Access. Subject to a license fee and a number of users as agreed by the parties, SGS grants User, for the duration of the services term defined in the agreement between User and SGS for the provision of the Services, a non exclusive, non transferable and personal license to access the DataManager in order to read and view (i) audit, inspection and testing reports and/or related certificates and (ii) any other related compilation of data or statistical data in the form of text or images that SGS has uploaded into DataManager for the User (User Content). User Content will be made available for a minimum duration of one (1) year as from the date of the report or the certificate, following which the final reports and certificates may be archived and made available to User upon User’s request providing that the current license has not expired. The license granted hereby is personal to User.
These Terms of Access describe the terms and conditions applicable to User’s access to, and use of, the DataManager web based software application located at datamanager.sgs.com (the “DataManager”). DataManager is a web based software application hosted and powered by Oracle from which SGS received all rights to make it accessible to User. These Terms of Access shall be read in conjunction with SGS General Conditions of Services available at www.sgs.com/en/Terms-and-Conditions.aspx and Oracle’s software support services, available at http://www.oracle.com/us/legal/terms/index.html. By logging into the DataManager, User is indicating that it has read and understood these Terms of Access and that it agrees to comply with and be legally bound by all of its terms and conditions. “User” means either (i) any single person who registers to use DataManager as an individual with whom SGS has entered into any agreement with for the provision of Services, as defined in SGS General Conditions of Services, or (ii) any person who registers to use DataManager as an employee or a representative of a company with which SGS has entered into a master agreement for the provision of Services.
Registration Obligations: when registering to DataManager User agrees to: (a) provide true, accurate, current and complete information about himself or company as prompted by the account form and (b) maintain and promptly update his information to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or if SGS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SGS has the right not to set the account, or suspend the account or terminate User’s registration and refuse any and all current or future use of DataManager. If User has registered with SGS on behalf of a company or other entity then User represents and warrants that it has the authority to bind such company or other entity to these Terms.
User ID, Password and Security: During the registration process, SGS will provide User with a temporary User ID and password. User shall reset the latter himself as soon as received to ensure complete confidentiality. User is solely responsible for maintaining the confidentiality of its User ID and password and for all activities that occur under User ID and password. User agrees to (a) keep the password to himself and not share or sell it with anyone else, (b) not register for more than one account; (c) immediately notify SGS of any unauthorized use of User ID or password or any other breach of security and (b) ensure that User properly exits DataManager at the end of each session.
Restrictions of use. By registering or using DataManager, User agrees that the license to access DataManager is for User’s internal business purposes only and that it does not include any resale or commercial use of DataManager or its contents including User Content; any collection and use of any product listings, descriptions or prices; any derivative use of DataManager or its contents; any downloading or copying of account information for the benefit of another merchant or passing account information to any third party as well as any information on DataManager. DataManager or any portion thereof shall not be reproduced, duplicated, copied, sold, decompiled, reverse engineered or otherwise exploited for any commercial purpose. User further agrees that the use of User Content is subject to all limitations set forth in SGS General Conditions of service or any supplemental conditions set forth in the relevant Master Agreement.