Deloitte Accounting Research Tool (DART), U.S. Version — Terms of Use
Access to the content on the US channel of DART, (for purposes of this U.S. Version of the Terms of Use, the term DART shall be limited to only the US channel of DART), is granted by Deloitte & Touche Products Company LLC (“Deloitte & Touche Products”). DART content is intended to be used under the terms of this agreement (the “Agreement”).
For purposes of this Agreement, a “User” is an individual who meets the following criteria (the “User Criteria”):
(i) is at least eighteen (18) years of age; and
(ii) if accessing in your capacity as an employee, officer, director owner of a company, is authorized to accept the terms and conditions of this Agreement on behalf of your company (the “Company”) and hereby accepts these terms and conditions on behalf of the Company.
USE OF DART CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY USING DART, YOU CONFIRM THAT YOU MEET THE USER CRITERIA SET FORTH ABOVE, AND THAT YOU AND THE COMPANY AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD CEASE ANY USE OF DART.
1.0 GENERAL
1.1 DART is intended, in part, to provide guidance to assist the User in understanding generally accepted accounting principles and related regulatory information (“GAAP”).
1.2 Although Deloitte has provided certain content used in DART, Deloitte is not the author of the authoritative material, which is provided by third parties. Neither Deloitte & Touche Products nor Deloitte is responsible for the maintenance or reliability of the material provided by such third parties. Neither the provision of content for DART, nor the User’s use of DART, constitutes an audit, review or any other attestation services by Deloitte & Touche LLP. Neither Deloitte & Touche Products nor Deloitte is offering to perform or performing any professional services by reason of DART. In particular, neither Deloitte & Touche Products nor Deloitte is issuing an attestation report or forming or providing an opinion, report or any other form of assurance on any financial statements, financial information or internal controls of the Company or any other entity. Neither the Company nor the User may use or display Deloitte trade names, trademarks, service marks, logos, or trade dress (the “Deloitte Trademarks”) by virtue of or in connection with the User’s use of DART. The Company and the User agree that they will not use the Deloitte Trademarks in any manner, including, without limitation, in brochures, proposals, statements of qualifications or the like. While the Company may disclose the fact that the User uses the material contained in DART, in no event shall the Company or User state or imply that Deloitte & Touche Products or Deloitte has endorsed the Company’s accounting policies or practices.
1.3 While DART attempts to provide useful information, there are no claims, promises, or guarantees about the accuracy, completeness, adequacy, or compliance with authoritative guidance, including, without limitation, GAAP and Auditing Standards generally accepted in the United States of America, of the content or information contained in DART. The Company and the User acknowledge and agree that the content and information contained in DART should not be, and is not, a substitute for the professional judgment of a Certified Public Accountant (“CPA”), nor should it be used as a basis for any decision or action that may affect the Company or the User. Before making any decision or taking any action that may affect the Company or the User, a CPA or other qualified professional advisor should be consulted.
1.4 The Company and User acknowledge and agree that
(a) Deloitte & Touche LLP’s public audit clients should obtain audit committee pre-approval for subscriptions to DART,
(b) If the Company is a public company audited by Deloitte & Touche LLP, the Company is responsible for obtaining such audit committee approval and,
(c) Company’s ability to obtain a DART subscription is contingent upon Deloitte & Touche LLP’s confirmation that such approval has been obtained.
2.0 LICENSE
2.1 License. Subject to the User’s payment of the applicable license fee (the “License Fee”) in accordance with Section 4, the User is hereby granted a limited, non-exclusive, non-transferable license to use DART in accordance with the terms of this Agreement. This license shall continue until termination of this Agreement by the Company, the User or Deloitte & Touche Products in accordance with Section 9, or the discontinuance of DART by Deloitte & Touche Products, whichever comes first.
2.2 Permitted Use. The User may use DART solely for the Company’s internal purposes and, solely for purposes of study, training, and research questions. The User may generate the following for the Company’s internal use:
(a) no more than 25 hard copies of selected excerpts of specific documents from DART, where “selected excerpts” is defined as less than 25% of a specific document, and
(b) no more than 10 hard copies of a particular document in its entirety from DART, unless it is a publication such as a newsletter, which is intended for distribution. In instances where a document is printed in its entirety, the User hereby agrees to include the copyright notice as it originally appears on any such document on any such printed copies.
Should the Company desire to produce more than the amounts indicated above, the User must send a request to dart@deloitte.com for prior written permission, and pay any additional fees imposed.
2.3 Additional License Terms Applicable to Colleges and Universities. For the purposes of this Section 2.3 the “Company” shall mean an accredited college or university. Where the User is a Company faculty member, such User shall be assigned a password restricting their access to DART to their personal use, and such User shall not permit Company students or other Company personnel to access DART via their password. Company may purchase a subscription to DART permitting concurrent use of DART by an unlimited number of non-faculty Company personnel. Company may also purchase a subscription to DART permitting the concurrent use of DART by up to two Company students.
2.4 Additional Restrictions. The User’s use of DART is subject to the following additional restrictions. The User will not, and will not permit others to, (i) de-compile, reverse engineer or disassemble the Platform, or any components thereof, or apply any other process or procedure to derive the source code of any software included in the Platform, or allow any third party to do so; (ii) sell, re-license, rent, lease, provide service bureau or timeshare access to, the Platform; (iii) use the Platform for incorporation in any device, article, commodity, product or goods for use by or sale or lease to third parties, or for the provision of services to third parties; (iv) use the Platform or the output thereof in any way that is fraudulent or misleading, or violates applicable law, rule or regulation; (v) use the Platform in any way that: (A) interferes with or disrupts other network users, network services or network equipment, including spamming; (B) results in the introduction of computer worms or viruses; (C) involves the use of false identities; or (D) attempts to gain unauthorized entry to any servers or databases through which such Platform is provided; (vi) modify, copy, or otherwise reproduce DART; or (vii) remove any proprietary notices or labels displayed on DART.
All rights not expressly granted in this Agreement are reserved by Deloitte & Touche Products. There are no implied rights granted with respect to DART, including, without limitation, the content or information contained therein.
2.5 Comments and Highlighting Feature. DART includes a comments and highlighting feature which gives the User the ability to insert comments and highlighting into authoritative or Deloitte Interpretative Guidance (the “Comments and Highlighting Feature”) The Comments and Highlighting Feature limits comments to free text fields of 250 characters or less. The User acknowledges and agrees that User shall use the Comments and Highlighting Feature solely to bookmark items for future reference and to make notes on relative potential areas of application.
2.6 Additional Restrictions Applicable to the Comments and Highlighting Feature. The User’s use of the Comments and Highlighting Feature is subject to the following additional restrictions. The User will not, and will not permit others to, (a) use the Comments and Highlighting Feature as a repository for analysis, books and records, and documentation of a company’s accounting positions or similar activities; (b) include personally identifiable information (PII), of the User or third parties in the comment(s);
(c) include identifiable information regarding the User’s Company or other companies in the comment(s) or; (d) include libelous, defamatory, obscene, pornographic, abusive, or threatening words in the comment(s).
2.7 Except as expressly provided in this Agreement, no other rights in or to the DART materials shall be granted by or inferred from this Agreement, including, but not limited to, any copyright, trade secret, patent, trademark or other right.
2.8 The Company and the User agree that both the Company and the User shall be held responsible for any breach of this Agreement by the User.
3.0 RESERVATION OF RIGHTS
Deloitte & Touche Products reserves the right to change the terms set forth herein, or to add additional terms, and such changes or additions shall become effective immediately. Therefore, the User is advised to review these terms periodically.
4.0 FEES AND PAYMENTS
4.1 License Fee. The License Fees are posted on DART. Acceptance of this Agreement includes acceptance of the License Fees posted on DART at the time of the User’s subscription to the applicable content. The User is completely responsible for all charges, fees and taxes arising out of the User’s use of DART.
4.2 Payment. Deloitte & Touche Products will charge the User’s credit card for the total amount due, as determined above, at the time of registration, or following registration will send an invoice for electronic payment or by check, or apply the payment to the associated Deloitte work breakdown structure (“WBS”), if applicable. In the event payment is subsequently reversed by the User’s financial institution, or by any intermediary processing agency, Deloitte & Touche Products reserves all rights and remedies available at law or in equity, including, without limitation, the right to suspend the User’s use of DART.
5.0 CONFIDENTIALITY
5.1 Confidentiality. Deloitte & Touche Products will not enter, edit, or use the User’s information, except to the extent necessary to provide DART hereunder, or as may be required by law or regulation, or to respond to governmental inquiries, or in accordance with applicable professional standards or rules, or in connection with litigation pertaining to DART.
5.2 Security. Deloitte & Touche Products believes that it and its vendors use commercially reasonable practices, including encryption and firewalls, in an effort to prevent the unauthorized disclosure of User’s personal information and information concerning the Company. However, the Company and the User acknowledge that the Internet is an open system, and agree that neither Deloitte & Touche Products nor the Deloitte warrants or guarantees that third parties cannot or will not intercept or modify information (including, but not limited to, comments), or data submitted by the User.
5.3 Password. As part of the registration process for DART, the User will select a password. The Company and the User are responsible for maintaining the confidentiality of such password and shall not disclose it to any third party, and agree that neither Deloitte & Touche Products nor Deloitte has any obligations with regard to the use of such password by third parties. The Company and the User are responsible for any and all activities in the User’s account with the use of the User’s password. The Company and the User agree to notify Deloitte & Touche Products immediately if the security of the User’s account (including, without limitation, its password) may have been compromised.
5.4 Personal Information. You agree to, and consent to the collection and use of your information in accordance with, the Privacy Statement linked hereto.
6.0 AVAILABILITY
6.1 Availability. Neither Deloitte & Touche Products nor Deloitte warrants or guarantees uninterrupted availability of DART. Deloitte & Touche Products reserves the right to modify, suspend or discontinue DART or any portion thereof at any time, including, without limitation, the availability of any content, without notice or liability to the Company or the User. Deloitte & Touche Products may also impose limits on certain features and services or restrict the User’s access to all or parts of DART without notice or liability to the Company or the User.
7.0 SUPPORT
Deloitte & Touche Products endeavors to support the User in using DART through a variety of systems, including on-line help, FAQ, and the use of Live Help. Current availability of Live Help is specified in the help file. Deloitte & Touche Products uses commercially reasonable efforts to make such support tools readily available. However, neither Deloitte nor Deloitte & Touche Products warrants or guarantees that the online materials will be without errors or always be available or that Live Help will be available at the specified times.
8.0 WARRANTY; DISCLAIMERS; LIMITATION OF LIABILITY
8.1 DART IS PROVIDED “AS IS”, AND NEITHER DELOITTE & TOUCHE PRODUCTS NOR DELOITTE MAKES ANY OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING DART, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, COMPATIBILITY, SECURITY, OR ACCURACY. WITHOUT LIMITING THE FOREGOING, NEITHER DELOITTE & TOUCHE PRODUCTS NOR DELOITTE REPRESENTS OR WARRANTS THAT DART IS FREE OF ERRORS OR BUGS, OR MEETS ANY PARTICULAR GUARANTEE OF PERFORMANCE OR QUALITY, OR THAT THE USER’S USE OF DART WILL BE UNINTERRUPTED.
8.2 IN NO EVENT SHALL DELOITTE & TOUCHE PRODUCTS, DELOITTE, OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR THE INABILITY TO USE DART, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF DELOITTE & TOUCHE PRODUCTS AND DELOITTE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF FORM OF THE ACTION AND WHETHER OR NOT IN TORT, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID HEREUNDER TO DELOITTE & TOUCHE PRODUCTS FOR THE USE OF DART DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
8.3 THE FOREGOING PROVISIONS OF THIS SECTION 8 SHALL APPLY TO THE FULLEST EXTENT OF THE LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.
8.4 BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO THE COMPANY OR THE USER. If any of the above limitations are found to be unenforceable by a court of competent jurisdiction, such provisions shall not affect the other provisions, but such unenforceable provisions shall be deemed modified to the extent necessary to render THEM enforceable, preserving to the fullest extent permissible the intent set forth herein.
9.0 TERM AND TERMINATION
9.1 Terms.
Annual Subscription. Except as provided in Section 9.4, the term of this Agreement commences on the date of registration and terminates twelve (12) months thereafter. The User may terminate this Agreement within thirty days of registration and receive a refund of the License Fee. Thereafter, no refund of the License Fee will be paid.
Free Trial Subscription. The term of this Agreement commences on the date of registration and terminates thirty (30) days thereafter. The User may subscribe to one free trial term. The Company may subscribe to no more than three free trial terms.
9.2 Cancellation. At any time, the Company or the User may terminate this Agreement and the User’s use of DART by notifying Deloitte & Touche Products of such termination, in which case DART would cease to be available to the User as of the date of such termination. In addition, Deloitte & Touche Products may terminate this Agreement and the User’s use of DART, for any reason or for no reason, with thirty (30) days written notice to the Company or the User; provided that Deloitte & Touche Products shall refund the User or Company a pro-rata portion of the License Fee paid by the User or Company thereunder.
9.3 Termination for Breach. If the User leaves the employ of the Company during the term of this Agreement, the Company or the User shall so notify Deloitte & Touche Products and the User’s rights under this Agreement shall immediately terminate. Deloitte & Touche Products also reserves the right to suspend or terminate this Agreement and restrict, suspend or terminate the User’s use of DART, in each case in whole or part, without notice or liability to the Company or the User, with respect to any breach or threatened breach by the Company or the User of this Agreement. Further, Deloitte & Touche Products may terminate the Agreement in whole or any part thereof upon written notice to User or the Company if Deloitte & Touche Products determines that the performance of any part of this Agreement would be in conflict with law, or independence or professional rules; provided that Deloitte & Touche Products shall refund the User or Company a pro-rata portion of the License Fee paid by the User or Company thereunder.
9.4 User Groups. In the event that the Company or the User has established a group account for the Company with respect to DART, the User and all other users employed by the Company may, at the Company’s option, be grouped together for administrative purposes (a “Multi-User Group”) with one or more users designated as the group administrators (the “Group Administrators”). The term of this Agreement would then commence upon the date of the User’s registration hereunder, but would terminate twelve months after the date of the first Group Administrator’s registration (the “Group Term”). If the User is a member of a Multi-User Group and leaves the employ of the Company during the Group Term, the User’s rights under this Agreement shall terminate and a Group Administrator or Deloitte may assign the User’s rights hereunder to (i) another member of the Multi-User Group, or (ii) an individual employed by the Company who meets the User Criteria and agrees to the terms and conditions of this Agreement for the remainder of the Group Term.
10.0 MISCELLANEOUS
10.1 Third Party Beneficiary. Deloitte is an intended third party beneficiary of Sections 1, 8 and 10 of this Agreement.
10.2 Governing Law. The validity, construction and interpretation of this Agreement and the rights and duties of the parties hereto shall be governed by the internal laws of the State of New York, United State of America, excluding its principles of conflicts of laws.
10.3 Headings. Headings in this Agreement are for reference purposes only and shall not affect the interpretation or meaning of this Agreement.
10.4 Severability. If any of the provisions of this Agreement are found to be unenforceable by a court of competent jurisdiction, such provisions shall not affect the other provisions, but such unenforceable provisions shall be deemed modified to the extent necessary to render them enforceable, preserving to the fullest extent permissible the intent set forth herein.
10.5 Force Majeure. Notwithstanding any provision contained in this Agreement, Deloitte & Touche Products shall not be liable to the extent performance of DART or any terms or provisions of this Agreement are delayed or prevented by revolution or other civil disorders; wars; acts of enemies or terrorists; strikes; lack of available resources from persons or entities other than the parties to this Agreement; labor disputes; electrical equipment or availability failures; fires; floods; acts of God; federal, state or municipal action, statute, ordinance or regulation; or any other causes beyond Deloitte & Touche Products’ reasonable control.
10.6 Survival. The provisions of Sections 1, 2, 4, 5, 8, 9 and 10 of this Agreement shall survive the expiration or termination of this Agreement or the discontinuance of DART.
10.7 Assignment. The User may not assign, sublicense or otherwise transfer, in whole or in part, its rights or obligations under this Agreement. The Company may assign certain rights under this Agreement as provided in Section 9.4.
10.8 Waiver of Jury Trial. DELOITTE & TOUCHE PRODUCTS, THE COMPANY AND THE USER HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER IN CONTRACT, STATUTE, TORT (SUCH AS NEGLIGENCE), OR OTHERWISE), RELATING TO THIS AGREEMENT OR THE DELOITTE ACCOUNTING RESEARCH TOOL.
10.9 Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee (“DTTL”), its network of member firms, and their related entities. DTTL and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. In the United States, Deloitte refers to one or more of the US member firms of DTTL, their related entities that operate using the “Deloitte” name in the United States and their respective affiliates. Certain services may not be available to attest clients under the rules and regulations of public accounting. Please see www.deloitte.com/about to learn more about our global network of member firms.
Open Source Compliance Information — September 2019 Listing
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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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“Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
“Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
“Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or
merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
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You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
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9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
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