Data Licence : Monday, March 30, 2020
Last Updated: April 2020
The definitions and rules of interpretation in this clause 1 apply to these Data Licence Terms. Any capitalised expressions that are not defined in these Data Licence Terms will have the meaning given to them in our General Terms and Conditions.
|Applications||a single software application which interacts with the Data, whether directly or indirectly (such as through an API).|
|Consume||read, retrieve, use, store, make available and/or update as the case may be|
|Data||the data described in an Order.|
|Licence||this Data Licence.|
|Server||a computer with an independently functioning operating system, whether a bare metal installation of an operating system, host of virtual machines, or guest virtual machine. A bare metal installation of an operating system, virtual host machine host and each guest virtual machine are each separate computers and therefore separate Servers.|
2. Grant of Licence
2.1 Upon payment of the Fees in accordance with the terms of this Licence, we grant you a non-exclusive, non-transferable licence to use the Data for the term set out in the Order in accordance with the licence below. You are able to interact with the Data, acquire a licence for the Data or use your own tool.
2.2 Other than as set out below, all rights to use the Data are reserved.
2.3 Unless otherwise specified in an Order, this Licence permits you to use one and only one copy of the Data.
2.4 You are entitled for the duration of this Licence to Consume the Data for each of the following purposes subject to any restrictions specified in the Order (which may, by way of example only, limit the number of servers, data centres or requests on or by which the Data can be Consumed):
a. to service requests to match attributes of devices in real-time ("the Consumption Licence");
b. to match, identify, and analyse historical weblogs containing device information.
c. 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.
2.5 You may not share, authorise sharing, or otherwise make available the Data or derivatives of the Data to any third party. The third party will require their own Licence.
3. Temporary Licences
3.1 You are entitled to authorise a single Developer to Consume the Data to develop, test, and maintain an Application which Consumes the Data ("Development Licence"). The first Developer to use the Development Licence on any one day is deemed to have been allocated the Development Licence for that entire day.
3.2 Where you are using the Data in a production environment which is specifically designed to flexibly adapt under high load (sometimes referred to as a "scalable" or "elastic computing" hosted environment), you are entitled to further Consumption Licences for a total accumulated period of 24 hours per single calendar month to accommodate that temporary demand.
3.3 Regardless of any restrictions set out in an Order, you may substitute a server on which you Consume the Data with a failover server which forms part of your production infrastructure in the event of a catastrophic failure of a server for so long as the substituted server remains inoperative and not Consuming the Data.
3.4 You may keep a reasonable number of copies of the Data for backup purposes. A copy of the Data which either (1) does not form part of a larger backup regime, system or programme, or (2) is not static and changes over time, is not a backup copy for the purposes of this Licence.
3.5 For clarity:
a. use of the Development Licence for any purpose other than developing, testing or maintaining an Application requires a further Data Licence;
b. you are not entitled to use the Data to provide any product or service which competes or may compete with any of our products or services; and
c. you are not entitled to distribute the Data to third parties or 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 4 of this Licence.
3.6 We will make updates to the Data available to you at the frequency set out in the Order.
3.7 You remain responsible for ensuring that Customers use the Data strictly in accordance with the terms of this Licence.
4.1 You are entitled to sublicense the whole of the benefit of this Licence to a Customer and not merely part of it.
4.2 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.
4.3 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.
5. Duration of Licence
5.1 This Licence will continue for the Initial Term as set out in the Order. Other than as specified in the Order, upon expiry of the Initial Term, this Licence will automatically renew on our then current terms for the same length of time as the Initial Term, unless this Licence is terminated by either you or us giving the other not less than three months' notice of termination in writing, which shall expire on the last day of the Initial Term or subsequent renewed term, as the case may be.
6.1 You must pay the Fees in accordance with (1) the Order, (2) paragraph 4 of the General Terms and Conditions, and (3) otherwise as specified in this Agreement.
6.2 If you fail to pay the Fees in full when due and payable, the licences set out in this Licence to Consume the Data and/or update the Data using our web services may be (1) suspended without notice to you, (2) replaced with other data chosen by us in our sole discretion and without notice, and/or (3) terminated on 7 days' notice in writing by us. We reserve the right at all times to exercise such rights in sequence, in any order and vary such measures we see fit from time to time.
7. Identification of Data
7.1 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.
7.2 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.
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 any third party, 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 otherwise abused by you and/or third parties.
Upon termination of the licences herein or any Order 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.
10. Third Parties
Some web browser data is sourced from http://caniuse.com as referenced in the meta data.
11.1 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.
11.2 You will provide within 24 hours of a request made in writing any information and documentation reasonably requested setting out the production environment, development environment, and infrastructure of the computer systems upon which the Data resides, are consumed or accessed, which shall include but not be limited to:
The machine names of servers, computers and devices, including all virtual machines installed on physical servers ("machines");
Internal and external IP addresses of such machines;
The physical location of machines; and/or
The names, job role(s) and job description of persons accessing the Data during the terms of this Licence and the machines from which they do so.
11.3 In the event that you do not comply with the requirements of, or produce the records maintained as required by, this clause 11, you irrevocably agree that our records of use of the Data shall be deemed conclusive of your use and use by others authorised by you to use the Data.