Data Licence : Tuesday, March 29, 2022
Last updated: March 2022
The definitions in this clause 1 apply to the terms in this Data Licence. Any capitalised expressions that are not defined in this Data Licence will have the meaning given to them in our General Terms and Conditions.
|Data||the data described in an Order.|
|Licence||this Data Licence.|
2 Grant of Licence
2.1 Upon payment of the Fees in accordance with the terms of this Licence, we grant to you a non-exclusive, non-transferable and terminable licence to use the Data for the following internal business purposes for the duration of the Term in accordance with the terms of this Licence:
2.1.1 to service requests to match attributes of devices in real-time;
2.1.2 to match, identify, and analyse historical weblogs containing device information; and
2.1.3 to create, using datasets which include previously extracted Data, aggregate reports to show matched, identified, and analysed devices for your own internal business purposes and not further or otherwise.
2.2 Other than as set out above in this clause 2, we reserve all intellectual property and other rights in and to the Data and any database from which we extract the Data.
2.3 Except as set out in clause 2.4 of this Licence, neither you nor any Customer that is a sub-licensee may share, authorise sharing, or otherwise make available the Data or derivatives of the Data to any third party. The third party will require its own separate licence from us to use the Data
2.4 You are entitled to permit a Developer to use the Data but only for the purposes of providing its services to you and subject always to the terms of this Licence. You will remain responsible for ensuring that all such Developers comply with the terms of this Licence. We will be entitled to treat any failure by that developer to comply with the terms of this Licence as a breach by you of this Licence.
2.5 You shall not:
2.5.1 use the Data to provide any product or service which competes or may compete with any of our products or services; nor
2.5.2 distribute the Data to third parties nor otherwise place third parties in a position whereby they may Consume the Data directly or indirectly, other than by way of sublicence in accordance with clause 3 of this Licence.
2.6 We will make updates to the Data available to you at the frequency set out in the Order.
3.1 You are entitled to sublicense the whole of the benefit of this Licence to a Customer and not merely part of it.
3.2 Any rights granted by any sublicence by you shall be subject and restricted to the terms of the Agreement and shall not provide or purport to provide any greater rights to the sublicensee than those we have granted to you by this Licence.
3.3 You shall at all times be responsible for all acts, omissions, non-compliances and any other matter arising directly or indirectly from any sublicences or any sublicensees.
If you fail to pay the Fees in full when due and payable under the Agreement, without prejudice to our other rights and remedies under the Agreement, we may: (1) replace the Data you Consume with other data chosen by us in our sole discretion and without notice; or (2) take any alternative or additional measures we see fit from time to time. The provisions of this clause 4 shall apply in addition to those set out in clause 4 of the General Terms and Conditions.
5 Identification of Data
5.1 We use technical means to monitor, detect instances of abuse and address and remedy abuses of this Licence and the Data. Unique identifiers may be applied to the Data acquired by you, in addition to any other technical means whatsoever to monitor and detect abuses of our intellectual property rights. You consent to use of such techniques both now and in the future as we develop and implement the same.
5.2 You are responsible for the use and deployment of copies of the Data. You shall pay such Fees arising from unauthorised use of the Data on demand, without right of setoff, deduction or abatement. We reserve the right to charge additional Fees at our then published rates if we become aware that the Data bearing the identifying data assigned to you has been made available or Consumed other than in accordance with the terms of this Licence. Should such payment not be received within 14 days of its due date, we are entitled to suspend this Licence, terminate this Licence, substitute the Data for other data we choose in our sole discretion, and/or any or all of the foregoing in our sole discretion from time to time without further notice to you.
Upon termination of the licences granted under the Agreement for any reason whatsoever, you must immediately: (1) cease using and/or Consuming the Data forthwith, (2) irretrievably delete all copies of (and procure the deletion or removal of) all the Data from all computer equipment in your possession or control and equipment of those to whom you have provided or sublicensed use of the Data upon request, and (3) take such action as is required to prevent updates to copies of the Data in your possession or control. You will promptly certify to us in writing that you have done so upon request. This provisions of this clause 6 shall apply in addition to those set out in clause 8 of the General Terms and Conditions.
7 Third Parties
Some web browser data is sourced from https://caniuse.com/ as referenced in the meta data.
You must permit us or our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises, and to the computer equipment located there, at which the Data is being stored or used, and any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this Licence and ascertaining the extent of any misuse or breach of this Licence, past or present.