These Premium Data Licence Terms, together with our General Terms and Conditions, apply to your (and your End Users’) use of Premium Data. In the event of any inconsistency between these Premium Data Licence Terms and our General Terms and Conditions, these Premium Data Licence Terms will prevail as regards your use of Premium Data.
Please note that our General Terms and Conditions contain provisions which limit our liability to you. Our General Terms and Conditions also set out the definitions used in these Premium Data Licence Terms.
1 GRANT OF LICENCE
In consideration of your agreeing to pay the Data Licence Fees, we grant you a non-exclusive, non-transferable licence to use the Premium Data in conjunction with Relevant Software on the terms of this licence.
2 SCOPE OF LICENCE
Except as set out in paragraphs 7 (Developer Use) and 8 (Overage) of these Premium Data Licence Terms, this agreement is granted for the number of Instances set out in your Order or as otherwise agreed by us from time to time (Permitted Instances).
An Instance means a single installation of Relevant Software for a single End User. So (by way of example):
a. if Relevant Software is installed in two or more virtual servers on the same physical server, each installation of Relevant Software will be a separate Instance;
b. if the same server (whether physical or virtual) has two different installations of Relevant Software on it, each will be a separate Instance;
c. if the same installation of Relevant Software is made available to two different End Users, that will constitute two Instances; and
d. if Relevant Software is installed in a server from which one or more other servers are able to access or make use of the Premium Data, that will constitute one Instance for each server.
You (and any End Users) are also entitled to make a reasonable number of back-up copies of any Relevant Software.
3 PERMITTED USE
You are only permitted to use the Premium Data for purposes of real-time device property detection using Relevant Software. This includes offline analysis of data collected from any website on which you are making use of Premium Data, for your own internal business analytics purposes.
All other use without our consent is prohibited, including without limitation using the Premium Data for any other offline data analysis, for the purpose of creating a database of device properties, or for providing any hosted or cloud-based services to any person. If you require a licence for offline data analysis or hosted or cloud-based services then we may (at our discretion) allow this upon payment of further Data Licence Fees.
4 DURATION OF LICENCE
This agreement will continue for the Initial Term as set out in your Order or as otherwise agreed by us from time to time. It will then automatically renew for Renewal Terms of the same length as the Initial Term (or as otherwise set out in your Order or as otherwise agreed by us from time to time) unless terminated by either you or us giving the other not less than three months’ notice of termination, such notice to expire on the last day of the Initial Term or a Renewal Term.
This is subject to the Termination provisions in condition 10 of the General Terms and Conditions.
5 DATA LICENCE FEES
You must pay the Data Licence Fees on or before the start of the Initial Term or the applicable Renewal Term, using the renewal payment interface on our website.
We may revise the Data Licence Fees for the next Renewal Term by giving you not less than four months’ notice in writing prior to the start of that Renewal Term.
If you fail to pay the Data Licence Fees in full when due, your licence to use the Premium Data and your access to our website (other than to pay the outstanding Data Licence Fees) will automatically be suspended.
6 END USERS
You may make the Premium Data available to an End User as part of any Relevant Software that you supply to that End User.
You are responsible for ensuring that the End User uses the Premium Data strictly in accordance with the terms of this licence, and that the End User only uses the number of Instances that you allocate to it (which must, in any event, be within your permitted number of Instances under this licence). If an End User exceeds that number of Instances then you will be deemed to have purchased the excess number of instances (Excess Instances) at the time of your most recent Order for Premium Data or (if later) the start of the current Renewal Term (Deemed Order Date), and you will pay us on demand the additional Licence Fees in respect of those Excess Instances from the Deemed Order Date. You agree that this is a reasonable pre-estimate of our loss arising from your breach and not a penalty.
For other ways in which your customers can make use of Premium Data in any Relevant Software, see our Licence Key page.
7 DEVELOPER USE
You may make Premium Data available to any person developing Relevant Software on your behalf (Developer), for the purposes of that Developer developing, testing or maintaining that Relevant Software. Such use will not count towards the Instances for which you are permitted to use the Premium Data. You are responsible for ensuring that the Developer uses the Premium Data strictly in accordance with the terms of this licence, and in particular for ensuring that the Developer does not use the Premium Data for any purpose other than developing, testing or maintaining Relevant Software on your behalf.
Where you are using the Premium Data in a “scalable” or “elastic computing” hosted environment, so that the number of Instances actually in use by you varies depending on the demand on your systems, you are permitted to double the number of deployed instances for up to 72 hours in a given calendar month. So (by way of example):
a. during a month you have 6 busy periods that do not exceed 12 hours each you can double the number of instances during these periods;
b. during a month where you have a busy 3 day period requiring up to twice the number of instances you can double the number of instances.
9 IDENTIFICATION OF THE PREMIUM DATA
Please note that we apply unique identifying data to the Premium Data as supplied to you, to identify you as the licensee for that Premium Data that has been supplied to you. We reserve the right to charge additional Data Licence Fees if we become aware that Premium Data bearing the identifying data assigned to you has been made available other than in accordance with the terms of this agreement.
This licence entitles you to any updates to the Premium Data released by us during the term of this licence. The 51D Software will check our servers at regular intervals for updates. You may also download the latest version of the Premium Data from our website.
11 YOUR ACCOUNT
You will maintain an account on our website at all times during the term of this licence. You must not share your login details for your account with anyone else, and we reserve the right to suspend access to your account if we suspect that it is being used by anyone other than you or is being misused in any other way.