Last Updated April 28, 2023
Access and use of the Lightcast Database Dataset and/or the Lightcast Analyst Application (collectively, hereinafter the “Lightcast Analyst Web App”or the “Lightcast Service”) is governed by the Lightcast Terms of Service. These Terms apply to all end users of the Lightcast Analyst Web App (“you”). You may use the Lightcast Analyst Web App only in compliance with these LIghtcast Terms of Service (the “Terms”). Further, you agree to require that all individuals who access the Lightcast Service do not:
(i) modify or create derivative works of the Delivery Mechanisms;
(ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose the Delivery Mechanisms or Database Dataset except as contemplated by this Agreement;
(iii) use the Delivery Mechanisms or Database Dataset in connection with any product or software other than the Licensee Application or beyond the defined scope of use for the Licensee Application and the Database Dataset;
(iv) distribute the Delivery Mechanisms or Database Dataset as a stand-alone product other than as allowed by these Terms;
(v) reverse-assemble the Delivery Mechanisms;
(vi) access, reverse engineer, or make available to any third party any interface or functionality of Lightcast’s applications, servers or services not expressly included in the Delivery Mechanisms, or otherwise documented by Lightcast for public use;
(vii) use the Delivery Mechanisms or Database Dataset in any manner or for any purpose that violates any law or regulation, including but not limited to Intellectual Property Rights, or rights of privacy;
(viii) sell, lease, share, transfer, or sublicense the Delivery Mechanisms or Database Dataset; (ix) use the Delivery Mechanisms in a manner that fails to comply or is inconsistent with any part of the documentation provided or available to you in connection with this Agreement;
(x) use the Delivery Mechanisms or Database Dataset in a product or service that substantially replicates or competes with products or services offered by Lightcast;
(xi) cause, assist or permit any third party to do any of the foregoing. Licensee has no rights with respect to the data and will not use the data except as expressly permitted by this Agreement.
Additionally, you understand and acknowledge that:
1. You are not permitted to sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose the data.
2. You shall not use the data in connection with any product other than Planning and Self-Study by Watermark.
3. You shall not use the data in any manner or for any purpose that violates any law or regulation, including but not limited to Intellectual Property Rights, or rights of privacy; sell, lease, share, transfer, or sublicense the data; and cause, assist or permit any third party to do any of the foregoing.
4. You understand and expressly acknowledge the data is provided “as is,” without warranty for a particular purpose or project. Neither Watermark nor Lightcast will be liable for misuse, or for the results of any planning errors based thereon.
5. You are fully responsible for the decisions that are made based on the data and the outcomes of those decisions, including any economic loss. The reports and forecasts in the data are created using proprietary analytical processes applied to data from public, proprietary, and government data sources. Lightcast uses estimates when data points are suppressed or missing, and such estimates are subject to error. Data may differ significantly from actual circumstances or outcomes. In addition, neither Watermark nor Lightcast make any representation regarding the availability or completeness of data aggregated from any source. The data uses global professional profiles built with data posted online by individuals about themselves. Such data comes from sources such as professional networking sites, talent hubs, blogs, publications, journals, and social networks. Any information obtained from such sources cannot be guaranteed or verified to be accurate or up to date.
6. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY WATERMARK OR LIGHTCAST AS IT RELATES TO THE LIGHTCAST SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. In the event any provision of these Terms is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms, and the parties will promptly substitute for the invalid provision a valid and enforceable provision which most closely approximates the intent and economic effect of the invalid provision.
8. Any litigation regarding these Terms shall be brought in the State of Texas, and this Agreement shall be interpreted according to the laws of the State of Texas without regard to any conflict of laws provisions.
9. Limitation of Liability. Under no circumstances, including negligence shall Watermark or Lightcast be liable to you or anyone else for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages (including damages that arise from loss of anticipated revenue, loss of information or material of any kind, lost profits, loss of business, even if advised of the possibility of such damages) that arise in connection with or result from your use of or inability to use the Lightcast Services.
10. Your access may be suspended or terminated without notice at any time for any reason (e.g., failure to pay, breach of these Terms, immediately upon expiration or termination of any applicable MSA governing the relationship between you (or the institution) and Watermark).
(c) 2023 Watermark Insights, LLC or its affiliates. All Rights Reserved. Economic Modeling, LLC doing business as Lightcast, is the owner of the Lightcast brand.