Non-Display Uses. In the event that Partner, during the Term, wishes to utilize the Licensed Content within the Partner Services for any purpose other than display as expressly permitted in this Agreement: (a) Partner shall be required to obtain MSI’s prior written approval of such use, which approval MSI may withhold in its sole discretion; and (b) in the event that MSI grants approval for such use, MSI shall be permitted to offer Content Sources the ability to elect not to authorize their content to be utilized for such use while still authorizing their content to be displayed within the Partner Services as permitted herein, and Partner shall be obliged to comply with such election. Notwithstanding the foregoing, Partner is hereby expressly permitted, during the Term only and without obtaining the prior written approval of MSI or the Content Sources, to incorporate the Licensed Content or portions thereof into real estate market trends, indexes, and averages and to display such trends, indexes, and averages to consumers on the Partner Network. Notwithstanding any provision to the contrary contained herein, Partner may not offer for sale any trends, indexes, or averages incorporating the Licensed Content or any portion thereof or any product incorporating any such trends, indexes, or averages. Other than sending End User leads to email addresses delivered with the Licensed Content in accordance with the provisions hereof, Partner may send emails to an email address delivered with the Licensed Content only in the event that: (y) the listing to which such email address relates was authorized for distribution via the Platform by the listing broker (rather than by an MLS or franchise); or (z) the listing to which such email address relates was authorized for distribution via the Platform by an MLS or franchise and Partner has received from such MLS or franchise explicit consent to send emails to such email address (provided however that mere acceptance of the Partner Ts&Cs shall not qualify as such explicit consent). Notwithstanding any provision to the contrary contained herein, Partner shall not be required to comply with clause (z) of the immediately preceding sentence until ninety (90) days following the Effective Date. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall restrict Partner’s use of email addresses that Partner has received from sources other than MSI including, without limitation, email addresses related to Partner End...
Non-Display Uses. Subject to Section 3.5 (Right to Remove or Exclude), Google may make Non-Display Uses of all No Display Books.
Non-Display Uses. In the event that Partner, during the Term, utilizes the Licensed Content within the Partner Services for any purpose other than display, [***]. The parties acknowledge and agree that use by Partner of the Licensed Content within the Partner Services in the automated home valuation model known as of the Effective Date as “Zestimate” (“Zestimate”) and in the median Zestimate valuation for a given geographic area known as of the Effective Date as “Zindex” shall be deemed to be display uses within the meaning of this Section 3.11. 4 [***] As used herein, “MLS-Sourced Data” shall mean data pertaining to real properties that Partner receives or accepts either (i) directly from a multiple listing service, or (ii) from one or more third-parties that receive such data, either directly or indirectly, from a multiple listing service, provided that data pertaining to real properties that Partner receives directly from a real estate agent shall not be deemed to be MLS-Sourced Data unless Partner is reasonably able to determine that such real estate agent received such data from a multiple listing service. In the event that Partner begins, at any time after the [***] of the Term, to directly or indirectly operate any business or platform that distributes MLS-Sourced Data to any website outside of the Zillow Real Estate Network (other than via a Zillow widget that meets the requirements described above), Partner shall provide Threewide prompt written notice of such, which written notice must be provided no later than the earlier of: (a) ten (10) days after the date on which Partner first enters into an agreement with a content source pursuant to which Partner acquires MLS-Sourced Data, or rights thereto, for distribution to any website outside of the Zillow Real Estate Network; and (b) ninety (90) days prior to Partner actually beginning to directly or indirectly operate any such business or platform. In the event that Partner provides such notice to Threewide, Threewide shall be permitted to terminate this Agreement at any time thereafter, effective immediately upon written notice to Partner. Such termination right is in addition to the termination rights contained in Section 9.2 hereof.
Non-Display Uses. In the event that Partner, during the Term, utilizes the Licensed Content within the Partner Services for any purpose other than display, [***]. The parties acknowledge and agree that use by Partner of the Licensed Content within the Partner Services in the automated home valuation model known as of the Effective Date as “Zestimate” (“Zestimate”) and in the median Zestimate valuation for a given geographic area known as of the Effective Date as “Zindex” shall be deemed to be display uses within the meaning of this Section 3.11.
Non-Display Uses. Subject to Rightsholders’ removal rights discussed in Question 9(D) above, Google will be permitted to make Non-Display Uses of the Books and Inserts. Non- Display Uses are uses that do not involve displaying any content from a Book to the public; examples include display of bibliographic information, full-text indexing (without displaying the text); geographic indexing of Books; algorithmic listings of key terms for chapters of Books; and internal research and development at Google. Rightsholders may not exclude Books or Inserts from Non-Display Uses. You may only prevent Google from making Non-Display uses of your Book if you make a timely request for removal of your Book. See Question 9(D) above. You may only preserve your right to bring claims against Google for its Non- Display Use of your Books or Inserts if you opt out of the Settlement altogether. Question 15 below informs you how to opt out of the Settlement.
