Gartner, Inc. Copyright and Quote Policy

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Gartner, Inc.'s name and published materials are subject to trademark and copyright protection, regardless of source. To use the "Gartner" name, take excerpts of Gartner research or quote Gartner analysts, a usage request must be submitted in writing to Gartner Vendor Relations for approval. Such approval is at the discretion of Gartner Vendor Relations. Gartner reserves the right of refusal.

Gartner, Inc. is the definitive source of objective technology thought leadership. To protect our reputation for objectivity, we require the appropriate use of our company name and research. The Gartner, Inc. name, intellectual property, trademarks, or logo may only be used commercially in connection with advertising, sales materials or other commercial efforts with Gartner's explicit approval for each instance of use. This policy defines the criteria that will be used to issue that approval.

Violations:
Should a requestor fail to comply with this policy, Gartner reserves the right to impose quote bans of varying durations, including a ban on all use of the Gartner name. For repeat or persistent violators, such ban will be for a minimum period of (3) months. In addition, Gartner may seek additional remedies available under contract, copyright and other applicable law.

1. Quotation and Usage Policy Principles

2. Guidelines for Usage and Quotes Based on Context
    2.1 Advertising
    2.2 Materials Promoting Events Featuring a Gartner Analyst
    2.3 Press Releases
    2.4 Security Filings and Reports
    2.5 Limited Access Documents

3. Guidelines for Usage and Quotes Based on Research Source
    3.1 Cool Vendor
    3.2 Custom Client Engagement
    3.3 Dataquest
    3.4 Magic Quadrant
    3.5 MarketScope
    3.6 Vendor Rating
    3.7 Gartner Weblogs

4. Policy Regarding Copies of Published Research in its Entirety

5. How to submit a quote or usage request for approval

6. Who to contact

7. NOTES
   7.1 Attribution
   7.2 Basics of Copyright Law
   7.3 Re-licensed Content

1. Quotation and Usage Policy Principles

• All Gartner intellectual property is subject to this Quotation and Usage Policy. Vendor Relations must approve any external use in writing.
• This policy applies to all contexts in which the Gartner name or research may appear externally. It includes, but is not limited to advertising, annual reports, blogs, books, brochures, marketing materials, media alerts, newsletters, press releases, presentations, signage and speeches.
• Limited non-routine use of excerpts internally within client organizations is allowed and does not require pre-approval. All copyrighted material should be marked "For internal use only". For guidelines on distribution of research pieces in their entirety, refer to Section 4.
• Gartner research may not be used to endorse a vendor, product, service, or to criticize a vendor's competitor. No company-specific excerpts are permitted as they may imply endorsement within the context of vendor materials.
• Custom quotes are quotes developed for a specific purpose by an analyst. Custom quotes must be approved by the appropriate research analyst, consultant AND Vendor Relations in the context of the materials in which the quote will appear. Custom quotes are not permitted in white papers, advertisements, technology provider publications, releases announcing merger and acquisition, funding, earnings, new executive hire, survey results, or when a release is based solely on Gartner research. Custom quotes may not contain numbers or statistics without being properly sourced to the Gartner published research report.
• Quotes and excerpts must be from published research that is less than 12 months old. Requests for unpublished research will not be processed until the research report has been published on Gartner.com.
• Except for press releases, no more than 10% of a Gartner research report may be excerpted for use in any client document. In addition, the client document may not contain more than 30% Gartner research.
• Quotes from published research must be properly attributed to the original research source. Please refer to section 7.1 for attribution format.
• The Gartner name may not appear in the title/sub-title of a press release, newsletter or subject line of an email distribution.

2. Guidelines for Usage and Quotes Based on Context

2.1 Advertising
In addition to section 1:
• Gartner reserves the right to approve the appropriateness of the creative copy of the overall ad in which the Gartner name and research will appear.

2.2 Materials Promoting Events Featuring a Gartner Analyst
In addition to section 1:
• It must be clear that Gartner is being featured and not co-hosting or sponsoring the event.



• The Gartner logo may only appear next to the analyst name, session information or analyst biography within promotional material. The Gartner logo may not appear next to a vendor or other third-party logo, including that of the event sponsor. The Gartner logo may not exceed the size of the vendor logo.



• Hosting by third-party companies classified as Gartner competitors is not permitted.

2.3 Press Releases
In addition to section 1:
• The "About Gartner" boilerplate may appear only in Gartner corporate press releases.



• The use of the Gartner name or research in corporate boilerplates or signatures is not permitted.



• For specific information for press releases based on Magic Quadrant, MarketScope, Vendor Ratings, please refer to section 3.



• If there are any changes to the release after receipt of approval from Gartner Vendor Relations, the revised press release must be re-submitted in its entirety for final approval.


• One custom quote permitted per release.

2.4 Securities Filings and Reports
In additional to Section 1:
Clients may quote or use excerpts from Gartner's published Research in registration statements, prospectuses and reports filed with, or furnished to, the Securities and Exchange Commission ("SEC"), any stock exchange or other analogous state or foreign securities agency or authority, as well as in any reports to stockholders, under the following conditions only:

1. All requested quotes or excerpts from Gartner's published Research must be pre-approved by Gartner in writing or electronically; and
2. The issuer or reporting person must execute (by an authorized signatory) Gartner's Quote Indemnification Agreement, a copy of which shall be provided by Vendor Relations; and
3. Each use of a Gartner excerpt or quote in client's registration statement, prospectus or report must include full attribution to the relevant Gartner Research Note, including title, author and date; and
4. Gartner's disclaimer language, the most updated version of which is located below, must be included in the registration statement, prospectus or report at the bottom of the page where the first Gartner quote or excerpt appears, with appropriate footnote cross-reference to the quoted or excerpted language.

Please submit your quote approval request to vendor.relations@gartner.com. Please return the signed Quote Indemnification Agreement to fax number 1 866 681 4224 or scan and email to vendor.relations@gartner.com. All requested Gartner quotes or excerpts must be included in "Exhibit A" to the Quote Indemnification Agreement with full attribution to the relevant Gartner Research Note, including title, author, date and required disclaimer.

Any deviation from the above-referenced requirements must be pre-approved by Vendor Relations.

Required Disclaimer:

The Gartner Report(s) described herein, (the "Gartner Report(s)") represent(s) data, research opinion or viewpoints published, as part of a syndicated subscription service, by Gartner, Inc. ("Gartner"), and are not representations of fact. Each Gartner Report speaks as of its original publication date (and not as of the date of this Prospectus) and the opinions expressed in the Gartner Report(s) are subject to change without notice.

2.5 Limited Access Documents
"Limited Access" documents are documents that are not accessible or distributed to the general public, but are available only to a limited audience of the client's own subscribers, clients or prospects. These documents include only:

• Equity Research Reports
• Reports created as deliverables in a custom consulting engagement
• Road Show Presentations for Securities Offerings
• Confidential Investment Banking Pitch Books used to market investment/financing opportunities
• Proposals tailored to a specific prospect or client, which may appear in document or presentation format

While as a general rule, Gartner requires pre-approval of all requests for external use of the Gartner name and research, we will not require pre-approval for "Limited Access" documents, so long as:

1. the provisions of this Copyright and Quote Policy are fully complied with, including the quantitative limits set out in Sections 1 and 3.3, and
2. for Road Show Presentations for Securities Offerings, the Client has already received approval for the use of such Gartner Research in the accompanying Final Prospectus or Offering Memo, and
3. the following disclaimer is included in the document where the Gartner name and research will appear, in a format that can be readily viewed by the reader:

Required Disclaimer:

All statements in this report attributable to Gartner represent [Bank's/Issuer's/Client's] interpretation of data, research opinion or viewpoints published as part of a syndicated subscription service by Gartner, Inc., and have not been reviewed by Gartner. Each Gartner publication speaks as of its original publication date (and not as of the date of this [presentation/report]). The opinions expressed in Gartner publications are not representations of fact, and are subject to change without notice.

If clients desire Gartner to verify that quotes are accurate and comply with our Copyright and Quote Policy, Gartner provides a service that verifies quote accuracy and appropriateness. Clients wishing to take advantage of this service should contact Gartner Vendor Relations at vendor.relations@gartner.com.

To be clear, except for "Limited Access" documents, Gartner continues to require approval for all external use of the "Gartner" name and research in contexts including, but not limited to:

1. Press or media communications or announcements
2. Advertisements
3. Public filings, including securities filings
4. Content posted on web sites (except password protected sites accessible only to clients own subscribers, clients or prospects)
5. Material promoting Gartner analysts' participation at events

Gartner reserves the right to reinstitute quote pre-approval for any client that violates the provisions of this Policy.

3. Guidelines for Usage & Quotes Based on Research Source

3.1 Cool Vendor
In addition to section 1:

• All press releases based on Gartner's Cool Vendor research must comply with the Cool Vendor Press Release Template.



• No other use of the term Cool Vendor is permitted in vendor marketing materials when associated with Gartner, Inc. unless reprints are purchased. To purchase reprints, please contact reprints@gartner.com.

3.2 Custom Client Engagement

• No external use or excerpts from Custom Client reports and deliverables permitted.
• Custom Client and GartnerMeasurement reports in their entirety may not be reused or distributed unless otherwise agreed to in the contract agreement and approved by Gartner Vendor Relations.

3.3 Dataquest
In addition to section 1:

• Use data only from the most recently published Gartner report (most recent quarter or year). If actual reported data is available, use it instead of previously published estimates.
• When quoting from preliminary reports, state this clearly.
• Gartner data may not be commingled with any other analyst firm's data.
• Include in all ranking claims the relevant region and time frame. For example, "Gartner, Inc. has ranked Company X as the worldwide market share leader in web access management marketplace based on total software revenue for 2007."

To excerpt tables, charts and data points from Gartner research reports you must do the following:

• Note the excerpted Gartner research report in the attribution as "Source: Gartner, [Name of Report], [Date]"
  
  
• If you want to provide your own data points alongside Gartner's (understanding it cannot be commingled with Gartner's), include the following attribution: "Calculations performed by [my company’s name]".
  
  
• When comparing vendors, you must compare at least three vendors in your document
  
  
• In any given document, you may publish up to three tables or charts that are based on, or contain excerpts from Gartner research

If you are publishing a press release based solely on Gartner research, you may not include any custom quotes from Gartner analysts.

When submitting requests for quotation of table-based content, please make sure to provide the report name, date and relevant table numbers. This speeds the approval process.

3.4 Magic Quadrant
In addition to section 1:
Use this Magic Quadrant template to create your press release.

• Magic Quadrant Research is a qualitative evaluation of a set of vendors in a specific market; it is NOT a stack ranking. Gartner will decline the use of any Magic Quadrant research to endorse the position of one vendor over another or to negatively endorse competitors' positions.
• No retrospective wording permitted, for example, "fifth consecutive year" or "again".
• No comparative wording permitted, for example, "only", "highest" or "sole".
• If excerpting a quadrant definition from the report, it should be lifted verbatim and in its entirety.
• Custom quotes from analysts may not appear in press releases based solely on Magic Quadrant research.
• The Magic Quadrant graphic may not be excerpted and displayed as a stand-alone graphic in advertisements, annual reports, brochures, books, financial documents, press releases or, event signage.


The Magic Quadrant graphic may be excerpted as a stand-alone graphic for use in specific approved contexts, for example proposals and presentations provided:


1. The graphic is displayed exactly as the original with no edits or changes.
   
   
2. The full research document title, author and date are footnoted.
   
   
3. The Magic Quadrant disclaimer is prominently displayed on the slide.
   
   
4. No other content or commentary is permitted.
   
   
5. Reprints are purchased in order to provide the audience with access to the full research document. Due to the nature of the content, the graphic must be evaluated in the context of the entire research note. This is a stipulation for approval.

Please include the following wording in any materials in which the graphic is excerpted:

"This Magic Quadrant graphic was published by Gartner, Inc. as part of a larger research note and should be evaluated in the context of the entire report. The Gartner report is available upon request from (client name)."

To purchase reprints, please contact reprints@gartner.com.


• Any reuse or reference MUST have the following disclaimer (*) prominently published within the materials.

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* Magic Quadrant Disclaimer

The Magic Quadrant is copyrighted ______ (fill in date of publication) by Gartner, Inc. and is reused with permission. The Magic Quadrant is a graphical representation of a marketplace at and for a specific time period. It depicts Gartner's analysis of how certain vendors measure against criteria for that marketplace, as defined by Gartner. Gartner does not endorse any vendor, product or service depicted in the Magic Quadrant, and does not advise technology users to select only those vendors placed in the "Leaders" quadrant. The Magic Quadrant is intended solely as a research tool, and is not meant to be a specific guide to action. Gartner disclaims all warranties, express or implied, with respect to this research, including any warranties of merchantability or fitness for a particular purpose.

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Example of what Gartner will allow:

"XCORP is positioned in the Leaders Quadrant of Gartner, Inc.'s Application Integration Magic Quadrant."

Example of what Gartner will not allow:

"XCORP has jumped into the leadership position in Application Integration according to Gartner, Inc." or "XCORP is the recognized leader in the Application Integration market according to Gartner, Inc."

3.5 MarketScope
In addition to section 1:
Use this MarketScope template to create your press release.

• The same principles for Magic Quadrant research apply. Please refer to section 3.4.



• Use of "highest" is only permitted when stating "strong positive" is the highest possible rating given. No other use is permitted.



• Please include the following wording in any materials in which the graphic is excerpted:


"This MarketScope graphic was published by Gartner, Inc. as part of a larger research note and should be evaluated in the context of the entire report. The Gartner report is available upon request from (client name)."

To purchase reprints, please contact reprints@gartner.com.


• Any reuse or reference MUST have the following disclaimer (*) prominently published within the materials.




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* MarketScope Disclaimer

The MarketScope is copyrighted ______ (fill in date of publication) by Gartner, Inc. and is reused with permission. The MarketScope is an evaluation of a marketplace at and for a specific time period. It depicts Gartner's analysis of how certain vendors measure against criteria for that marketplace, as defined by Gartner. Gartner does not endorse any vendor, product or service depicted in the MarketScope, and does not advise technology users to select only those vendors with the highest rating. Gartner disclaims all warranties, express or implied, with respect to this research, including any warranties of merchantability or fitness for a particular purpose.



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Example of what Gartner will allow:

"XCORP rated "Positive" in Gartner's Partner Relationship Management MarketScope report."

Example of what Gartner will not allow:

"XCORP ranked highest in Gartner's Partner Relationship Management MarketScope report surpassing all competitors."

3.6 Vendor Rating
In addition to section 1:
Use this Vendor Rating template to create your press release.

• The same principles for Magic Quadrant research apply. Please refer to section 3.4.



• Use of "highest" is only permitted when stating "strong positive" is the highest possible rating given. No other use is permitted.


Please include the following wording in any materials in which the graphic is excerpted:

"This Vendor Rating graphic was published by Gartner, Inc. as part of a larger research note and should be evaluated in the context of the entire report. The Gartner report is available upon request from (client name)."

To purchase reprints, please contact reprints@gartner.com.


• Any reuse or reference MUST have the following disclaimer (*) prominently published within the materials.




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* Vendor Rating Disclaimer

The Vendor Rating is copyrighted ______ (fill in date of publication) by Gartner, Inc. and is reused with permission. The Vendor Rating is an evaluation of a vendor as a whole, not just on its position within a single market. It is based on Gartner's assessment of the vendor's vision and execution for a product or service, relative to Gartner's analysis of clients' requirements. It is not intended as a comparison relative to competitors in the market. Gartner does not endorse any vendor, product or service depicted in the Vendor Rating, and does not advise technology users to select only those vendors with the highest ratings. Gartner disclaims all warranties, express or implied, with respect to this research, including any warranties of merchantability or fitness for a particular purpose.



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Example of what Gartner will allow:

"XCORP rated "Positive" in Gartner's Vendor Rating report."

Example of what Gartner will not allow:

"XCORP ranked positively in Gartner's Vendor Rating report exceeding all other competitors."

3.7 Gartner Weblogs

• Comments or opinions expressed on Gartner Weblogs may be copied and redistributed on other weblogs, or otherwise for private, non-commercial or journalistic purposes. No other use is permitted.

4. Policy Regarding Copies of Published Research in its Entirety

Gartner does not permit the following uses of its research without prior written permission:

• Scanning, or otherwise importing publications into an electronic storage/retrieval system
• Broad distribution of publications to other units of the organization through electronic data transmission systems such as e-mail without the purchase of reprints
• Distribution of publications to external organizations via hard copy or electronically such as via e-mail without the purchase of reprints
• Distributing copies of publications to customers or prospective customers by company salespeople without the purchase of reprints
• Posting complete documents on an Internet or Intranet site without the purchase of reprints
• Posting partial sections of documents on an Internet or Intranet site without approval
• Placing Gartner content on a Web site other than one belonging to Gartner. Gartner content must always reside on our Web site, with the exception of PDF reprints

5. How to submit a quote or usage request for approval

Requests to quote, excerpt or reference the Gartner, Inc. name or research in any materials must be submitted to vendor.relations@gartner.com unless another e-mail address is noted herein.

To approve your quote request we require: The quote you wish to use The original research source of the quote, attached The materials in which the quote will appear, attached Indicate the location of the quote in both documents Estimated turn around time if you have provided all of the required information is 48 hours.

6. Who to contact

	Quote Requests, Approval and Questions
	North America and EMEA Primary Contacts: Marita Hume, Vice President Allison Fletcher, Manager Jane Wright, Manager		e-mail: vendor.relations@gartner.com phone: 1 203-316-6178
	AsiaPac		e-mail: apvendor.relations@gartner.com phone: 81 3 3481 3611
	Japan		e-mail: jpvendor.relations@gartner.com phone: 81 3 3481 3611
	Reprint Requests
	All Regions		e-mail: reprints@gartner.com phone: 1 203-316-6460

Changes to Policy

Gartner, Inc. reserves the right to change its policies or explanations of its policies at any time, without notice. These explanations and polices are for general informational purposes only and do not constitute a waiver with respect to any of Gartner, Inc.'s rights, all of which are specifically reserved. The policy in its most current form will be available on www.gartner.com under the Vendor Relations link.

7. NOTES

7.1 Attribution
In February 2000, Gartner officially dropped the word "Group" from its corporate name, and became Gartner, Inc.

The only proper ways to reference Gartner when providing attribution to us is (a) Gartner, Inc., or (b) Gartner Consulting. Gartner Group is no longer our company name.

When permission is granted, Gartner requires that proper attribution is included and, depending on the circumstances, that the material is reprinted with permission.

• Attribution to a Gartner analyst: According to John Doe, Principal Analyst, Gartner, Inc. and date if not ascertainable from the context.

• Attribution from published research: Gartner, Inc. plus the full title, author and date of the research.

7.2 Basics of Copyright Law
Copyrights protect original works of authorship. The types of works covered by copyright vary widely, from literary works such as books, poems, technical manuals, or software code, to audiovisual works, musical works or works of fine art. Only the copyright owner of a work, or someone who has the copyright owner's permission, may (1) make copies of the work; (2) create adaptations ("derivative works") based on the work; (3) distribute copies of the work; (4) perform the work publicly; or (5) display the work publicly. These are referred to as the "exclusive rights" of a copyright owner.

Copyright protection attaches to a newly created work as soon as it is "fixed in a tangible medium of expression". For example, spoken words alone, such as a speech delivered extemporaneously that is not written down, would not be protected by copyright because it is not "fixed in a tangible medium." Works do not have to be registered with the U.S. Copyright Office, and do not have to display a copyright notice, in order to enjoy copyright protection.

The United States and most of the industrialized world are parties to the Berne Copyright Convention, which means that each member country will respect and enforce the copyrights that originate in other member states.

Virtually all of Gartner's published research is protected by copyright, whether in printed or electronic form.

7.3 Re-licensed Content

• Print or Web Reprints
  Gartner sells reprints of most of its published research. Purchased reprints may be provided in their entirety for your internal associates, clients or potential clients. Use of reprints is subject to Gartner's reprint policy. Gartner must approve the marketing or promotional verbiage that advertises the availability of reprints. To purchase reprints, please contact reprints@gartner.com.



• Multimedia Products
  
  Multimedia products must clearly indicate that the contents include Gartner research. All promotional materials and packaging must reflect this emphasis. Gartner must approve the marketing or promotional verbiage related to these products. The Gartner logo may not appear next to a vendor logo (preferably the Gartner logo will appear at opposite ends of the CD or PowerPoint slide).



• Gartner Custom Newsletter Programs
  
  
• The Gartner-provided newsletter design will also reflect the above principles for Multimedia Products. In addition, custom analyst quotes are not permitted in Custom Newsletters.