1 “Customer Data” means any data that is provided by Customer to Stratfor (including through the Stratfor Products and Order Form) or accessed, stored or processed by Stratfor on behalf of Customer pursuant to this Agreement, including any Personal Information.

3.2 “Laws” means all Federal, national, state, provincial, local and other laws, rules, orders, statutes and regulations of governmental authorities having jurisdiction over the parties, the Stratfor Products, the Order Form(s) and these Terms of Use.

3.3 “Personal Information” means any information that: (a) can be used to identify, contact or locate a specific individual ; (b) can be used in conjunction with other personal or identifying information to identify or locate a specific individual, including, for example, a persistent identifier, such as a customer number held in a “cookie” or processor serial number ; or (c) is defined as “personal information” by applicable law relating to the collection, use, storage and/or disclosure of information about an identifiable individual.

3.4 “Stratfor Products” means, in any form or medium, (a) reports, briefings, scorecards, rankings, threat or other matrices, forecasts, spreadsheets, graphics, tables, charts, data, compilations of data, assessment tools, content, tools, web pages, e-mails, text messages, mobile apps, RSS feeds, bulk data downloads, widgets, images, text, illustrations, logos, webcasts, audio and video files, and all other Stratfor proprietary content, software, information and materials, including any application programming interface that supports the interoperation of Customer’s intranet or software applications with Stratfor’s website(s) and/or content ; (b) discussion, chat or similar forums provided or made available by Stratfor (“Stratfor Forums”), and (c) Stratfor’s intelligence and analytical methodologies. Customer’s access to and use of certain Stratfor Products (including reports available through the StratStore™) may be subject to additional terms and conditions as disclosed to Customer in connection with accessing such Stratfor Products.

3.5 As used in these Terms of Use, “including” and its derivatives mean “including without limitation.”

3.6 Stratfor may deliver invoices, statements and other account materials by email to Customer’s primary point of contact as designated in the applicable Order Form(s).

3.7 Customers may contact our Subscriber Services Department regarding any issues or concerns related to Stratfor Products for individual use (including billing questions) by calling 1-877-978-7284 from within the United States and Canada or at +1-512-744-4300, option 2 from outside the United States and Canada, or by sending an email addressed to [email protected]. Customers may contact our Enterprise Services Department regarding any issues or concerns related to Stratfor Products for team or enterprise use (including billing questions) by calling 1-877-978-7284 from within the United States and Canada or at +1-512-744-4300, option 4 from outside the United States and Canada, or by sending an email addressed to [email protected].

4. General Terms and Definitions

4.1 Upon Customer’s payment for one or more Stratfor Products ordered pursuant to an Order Form, Stratfor grants Customer a license (a “User License”) for the number of users specified in such Order Form (each an “Authorized User”) to access Stratfor Products during the term of such Order Form, subject to the terms and conditions of these Terms of Use and such Order Form. For Order Forms that include more than one Authorized User, each Authorized User must be a Customer family member, employee, consultant or independent contractor, and Customer is responsible for ensuring that its Authorized Users comply with the terms of the applicable Order Form(s) and these Terms of Use. Customer and each Authorized User are responsible for the confidentiality and use of all login credentials and passwords used to access the Stratfor Products.

4.2 Stratfor will issue a user ID and a password to Customer (or for Order Forms that include more than one Authorized User, to each Authorized User designated by the applicable Customer). No Authorized User may share his or her user ID or password with any other person. A User License is required for each Customer family member, employee, consultant or contractor who has access to the Stratfor Products ordered by Customer. Notify Stratfor’s Subscriber Services Department immediately if you believe that any log-in credentials or other Personal Information have been compromised.

4.3 For Order Forms that include more than one Authorized User, Customer will designate an individual (the “Customer Contact”) who is authorized to request additions or changes to Customer’s list of Authorized Users, remove Authorized Users, and otherwise update Customer’s list of Authorized Users. Customer will update the name of the Customer Contact when appropriate.

4.4 Access to the Stratfor Products is provided for Authorized Users only and may not be shared with others except as expressly provided herein.

4.5 To the extent a Stratfor Product gives you the ability to share a portion of a Stratfor Product via a hyperlink, “email this” button or similar capability, you will do so only in accordance with the terms for such sharing set forth in the applicable Stratfor Product. Any other sharing of Stratfor Products (by copying the content or otherwise replicating it) is prohibited, unless otherwise agreed in writing by Stratfor.

4.6. Stratfor may monitor the use of the Stratfor Products by Customer and its Authorized User(s) to ensure compliance with these Terms of Use and the applicable Order Form(s). For Order Forms that include more than one Authorized User, Stratfor may audit, upon reasonable prior notice to Customer, Customer’s records regarding Authorized Users and their use of the Stratfor Products in order to assess Customer’s compliance with these Terms of Use and the applicable Order Form(s). Stratfor may suspend Customer and its Authorized Users’ access to any or all Stratfor Products upon any material violation of these Terms of Use or the applicable Order Form(s), until such violation is remedied.

4.7. Stratfor Products may permit Customer to access content or services provided by third parties (“Third Party Offerings”). Customer and its Authorized User(s)’ access to and use of Third Party Offerings are subject to the terms of service and privacy policies governing the applicable Third Party Offerings. Stratfor makes no representations, warranties, covenants or guarantees regarding Third Party Offerings, whether or not such Third Party Offerings or services are designated by Stratfor as "certified," "approved," “recommended” or otherwise, or are provided by a third party that is a member of a Stratfor “partner” or similar program.

4.8. Stratfor warrants that the Stratfor Products are based on Stratfor’s reasonable efforts to compile and analyze the best sources reasonably available to Stratfor at any given time ; provided, however, any opinions reflect Stratfor’s judgment at the time and are subject to change. Stratfor does not give investment advice, or advocate or recommend the purchase or sale of any security or investment. Stratfor Products may include facts, views, opinions, and recommendations of individuals and organizations deemed of interest by Stratfor. Stratfor does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse, these views, opinions, or recommendations. Stratfor will comply with all Laws applicable to the Stratfor Products, including the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and any other applicable anti-corruption Laws.

4.9. Stratfor may use Customer Data to the extent necessary to make the Stratfor Products available to Customer. Customer owns all right, title and interest (including all intellectual property rights) in and to its Customer Data. Stratfor will implement and maintain industry standard information security policies and processes (including technical, administrative and physical safeguards) that prevent unauthorized access to or use or disclosure of any Customer Data. To the extent any Customer Data includes Personal Information, then Stratfor will comply with all applicable Laws relating to privacy and data protection, including, to the extent applicable, the European Union’s General Data Protection Regulation. Stratfor will promptly notify Customer in writing upon discovery of any breach or compromise of any Customer Data.

4.10. EXCEPT FOR THE WARRANTIES EXPRESSLY IDENTIFIED AS SUCH IN THESE TERMS OF USE OR THE APPLICABLE ORDER FORM(S), STRATFOR PRODUCTS ARE PROVIDED “AS IS,” AND STRATFOR MAKES NO, AND HEREBY DISCLAIMS ALL, OTHER WARRANTIES OF ANY KIND REGARDING THE STRATFOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5. Customer Obligations.

5.1. Customer will provide, and update as needed, information as necessary for Stratfor to communicate with Customer from time to time regarding the Stratfor Products, issue invoices or accept or process payments, and contact Customer for other account-related purposes. Customer agrees to keep any online account information current.

5.2. Stratfor Forums may or may not be moderated by Stratfor Personnel, and content (including queries and comments) posted by Authorized Users may or may not be visible to other participants in the Stratfor Forum (including other Stratfor customers), depending on the specific terms of the applicable Stratfor Forum(s). Stratfor is not responsible for, and cannot guarantee the accuracy, quality, integrity or veracity of, any information posted to any Stratfor Forum(s). Customer acknowledges that its Authorized Users should not post any proprietary or confidential information in any Stratfor Forums. You grant Stratfor a perpetual, worldwide, non-exclusive, sub-licensable and royalty-free right and license to publish, distribute, transmit, use, modify, edit and re-purpose all comments, information and other material posted in Stratfor Forums, as Stratfor deems appropriate in Stratfor’s sole discretion. Stratfor Forums may be subject to additional guidelines, codes of conduct or similar guidelines or policies published by Stratfor for Stratfor Forums, and Authorized Users must comply with all of the foregoing.

5.3. Stratfor is not responsible in any manner for any responses or comments posted by other Stratfor customers or third parties with respect to queries and comments posted by Authorized Users. Stratfor may remove or disable any content uploaded by Authorized Users that Stratfor reasonably and in good faith believes is inappropriate or violates these Terms of Use, any guidelines, codes of conduct or similar guidelines or policies published by Stratfor for Stratfor Forums, or applicable Laws.

5.4. Customer and its Authorized Users will not store, transmit, upload or share through the Stratfor Products (including any Stratfor Forum) any information, content, files or data, or otherwise engage in any conduct, that: (a) violates or infringes upon the rights of any third party ; (b) involves uploading, posting, emailing, transmitting or otherwise making available information, content, files or data that Customer does not have the right to make available under any law or under contractual or fiduciary relationships ; (c) involves sending unsolicited mass mailings or other communications ; (d) is likely to damage, disable, overburden, or impair the Stratfor Products or otherwise interfere with the use of the Stratfor Products by others ; (e) contains viruses or any other computer code, files or programs that interrupt, impair, destroy or otherwise limit in any way the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network ; (f) violates the applicable Order Form(s), these Terms of Use or any other terms of use, rules, guidelines, codes of conduct or policies applicable to the Stratfor Products ; (g) in any way constitutes or encourages conduct that could constitute a criminal offense under any Laws ; or (h) violates any U.S. denied-party lists, embargoed country restriction, or any other applicable Laws, including export or import Laws.

5.5. If Customer or any Authorized User is the U.S. Federal Government, Stratfor provides the Stratfor Products, including related software and technology, solely in accordance with the term of this Section. Government technical data and software rights related to the Stratfor Products include only those rights customarily provided to the public as defined in these Terms of Use. This customary license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a U.S. Federal Government agency has a need for rights not conveyed under these terms, it must negotiate with Stratfor to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable Order Form(s).

6. Payment Terms.

6.1. Customer will pay to Stratfor all recurring and non-recurring fees, charges and expenses set forth in the applicable Order Form(s) (collectively, “Charges”) in accordance with the payment terms set forth therein and in these Terms of Use. All payments must be made in U.S. dollars unless otherwise agreed in writing by Stratfor. Stratfor will process your Order Form(s), and any other communications or requests from you to Stratfor, as promptly as reasonably practicable.

6.2. Except to the extent otherwise expressly set forth in the applicable Order Form, User Licenses must be prepaid by credit card for the applicable initial term set forth in the Agreement. (If you wish to pay by wire transfer or check, please contact our Subscriber Services Department for more information.) User Licenses will be activated upon the successful processing of your payment.

6.3. For monthly subscriptions to Stratfor Products as set forth in an Order Form, Stratfor will charge your credit card for the applicable monthly rate up to five days prior to the end of each month.

6.4. For “trial” or similar subscriptions to Stratfor Products as set forth in an Order Form, Stratfor will charge your credit card at the applicable rate for the full subscription term up to 5 days prior to the expiration of the “trial” or similar period.

6.5. “Gift” or similar subscriptions will be subject to any additional terms and conditions, including expiration dates, set forth in the applicable Order Form(s).

6.6. Except to the extent otherwise expressly set forth in the applicable Order Form, by ordering a Stratfor Product with a credit card, you authorize Stratfor to automatically charge your credit card at the then-current rate 30 days prior to the expiration of the term of your Order FormIn addition, Stratfor may seek pre-authorization of your credit card account for each renewal to verify that the credit card is valid and has the necessary funds or credit available for your renewal.

6.7. To cancel an individual User License for any reason, you must call our Subscriber Services Department. Cancellations are processed promptly upon receipt of the cancellation request. Upon cancellation, all previously processed fees and charges are nonrefundable unless otherwise agreed in writing by Stratfor. Cancellation processes for Enterprise services will be subject to the terms outlined in your Order Form. For any questions regarding cancellation of Enterprise services, you must contact the Enterprise Services Department.

6.8. If an Order Form includes the right to receive a “premium” (for example, a book or StratStore report), Stratfor will email instructions for claiming the premium to you. You must claim the premium in accordance with the procedures set forth in those instructions no later than the deadline set forth in those instructions. Any premium not claimed in accordance with those instructions by the applicable deadline will be forfeited.

6.9. If Customer does not pay any Charges within 30 days after the applicable due date, then at Stratfor’s discretion, such Charges will bear interest at lesser of 1% per month, or the maximum rate permitted by law, from the date such payment was due until the date paid.

6.10. In addition, if any Charges are 60 or more days overdue, then Stratfor may, without limiting Stratfor’s other rights and remedies, suspend Customer’s access to the Stratfor Products until such amounts are paid in full. However, for Order Forms that include more than one Authorized User, Stratfor will not suspend Customer’s access while the applicable Charges are under reasonable and good faith dispute and Customer is cooperating diligently to resolve the dispute.

6.11. Customer is solely responsible for the payment of all taxes, assessments, tariffs and duties arising from or related to the Stratfor Products, and Stratfor will add such taxes to the charges for Stratfor Products. Stratfor will be responsible for any taxes assessed on Stratfor’s net income or employees.

6.12. If we issue a refund or credit to you for any reason, we are under no obligation to issue the same or any similar refund or credit to you for any reason in the future.

7. Intellectual Property Rights.

7.1. As used in this Agreement, “Intellectual Property Rights” means all intellectual property rights, whether registered or unregistered (including copyright, design rights, trade marks, patents, database rights, confidential information and know how) (“Intellectual Property Rights”).

7.2. The Stratfor Products, as well as the compilation (including the collection, arrangement, and assembly) of the content of the Stratfor Products, are the property of Stratfor, and Customer will have a limited, non-transferable, non-exclusive right to use the applicable Stratfor Products as set forth in the applicable Order Form(s) and these Terms of Use. Stratfor is a registered trademark of Stratfor, and the Stratfor Products may include other Stratfor marks. Stratfor’s marks may not be used in connection with any product or service that is not provided by Stratfor, in any manner that is likely to cause confusion among Stratfor’s business partners, or in any manner that disparages or discredits Stratfor.

7.3. Stratfor retains all Intellectual Property Rights in and to the Stratfor Products and all deliverables prepared by Stratfor in connection with the Stratfor Products, provided that Customer will have the right and license to use the applicable Stratfor Products in accordance with the terms of the applicable Order Form(s) and these Terms of Use.

8. Indemnities and Liabilities.

8.1. Stratfor will defend or, at its option, settle, any action, claim or proceeding brought against Customer to the extent that it is based upon an assertion that any of the Stratfor Products, when used by Customer in accordance with the applicable Order Form(s) and these Terms of Use, infringe, violate, or misappropriate a copyright, patent or trade secret of any third party (an “Infringement Claim”). Stratfor will indemnify and hold Customer harmless against all damages awarded and reasonable costs and expenses incurred in connection with any Infringement Claim, provided that Customer promptly notifies Stratfor in writing of the Infringement Claim, and gives Stratfor complete authority, information, and assistance to defend such Infringement Claim and sole control of the defense or settlement of such Infringement Claim.

8.2. IN NO EVENT WILL STRATFOR BE LIABLE TO CUSTOMER, ANY OF ITS AUTHORIZED USERS, OR ANY OTHER PARTY, FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE STRATFOR PRODUCTS, OR FOR ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STRATFOR’S LIABILITY, IF ANY, ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE), IN ANY WAY CONNECTED WITH ANY ORDER FORM, THESE TERMS OF USE OR ANY STRATFOR PRODUCTS, WILL NOT EXCEED THE AMOUNT PAID TO STRATFOR UNDER THE APPLICABLE ORDER FORM.

9. Term and Termination.

9.1. The term of each Order Form will commence on the effective date set forth in such Order Form, expire on the expiration date set forth in such Order Form, and, unless the applicable Order Form specifies otherwise, automatically renew for a term equal to the original term (excluding any “free,” “trial” or similar periods included with the original term, if any) unless either Stratfor or the applicable Customer gives the other written notice of non-renewal at least 30 days prior to the renewal date.

9.2. Except to the extent otherwise expressly set forth in the applicable Order Form, either Stratfor or a Customer may terminate any or all Order Forms then in effect for the Customer by giving written notice to the other if the other commits a material breach of an Order Form or these Terms of Use which is not remedied within 30 days after being required by notice to do so.

9.3. An Order Form may include additional termination provisions applicable only to such Order Form. The termination of an individual Order Form under such provisions will not affect the effectiveness of any other Order Form.

9.4. Any provisions in these Terms of Use or any Order Form that expressly or by their nature are intended to survive expiration or termination will survive any expiration or termination thereof.

10. General Terms.

10.1. Customer may not assign or transfer its rights under these Terms of Use or any Order Form unless otherwise agreed in writing by Stratfor.

10.2. These Terms of Use and each Order Form will be governed by and construed in accordance with the Laws of the State of Texas, U.S.A., without regard to its conflicts of law provisions. Any legal action arising under or relating to these Terms of Use or any Order Form will be heard exclusively in the Federal or state courts in Austin, Texas, U.S.A., and each of Stratfor and the applicable Customer consents to the personal jurisdiction of such courts.

10.3. If any provision of these Terms of Use or an Order Form is held to be invalid under applicable law, the remaining provisions will continue in full force and effect.

10.4. These Terms of Use and each Order Form can only be changed by an agreement in writing signed by Stratfor and the applicable Customer. Each Order Form may be executed in counterparts.

10.5. Stratfor and the applicable Customer each will, in connection with the provision or use of the Stratfor Products (as appropriate), comply with all applicable Laws.

10.6. Each of Stratfor and the applicable Customer was given the opportunity to consult with counsel of its choice regarding these Terms of Use and each Order Form.

10.7. Each of Stratfor and the applicable Customer will retain in confidence all information and trade secrets received from the other under any Order Form or these Terms of Use that have been designated as proprietary and/or confidential, or by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential, and will make no use or disclosure of such information or trade secrets except under the applicable Order Form(s) and these Terms of Use. However, if Stratfor and Customer have executed a confidentiality or nondisclosure agreement in connection with the Stratfor Products, the terms of such agreement will govern the parties’ confidentiality obligations under these Terms of Use and the Order Form(s).

10.8. Except as otherwise expressly set forth in these Terms of Use and the Order Form(s) executed by Customer and Stratfor, these Terms of Use and such Order Form(s) constitute the entire agreement of Customer and Stratfor regarding the Stratfor Products. In no case will any preprinted terms on any Customer order form, purchase order or similar document have any effect as between Stratfor and the applicable Customer.

11. Additional Terms for Lens Products.

In addition to the terms set forth above, the following additional terms will apply to Stratfor’s “Lens” family of content, including Threat Lens™ (collectively, “Lens Products”). Unless otherwise agreed by Stratfor in writing, these additional terms will not apply to the provision or use of any other Stratfor Products. To the extent of any conflict between the additional terms set forth in this Section and the terms set forth above, the additional terms set forth in this Section will control.

11.1. “Account Manager” means the individual designated by Stratfor as Customer’s primary point of contact for purposes of an Order Form for Lens Products. Stratfor may change an Account Manager .

11.2. “Service Units” means a prepaid unit of services that may be used by Customer to access various analyst or other interactions with Stratfor, as set forth in an Order Form for Lens Products.

11.3. “Stratfor Custom Services” means custom reports or other custom services set forth in an Order Form for Lens Products.

11.4. Each User License to a Lens Product entitles the Authorized User to do only the following (the “Lens Product User License Rights”): (a) use the applicable Stratfor Products in the performance of the Authorized User’s role for the Customer organization named in the applicable Order Form(s) ; (b) distribute information based upon the Stratfor Products within the Customer organization named in the applicable Order Form(s) ; and (c) make a copy or slide of each of the reports, briefings, scorecards, rankings, threat or other matrices, forecasts, spreadsheets, graphics, tables or charts contained in the Stratfor Products for presentation and distribution within the Customer organization named in the applicable Order Form(s), so long as Stratfor’s copyright and other proprietary notices remain affixed thereto. An Order Form may contain additional User License Rights with respect to particular Stratfor Products ordered thereunder. The User License Rights do not include the right to sell, transfer, sublicense, copy, republish, upload, post, distribute, or broadcast the Stratfor Products to any third party nor any employee, consultant or contractor of Customer who is not an Authorized User, except as expressly set forth in the first sentence of this Section.

11.5. Stratfor will provide the applicable Lens Products in accordance with Stratfor’s then-standard service level agreement. Stratfor will provide a copy to Customer upon request.

11.6. Unused Service Units for a Lens Product that were designated in the applicable Order Form(s) in “monthly” increments may be carried over to future months, provided that all unused Service Units will expire at the end of the applicable contract year, and will not carry forward to future periods. Stratfor will track Customer’s usage of Service Units and, upon Customer’s reasonable request, provide periodic reports to Customer regarding usage of Service Units, in accordance with Stratfor’s then-standard tracking and provisioning policies and procedures. Service Units that are measured in increments of time generally will be consumed in quarter-hour increments, in accordance with Stratfor’s then-standard tracking and provisioning policies and procedures. Stratfor may provide an estimate of the Service Units that would be consumed in order to address a specific Customer tasking upon Customer’s request. Stratfor may respond to requests that would require the expenditure of Service Units from any Authorized User, unless Customer has otherwise limited the use of Service Units to specific Authorized Users by giving Stratfor written notice. All provisioning requests for Service Units must be made to Customer’s Account Manager.

11.7. If an Order Form for a Lens Product includes a Stratfor application program interface (“Stratfor API”), Stratfor grants to Customer a non-exclusive, non-transferable right to use such Stratfor API solely for the purpose of accessing such Lens Product during the term(s) of the applicable Order Form(s), in accordance with Stratfor’s technical requirements and limitations for each Stratfor API as published by Stratfor from time to time. Upon the expiration or termination of the applicable Order Form(s), Customer will cease all use of the Stratfor API’s and delete all Stratfor API’s from Customer’s computer systems.

11.8. Stratfor warrants that accessing the Lens Products will not introduce into any Customer systems any viruses, worms, time bombs, Trojan horses or other harmful, malicious or destructive code. Stratfor also warrants that the Lens Products do not and will not infringe, violate, or misappropriate the copyright, patent or trade secret of any third party.

11.9. Stratfor warrants that, except as disclosed in writing to the applicable Lens Product Customers, no officer, director, or employee of Customer: (a) has received or will receive anything of value of any kind from Stratfor in connection with this Agreement ; or (b) has a business relationship of any kind with Stratfor.

11.10. Stratfor will maintain complete and accurate records relating to its provision of Lens Products to each Customer. The applicable Customer may audit such records during regular business hours, with reasonable advance notice and subject to reasonable confidentiality procedures. No Lens Product Customer may audit Stratfor more than once annually unless an audit reveals a noncompliance or is needed to satisfy such Lens Product Customer’s own legal compliance obligations or (if applicable) obligations as a publicly-traded company.

11.11. Stratfor covenants to Lens Product Customers that Stratfor will obtain and keep in effect, at Stratfor’s expense, insurance coverage as follows: (a) commercial general liability insurance, on an occurrence policy form, with policy limits equal to or greater than $1,000,000 per occurrence (combined single limit) and $2,000,000 in the aggregate, covering operations by or on behalf of Stratfor ; (b) professional liability or errors and omissions insurance including cyber liability coverage, with policy limits equal to or greater than $3,000,000 annual aggregate ; coverage to include the following: defamation, copyright infringement, trademark, and trade dress, loss of data, invasion of privacy, network security liability, theft, unauthorized disclosure, alteration, corruption, destruction or deletion of information stored or processed on a computer system, the failure to prevent the transmission of malicious code or malware (intentional or unintentional), remediation expenses, and infringement upon, materials used in the project or provision of services ; (c) workers’ compensation as required by law and employer’s liability insurance with policy equal to or greater than $1,000,000 combined single limit for each accident for bodily injury by accident, and $1,000,000 each employee for bodily injury by disease policy limits and $1,000,000 policy limit by disease ; and (d) umbrella liability insurance, on an occurrence policy form, with policy limits of $3,000,000 per occurrence and in the aggregate. Stratfor will furnish to Lens Product Customers a Certificate of Insurance evidencing all required coverages upon request.

11.12. Stratfor maintains, and periodically updates, a disaster recovery plan for business continuity and infrastructure redundancy, as well as incident response, risk management and prevention plans, for the Lens Products. Stratfor also conducts annual penetration testing and quarterly vulnerability scanning for the Lens Products. Stratfor will provide an executive summary of such plans and test results to Lens Product Customers upon request. In event of a disaster, Stratfor will implement the disaster recovery plan and otherwise use all necessary continuous efforts to reinstate the availability of the affected Lens Products as quickly as possible, at Stratfor’s expense.

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