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DeviceAtlas Discover Terms & Conditions

Terms and Conditions

DEVICEATLAS DISCOVER

This Agreement governs DeviceAtlas’ supply to You of certain Services (as Defined below) free of charge as well as the use by You of same. You are not permitted to access, view, use or contribute to the Services if You do not accept this Agreement.

By clicking “ACCEPT”, You acknowledge and confirm Your acceptance of the terms and conditions of this Agreement which are legally binding on You.

Your attention is in particular drawn to Clauses 3 and 4 regarding Our ownership and use of Intellectual Property Rights and Your obligations in respect of any content provided by You to Us.

  1. Definitions

    “DeviceAtlas” “We”, “Us”, and “Our” refers to DeviceAtlas Limited with its principal place of business at Level 2, Plaza 3, Custom House Plaza, Harbourmaster Place, Dublin 1, D01 VY76, Ireland;

    “Intellectual Property Rights” means all (by whatever name or term known or designated, tangible and intangible and now known or hereafter existing) intellectual property rights, including but not limited to patents, trademarks, service marks, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, know-how, trade or business names and any other similar rights or obligations in any country whether registerable or not;

    “Service(s)” means the provision of a JavaScript library for embedding in Client web page(s) and the provision of a report showing the nature of traffic to said web page(s);

    “Term” means the period commencing on the date of access to the Services and continuing until such time as We cease to provide the Services or You remove the Services from Your website; and

    “You”, “Your” and “Client” refers to each subscriber of the Services.

  2. The Services

    1. In consideration of Your acceptance of this Agreement, We agree to make the Services available to You for the Term subject to the terms and conditions of this Agreement.
    2. Your attention is particularly drawn to the exclusions and disclaimers in respect of the Services which are set out in Clauses 5 and 7 below.
    3. You shall comply at all times with the fair usage policy set out at clause 9 herein.

  3. Authorised Use of the Services

    1. Subject to the terms and conditions of this Agreement, in making available the Services to You pursuant to Clause 2 above, We grant You a limited, non-exclusive, non-transferable, personal licence to use the Services.
    2. You covenant and warrant that You shall use the Services solely for the purposes of internal use. In the event that You publish any results of use of the Services, any such results must be published with express acknowledgement of DeviceAtlas’ input and with DeviceAtlas’ branding.
    3. We own the Intellectual Property Rights in the Services and We require You to agree that You recognise the importance of Us of maintaining Our proprietary rights over the Services and of avoiding any use not authorized by Us. Accordingly, You shall not use the data retrieved using the Services for the purposes of publication or distribution to third parties and You may not transfer any information or data obtained from the Services into the public domain.
    4. Without limiting the generality of Clause 3.3 above, You shall not use the Services in any way not expressly permitted under this Agreement. This includes, but is not limited to, a prohibition on:
      1. modifying, selling, renting, transferring, reselling for profit or distributing the Services or creating derivative works based on the Services, or any part of them;
      2. any distribution of data retrieved from the Service in any form to, or for the benefit of, any other person except for incidental samples used for illustrative or demonstration purposes;
      3. causing or permitting any adaptation, translation, decompilation, disassembly, or reverse engineering of the Service;
      4. copying the Service or creating subsets or derivative databases from Our Service in a manner not expressly permitted by this Agreement other than is necessary for backup or archival purposes;
      5. transferring or assigning this Agreement in whole or part, or subcontracting any of Your obligations under this Agreement (other than set out above) without Our prior written consent;
      6. using the Service in any way that is unacceptable, including but not limited to, any criminal, illegal, immoral or objectionable use, at DeviceAtlas’ sole discretion; or
      7. sharing, distributing or providing access to the Service to any third party in any modified, cut or amended form.

  4. Restrictions to the Use of the Services

    1. You agree not to use the Services or cause or permit the Services to be used:
      1. for any commercial purpose of any description;
      2. in a manner that would breach any Intellectual Property Rights, privacy or data protection rights of others;
      3. to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
      4. contrary to the terms and conditions of any Internet Service Provider whose services You may use.
    2. You grant Us the right to use any traffic data created by You in Your use of the Services for the purposes of product improvement.
    3. YOU HEREBY INDEMNIFY AND AGREE TO KEEP US INDEMNIFIED AGAINST ANY LIABILITIES, LOSSES, DAMAGES, FEES, COSTS OR EXPENSES WHATSOEVER INCURRED BY US IN CONNECTION WITH ANY CLAIMS OR DEMANDS WHICH MAY BE MADE AGAINST US ARISING FROM YOUR BREACH OF THIS CLAUSE 4.

  5. Warranties and Disclaimers

    1. We warrant and represent to You that We have full capacity and authority to enter into and to perform this Agreement. We also warrant to You that We are entitled to supply the Services.
    2. Given the nature of the Services and in particular their reliance on content provided by third parties, You agree that the Services are provided by Us on an “as is” basis. Therefore, to the fullest extent permitted by applicable law and except where expressly provided in Clause 5.1, We disclaim all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, compatibility, security, accuracy or infringement in respect of the Services. We cannot warrant or represent that Your use of the Services will be uninterrupted or error-free, or that the results obtained will be successful or will satisfy Your requirements. You acknowledge that We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and You acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You assume the entire risk as to the results and performance of the Services.
    3. You warrant to Us that, in entering this Agreement, You are acting in the course of Your business and that You are not a “consumer” within the meaning of the Sale of Goods and Supply of Services Act 1980 or the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001 or otherwise.

  6. End of Agreement

    1. This Agreement and associated Services may be terminated at any time for any reason by either Party, without notification.
    2. Apart from any other rights which We may have, if You breach this Agreement, We may suspend the performance of any of Our obligations under this Agreement and We may suspend Your right to use the Services until You remedy Your breach to Our reasonable satisfaction.
    3. On termination of this Agreement, You shall own any traffic data created by You in Your use of the Services and You authorise Us, by way of licence, to continue to use such data for the purposes of product improvement.

  7. Limitation of Liability

    1. We shall have no liability to You in respect of all breaches of this Agreement and all representations, statements and tortious acts or omissions (including negligence) arising under or in connection with this Agreement.
    2. We will not, in any circumstances, be liable to You (or any third party) for loss of profits, goodwill, revenue, data and anticipated savings of any type or special, indirect or consequential loss even if such loss was reasonably foreseeable or Us or if We had been advised of the possibility of You (or the third party) incurring the same.
    3. In no event shall We be liable for loss or damages arising out of the use of, or inability to use, the Services or for any loss or damage of any nature caused to any person as a result of Your use of the Services, even if We are advised of the possibility of such loss or damages.
    4. Since use of and access to the Services depends, in part, on third parties (e.g., telecommunications carriers) whose performance is outside of Our control, We disclaim all liability for loss or damages arising from the failure of the transmission or receipt of data due to (i) causes beyond Our reasonable control or (ii) causes which are not reasonably foreseeable by Us, including but not limited to, interruption or failure of communication or digital transmission links and Internet slow-downs or failures.

  8. Your Indemnification of Us

    1. You agree to, defend, indemnify and hold Us harmless against any claim, liability, loss, injury, damage, cost or expense (including reasonable legal fees) incurred by Us, Our other users or any of Our data providers to any third party arising out of or from any use by You of the Services.

  9. Fair Usage Policy

    1. You shall be responsible for your use of the Services. You are also solely responsible for any and all use of the Services authorised by you (for example where you permit a third party to access your Equipment, environment or website).
    2. It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of the Services. In general, We will not tolerate any use of the Services which damages or is likely to damage our reputation, the availability or integrity of the Services, which causes Us or threatens to cause Us to incur any legal, tax, regulatory or other liability, or which use is/was outside that of what was contemplated by ordinary users at the time of subscribing for the Services or where Your usage volume is at a level that threatens to compromise service delivery to other clients.
    3. The Services may not be used in support of any commercial service beyond what is set out herein. A commercial license will be required for this.
    4. You must not use the Services for any of the following purposes:
      1. for any purpose that is not strictly in accordance with this Fair Usage Policy and all other terms and conditions applicable to the Services;
      2. for unlawful, fraudulent or undesirable purposes, or in connection with a criminal offence or other unlawful activity (including for example illegal file-sharing);
      3. for any purpose which is illegal, offensive, abusive, malicious, threatening, racist, indecent, defamatory, derogatory, obscene, menacing, or otherwise objectionable;
      4. to harass or advocate harassment of another person, or to cause annoyance or needless anxiety to any person, impersonate any other person or act in a way which may reasonably be objectionable or is otherwise injurious to third parties;
      5. in any way or manner which:
        • does not comply with any relevant legislation or licence;
        • infringes third-party copyright, trademark, confidence, privacy or other intellectual property rights;
        • causes, or is likely to cause, the Services or access to the Services to be interrupted, damaged or impaired in any way; or
        • infringes other customers’ use and enjoyment of the Services;
      6. other than for your own private and personal use and not for any commercial purposes or to send commercial advertising or promotional material;
      7. makes available any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to in connection with the Services;
      8. use any automated means, including without limitation, agents, robots, screen-scrapers, spiders, or scripts to access, monitor or copy any part of the Services;
      9. copy, modify, disassemble, reverse engineer, decompile or in any other way interfere with any software provided as part of the Services;
      10. create any new software partly or wholly based on DeviceAtlas’ software, or transfer, assign or sub-license your right to use our software or attempt to do so, without our prior written consent;
      11. in any way that we in our reasonable discretion consider objectionable, inappropriate, likely to injure the DeviceAtlas brand and reputation, or otherwise unacceptable.
    5. In light of it being impossible to document exhaustively what constitutes fair or unfair use of our Services, DeviceAtlas reserves the right to update this Fair Usage Police on an ongoing basis, and/or to determine in its reasonable discretion where it considers usage to be objectionable, inappropriate, outside that of what was contemplated by ordinary users at the time of subscribing for the Services, or is otherwise unacceptable.

  10. Entire Agreement and Miscellaneous

    1. You agree that this Agreement is the complete agreement relating to the Services, and this Agreement supersedes all prior or contemporaneous agreements or representations concerning the Services. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. No amendment or variation to this Agreement is effective unless it has been signed by Our authorised representative.
    2. Neither You nor We shall be liable by reason of any failure or delay in the performance of its obligations on account of acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, shortages, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, insurrection, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake or default of suppliers or sub-contractors.
    3. Failure or delay by either You or Us in exercising any right or power in this Agreement shall not be considered as a waiver of such right or power.
    4. All notices which are required to be given under the Agreement shall be in writing and shall be sent to the address of the recipient as set out in the Agreement or Order or such other address as the recipient may designate by notice given in accordance with the Agreement. Any such notice may be delivered personally or by recorded delivery or registered post and shall be deemed to have been served: if by hand, when delivered; if by recorded delivery or registered post, 48 hours after posting.

  11. Jurisdiction and Governing Law

    This Agreement and relationships created hereby will in all respects be governed by and construed in accordance with the laws of Ireland. The parties hereby submit to the exclusive jurisdiction of the Irish Courts without prejudice to Our right to apply to any court of competent jurisdiction for emergency, injunctive or interim remedies.

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