Common use of Grant of License to Use Products Clause in Contracts

Grant of License to Use Products. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fees, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable license for the Term to use the Products for the Permitted Purpose (the “License”). Authorized Users The Products available under this License are only to be used by the total number of Authorized Users. The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Authorized Users. If the number of users exceeds the total number of Authorized Users, the Licensee will be in breach of this Agreement. Renewal Upon the expiration of the initial Term, this Agreement subject to any amendments to this Agreement required by Nearmap, shall be renewed automatically for successive renewal terms of twelve (12) months each (each a “Renewal Term”) unless terminated by either party by providing at least thirty (30) days written notice of its intention not to renew this Agreement prior to the expiration of the initial Term or any current Renewal Term. Product Updates Nearmap may from time to time supply the Licensee with an updated 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 new Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee uses, copies, modifies or distributes. 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 Allowance Nearmap measures data usage by the Licensee under this License when data is consumed through the Website and/or APIs. In using the Products, the Licensee's consumption of data and/or area during the Period must not exceed the Periodic Allowance, unless stated otherwise in the Additional Terms and Conditions or the Product-Specific Terms. The following conditions apply to the Licensee's Periodic Allowance: the Periodic 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 or through an API, this will be applied to the Periodic Allowance; if the Licensee does not consume its Periodic Allowance in any given Period, 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 Rate, for any usage in excess of the Periodic Allowance; Nearmap will provide notice to the Licensee if it exceeds the Periodic Allowance for any Period; and if the Licensee exceeds the Periodic Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic 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 section 12, if a Product is not available for a period of three (3) consecutive days, the Term will be extended by the period of such unavailability.

Grant of License to Use Products. Grant Subject to the terms of this Agreement and payment by the Licensee of the FeesFee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable license for the Term to use the Products in the Coverage Area for the Permitted Purpose (the “License”). Authorized Users The Products available under this License are only to be used by the total number of Authorized Users. The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Authorized Users. If the number of users exceeds you exceed the total number of Authorized Users, the Licensee you will be in breach of this Agreement. Renewal Upon the expiration of the initial Term, this Agreement subject to any amendments to this Agreement required by Nearmap, shall be renewed automatically for successive renewal terms of twelve (12) months each Terms equivalent in duration to the initial Term (each a “Renewal Term”) unless terminated by either party by providing at least thirty (30) days 30 days’ written notice of its intention not to renew this Agreement prior to the expiration expiry of the initial Term or any current Renewal Term. The Licensee will receive notice of any pricing changes or changes to the terms of this Agreement prior to the commencement of each Renewal Term. If Auto Renew is marked “No” in the New Subscription Quote, this section 1.3 is not applicable to the Licensee. Replacement Product Updates Nearmap may from time to time supply the Licensee with an updated 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 new replacement Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by displaying display of the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee usesuse, copiescopy, modifies modify or distributesdistribute. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this License when data is consumed through the Website and/or APIsLicense. In using the Products, the Licensee's consumption of data and/or area during in 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 Website or through an APIWebsite, 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 PeriodPeriod 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 usage 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 the 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 section 12, if a Product is not available for a period of three (3) 3 consecutive days, days the Term will be extended by the period of such unavailability.

Grant of License to Use Products. Grant Subject to the terms of this Agreement and payment by the Licensee of the FeesFee, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable license for the Term to use the Products in the Coverage Area for the Permitted Purpose (the “License”). Authorized Users The Products available under this License are only to be used by the total number of Authorized Users. The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Authorized Users. If the number of users exceeds you exceed the total number of Authorized Users, the Licensee you will be in breach of this Agreement. Renewal Upon the expiration of the initial Term, this Agreement subject to any amendments to this Agreement required by Nearmap, shall be renewed automatically for successive renewal terms of twelve (12) months each (each a “Renewal Term”) unless terminated by either party by providing at least thirty (30) days 30 days’ written notice of its intention not to renew this Agreement prior to the expiration expiry of the initial Term or any current Renewal Term. The Licensee will receive notice of any pricing changes or changes to the terms of this Agreement prior to the commencement of each Renewal Term. If Auto Renew is marked “No” in the Quote, this section 1.3 is not applicable to the Licensee. Replacement Product Updates Nearmap may from time to time supply the Licensee with an updated 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 new replacement Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by displaying display of the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee usesuse, copiescopy, modifies modify or distributesdistribute. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Data Allowance Nearmap measures data usage by the Licensee under this License when data is consumed through the Website and/or APIsLicense. In using the Products, the Licensee's consumption of data and/or area during in 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 Website or through an APIWebsite, 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 PeriodPeriod 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 usage 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 the 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 section 12, if a Product is not available for a period of three (3) 3 consecutive days, days the Term will be extended by the period of such unavailability.

Grant of License to Use Products. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fees, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable license for the Term to use the Products for and to the extent of the Permitted Purpose (the “License”). Authorized Users The Products available under this License are only to be used by the total number of Authorized Users. The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Authorized Users. If the number of users exceeds the total number of Authorized Users, the Licensee will be in breach of this Agreement. Renewal Upon the expiration of the initial Term, this Agreement subject to any amendments to this Agreement required by Nearmap, shall be renewed automatically for successive renewal terms of twelve (12) months each (each a “Renewal Term”) unless terminated by either party by providing at least thirty (30) days 30 days’ written notice of its intention not to renew this Agreement prior to the expiration expiry of the initial Term or any current Renewal Term. Replacement Product Updates Nearmap may from time to time supply the Licensee with an updated 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 new replacement Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee uses, copies, modifies or distributes. Unless otherwise permitted in writing, the Licensee must not remove or cause to be removed any Nearmap logo, watermark, watermark or other Nearmap attribution in any Product or Derivative Works. Periodic Allowance Nearmap measures data usage by the Licensee under this License when data is consumed through the Website and/or APIsLicense. In using the Products, the Licensee's consumption of data and/or area during the Period must not exceed the Periodic Allowance, unless stated otherwise in the Additional Terms and Conditions or the Product-Specific Terms. The following conditions apply to the Licensee's Periodic Allowance: the Periodic 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 or through an APIWebsite, this will be applied to the Periodic Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images may use a higher portion of data of the Periodic Allowance than downloading a lower resolution image; if the Licensee does not consume its Periodic Allowance in any given Period, 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 Rate, for any usage in excess of the Periodic Allowance; Nearmap will provide notice to the Licensee if it exceeds the Periodic Allowance for any Period; and if the Licensee exceeds the Periodic Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic 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 section 12, if a Product is not available for a period of three (3) 3 consecutive days, the Term will be extended by the period of such unavailability.

Grant of License to Use Products. Grant Subject to the terms of this Agreement and payment by the Licensee of the Fees, Nearmap grants to the Licensee a limited, non-exclusive, non-transferrable license for the Term to use the Products for and to the extent of the Permitted Purpose (the “License”). Authorized Users The Products available under this License are only to be used by the total number of Authorized Users. The Licensee shall implement reasonable controls to ensure that it does not exceed the number of Authorized Users. If the number of users exceeds the total number of Authorized Users, the Licensee will be in breach of this Agreement. Renewal Upon the expiration of the initial Term, this Agreement subject to any amendments to this Agreement required by Nearmap, shall be renewed automatically for successive renewal terms of twelve (12) months each (each a “Renewal Term”) unless terminated by either party by providing at least thirty (30) days written notice of its intention not to renew this Agreement prior to the expiration expiry of the initial Term or any current Renewal Term. Replacement Product Updates Nearmap may from time to time supply the Licensee with an updated 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 new replacement Product from the date of delivery from Nearmap. Acknowledge Nearmap source The Licensee must expressly acknowledge Nearmap, in a reasonably prominent manner (by displaying the Nearmap logo or other appropriate attribution), as the source of any Product or Derivative Works that the Licensee uses, copies, modifies or distributes. 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 Allowance Nearmap measures data usage by the Licensee under this License when data is consumed through the Website and/or APIsLicense. In using the Products, the Licensee's consumption of data and/or area during the Period must not exceed the Periodic Allowance, unless stated otherwise in the Additional Terms and Conditions or the Product-Specific Terms. The following conditions apply to the Licensee's Periodic Allowance: the Periodic 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 or through an APIWebsite, this will be applied to the Periodic Allowance. The Licensee may have the option to elect to download high resolution images. Downloading these images may use a higher portion of data of the Periodic Allowance than downloading a lower resolution image; if the Licensee does not consume its Periodic Allowance in any given Period, 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 Rate, for any usage in excess of the Periodic Allowance; Nearmap will provide notice to the Licensee if it exceeds the Periodic Allowance for any Period; and if the Licensee exceeds the Periodic Allowance, Nearmap may, in its absolute discretion, elect to: restrict the Licensee's access to the Products until the Periodic 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 section 12, if a Product is not available for a period of three (3) consecutive days, the Term will be extended by the period of such unavailability.