IRS END USER LICENSE

IRS 2009 TERMS AND CONDITIONS OF PURCHASE AND USE

The sale, hire and use of the IRS data and software are, at all times, subject to the following terms and conditions agreed upon between you the user of IRS data and the software and, Media Research Users Council (MRUC) and Hansa Research Private Ltd (HRPL). For your easy reference the said agreed terms and conditions of use are being reproduced below.

Media Research Users Council and Hansa Research Private Ltd (hereinafter collectively referred to as 'Owners') hereby grant to the Buyer - User a non-exclusive, revocable, limited, non-transferable license to use the IRS Data solely for the legitimate business use. You may not sell, rent, lease, loan, or sublicense or otherwise transfer any IRS Data, in whole or in part, to any other party, or use the IRS Data to create any derived product for resale, lease, license or any other form of transfer.

DESCRIPTION OF INDIAN READERSHIP SURVEY THAT IS AGREED, ACCEPTED AND UNDERSTOOD.

1. Indian Readership Survey (hereinafter referred to as IRS) is a random sample survey, following internationally accepted concepts, standards and norms in media audience measurement.

2. The survey is conducted among individuals who are 12 year and above in age.

3. The individual/s selected for administering the IRS questionnaire, to the best of our knowledge, are not related to any members of MRUC or to any of the members and / or representatives of HRPL that conducts this research.

4. The inclusion of publications, TV channels, radio stations or any other media vehicle, brands, products, product categories or any other information contained in the questionnaire is based on the information available or made available to us by the industry constituents at the time of commencing the field work for this survey.

5. Any inclusion or omission or error in any manner is unintended and is neither purported to favor the business interests of any section of the industry or society nor to the detriment of the same.

6. All the information areas included in the survey are purported and meant to benefit the users of such syndicated research data, for making informed decisions.

STATISTICAL AND other assumptions in the IRS:

1. The bases for population estimate are the data made available by Census 2001 from time to time.

2. It is important to note that certain assumptions and hypotheses were imperative to be made, in order to compute the final estimates pertaining to all the reported variables, including the ones that were not available from Census 2001 on or before the date mentioned above.

3. All other projections and estimations in IRS are computed and estimated based on the percentage incidence figures (i.e. percentage of sampled universe that responded with 'yes' or 'no' answers for the administered questions) in the sample of respondents.

4. The estimations made and provided in the IRS are based on random sampling methodology and all such estimates operate with a 17.4% (approximate) error level at an all-India level.

5. IRS estimations and projections solely represent and indicate the assumptions, estimations and projections pertaining to the mid-point of the fieldwork period at an All India Level.

6. Any of the assumptions, estimations and projections does not, in any manner, indicate or represent either the past or future periods.

7. The normal minimum fieldwork period on which estimates are released by the survey is 12 months. However in the case of titles/information newly added to the survey, the intention is to release estimates for such titles after as short a period of measurement as possible, subject to the title first achieving a specified level of unweighted readership. The rules for title reporting are as follows:

· No estimates for any title newly added to the survey will be released on less than six months' fieldwork. Where a title is newly launched, no estimates for that title will be released until at least four consecutive issues have been published as far as a magazine is concerned or 3 months for a newspaper.

· Subject to the point above, estimates for a title newly added to the survey will be released when the title achieves a minimum of 30 unweighted AIR respondents on a 6-month sample. Only aggregate all-adult readership data will be released on a 6-month sample.

· Thereafter estimates for such a title will be released on a rolling 12-month estimate every six months.

Cessation of Released Estimates

Estimates for a title released on a 12-month database will cease to be released if the unweighted all-adult readership for the title for the period falls below 30 or as decided by the MRUC Technical Committee. The media list will be reviewed each year twice at the time of data release. The intention of this rule is to avoid any estimate that may not be robust.

THE IRS Process briefly

1. The stringent process and implementation of data collection, data validation, projecting them to the Population Universe is based on the methodology practiced by MRUC/HRPL and certified by the Technical Committee and other Committees of MRUC, the actual survey is conducted by HRPL.

2. The representatives to these committees are chosen from time to time, from all our member constituents by the head of our Technical Committee, with the members of the Board of Governors of the Council.

3. The Board nominates a member of the Council to partner in the process.

4. The processes followed by us are not certified by any independent body, and not necessitated to be so, as MRUC is a 'not-for-profit' neutral body, established to maintain and propagate the highest possible standards of integrity, fairness and reliability in media research and to ensure that its outputs are not misused to convey a misleading impression by or to any party (as in our memorandum page 1, point III, (A-3)).

5. The subscribers and users may utilize the findings of the IRS on their own free will and faith that the same is useful for their business interests, well being and for market and media planning, for past trends, now and for the future.

6. MRUC endeavours to follow the best possible business practices such as data validation, random field back checks of the findings and ratifies the same with other available databases for directional and / or trend accuracies prior to the release of the findings. However, it is in the nature of things that certain limitations are inherent and inescapable.

A WORD OF CAUTION

1. IRS fieldwork is spread over 10 months in a year to cover seasonal variations.

2. However, IRS may not reflect category penetration for seasonal products (like soft drinks, mineral water, skin cream, ice cream, chyawanprash etc.) accurately since it does not conduct the fieldwork during the months of July and December.

3. The user is required to refer to the fieldwork period displayed on the right side window of the dialog where the database to work on is selected.

4. IRS is a sample survey. A sample estimate which is based on sample lower than 30 is considered as volatile. The user is required to verify sample size before using the IRS estimates. The owners shall not entertain any query from subscriber/s which is based on sample size lower than 30.

LIMITATION AS TO USE

1. It is agreed and clearly understood that the subscriber of IRS data and software can merely said to be the owner of the diskette and not the data and software. MRUC and HRPL (Owners) are the owners of the IRS data and all the documentations relative thereto and /or contained therein. MRUC and HRPL license the software from its associate for use with IRS data.

2. The whole and all portions of the IRS are the copyrighted work of Owners.

3. The IRS Analyser uses proprietary software algorithms to arrive at certain estimates. These may not match with estimates arrived at by the user with the help of a different software, using IRS raw data, as and when the owners decide to provide IRS raw data to the subscribers/users.

DISCLAIMERS AND LIMITATION OF LIABILITY WHETHER JOINTLY OR SEVERALLY

1. IRS is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

2. Under no circumstances will MRUC/HRPL be liable for any losses or damage including the following (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the IRS regardless of the form of action.

3. MRUC/HRPL makes no representations about the suitability of the information contained in the IRS for any purpose.

4. It is clearly agreed/covenanted and understood that every subscriber of IRS data and software shall use the said software entirely at his/her/its own risks and that the owners whether jointly or severally shall neither be liable nor held to be so liable for any consequence/prejudice, loss or damage that may be or said to be caused or occasioned either to the user/or any other person by the use of IRS by any and every buyer.

5. You as a buyer/subscriber of IRS agree to be bound by the design, methodology and processes adopted by HRPL and MRUC and that you will not call the same into question in any manner.

NO UNLAWFUL USE

1. It is a condition of your use of IRS that you will not use it for any purpose that is unlawful/contrary to or prohibited by these Terms and Conditions.

2. You may not use IRS in any manner that could damage, disable or impair MRUC/ HRPL or any other person / entity.

3. You may not attempt to gain unauthorized access to the contents of IRS.

4. If you access the IRS data, you shall not share the data with anyone who has not read these terms and conditions and agreed to them. It shall be the buyers responsibility to make its client and / or any other person being made a privy to the IRS agree to these IRS Terms and Conditions of Purchase and Use.

USE OF SOFTWARE

MRUC grants your organization a non-transferable and non-exclusive right and license to use the software for access of data on computers where installation is officially authorized by MRUC, only for legitimate business interests. You shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software or the raw data thereof. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the database.

INDEMNITY

During the currency of this Agreement and thereafter, the buyer shall indemnify and keep indemnified MRUC and HRPL - against any loss/damage/costs/consequence/claims that can be said to be attributable to or is attributed to any improper, incorrect or impermissible use of IRS, whether in whole or in part; whether direct or indirect by the said user or his agents/servants/subordinates/clients.

LEGAL JURISDICTION

All differences and disputes arising between the parties including those that are in connection with or relative to any aspect of the IRS report inclusive of this Agreement between the parties and also any dispute or difference in regard to the interpretation of any provision or term or the meaning thereof, whether during the currency/sustenance of this Agreement or after the determination thereof, shall be referred to arbitration by one arbitrator to be jointly and mutually appointed by the parties and the said arbitration shall be governed by the Arbitration and Conciliation Act 1996. The place of arbitration shall be Mumbai only.

Copyright © 1995 - 09 MRUC, 128, T.V. Industrial Estate, S. K. Ahire Marg, Worli, Mumbai - 400 030. All rights reserved.

CONTACTS

Should you require any clarification in this regard, please contact MRUC at 2498 3416 / 2491 3359 or HRPL at 2301 5122 / 44.