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Licensing Guidelines (from October 2017)

Example Enhanced Data Scenarios and Guidance for Licensing Terms

Capitalised terms below take their meanings from the Data Licence and General Terms.

1. Background

1.1 A single Data Licence grants you permission to have a single copy of Enhanced Data on a Server and access the same single copy for your own purposes (“the Data Licence”).

1.2 The Data Licence allows you to use that single copy on a single operating system, and one Development Licence. You require a separate licence for each operating system which has Enhanced Data installed. The Data Licence allows use of the Enhanced Data by a Server to service live (or “real-time”) requests from a single web server – ie the software server which services those requests, not the box. The Data Licence also entitles you to (1) process weblogs offline and (2) interact with Enhanced Data with any number of Software Applications, provided that it all happens on the same Server.

1.3 The Consumption Licence is one of the specific permissions forming part of the Data Licence (to process in real-time). It is defined separately to allow us to refer to it conveniently to allow real time processing in elastic computing environments.

1.4 The Development Licence is included in the Data Licence so that you can develop code which interacts with Enhanced Data. It is made available so that your developer does not need to use the same OS and/or box to develop code to interact with a copy of the Enhanced Data which might be in production.

1.5 So, if you have purchased a single Data Licence, you can:

a. access a single copy of the Enhanced Data for offline or online processing from a single Server;

b. install and run as many Software Applications on the same server to interact with Enhanced Data;

c. access the same or a different copy of Enhanced Data from another Server for the purposes of development of code which is to interact in production or offline (this is the Development Licence).

1.6 You are entitled to sublicence your Data Licence to your customers or other third parties under clause 4 of the Data Licence. You remain the head licensee and contractually bound to us and remain responsible for (1) your customer’s (who is the sublicensee) use of the Enhanced Data in accordance with our Data Licence, as well as (2) any third parties.

Licensing Scenarios

2. Hosting for other Companies

2.1 You are a company offering web site hosting services to other companies. Part of the published website includes a copy of Enhanced Data. You have 4 servers providing hosting services making use of (ie “Consuming”) Enhanced Data. You will require 4 Data Licences.

3. Offline Analysis of Weblog Data

3.1 You are a company which has an offline Server (one not serving pages for websites) which is used to analyse weblog data. The weblog data is produced by 4 production servers. You require 5 Data Licences to cover (1) your 4 production Servers, and (2) 1 for your offline analytics processing.

3.2 You are a company which wishes to perform offline analysis using data drawn from a large or indeterminate number of servers or from servers not directly controlled by yourself. We may allow this upon payment of additional Data Licence fees after discussions with you.

4. Software Applications

4.1 You are a company which has 3 production servers hosting websites. Each of those servers (1) sit on a different OS instance, and (2) use Enhanced Data. Just as in paragraph 3.1 above, 3 Data Licences are required. But then in addition to that, you have 3 software applications accessing Enhanced Data on 1 or more of those 3 production servers.

a. if all of the Software Applications sits on one or more of the production servers, no further Data Licences are required.

b. for each of the Software Applications that does not sit on one of the production servers, you need a Data Licence for each Software Application.

5. Elastic Computing

5.1 You are a company which utilises Amazon Web Services (or other form of elastic computing). You have 10 virtual servers, each of which Consume Enhanced Data. Each of those virtual servers is licensed with a Data Licence (ie 10 in total). You experience 1 busy period per month requiring an additional 3 virtual server instances (13 instances in total) for 24 hours. The 3 additional VMs may consume Enhanced Data during this period without additional charge as per clause 3.2 of the Data Licence.

5.2 You are a company utilising Amazon Web Services (or other form of elastic computing) with 3 virtual server instances. You will require 3 Data Licences

6. Multiple Websites

6.1 You are a company which hosts 20 websites hosted on a single production Server accompanied by a single QA server. You will require 2 Data Licences: one for each of your production Server and QA Server. Licence requirements are not calculated by the number of websites, domains, visits or requests on your Server infrastructure – they are calculated by the number of Servers which “Consume” Enhanced Data. This means that with the infrastructure described, you can have as many websites, domains, visits or requests on that single Server with no additional Data Licence required.

6.2 You are a company with 10 websites each hosted on their own virtual server - a total of 10 Servers. Each of those 10 websites access (ie Consume) a central copy of Enhanced Data. You will require 10 Data Licences. Alternatively, suppose each of the 10 websites (each on its own VM) has its own local copy of the Enhanced Data. You will require 10 Data Licences.

6.3 You are a company which hosts 10 websites using 5 virtual servers all running on a single physical server. You will require 5 Data Licences.

7. Authorised Developers

7.1 You are a company which has a single production server, a single QA server and 4 developers working concurrently developing code which will interact with Enhanced Data once it is finished. You will require 4 Data Licences, as each Data Licence permits access by a single developer at a time.

7.2 You are a company which has a single production server, a single QA server and 4 developers which are developing code which will, once completed, interface with Enhanced Data on the production server. 2 developers are working at any given time. You will require 2 Data Licences.

8 Redundant Failover Servers

8.1 You are a company which has a single production server, a single QA server and a single failover server. The failover server takes over should your production server go down and is not otherwise active (in the sense that it is not Consuming Enhanced Data). You will require 2 Data Licences as only 2 servers will be consuming Enhanced Data concurrently.

8.2 You are a company which has 2 production servers mirroring each other sharing web traffic and a single QA server, all of which access one or more copies of Enhanced Data. You will require 3 Data Licences as all 3 servers will be accessing Enhanced Data concurrently.

9 Server Updates and Maintenance

9.1 You are a company which has 12 servers which rotate on a regular basis to perform updates and/or maintenance, so that only 8 servers are ever actively consuming Enhanced Data concurrently. You will require 8 Data Licenses as the licenses are tied to your concurrent use and not tied to specific machines.

10. Sublicensing and Website Developers

10.1 You are a company developing a web site for one of your customers who will ultimately host it themselves. Your customer has 1 production Server and 1 QA Server. The customer owns two Data Licences, one for each Server. Your software development company has 2 subcontractors who will work concurrently develop code which will interact with Enhanced Data located on the customer’s servers. Those two subcontractors will be using their own computers to develop that code. No further Data Licences are required for the contractors, because they are authorised Developers as defined in the Data Licence. The customer remains the licence holder and is responsible for adhering to the terms of the Data Licence, as well as your own compliance and that of the Developers.

10.2 You are a company developing a website for one of your customers. You have 2 Servers – one for system testing and one user acceptance testing. You have 4 Developers working on the source code concurrently. Your customer will engage a third party company to host the web site – the website will use a total of 4 Servers. Your customer has asked you to purchase all the necessary Data Licences. You will need to purchase 6 Data Licences to cover your 2 Servers and your customers’ 4 Servers. Your 4 Developers are entitled to use Enhanced Data under the 4 Developer Licences associated with each the 4 Data Licences. You remain the sole licence holder for all 6 Data Licences, and need to sublicence 4 of the Data Licences to your customer and are responsible for the compliance of your customer and their third party hosting company adhering to the terms of the 4 Data Licences sublicensed to them. Your customer gains from you all the benefits of using the Enhanced Data that you would otherwise be entitled to use, but for the sublicence. Where you sublicence a Data Licence, you are no longer entitled to use the Consumption Licence or Development Licence granted by that Data Licence.