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Patent Evaluation and Patent Value Analysis Reports

Objective Evaluations of the Strength of Your Patents

Patent Value Reports and Patent Factor Index Reports analyze key indices contributing to the value of a patent or published application. Whether you need information to support licensing negotiations, patent acquisition, or competitive patent analysis, no other on-demand reports will give you more information faster. Read more about these reports here.

The Pantros IP Latent Semantic system evaluates the significant indices, comparing them to the most closely related patents in the patent's technology area, and do not involve human analysis. Your report data remains confidential and objective.

Availability: All three types of reports (Patent Value, Patent Factor, and Combined) are available to request for US publications, grants, and reissues. Patent Factor Index reports are also available for DE, EP and WIPO/PCT.

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US 20030030502
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Patent Value Reports do not compute value of Provisional Patent Applications or non-US patents.
Design Patents are not available for the Patent Factor Index or Combined Reports.
Regardless of the methods used, determining the economic value of a patent is nearly impossible. Pantros IP's reports compute estimated value based on statistics, and should be used as a comparative gauge against known or estimated value of comparable patents.

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PANTROS IP SOFTWARE AND DATA LICENSE

LICENSE AGREEMENT TERMS

RECITALS

A.	Pantros IP is the owner of, or has acquired rights to, the Software and Data (as defined in the offering).

B.	Pantros IP desires to grant to Licensee and Licensee desires to obtain from Pantros IP a nonexclusive license to use the Software and Data solely in accordance with the terms and on the conditions set forth in this Agreement.

1.0	DEFINITIONS:

1.1	"Software" shall mean the computer programs in machine readable object code form listed in Section A and any subsequent error corrections or updates supplied to Licensee by Pantros IP pursuant to this Agreement.

1.2 	"Data" is defined as patent documents and non-patent document collections accessed by the Software, such Data being searchable, viewable or downloadable in various text, XML, image or any other human or computer readable formats as are, or become, available to Licensee under this Agreement.

1.3 	"Seat License" is defined as a non-concurrent, individually designated client access to the Software and Data by means of an authorized user identification (User ID) and password. A single user may access the Software and Data from a single computer during one concurrent session. Multiple concurrent access from more than one computer under a single authorized User ID and password will be counted as additional Seat Licenses. Seat Licenses may be transferred from one user to another as permitted in Section 2.2.1 during the Agreement term, provided that the prior user's Seat License access is disabled prior to assigning a new User ID and password for such Seat License.

1.4	 "New Seat Licenses" are defined as Seat Licenses added to the Licensee's account subsequent to the execution of this Agreement

2.0  	LICENSEE'S RIGHTS, REPRESENTATIONS AND OBLIGATIONS

2.1 	Subject to the terms and conditions of this Agreement, Pantros IP hereby grants and Licensee hereby accepts the nonexclusive, nontransferable, nonsublicenseable, royalty-bearing right and license, within the United States, Europe and countries into which software distribution is not restricted under Paragraph 4.0. ("Territory"), in accordance with this Agreement and only in conjunction with the Software and Data to:

2.1.1	Use the Software and Data for Licensee's internal business purposes, but not for use in a timesharing or service bureau arrangement or similar business for the benefit of third parties; and

2.1.2 	Make a reasonable number of copies of object code of the Data into any computer readable form solely for back-up purposes in support of Licensee's use of the Software and Data in accordance with this Agreement.

2.2	Use of the Software and Data is restricted to the number of Seat Licenses plus any System Administrator Seat License(s) for which license fees have been paid, and the Seat License user identification and password must correspond to the Seat License for which license fees have been paid. A "System Administrator Seat License" is defined as administrative access to the account management functions only.

2.2.1 	All employees, agents, representatives or outside legal counsel of Licensee may access the Software and Data provided they have obtained a Seat License user identification and password for which fees have been paid.

2.2.2 	Use of the Software and Data by any employee, agent, representative or outside legal counsel of Licensee shall be restricted to use exclusively and directly for and on behalf of the Licensee in accordance with this Agreement. Licensee represents and warrants that any agent, representative or outside legal counsel of Licensee will be bound by this Agreement as if they were employees of Licensee.  Licensee shall be responsible for any breach of this Agreement by any employee, agent, representative or outside legal counsel of Licensee.

2.2.3	Licensee agrees that it will accept periodic invoices for, and pay the lesser of a negotiated fee, or then-current published fees, for the downloading, exporting or analysis of Data that exceeds the agreed totals as listed in this Agreement.

2.2.4 	The Licensee agrees that New Seat Licenses activated during the Agreement term shall be licensed according to the terms of the invoice at the Seat License fee negotiated for additional Seat License(s). New Seat Licenses added subsequent to the start of a license period will be paid on a pro-rated basis for the number of days remaining on the original term of this Agreement.

2.2.5 	Licensee agrees to not distribute or redistribute any Software and Data in whole or part to any person or entity not a party to this Agreement, whether or not for profit or gain.  Licensee shall use reasonable efforts to prevent any person or entity from accessing the Software and Data, other than Licensee's employees, agents, representatives or outside legal counsel to the extent permitted by this Agreement and for which Seat Licenses have been paid or which are using System Administrative Seat Licenses as permitted by this Agreement.

2.2.6	Licensee agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of the Software, Data or output generated by the Software, and to reproduce and include same on each copy of the Software and Data.

3.0 	CONFIDENTIALITY

3.1 	Licensee hereby acknowledges and agrees that the Software and Data constitute and contain valuable proprietary products and trade secrets of Pantros IP and/or its suppliers, embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly, Licensee agrees to treat (and take precautions to ensure that its employees treat) the Software and Data as confidential in accordance with commercially acceptable standards to which Licensee protects its own confidential information, but in no event less than reasonable care.

3.2 	Except as specifically permitted by this Agreement, Licensee shall not directly or indirectly (a) use the Software, Data or any other information (including, without limitation, training information) provided by Pantros IP (collectively, "Confidential Information") to create any computer software program or data which is substantially similar to any Software or Data; (b) reverse engineer, disassemble or decompile, or otherwise attempt to derive the source code for, any Software (provided, however, that, Licensee hereby agrees that, if any applicable mandatory laws (such as national laws implementing Directive 2009/24/EC) give Licensee the right to perform any of the aforementioned activities without Pantros IP's consent, Licensee shall first notify Pantros IP of its intent to exercise any such rights); (c) encumber, time-share, rent, or lease the rights granted by this Agreement; (d) copy, manufacture, adopt, create derivative works of, translate, localize, port or otherwise modify any Software, Data or other Confidential Information of Pantros IP or grant anyone a license to engage in similar conduct. Results of any benchmark or other performance tests run on the Software or Data may not be disclosed to any third party without Pantros IP's prior written consent.

3.3 	Licensee does not have, and shall not claim that it has, any right in or to any of the Software, Data or the Confidential Information other than as specifically granted by this Agreement. Licensee shall promptly notify Pantros IP of any actual or suspected unauthorized use of the Software or Data or use or disclosure of the Confidential Information.

3.4 	Licensee acknowledges that the unauthorized use, transfer or disclosure of the Software, Data or Confidential Information, or copies thereof, will (i) substantially diminish the value to Pantros IP of the trade secrets and other proprietary interests that are the subject of this Agreement; (ii) render Pantros IP's remedy at law for such unauthorized use, disclosure or transfer inadequate; and (iii) cause irreparable injury in a short period of time. If Licensee breaches any of its obligations with respect to the use, transfer or confidentiality of the Software, Data or Confidential Information, Pantros IP shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.

4.0 	EXPORT LAWS. Licensee shall comply with all applicable export laws (the "Export Laws"). Licensee represents and warrants that Licensee, and each employee, agent, representative or outside legal counsel who accesses the Software, Data or Confidential information, (a) is not prohibited or restricted from receiving U.S. exports, software or information, and (b) will not use, export or re-export the Software, Data or Confidential information except in accordance with U.S. law.  Without limiting the foregoing, Licensee shall not export or re-export directly or indirectly (including, without limitation, via remote access) any part of the Software, Data or any Confidential Information to any country for which a validated license or other governmental authorization is required, or for which technology export restrictions apply under the current Export Laws of the United States or any other applicable jurisdiction. If at any time Pantros IP determines that the laws of any country in the Territory are or become insufficient to protect Pantros IP's intellectual or proprietary rights in the Software or Data, both parties will in good faith work with each other to protect Pantros IP's intellectual or proprietary rights in that country and, until such protection is obtained, such country shall be excluded from the Territory.

5.0 	
LIMITED WARRANTY AND LIMITATION OF LIABILITY. Pantros IP warrants that during the term of this Agreement the Software shall operate substantially in accordance with the then-current functional specifications available at the relevant location on the www.pantrosip.com website. It is agreed that Pantros IP is allowed to shut down, interrupt or hold the Software or any services provided hereunder for maintenance und updates. If, during the warranty period, Licensee believes that the Software is not operating substantially in conformance with such specifications, Licensee shall notify Pantros IP, and Pantros IP's only obligation shall be, at Pantros IP's election, to (a) use reasonable efforts to repair the Software, (b) provide a workaround to Licensee, (c) clarify or correct the functional specifications available on the www.pantrosip.com website, or (d) terminate this Agreement and refund unused fees stated in this Agreement. The Licensee agrees that the FOREGOING CONSTITUTES THE LICENSEE'S SOLE AND EXCLUSIVE REMEDY, AND PANTROS IP'S EXCLUSIVE LIABILITY, FOR BREACH BY PANTROS IP UNDER ANY WARRANTIES MADE UNDER THIS AGREEMENT. This warranty does not cover any Software or Data that has been altered or changed in any way by anyone other than Pantros IP. Pantros IP is not responsible for problems associated with or caused by inaccuracy or incompleteness, and does not warrant that the Software, Data or any services will be uninterrupted or error free or that all errors in the Software, Data or any services will be corrected.

5.1 	SUPPORT

5.1.1	Error Corrections and Updates.  With respect to those error corrections, bug fixes, patches or other updates to the Software and Data which Pantros IP makes available to its customers at no charge, Pantros IP will provide Licensee with access to such error corrections, bug fixes, patches or other updates in object code form immediately after the official release thereof by Pantros IP.

5.1.2	Support.

(a)	Pantros IP shall provide Licensee with reasonable remote technical assistance and consultation by telephone or other electronic means with respect to the support of the Software ("Support").  All notices and requests for Support shall be made only by the Licensee contact person(s) designated on Licensee's Purchase Order or any replacement person(s) designated by Licensee to Pantros IP in writing.

(b)	Pantros IP shall furnish Support under this Agreement during its normal business hours (9:00 a.m. to 5:30 p.m. Pacific Time Zone, Monday through Friday, excluding Pantros IP holidays).

(c)	Licensee shall provide Pantros IP with full and free access to the Software and use of any equipment necessary to provide the Support.

(d)	Pantros IP shall not be obligated to provide Support if such service is required because of (i) accident, misuse or negligence by Licensee; (ii) Licensee's failure to implement corrections to the Software or documentation supplied by Pantros IP; (iii) incorrect or incomplete data or input provided by Licensee; (iv) causes external to the Software, including without limitation faulty electrical power or a hardware failure; (v) support or modification of the Software other than by Pantros IP; or (vi) transfer of the Software without the consent of Pantros IP.  In addition, Pantros IP shall be required to maintain under this Agreement only the most current release and the release of such Software immediately preceding the most current release.

(e)	If Licensee requests any support services which are not covered by this Agreement, such services will be provided at Pantros IP' discretion and at Pantros IP' then prevailing non-contract billing rate for such services.

5.2 	Other Modifications. Licensee may, from time to time, request that Pantros IP incorporate certain features, enhancements or modifications into the Software. Pantros IP may, in its sole discretion, undertake to incorporate such changes and may distribute the Software so modified to all or any of Pantros IP's licensees.

5.3 	Title to Modifications. All error corrections, bug fixes, patches, updates, upgrades, features, enhancements, improvements or other modifications to the Software or Data shall be the sole property of Pantros IP.

5.4 	No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.

5.5 	THE WARRANTY AND REMEDY PROVIDED IN SECTION 5.0 ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY LICENSOR, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER LICENSOR NOR ANY SUPPLIER OF INFORMATION TO LICENSOR WARRANTS, GUARANTEES, OR MAKES ANY REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS, RELIABILITY, CURRENCY OR OTHERWISE, OF ANY OF THE SOFTWARE, SERVICES OR DATA, THE ACCURACY OR RELIABILITY OF ANY STATISTICAL COMPUTATIONS OR REPORTS, OR THE USE OR RESULTS TO BE OBTAINED FROM USING THE SERVICE, SOFTWARE OR DATA OR THE INFORMATION CONTAINED THEREIN, OR ANY RELATED DOCUMENTATION OR WRITTEN MATERIALS. THE LICENSEE ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE AND DATA.

5.6 	LICENSOR'S LIABILITY TO THE LICENSEE (IF ANY) FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT PAID BY LICENSEE TO LICENSOR FOR THE SUBSCRIPTION FEE PAID FOR MOST RECENT MONTH'S ACCESS TO THE SOFTWARE.

5.7 	LIMITATION OF LIABILITY. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH LICENSOR IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY LICENSOR OF THE RISK OF LICENSEE'S CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHICH MAY ARISE IN CONNECTION WITH LICENSEE'S USE OF THE SOFTWARE. ACCORDINGLY, IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE LICENSEE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF LICENSEE'S TRANSMISSIONS OR DATA, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, DATA OR SUPPORT, OR OTHERWISE ARISING UNDER THIS AGREEMENT, EVEN IF LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.8	Certain Data.  Notwithstanding anything to the contrary in this Agreement, to the extent that any Data is in the public domain or obtained by Licensor from patent offices, (a) Licensor's Privacy Policy (described in Section 9.0) shall not apply to such Data, (b) Licensor shall bear no liability with respect to any errors or omissions in such Data and shall not be obligated to provide any warranty support or other support and maintenance for such Data, and (c) Licensor does not claim ownership of such Data.

6.0 	TERM AND TERMINATION

6.1	This Agreement becomes effective on the Activation Date and continues for the original term of this Agreement as specified in this Agreement, subject to termination as provided in Section 6.2.

6.2	Pantros IP may terminate this Agreement at any time for (a) non-payment of required fees as set forth in Section A and invoiced to the Licensee when activated, or (b) a material breach of this Agreement by the Licensee.

6.3	If this Agreement terminates under any provision in Section 6.2, no refund for any unused portion of the fees will be provided.

6.4 	If the license hereunder is purchased under an installment payment plan, and this Agreement terminates under any provision in Section 6.2, all unpaid license fees become immediately due and payable.

6.5 	Upon termination of this Agreement, Licensee may no longer access the Software, but may retain copies of all Data obtained prior to such termination, subject to paragraphs 3 and 4.0 which survive the termination of this Agreement.  Licensor may delete any stored user transaction data files at any time after the 30th day after termination or expiration of this Agreement.

6.6	Notwithstanding the termination of this Agreement, the provisions of Sections 2.2.5, 2.2.6, 3, 4, 5.5, 5.6, 5.7, 5.8, 6.3, 6.4, 6.5, 6.6, 7, 12, 13 and 14 shall specifically survive such termination in accordance with their terms.

7.0 	NOT LEGAL ADVICE. NONE OF THE SOFTWARE AND DATA MAY SHALL BE CONSIDERED TO BE LEGAL ADVICE. USE OF THE SOFTWARE AND DATA DOES NOT ESTABLISH ANY RELATIONSHIP OTHER THAN THAT OF LICENSEE AND LICENSOR .

8.0 	RIGHTS IN USER'S CONFIDENTIAL TRANSACTION DATA. Licensee is the sole owner of the transaction data User creates on its own behalf by use of the Software and Data, and which is stored upon the Licensee's personal data files upon the License Service (collectively, "Transaction Data"). Licensee's Transaction Data is considered confidential, and will be maintained in confidence, pursuant to the Licensor's Privacy Policy (described in §9.0). 
The Service access level agreed to in the Service offering defines any limitations to storage of Licensee's Transaction Data. In the event Licensee exceeds Transaction Data storage capacity of Licensee's personal data file storage space on the Licensor's servers, Licensee shall (a) be given the opportunity to lease additional data storage space, (b) have the ability to delete Transaction Data, thereby freeing up storage space for future Transaction Data storage, or (c) have the opportunity to purchase the Transaction Data copied to a CD ROM and sent to Licensee following which it will be deleted from Licensor's servers. LICENSEE ACKNOWLEDGES THAT FAILURE TO EXERCISE ANY OF THESE SERVICE OPTIONS IN A TIMELY MANNER WILL RESULT IN THE PERMANENT, NON-RECOVERABLE DELETION OF TRANSACTION DATA RECORDS FROM LICENSEE'S PERSONAL DATA FILES.

9.0 	PRIVACY POLICY. Licensor operates the Software and related services under its own Privacy Policy clearly accessible at www.PantrosIP.com website. Licensee has read, understands and agrees to Licensor's Privacy Policy as a condition of this Agreement.

10.0 	ENHANCEMENTS. From time to time Licensor may, in its sole discretion, advise the Licensee of certain updates, upgrades, enhancements or improvements to the Software for which Licensor charges a fee ("Enhancements"), and may license the Licensee to use such Enhancements upon payment of prices as may be established by Licensor from time to time. All such Enhancements to the Software provided to the Licensee shall also be governed by the terms of this Agreement.

11.0 	ACCESS AND USE. The Software is typically made available for use 24 hours per day, 7 days per week. Notwithstanding the foregoing, Licensor reserves the right to shut down the Software to resolve any technical issues that may arise.

12.0 	NOTICES.   Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the following address:

Office of the CEO
Pantros IP, Inc. 
2890 Gateway Oaks Drive, Ste. 250
Sacramento, CA 95833

Any notices sent to Licensee will be sent by e-mail to the last registered e-mail address recorded in the Licensee's user account file. Failure of the Licensee to receive any properly sent notice at the e-mail address in its user account file does not constitute failure of Licensor to send a notice under this provision, provided Licensor properly documents its attempt to deliver such notice.

13.0 	GOVERNING LAW AND VENUE. This Agreement is governed by the laws of the State of California, without giving effect to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and neither will the 1974 Convention on the Limitation Period in the International Sale of Goods (the "1974 Convention") and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Each party submits to the jurisdiction of the appropriate state or federal courts in California. Pantros IP may seek to specifically enforce or prevent a breach of any term of this Agreement in the appropriate courts of any state or country in which the Products are deployed by Licensee or in which Licensee resides or maintains an office. The prevailing party in any suit under this Agreement shall recover all costs, expenses and reasonable attorney fees incurred in such action. Nothing in this Agreement will be deemed a waiver by either party of any and all available legal or equitable remedies.

14.0	MISCELLANEOUS.

14.1	Severability.  If, under applicable law or regulation, any provision of this Agreement is invalid or unenforceable, or otherwise directly or indirectly affects the validity of any other material provision(s) of this Agreement ("Severed Clause"), it is mutually agreed that this Agreement shall endure except for the Severed Clause.

14.2	Waiver.  The terms of this Agreement may be waived only in writing and no failure or delay in enforcing rights hereunder shall be construed as a waiver.  The waiver by either of the parties hereto of any breach of any provision hereof by the other party shall not be construed to be either a waiver of any succeeding breach of any such provision or a waiver of the provision itself.

14.3	License to the Government.  If any Software, related documentation or Data are acquired by or on behalf of a unit or agency of the United States Government, the Government agrees that such Software, documentation or Data is "commercial computer software" or "commercial computer software documentation", respectively, and that, absent a written agreement to the contrary, the Government's rights with respect to such Software, documentation or Data are limited by the terms of this Agreement, pursuant to FAR §12.212(a) and/or DFARS § 227.7202-1(a) (or successor regulations), as applicable.

14.4	Assignment.  Licensee may not assign this Agreement, or any rights or obligations hereunder, whether by sale, merger or otherwise, without the prior written consent of Pantros IP. Any assignment by Licensee not in accordance with the foregoing shall be void.  Subject to the foregoing, this Agreement will bind and inure to the benefit of any successors or assigns of the parties.

14.5	Nature of Relationship.  Nothing herein shall be construed to place the parties in a relationship of partners or joint ventures, or of agency, and neither party shall have the power to obligate or bind the other in any manner whatsoever.

Pantros IP, Inc.
2890 Gateway Oaks Drive, Ste. 250
Sacramento, CA  95833

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