General Conditions Scandinavia

1. General Application

These general conditions apply to all products and services ("Services") provided by Compu-Mark nv ("Thomson CompuMark"), including - but not limited to - online services ("the Online Service"). "Client" shall be defined as any person accessing, using or ordering any of Thomson CompuMark's Services including their Online Service. 
Thomson CompuMark may change the General Conditions, including the Terms of Use, at any time. If and when these terms and conditions are changed, Thomson CompuMark will notify Client by posting a message on the website homepage. By ordering or using the Services after a notice has been posted, the Client agrees to be bound by all of the changes. 

2. Undertaking of Thomson CompuMark

Thomson CompuMark's main activities are the delivery of searches, watches and publications and of online services and training relating to the same products. Thomson CompuMark does not give opinions concerning the use or non-use of the trademarks which are the object of its activities regarding searching, watching and publications. The reports and publications produced by Thomson CompuMark are intended to be consulted and used by trademark specialists. All information obtained through the use of the Services is for the exclusive use of the Client.  Thomson CompuMark does not accept any obligation towards any third party or generally towards any person who has not accepted these general conditions.

3. Scope and extent of the services delivered by Thomson CompuMark
   
   
1. Client is presumed to be aware of the notes and information in Thomson CompuMark's website and on reports (or annexed to the reports) and the publications which define the scope, extent and limitations of the Services.
2. Before ordering or using the Services, Client is invited to familiarize himself with the scope, contents, use and limitations on use of the Services.
   
   
4. Timescale for provision of services
   
   
1. Thomson CompuMark undertakes to make all reasonable efforts to respect the deadlines for communication of the results of the Services which appear on the order form or the documentation related to the Services. 
2. Nonetheless, Thomson CompuMark accepts no responsibility in the event that there is failure to communicate or illegible or incomplete communication due to the postal or telecommunications services or to delivery firms entrusted with the delivery of such communication.
3. In case of delay in the carrying out of Services, the liability of Thomson CompuMark is limited to the difference in price between the chosen and the actual turnaround times.
   
   
5. Renewal of watch services

Unless it has been expressly agreed upon to the contrary, any order placed by Client with Thomson CompuMark for watch services shall be renewed for successive twelve months periods unless the Client informs Thomson CompuMark of his decision not to renew in whole or in part the order at least one month prior to the expiry of the then current period.
Thomson CompuMark shall inform the Client that the on-going trademark watch services are up for renewal at least three months prior to the expiry of the current period. That notice shall list the watch services being rendered. If the Client has not reacted not later than one month prior to the expiry of the current period, the same services will be deemed to be ordered for an additional twelve month period.

6. Terms of use for the online services
   
   
1. By using the Online Service, the Client agrees to be bound by all terms of these conditions. If Client does not accept any portion of these conditions, he should exit the Online Service without accessing, downloading, or utilizing any information from it.
2. As a user of the Online Service, the Client is granted a nonexclusive, nontransferable, revocable, limited license to access the site. The access is personal to the Client, and Client may not assign his rights or obligations to any component of the Online Service to any other individual, law firm, company or entity.
3. Certain sections of the Online Service require the Client to register.  By registering or creating an account, the Client agrees to provide accurate and complete information and to inform Thomson CompuMark of any changes to that information.  Each registration is for a single user only.  The Client is responsible for preventing unauthorized use and for protecting the security of his username and password.  The Client is responsible for all charges incurred while the Client's account and password are being used. 
4. Thomson CompuMark may link to, or promote, web sites or services from other companies.  Thomson CompuMark is not responsible for, and does not control, those web sites, services and software. Similarly, Thomson CompuMark may post materials such as articles, white papers and pod casts to the Online Service authored by individuals not affiliated with Thomson CompuMark. Thomson CompuMark disclaims the responsibility for the accuracy of this information.
5. The Online Service will continue until terminated by either party upon 10 day notice of their decision to terminate. Such notice should be forwarded to the Customer Support Staff via telephone (+ 46 8 441 77 30) or Email (compumark.nordic@thomsonreuters.com). 
   Thomson CompuMark reserves the right to terminate or suspend the Client's access to the Online Service without notice, in the event of breach of these conditions, unauthorized assignment of the subscription or suspicion of unauthorized use of the Service.
   
   
7. Payment
   
   
1. Invoices are payable within 30 days from the date when the invoice is made out. Invoices are payable in the currency of the invoice and to the bank account stated on the invoice. Please clearly mention as a reference on your payment the number(s) of the invoice(s) you are paying.
2. Prices are subject to change. Thomson CompuMark will notify Client of pricing changes by posting a notice in the "Announcement" section of the Online Service or mailing Client an updated tariff guide. Client may also call Thomson CompuMark during business hours to receive current pricing information.
3. In case of failure to pay, all amounts due will bear interest at a rate of 2 % per month without prior notice, with a minimum of 125 EUR.  In case of delay in paying an invoice, Thomson CompuMark reserves the right to suspend all Services requested by Client including Client's access to the Online Service.
   
   
8. Confidential information/Intellectual property
   
   
1. The databases, the information they contain, outputs, documents and products derived from them, the user documentation and the reports or publications are the property of Thomson CompuMark, its affiliates or its licensors and is protected by copyright and other intellectual property laws
2. Information received through the Services, including the Online Service, is to be used solely for internal purposes.  Except with prior written authorization from Thomson CompuMark, no information received through the Services or the Online Service may be duplicated, reproduced, distributed, or otherwise disseminated, in whole or in part, in any form, except that limited reproduction is permitted for distribution within Client's organization. 
3. Under no circumstances may copies produced under this provision be offered for sale or resale, except if Client is an attorney or a law firm or trademark agent or consultant (a "Trademark Specialist") engaged primarily in the practice of law or trademark consultancy, limited reproductions of outputs by Client is permitted for distribution in connection with Client's legal representation of that party, provided that Client is not a company, partner or entity in the trademark research business or employed, directly or indirectly by a trademark research entity.  The copyright in such productions and any hardcopy or visual representation thereof will belong to Thomson CompuMark, its affiliates or licensors. More particularly is strictly forbidden any form of extraction and reutilization in the meaning of Article 7 of the Directive 96/9/ED of 11 March 1996 on the legal protection of databases.
4. Thomson CompuMark expressly prohibits the use of robotic, spider or otherwise automated modes of query generation and record retrieval.
   
   
9. Trademark and Copyright Notice

SERION and SAEGIS are registered trademarks of Thomson CompuMark and/or its affiliates, in the EU and elsewhere. You may not make any use of Thomson CompuMark' marks without the prior consent of Thomson CompuMark.
All output must include due acknowledgement that the information is from the Thomson CompuMark databases and contains the applicable copyright notice by Thomson CompuMark. Notwithstanding the foregoing, Thomson CompuMark makes no claim of copyright ownership in any information that is in the public domain.

10. Limitations of Liability
    
    
1. Thomson CompuMark's databases are compiled with the greatest of care, but are subject to the limitations which affect all documentary compilations. Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and the Service. By using the Service, the Client agrees that his access to, and use of the Service and content available through the services is on an "as-is," as "available" basis. Thomson CompuMark and its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the information available through the Service, or the Service itself. Thomson CompuMark is never, in the context of services generated using its databases or any other information sources, bound by any other obligation than one making all reasonable efforts. Any contractual or tortious liability that Thomson CompuMark might exceptionally incur is in any circumstances limited to five times the price paid to Thomson CompuMark to obtain the information which is the subject of the dispute.
2. Thomson CompuMark expressly disclaims responsibility for the accuracy of information originating from the various trademark and copyright offices or their publications, and for information originating from various other data sources, and any errors or omissions in said databases resulting from the use of such information or publications. Neither Thomson CompuMark, nor any of its affiliates, agents or licensors shall be liable to Client or anyone else for any loss or injury caused in whole or in part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Service and any information through the Service.
3. In no event will Thomson CompuMark, its affiliates, agents or licensors be liable to Client or anyone else for any decision made or action taken by Client in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
4. Thomson CompuMark accepts no responsibility for delays or errors caused by force majeure, including but not limited to acts of public authorities, storms, political unrest, social disorder, computer breakdowns or failures and intentional or negligent acts of third parties.
5. No written or oral information or advice given by Thomson CompuMark, its affiliates, agents, employees or any other person shall create a warranty or in any way increase the extent of this warranty and Client may not rely on such information or advice.
6. Thomson CompuMark accepts no liability for claims brought to its notice more than six months after the communication by Thomson CompuMark to its Client of the information which is the subject of dispute.
7. United Kingdom Common Law trademark searches are made in the best sources currently available: trade directories, gazetteers, on-line databases and general reference sources applicable to the categories of goods or services indicated. This is primarily a manual search and is limited to identicals only. Because businesses using a trademark in the United Kingdom can acquire rights without formal registration, this search is a valuable supplement to searches of the Trade Mark Registry; but, in common with other searches of this type, because every possible source cannot be searched and such searches would not, in any event, show any recent adoption of a name, the Thomson CompuMark report cannot be regarded to as a guarantee that a particular mark is or is not in use. If more details of a search report regarding sources or a particular item included in the report are required, the Client is requested to contact Thomson CompuMark. Generally any such items should be followed up by the Client independently as necessary.
8. The UK database includes current © Crown Copyright material and is made available with the agreement of the Comptroller-General of Patents, Designs and Trade Marks and with the permission of the Controller of Her Majesty's Stationery Office.
9. The Irish database includes © Government of Ireland Copyright material which is made available under the License of the Controller of Patents, Designs and Trade Marks.
   
   
11. Privacy

Please review our privacy statement for a description of our privacy practices and an explanation of how we may use any personal information we collect on this website.

12. Severability of Provisions

If any provision of these conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

13. Applicable law

These general conditions and all contracts and use of its services to which they are applicable are governed by Swedish law.


14. Jurisdiction

In the case of any dispute relating to these general conditions or to any contract or order to which they apply, only the courts of Stockholm (Sweden) have jurisdiction, save the right for Thomson CompuMark to bring the dispute to the courts having jurisdiction over the dispute under the rules normally applicable.