1. Kalibrate Global
  2. Third-party data terms

Third Party Data Terms

 

The Nielsen Company

The Nielsen Information is licensed to the Licensee for its confidential use solely as an integrated component Licensed Products such that Licensee’s registered end-users may (a) view and segment information by DMA region and (b) output information segmented by DMA region in list and graphical map form. Any DMA Data contained in or output from the Licensed Products may be used solely for the end-user’s internal use and may not be disclosed in any manner to a third party. Under no circumstances may Licensee (a) sublicense the DMA Data to any party, (b) use the DMA regions data for consumer address segmentation.

 

NielsenIQ – TDLinx

  1. Licensed Services. NielsenIQ owns the information licensed hereunder including the TDLinx store and account numbers and other NielsenIQ references (“Licensed Materials”).  Kalibrate grants Client a limited, non exclusive license to use the Information internally for the term of this License Agreement.
  2. Prohibition Against Non-Specified Use. Any use or disclosure of Licensed Materials other than as specified in this License Agreement is prohibited without Kalibrate’s prior written consent.  No Information or other Licensed Materials may be used in any legal or administrative proceeding.
  3. Limitation of Liability. Kalibrate will refund the cost of Licensed Materials it fails to deliver in any material respect.  Kalibrate will reimburse Client for its proven actual damages from uncorrectable erroneous Information up to an aggregate maximum not to exceed applicable charges paid by Client for the affected services.  Except for the liabilities specifically assumed in the indemnification provisions, Kalibrate will not otherwise be liable, in contract, tort (including negligence) or otherwise, for any loss, expense or damage of any kind including, without limitation, direct, special, incidental or consequential damages, due to any failure to furnish any services, Information, Licensed Materials, or resulting from any errors inaccuracies in the Information or Licensed Materials, or from the use by Client or others or any Information, Licensed Materials or services hereunder. Kalibrate SHALL NOT BE LIABLE FOR ANY CLAIM BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.  These are Client’s exclusive remedies.
  4. Assignment. This License Agreement is for the benefit of and binding on the parties and their successors and assigns.  It may not be assigned by either party without the prior written consent of the other.
  5. Client authorizes Kalibrate to share the following information with Nielsen in order to facilitate delivery: Client name, contact information, initial retail sync count, and a copy of the portion of Client agreement that covers TDLinx delivery.
  6. Except as expressly set forth in the Agreement, in no event will Client: (i) copy the TDLinx Information and References, other than into computer memory for backup purposes; (ii) disclose or distribute TDLinx Information and References to any third party as a stand-alone file or in a raw unprocessed form, by any manner whatsoever, including any form of on-line technology; (iii) use the TDLinx Information and References to prepare, verify, supplement or modify any mailing/marketing list which is sold, rented or otherwise provided to third parties; (iv) reverse engineer, decompile or decode any portion of the TDLinx Information and References; (v) distribute, market, license or sell any derivative work based upon the TDLinx Information and References; (vi) download or incorporate any portion of the TDLinx Information and References into any web site, business-to-business electronic commerce application or business-to-consumer store or product locator application, without prior written consent of Nielsen, and where applicable, payment for enhanced license rights.
  7. Secure Deletion. Within 15 business days of termination, Client must return, destroy or purge all copies, excerpts, modifications and updates of the TDLinx Information and References and all supporting documentation and provide written certification of destruction and purging.

 

Synergos Technologies, Inc.

The following is applicable to the use of the any Licensed Products supplied by Synergos Technologies, Inc. (the “STI Products”) in connection with the License granted under this Agreement:

Notwithstanding anything to the contrary in the Agreement, Licensee has the right to provide Named User(s) to access STI Products in the quantities shown in Exhibit B for: A) the internal decision making purposes of one (1) line of business within a single business unit of Licensee; or B) providing consulting or similar services to one (1) customer of Licensee.

Licensee shall also have the right to disclose data contained in the STI Products solely: A) within one (1) line of business within a single business unit of Licensee in connection with internal decision making purposes or Licensee’s own research and marketing efforts; or B) in connection with providing consulting or similar services to one (1) customer of Licensee, provided that such customer agrees in writing to the terms of this Agreement.

 

 

ChainXY

ChainXY Solution Inc.’s (“ChainXY”) proprietary retail locational data and/or CenterXY shopping center locational data (in either or both cases, “ChainXY Data”) is licensed to Licensee on a limited, non-exclusive, nontransferable, revocable basis for Licensee’s internal use only and for use within the Licensor’s software platform. With the sole exception of this license, ChainXY owns and shall retain all rights, including intellectual property rights, in and to the ChainXY Data. Licensee shall not (i) sublicense, reverse compile, reverse engineer, or disassemble any portion of the ChainXY Data; (ii) derive, or attempt to derive, the source of the ChainXY Data; or (iii) modify or create derivative works of the ChainXY Data. ChainXY makes no representations to Licensee regarding the ChainXY Data, including, without limitation, with respect to merchantability or fitness for purpose, and ChainXY will not be liable for any damages, expenses, or losses that may arise from or be connected with Licensee’s use of the ChainXY Data. Following the termination of Licensee’s subscription to the Licensor’s software platform, Licensee will discontinue its use of the ChainXY Data and will promptly delete or destroy all ChainXY Data (including any copies) in Licensee’s possession.

 

Alteryx

Read terms here. 

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