These CMS Data Licence Terms, together with our General Terms and Conditions, apply to your (and your End Users’) use of the data which we make available for use with content management systems (CMS Data) in connection with the content management system specified in your Order (CMS) for your website at the domain specified in your Order (Domain).
These CMS Data Licence Terms constitute Specific Terms for the purposes of our General Terms and Conditions. In the event of any inconsistency between these CMS Data Licence Terms and our General Terms and Conditions, these CMS Data Licence Terms will prevail as regards your use of CMS 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 CMS 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 CMS Data in conjunction with Relevant Software on the terms of this licence.
2 SCOPE OF LICENCE
You are permitted to use the CMS Data for the purposes of real-time device property detection in respect of visits to a single website (Website) at the Domain, hosted on a single server or under a single cloud service subscription, which uses the CMS as its content management platform.
The Website must be used exclusively for your own business purposes. For the avoidance of doubt, if you use the Domain to provide a platform for multiple individuals or businesses to host their own websites (for example, as a blogging platform) then either each website or blog under the Domain will need a separate licence, or alternatively please contact us to discuss other licensing arrangements that may be more suitable for this purpose.
If you wish to use the CMS Data for an alternative CMS, on another Domain, or on another server or cloud service subscription, then you will need to purchase a separate licence on these terms for that CMS or Domain.
3 PERMITTED USE
You are only permitted to use the CMS Data for purposes of real-time device property detection using Relevant Software.
All other use without our consent is prohibited, including without limitation using the CMS Data for 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 CMS Data and your access to our website (other than to pay the outstanding Data Licence Fees) will automatically be suspended.
6 IDENTIFICATION OF THE CMS DATA
Please note that we apply unique identifying data to the CMS Data as supplied to you, to identify you as the licensee for that CMS Data that has been supplied to you. We reserve the right to charge additional Data Licence Fees if we become aware that CMS 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 CMS Data released by us during the term of this licence. You are responsible for downloading the latest version of the CMS Data from our website as required.
8 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.