Data Licence Terms & Conditions : Thursday, October 16, 2014

Data Licence Terms (from October 2014)

This Data Licence, together with our General Terms, apply to your use of Enhanced Data. This Data Licence will prevail to the extent of any conflict or inconsistency in respect of your use of our Enhanced Data Products.

Our General Terms contain provisions which limit our liability to you. Our General Terms also sets out definitions used in these Data Licence Terms.

1. Definitions

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 Enhanced Data for the term set out in the Order in accordance with the licence below. You are able to interact with our Enhanced Data, acquire a licence for our Enhanced Data or use your own tool.

2.2 Other than as set out below, all rights to use Enhanced Data are reserved.

2.3 You are entitled to, for the duration of this Licence:

a. Consume Enhanced Data from a single Server for the sole purpose of servicing requests to match attributes of devices in real-time (“the Consumption Licence”) and maintain a single copy of Enhanced Data on a single Server for that purpose;

b. Consume Enhanced Data to match, identify, and analyse historical weblogs containing device information written by that same Server;

c. Consume Enhanced Data for your own internal business purposes;

d. create aggregate reports to match, identify, and analyse devices, provided that you do not authorise, facilitate, otherwise make available Enhanced Data to any third party to access or Consume directly or indirectly in any form.

2.4 You are entitled to authorise a single Developer to Consume Enhanced Data to develop, test, and maintain Applications which will Consume Enhanced 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.

2.5 Where you are using Enhanced 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.

2.6 You may substitute the Server referred to in subclause 2.3(a) (“the Main Server”) with a failover server which forms part of your production infrastructure in the event of a catastrophic failure of the Main Server for so long as the Main Server remains inoperative and not Consuming Enhanced Data.

2.7 You may keep a reasonable number of copies of Enhanced Data for backup purposes. A copy of the Enhanced 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.

2.8 For clarity:

a. Use of the Development Licence for any purpose other than developing, testing or maintaining Applications requires a further Data Licence;

b. you are not entitled to use Enhanced Data to provide any product or service which competes or may compete with any of our services; and

c. you are not entitled to distribute Enhanced Data to third parties or otherwise place third parties in a position whereby they may Consume Enhanced Data directly or indirectly, other than by way of sublicence in accordance with clause 3.

2.9 Basic Data is licensed on the terms of the Mozilla Public Licence. Accordingly, you should refer to the terms of that licence for your entitlement to use Basic Data.

2.10 We will make updates to Enhanced Data available to you at the frequency set out in the Order.

2.11 You remain responsible for ensuring that Customers use the Enhanced Data strictly in accordance with the terms of this Licence.

Our Licensing Guidelines may be of assistance to you. That Guidance does not form part of this Agreement. Further uses may be agreed in writing between us.

3. Sublicences

3.1 You are entitled to sublicence 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 this 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, noncompliances and any other matter arising directly or indirectly from any sublicences and any sublicensees.

4. Duration Of Licence

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.

5. Fees

5.1 You must pay the Fees in accordance with (1) the Order, (2) paragraph 4 of the General Terms, and (3) otherwise as specified in this Agreement.

5.2 If you fail to pay the Fees in full when due and payable, the licences set out herein to Consume Enhanced Data and/or update Enhanced Data using our web services may be (1) suspended without notice to you, (2) replaced with Basic Data without notice, and/or (3) may be terminated on 7 days' notice in writing by us. 51D reserves the right at all times to exercise such rights in sequence, in any order and vary such measures it sees fit from time to time.

6. Identification of Data

6.1 We use technical means to monitor, detect instances of abuse and address & remedy abuses of this Licence and Enhanced Data. Unique identifiers may be applied to Enhanced 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.

6.2 You are responsible for the use and deployment of copies of Enhanced Data. You shall pay such Fees arising from unauthorised use of Enhanced 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 Enhanced 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 Basic Data for Enhanced Data, and/or any or all of the foregoing in our sole discretion from time to time without further notice to you.

7. 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.

8. Termination

Upon termination of the licences herein or any Order for any reason whatsoever, you must immediately (1) cease using and/or Consuming Enhanced Data forthwith, (2) irretrievably delete all copies of (and procure the deletion or removal of) all Enhanced Data from all computer equipment in your possession or control and equipment of those to whom you have provided or sublicensed use of Enhanced Data upon request, and (3) take such action as is required prevent updates to copies of Enhanced Data in your possession or control. You will promptly certify to us in writing that you have done so upon request.

9. 3rd Parties

Some web browser data is sourced from http://caniuse.com as referenced in the meta data.