8.1 All Intellectual Property rights in the Services including the user interface content, design and process flows used to deliver the Services including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software (together “Adstream Intellectual Property”) and all improvements, variations, adaptations, upgrades and conversions is the property of Adstream, its affiliates, its licensors or other relevant third parties and the Customer shall have no rights in respect of the Adstream Intellectual Property except as expressly granted under these Conditions. By continuing to use the Services the Customer acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other laws.
8.2 Adstream hereby grants to the Customer a non-exclusive, non-transferrable, licence to access and use the Services and Platform in accordance with these Conditions and the End User Agreement (the “Licence”). The Customer may not use the Services for any other purpose without Adstream’s prior written consent and the Customer acknowledges that additional fees may be payable on any change of use approved by Adstream.
8.3 The Services are provided subject to the following:
- 8.3.1 neither the Customer nor Users are permitted to reproduce, copy, distribute, store or in any other fashion re-use material from the user interface content, design and process flows used to deliver the Services unless otherwise given express written permission to do so by Adstream, and
- 8.3.2 payment of the applicable Charges as set out in the Order Form.
8.4 The Customer and Users are expressly prohibited from using or exploiting any information provided by Adstream (including, but not limited to, training materials, technical documentation, high level and low level designs, service specifications and user guides) for any purpose other than for the effective use and management and/or security of the Services.
8.5 Notwithstanding clauses 8.1 to 8.4, content comprising the Services may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8.6 The Customer, the relevant third party licensor or, where applicable, Users, own all intellectual property rights in and to the Customer Data. Except as expressly stated herein, these Conditions do not grant us any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Customer Data and all such rights are expressly reserved to the Customer (or the applicable User). The Customer grants Adstream a non-exclusive, royalty-free licence to use the Customer Data for the purposes of providing the Service, and as part of service data, to provide services to our other clients, subject always to the data protection and confidentiality provisions set out in these Conditions.
Contents{/a}
Definitions{/a}
1. Interpretation{/a}
2. Overriding Provisions{/a}
3. Access to the Services{/a}
4. Payment of Charges, VAT & Withholding Taxes{/a}
5. Warranties{/a}
6. Confidentiality{/a}
7. Customer Data and Information Security{/a}
8. Intellectual Property{/a}
9. Term And Termination{/a}
10. Consequences of Termination and Expiry{/a}
11. Acknowledgements, Liability and Indemnities{/a}
12. Force Majeure{/a}
13. Data Protection{/a}
14. Transfer and Sub-Contracting{/a}
15. The Contracts (Rights of Third Parties) Act 1999{/a}
16. Dispute Resolution{/a}
17. Waiver and Severability{/a}
18. Previous Terms and Conditions{/a}
19. Entire Agreement and Variation{/a}
20. Notices{/a}
21. Youtube{/a}
22. Law and Jurisdiction{/a}