Common use of GRANT OF LICENCE TO USE PRODUCTS Clause in Contracts

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in the Coverage Area for the Permitted Purpose (Licence). Users The Products available under this Licence are only to be used by the number of users as set out in the Quote(Seats). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing at least 7 days prior to the expiry of the Term and subject to any amendments to this Agreement required by Nearmap, the Term will automatically be renewed for a subsequent 12-month period. Replacement Product Nearmap may from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement Product from date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee use, copy, modify or distribute. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this Licence. In using the Products, the Licensee's consumption of data in the Period must not exceed the Periodic Data Allowance. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download Products available to the Licensee on the Website, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will use a higher portion of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee in any given Period is less than the Periodic Data Allowance, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 consecutive days the Term will be extended by the period of unavailability.

Appears in 3 contracts

Samples: Products Agreement, Products Agreement, Products Agreement

AutoNDA by SimpleDocs

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in for and to the Coverage Area for extent of the Permitted Purpose (the “Licence). Users The Products available under this Licence are only to be used by the number of users as set out in the Quote(SeatsQuote (Seats). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee number of users exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing at least 7 seven (7) days prior to the expiry of the Term and subject to any amendments to this Agreement required by Nearmapas agreed in writing between Nearmap and the Licensee, the Term will automatically be renewed for successive renewal terms of twelve (12) months each (each a subsequent 12-month period“Renewal Term”). Replacement Product Nearmap may may, from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee useuses, copycopies, modify modifies or distributedistributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this Licence. In using the Products, the Licensee's consumption of data in and/or area during the Period must not exceed the Periodic Data Allowance. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data and/or area usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download and/or export Products available to the Licensee on the Website, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will may use a higher portion of data of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee does not consume its Periodic Allowance in any given Period is less than the Periodic Data AllowancePeriod, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption usage in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its the Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 three (3) consecutive days the Term will be extended by the period of such unavailability.

Appears in 2 contracts

Samples: Products Agreement, Products Agreement

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in the Coverage Area for the Permitted Purpose (the “Licence). Users The Products available under this Licence are only to be used by the number of users Authorised Users as set out in the Quote(SeatsQuote (“Seats”). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee number of users exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing at least 7 seven (7) days prior to the expiry of the Term and subject to any amendments to this Agreement required by Nearmapas agreed in writing between Nearmap and the Licensee, the Term will automatically be renewed for successive renewal terms of twelve (12) months each (each a subsequent 12-month period“Renewal Term”). Replacement Product Updates Nearmap may from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement new Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee useuses, copycopies, modify modifies or distributedistributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this LicenceLicence when data is consumed through the Website and/or APIs. In using the Products, the Licensee's consumption of data in and/or area during the Period must not exceed the Periodic Data Allowance, unless stated otherwise in the Additional Terms and Conditions or the Product-Specific Terms. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download and/or export Products available to the Licensee on the WebsiteWebsite or through an API, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will use a higher portion of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee does not consume its Periodic Allowance in any given Period is less than the Periodic Data AllowancePeriod, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption usage in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its the Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 three (3) or more consecutive days the Term will be extended by the period of such unavailability.

Appears in 2 contracts

Samples: Zealand Products Agreement, Zealand Products Agreement

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the FeeFees, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in for and to the Coverage Area for extent of the Permitted Purpose (the “Licence). Users The Products available under this Licence are only to be used by the number of users as set out in the Quote(SeatsQuote (Seats). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee number of users exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing at least 7 seven (7) days prior to the expiry of the Term and subject to any amendments to this Agreement required by Nearmap, the Term will automatically be renewed for successive renewal terms of twelve (12) months each (each a subsequent 12-month period“Renewal Term”). Replacement Product Nearmap may from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee useuses, copycopies, modify modifies or distributedistributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this Licence. In using the Products, the Licensee's consumption of data in and/or area during the Period must not exceed the Periodic Data Allowance. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data and/or area usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download and/or export Products available to the Licensee on the Website, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will may use a higher portion of data of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee does not consume its Periodic Allowance in any given Period is less than the Periodic Data AllowancePeriod, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption usage in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its the Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 three (3) consecutive days the Term will be extended by the period of such unavailability.

Appears in 2 contracts

Samples: Products Agreement, Products Agreement

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in for and to the Coverage Area for extent of the Permitted Purpose (the “Licence). Users The Products available under this Licence are only to be used by the number of users as set out in the Quote(SeatsQuote (Seats). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee number of users exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing at least 7 days prior to the expiry of the Term and subject to any amendments to this Agreement required by Nearmapas agreed in writing between Nearmap and the Licensee, the Term will automatically be renewed for a subsequent successive renewal terms of twelve (12-month period) months each. Replacement Product Nearmap may from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee useuses, copycopies, modify modifes or distributedistributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this Licence. In using the Products, the Licensee's consumption of data in and/or area during the Period must not exceed the Periodic Data Allowance. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data and/or area usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download and/or export Products available to the Licensee on the Website, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will may use a higher portion of data of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee does not consume its Periodic Allowance in any given Period is less than the Periodic Data AllowancePeriod, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption usage in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its the Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 consecutive days the Term will be extended by the period of such unavailability.

Appears in 1 contract

Samples: Products Agreement

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in the Coverage Area for the Permitted Purpose (Licence). Users The Products available under this Licence are only to be used by the number of users as set out in the Quote(Seats). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing at least within 7 days prior to the expiry of the Term and subject to any amendments to this Agreement required by Nearmap, the Term will automatically be renewed for a subsequent 12-month period. Replacement Product Nearmap may from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement Product from date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee use, copy, modify or distribute. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this Licence. In using the Products, the Licensee's consumption of data in the Period must not exceed the Periodic Data Allowance. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download Products available to the Licensee on the Website, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will use a higher portion of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee in any given Period is less than the Periodic Data Allowance, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 consecutive days the Term will be extended by the period of unavailability.

Appears in 1 contract

Samples: Products Agreement

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the FeeFees, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in for and to the Coverage Area for extent of the Permitted Purpose (the “Licence). Users The Products available under this Licence are only to be used by the number of users as set out in the Quote(SeatsQuote (Seats). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee number of users exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing at least 7 days prior to the expiry of the Term and subject to any amendments to this Agreement required by Nearmap, the Term will automatically be renewed for a subsequent successive renewal terms of twelve (12-month period) months each. Replacement Product Nearmap may from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee useuses, copycopies, modify modifies or distributedistributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this Licence. In using the Products, the Licensee's consumption of data in and/or area during the Period must not exceed the Periodic Data Allowance. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data and/or area usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download and/or export Products available to the Licensee on the Website, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will may use a higher portion of data of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee does not consume its Periodic Allowance in any given Period is less than the Periodic Data AllowancePeriod, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption usage in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its the Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 consecutive days the Term will be extended by the period of such unavailability.

Appears in 1 contract

Samples: Products Agreement

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in the Coverage Area for the Permitted Purpose (Licence). Users The Products available under this Licence are only to be used by the number of users as (Seats) set out in the Quote(Seats)Schedule 1. The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing at least within 7 days prior to the expiry of the Term and subject to any amendments to this Agreement required by Nearmap, the Term will automatically be renewed for a subsequent 12-month periodTerm. Replacement Product Nearmap may from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement Product from date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee use, copy, modify or distribute. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this Licence. In using the Products, the Licensee's consumption of data in the Period must not exceed the Periodic Data Allowance. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download Products available to the Licensee on the Website, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will use a higher portion of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee in any given Period is less than the Periodic Data Allowance, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 consecutive days the Term will be extended by the period of unavailability.

Appears in 1 contract

Samples: Products Agreement

AutoNDA by SimpleDocs

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in the Coverage Area only for the Permitted Purpose (the “Licence). Users The Products available under this Licence are only to be used by the number of users Authorised Users as set out in the Quote(SeatsQuote (“Seats”). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee number of Authorised Users exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing writing, at least 7 seven (7) days prior to the expiry of the Term Term, and subject to any amendments to this Agreement required by Nearmapas agreed in writing between Nearmap and the Licensee, the Term will automatically be renewed for successive renewal terms of twelve (12) months each (each a subsequent 12-month period“Renewal Term”). Replacement On such renewal, Nearmap will provide the Licensee a renewal reminder at least thirty (30) days prior to the expiry of the Term. Product Updates Nearmap may may, from time to time supply the Licensee with a replacement an updated Product of no lesser quality than the previously supplied Product at its absolute discretionProduct. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement new Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee useuses, copycopies, modify modifies or distributedistributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this LicenceLicence when data is consumed through the Website and/or APIs. In using the Products, the Licensee's consumption of data in and/or area during the Period must not exceed the Periodic Data Allowance, unless stated otherwise in the Additional Terms and Conditions or the Product-Specific Terms. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data and/or area usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download and/or export Products available to the Licensee on the WebsiteWebsite or through an API, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will use a higher portion of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee does not consume its Periodic Allowance in any given Period is less than the Periodic Data AllowancePeriod, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption usage in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its the Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period, unless additional fees are timely paid by the Licensee under clause 5. Unavailability Subject to clause 12, if a Product is not available for a period of 3 three (3) consecutive days the Term will be extended by the period of such unavailability.

Appears in 1 contract

Samples: Products Agreement

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in the Coverage Area only for the Permitted Purpose (the “Licence). Users The Products available under this Licence are only to be used by the number of users Authorised Users as set out in the Quote(SeatsQuote (“Seats”). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee number of Authorised Users exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing writing, at least 7 seven (7) days prior to the expiry of the Term Term, and subject to any amendments to this Agreement required by Nearmapas agreed in writing between Nearmap and the Licensee, the Term will automatically be renewed for successive renewal terms of twelve (12) months each (each a subsequent 12-month period“Renewal Term”). Replacement Product Updates Nearmap may may, from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement new Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee useuses, copycopies, modify modifies or distributedistributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this LicenceLicence when data is consumed through the Website and/or APIs. In using the Products, the Licensee's consumption of data in and/or area during the Period must not exceed the Periodic Data Allowance, unless stated otherwise in the Additional Terms and Conditions or the Product-Specific Terms. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data and/or area usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download and/or export Products available to the Licensee on the WebsiteWebsite or through an API, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will use a higher portion of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee does not consume its Periodic Allowance in any given Period is less than the Periodic Data AllowancePeriod, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption usage in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its the Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 three (3) consecutive days the Term will be extended by the period of such unavailability.

Appears in 1 contract

Samples: Products Agreement

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in for and to the Coverage Area for extent of the Permitted Purpose (the “Licence). Users The Products available under this Licence are only to be used by the number of users as set out in the Quote(SeatsQuote (Seats). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee number of users exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing at least 7 seven (7) days prior to the expiry of the Term and subject to any amendments to this Agreement required by Nearmapas agreed in writing between Nearmap and the Licensee, the Term will automatically be renewed for successive renewal terms of twelve (12) months each (each a subsequent 12-month period“Renewal Term”). Replacement Product Nearmap may from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee useuses, copycopies, modify modifies or distributedistributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this Licence. In using the Products, the Licensee's consumption of data in and/or area during the Period must not exceed the Periodic Data Allowance. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data and/or area usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download and/or export Products available to the Licensee on the Website, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will may use a higher portion of data of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee does not consume its Periodic Allowance in any given Period is less than the Periodic Data AllowancePeriod, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption usage in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its the Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 three (3) or more consecutive days the Term will be extended by the period of such unavailability.

Appears in 1 contract

Samples: Zealand Products Agreement

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the FeeFees, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in the Coverage Area only for the Permitted Purpose (the “Licence). Users The Products available under this Licence are only to be used by the number of users Authorised Users as set out in the Quote(SeatsQuote (Seats). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee number of users exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing at least 7 seven (7) days prior to the expiry of the Term and subject to any amendments to this Agreement required by Nearmap, the Term will automatically be renewed for successive renewal terms of twelve (12) months each (each a subsequent 12-month period“Renewal Term”). Replacement Product Updates Nearmap may from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement new Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee useuses, copycopies, modify modifies or distributedistributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this LicenceLicence when data is consumed through the Website and/or APIs. In using the Products, the Licensee's consumption of data in and/or area during the Period must not exceed the Periodic Data Allowance, unless stated otherwise in the Additional Terms and Conditions or the Product-Specific Terms. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data and/or area usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download and/or export Products available to the Licensee on the WebsiteWebsite or through an API, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will use a higher portion of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee does not consume its Periodic Allowance in any given Period is less than the Periodic Data AllowancePeriod, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption usage in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its the Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 three (3) consecutive days the Term will be extended by the period of such unavailability.

Appears in 1 contract

Samples: Products Agreement

GRANT OF LICENCE TO USE PRODUCTS. Grant Subject to the terms of this Agreement and payment by the Licensee of the FeeFees, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable licence for the Term to use the Products in the Coverage Area only for the Permitted Purpose (the “Licence). Users The Products available under this Licence are only to be used by the number of users Authorised Users as set out in the Quote(SeatsQuote (“Seats”). The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Seats. If the Licensee number of users exceeds the total number of Seats, the Licensee will be in breach of this Agreement. Renewal Unless otherwise notified by the Licensee in writing at least 7 seven (7) days prior to the expiry of the Term and subject to any amendments to this Agreement required by Nearmap, the Term will automatically be renewed for successive renewal terms of twelve (12) months each (each a subsequent 12-month period“Renewal Term”). Replacement Product Updates Nearmap may from time to time supply the Licensee with a replacement Product of no lesser quality than the previously supplied Product at its absolute discretion. If requested by Nearmap, the Licensee must stop using any previously supplied Product and use the replacement new Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by display of displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee useuses, copycopies, modify modifies or distributedistributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this LicenceLicence when data is consumed through the Website and/or APIs. In using the Products, the Licensee's consumption of data in and/or area during the Period must not exceed the Periodic Data Allowance, unless stated otherwise in the Additional Terms and Conditions or the Product-Specific Terms. The following conditions apply to the Licensee's Periodic Data Allowance: the Periodic Data Allowance used by the Licensee will be calculated at the end of every Period based on the total data and/or area usage of all users who access and use the Licensee's Nearmap account during that Period; if the Licensee elects to download and/or export Products available to the Licensee on the WebsiteWebsite or through an API, this will be applied to the Periodic Data Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images will use a higher portion of the Periodic Data Allowance than downloading a lower resolution image; if the amount of data consumed by the Licensee does not consume its Periodic Allowance in any given Period is less than the Periodic Data AllowancePeriod, the balance will not be rolled over to a following Period; the Licensee agrees that Nearmap may charge the Licensee additional fees, up to a maximum of the Excess Data Rate, for any use by the Licensee of the Products resulting in data consumption usage in excess of the Periodic Data Allowance; Nearmap will provide notice to the Licensee if it exceeds its the Periodic Data Allowance for any Period; and if the Licensee exceeds the Periodic Data Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic Data Allowance is reset or until additional fees are paid; or immediately cease the Licensee's access to the Products for the remainder of the Period. Unavailability Subject to clause 12, if a Product is not available for a period of 3 three (3) consecutive days the Term will be extended by the period of such unavailability.

Appears in 1 contract

Samples: Products Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.