Fair Use Policy

1.   Purpose of this Fair Use Policy

Ideas International Ltd and its Affiliated companies (IDEAS) owns the proprietary rights in its names, trade marks, service marks, get-up, logos and branding, and its Subscriptions; all of which are protected by intellectual property law and contract law.   To use the name “Ideas” or “Ideas International”, or use any of IDEAS’ trade marks service marks, get-up, logos or branding, or to take and/or use extracts from the Subscriptions or any other material provided by IDEAS, or to create a derivative work, requires the written consent of IDEAS.  IDEAS reserves the right to refuse to give consent or to grant consent subject to any restriction or requirement (including the payment of a fee) as may be required in its absolute discretion.

This Fair Use Policy sets out the guidelines that IDEAS will use in determining whether to grant such consent.

This Fair Use Policy does not vary the terms and conditions of any agreement between a licensee of the Subscriptions, or any other Deliverable.  Subscriptions, Deliverables and any derivative works must be used in accordance with the agreement between the licensee and IDEAS. 

2.   Violations of this Fair Use Policy

IDEAS reserves the right to enforce its intellectual property rights, contractual rights and any other right it may have against any person or entity who violates this Fair Use Policy, without notice.

3.   Applicability

This Fair Use Policy applies to:

  1. all of IDEAS information products that are licensed to its customers, (Subscribers) including Competitive Profiles, Server CAR, Storage CAR, and other products licensed from time to time.  These products are referred to as Subscriptions in this Fair Use Policy.
  2. any other information or document that is provided by IDEAS, including New Products Alerts, Tech Trends, Benchmark HotSheets and Price Change Alerts, and other information and documents that are provided from time to time.  These are referred to as Information Sheets in this Fair Use Policy.
  3. any report, advice, paper or other item that is produced by IDEAS under a consulting agreement.  These are referred to as Deliverables in this Fair Use Policy.
  4. any data, including a single data item such as RPE/2 that is part of a Subscription, Information Sheet or Deliverable.  This is referred to as an Extract in this Fair Use Policy.

4.   Standard Rights to Use IDEAS’ Subscriptions

4.1  Subscribers who are not Data Providers

Typically IDEAS grants a Subscriber the right to:

  1. access and use the Subscriptions for a Subscriber’s internal business purpose.
  2. allow the Subscriber’s contractors, where licensed, to access and use the Subscriptions for the internal business purpose of the Subscriber.
  3. take copies of insubstantial extracts of the Subscriptions for internal business purpose of the Subscriber provided that the Fair Use Policy is complied with.

The Subscriber is prohibited from making any disclosure of the Subscriptions or any part of the Subscription to any third party without complying with the Fair Use Policy.

Typically these licenses are granted on an enterprise-wide basis or for a specific number of users, accessing a specific set of data applicable to a particular geographic region, for a defined period (usually 1 year).

4.2  Subscribers who are Data Providers

If the Subscriber also provides some of the underlying data that is used in the Subscriptions then typically the licensee may also have the option to be granted rights to:

  1. create derivative works.
  2. sub-license the Subscriptions to the Subscriber’s Business Partners to allow the Business Partner to access and use the Subscriptions for the internal business purpose of the Business Partner.
  3. allow the Business Partner to use derivative works created by the licensee for the internal business purposes of the Business Partner.
  4. allow the Business Partner to take copies of insubstantial extracts of the Subscriptions for internal business purposes of the Business Partner provided that the Fair Use Policy is complied with.

The Business Partner is prohibited from making any disclosure of the Subscriptions or any part of the Subscription to any third party without complying with the Fair Use Policy.

Typically these licenses are granted on an enterprise-wide basis or for a specific number of users, accessing a specific set of data applicable to a particular geographic region, for a defined period (usually 1 year).

4.3  What is Internal Business Purpose?

“Internal Business Purpose” means that the Subscriber must use the Subscription, Information Sheet, Deliverable or Extract only for purposes which are completely internal to the Subscriber.  Such use does not include allowing disclosure of the Subscription or any part (including any single data item) to any third party.

4.4  Acceptable Internal Business Purpose Use

Examples of acceptable internal business purpose use include:

  1. use to assist in making purchasing decisions on new equipment.
  2. use to assist in making pricing decisions on your own products.
  3. use to assist in positioning decisions on your own products.
  4. use in assessing the competitiveness of different products.
  5. use in materials designed to provide background information to sales and marketing personnel where such materials are not disclosed to customer, prospects or channel partners.

4.5  Prohibited Use

Examples of prohibited use include:

  1. use in marketing collateral that is to be shown to prospects or customers, including white papers.
  2. use on a website.
  3. use in presentations or other materials that are given to sales prospects.
  4. use in speeches to external parties.
  5. reference in blogs or similar on external websites.
  6. use in books, annual reports or other documents that are published.
  7. incorporation into a contract with a third party.
  8. providing data items (including comparative data items) to third parties to put into a tender to be issued by the third party.
  9. use in advertisements.

All such use that is not strictly for Internal Business Purposes must be approved in advance using the process in this Fair Use Policy.

5.   Quotation and Usage Policy Principles

Any proposed use of IDEAS intellectual property outside the terms of the agreement between the Subscriber and IDEAS must be submitted to IDEAS in writing, and IDEAS’ written consent obtained prior to any use.

5.1  Extracts for Internal Business Purpose Use

When an Extract is taken for Internal Business Purposes then:

  1. the document is marked “For Internal Business Purpose Use Only.  Confidential”.
  2. the source of the extract is acknowledged as coming from both IDEAS and the name of the Subscription, together with an acknowledgement that the Subscription is IDEAS’ Intellectual Property Rights using a copyright notice, ‘© Ideas International [year]. All Rights Reserved’.
  3. the Extract is not taken or used out of context, and a reader would not be misled or deceived, or would not be likely to be misled or deceived, by the use of the Extract.

5.2  Extracts for Disclosure to Third Parties

Where a Subscriber wishes to disclose an Extract to third parties then the pre-requisites for IDEAS granting consent to such use and disclosure are:

  1. the Extract should not be more than an insubstantial part of the Subscriptions, Information Sheet or Deliverable.
  2. the Extract must come from a Subscription, Information Sheet or Deliverable that is less than 6 months old.
  3. the Extract is not used in any part of comparative advertising or promotion.
  4. the source of the Extract is acknowledged as coming from both IDEAS and the name of the Subscription, Information Sheet or Deliverable together with an acknowledgement that the Subscription, Information Sheet or Deliverable is IDEAS’ Intellectual Property Rights using a copyright notice, ‘© Ideas International [year]. All Rights Reserved’.
  5. the Extract is not taken or used out of context, and a reader would not be misled or deceived, or would not be likely to be misled or deceived, by the use of the Extract.
  6. the materials in which the Extract is used should not state or imply that IDEAS endorses the Subscriber or any of the Subscriber’s particular products or services, or believes that any product or services is better than another, or more appropriate for any person than another.
  7. the title or sub-title of a press release, newsletter or subject title of an e-mail must not include IDEAS’ name or trade marks (including IDEAS, Competitive Profiles etc).

Where the Extract is being used for direct financial gain for the Subscriber IDEAS will charge a fee for such use.

6.    Guidelines for External use of Extracts and Subscriptions

6.1   Advertising

All advertising proofs or creative copy that includes the IDEAS name, Subscriptions, Information Sheets, Deliverables or Extracts must be submitted to IDEAS for review and approval prior to release. 

6.2   Sales Materials, including presentations

All sales materials, including presentation materials that include the IDEAS name, Subscriptions, Information Sheets, Deliverables or Extracts must be submitted to IDEAS for review and approval prior to release. 

6.3   Events Featuring IDEAS Promotional Materials

Promotional materials featuring IDEAS’ research and/or materials must not attribute or indicate that IDEAS is sponsoring or co-hosting the event.  The IDEAS’ trade marks and/or logos are not to appear next to those of a third party, sponsor, co-host, vendor or competitor.

6.4   Press Releases

All press releases that feature the IDEAS’ name, Subscriptions, Information Sheets, Deliverables or Extracts must be submitted to IDEAS’ for review and approval.  If there are any changes after review by IDEAS, the revised press release must be re-submitted to IDEAS for final approval prior to publishing.

7.   Guidelines to using IDEAS name and Trade Marks

Any use of the name “IDEAS”, Ideas or “Ideas International”, or use any of IDEAS’ trade marks service marks, get-up, logos or branding requires the written consent of IDEAS. 

8.   Indemnity

THE GRANTING OF ANY CONSENT TO USE ANY OF IDEAS’ INTELLECTUAL PROPERTY UNDER THIS FAIR USE POLICY IS CONDITIONAL ON THE REQUESTOR ACKNOWLEDGING AND AGREEING THAT:

  1. THE SUBSCRIPTIONS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS SUBSTANTIALLY COMPRISE DATA THAT HAS BEEN SOURCED FROM THIRD PARTIES.
  2. IDEAS ACCEPTS NO RESPONSIBILITY FOR:
    1. THE ACCURACY OF THE DATA IN THE SUBSCRIPTIONS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS;
    2. WHETHER THE DATA IN THE SUBSCRIPTIONS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS IS COMPLETE, MISLEADING OR DECEPTIVE;
    3.  THE CURRENCY OF THE DATA IN THE SUBSCRIPTIONS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS.
  3. IDEAS DOES NOT REPRESENT OR WARRANT THAT ANY SUBSCRIPTION, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS WILL MEET THE REQUIREMENTS OF ANY PARTICULAR PERSON, INCLUDING THE REQUESTOR.
  4. WHERE THE SUBSCRIPTIONS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS INCLUDE LINKS TO OTHER WEBSITES:
    1. IDEAS DOES NOT REPRESENT OR WARRANT THAT THE LINK WILL BE VALID, OPERATIONAL OR CURRENT;
    2. IDEAS IS NOT RESPONSIBLE FOR THE CONTENT OF THAT WEBSITE.
  5.  TO THE EXTENT PERMITTED BY LAW IDEAS DISCLAIMS ALL WARRANTIES RELATING TO THE SUBSCRIPTIONS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS.  ALL SUBSCRIPTIONS INFORMATION SHEETS, DELIVERABLES AND EXTRACTS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND.  IDEAS DOES NOT MAKE ANY OTHER REPRESENTATION OR WARRANTY WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  6. THE REQUESTOR WILL INDEMNIFY AND HOLD HARMLESS IDEAS AGAINST ANY LOSS, DAMAGE OR EXPENSE (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE CONSEQUENCES OF ANY ACT, OMISSION, DECISION, INTERPRETATION OR OTHER UTILISATION OF THE INFORMATION CONTAINED IN THE SUBSCRIPTIONS, INFORMATION SHEETS, DELIVERABLES AND EXTRACTS OR ANY CONTENT OF ANY WEBSITE THAT IS LINKED BY ANY SUBSCRIPTION, INFORMATION SHEETS, DELIVERABLE OR EXTRACTS.

THESE PROVISIONS ARE INCLUDED INTO ANY CONSENT GIVEN BY IDEAS WHETHER OR NOT THESE CONDITIONS ARE SPECIFICALLY SET OUT IN THE CONSENT.

9.   Who to Contact

Requests, approvals and questions should be sent to:

E-mail: 

Phone:  +61 (0)2 9472 7701

You should include in your request:

  • Copies of all materials that require approval.
  • Contact details of the person who IDEAS should contact with any questions.

Please allow at least 2 business days for review of your request.

10.   Changes to Fair Use Policy

IDEAS may change this Fair Use Policy at any time, by posting a revised Fair Use Policy on IDEAS website.  These explanations and policies are for general information only and do not change any of the terms and conditions with any Subscriber.  Nor does the Fair Use Policy constitute a waiver of any of IDEAS’ rights, all of which are specifically reserved.