Terms of Use

Please read these terms and conditions carefully. By accessing the Cluster Profiles web site, http://data.isc.hbs.edu/cp/ (the “Web Site”), and any of its pages and downloadable files, you agree to be bound by these terms and conditions. The content contained on the site, including these terms and conditions is subject to change.

The Web Site is maintained by the Institute for Strategy and Competitiveness (the "Institute"), a part of President and Fellows of Harvard College ("Harvard"), and based on work authored by Claas van der Linde and Michael E. Porter (the "Authors".) As used in these Terms of Use, the terms "we," "us" and "our" refer to the Institute, Harvard and the Authors collectively.

1.  Limited License. Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, limited license to access and use the information, text, graphics, data, and other content of the Web Site (the "Content") for your personal, noncommercial use. You may also incorporate a small portion of the Content in documents and other works of authorship that are mainly the product of your own intellectual effort, and may distribute and disseminate those documents and other works, but only if neither you nor anyone else receives any payment or other value that is primarily attributable to the Content. A "small portion" of the Content means up to ten Cluster Profiles or the data from those Profiles. You must credit the Institute as the source of the Content as follows: "Source: Cluster Profiles, Institute for Strategy and Competitiveness, Harvard Business School" and include a copyright notice as described in Section 3.

We will grant, to qualified researchers, permission to use more extensive portions of the Content. Such permission must be received in writing from the Institute. Please contact iscdata@hbs.edu.

2.  Proprietary Rights; No Use of Name. You acknowledge that the Web Site and the Content are the property of Harvard and the Authors and are protected by copyright, trademark and other intellectual property laws. You agree not to use the Web Site or its Content for any unlawful or unauthorized purpose, or in any manner that would harm the reputation of the Institute, Harvard or the Authors. You agree not to use any name, emblem, logo, or trademark of Harvard or any of its subdivisions (including the Institute) in any manner, except in the form of attribution and copyright notice required by these Terms of Use.

3.  Copyright Notice. On any print-out, download, or copy of the Content you make that does not already include a copyright notice, you agree to include a copyright notice as follows: "Copyright © 2003. All rights reserved.”

4.  Disclaimer of Warranties. The Web Site and Content are provided "as is." To the fullest extent permitted by law we disclaim all warranties of any kind (express, implied or otherwise) regarding the Web Site or the Content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, ownership, and non-infringement. We make no warranty about the accuracy, reliability, completeness, timeliness, sufficiency or quality of the Web Site or the Content.

5.  Limitations of Liability and Remedies. Your use of the Web site and the Content is at your own sole risk. We shall not be liable to you for claims of any kind (whether based on contract, tort, including negligence, or any other grounds for liability) in connection with the Web Site or the Content. In no event shall we be liable to you for any indirect, special, incidental, consequential, punitive or other such damages in connection with the Web site or the Content even if we are negligent or otherwise at fault, and regardless whether we are advised of the possibility of such damages.

6.  Indemnity.  You agree to indemnify and hold harmless the Institute, Harvard and the Authors from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) resulting from your breach of any prevision of these Terms of Use or your use of the Web Site or the Content.

7.  Applicable Law and Jurisdiction. All matters arising from or relating to the use and operation of the Web Site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the Terms of Use or the operation or use of the Web Site or the Content will be heard and resolved exclusively in courts sitting in Suffolk or Middlesex County, Massachusetts. You hereby consent to the personal jurisdiction of such courts over you.

8.  General. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Last updated: July 3, 2003.