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Data Terms of Use, Terms of Use and Fair Usage Policy and Media Pricing

Data Terms of Use

Terms of Use

End-User License Agreement for Osokey Web Browser based software This End User License Agreement is between the Licensee and Osokey Ltd., a company incorporated in England under company number 10469720 and having its registered office at Suite 7, The Hub, Station Road, Henley-on-Thames, RG9 1AY, United Kingdom (hereinafter called “Osokey”) Licensee wishes to use the Osokey software under this EULA (hereinafter called “you”, “your” or “Licensee”). This End-User License Agreement (EULA) is a legal agreement between you (either as an individual or on behalf of an entity) and Osokey Ltd. regarding your use of Osokey's applications and associated documentation (the "Software"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE. Summary You must agree to all of the terms of this EULA to use this Software. The Services are licensed, not sold to you, and you may use the Services only as set forth in this Agreement. This Software is provided "as-is" with no warranties, and you agree that Osokey is not liable for anything you do with it. You are solely responsible for protecting the privacy and legal rights of your End Users. You are solely responsible for exporting your Content from the Services prior to terminating your use of the Osokey Software. Definitions "Agreement" shall mean an agreement whereby Software is purchased, rented or otherwise obtained. The Agreement must state which modules of the software are purchased, rented, or obtained and the time period, during which the license is valid, and any special conditions overruling this EULA. “Application” means any use of Osokey Stream. “Content” means software, data, text, audio, video, images or other content. “End User” means any individual or entity that directly or indirectly through another user. “Service or Services” means any use or content of Osokey Stream. “Software” means any use of Osokey Stream. Agreement By using the Software, you accept and agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this EULA, you may not use the Software. License This EULA entitles you to use the Software for any lawful purpose consistent with this EULA. Your license to use the Software is expressly conditioned upon your agreement to all of the terms of this EULA. This software is licensed, not sold. Osokey reserves all other rights not granted by this EULA. Osokey grants you a revocable, non-transferable, non-exclusive license to use the Software for the time period that you are a registered user of the Service. Usage Rights To access the Services, you must create a Service user account. Privacy Notices Osokey may collect certain anonymous data and information from you in connection with your use of the Software and otherwise in connection with this Agreement. All such data and information will be collected and stored anonymously for the purpose of producing publicly available anonymous usage statistics. The software automatically communicates with Osokey to provide the Service. Restrictions When using the Software you must use it in a manner that complies with the applicable laws in the jurisdiction(s) in which you use the Software. You may not; reproduce, modify, adapt or create derivative works of any part of the Software. You may not; rent, lease, distribute, sell, sublicense, transfer, or exchange the Software for anything of value. You may not; use the Software for the benefit of any third party, incorporate the Software into a product or service you provide to a third party, interfere with any license key mechanism in the Software or otherwise circumvent mechanisms in the Software intended to limit your use. You may not; reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non- public APIs to the Software, except to the extent expressly permitted by applicable law. You may not remove or alter any proprietary notices, branding or marks relating to Osokey on the Software. The names Osokey, Osokey Stream, and related Osokey logos and/or stylised names are creations of Osokey. You agree not to display or use these names/logos in any manner without Osokey's prior, written permission. Open-Source Notices Certain components of the Software are subject to open-source software licenses These licences are; Apache-2.0 - https://opensource.org/licenses/Apache-2.0 Amazon Software License - https://aws.amazon.com/asl/ MIT - https://opensource.org/licenses/MIT BSD 2-clause - https://opensource.org/licenses/BSD-2-Clause BSD 3-clause - https://opensource.org/licenses/BSD-3-Clause CeCILL-B - https://cecill.info/licences.en.html ("Open-Source Components"), which means any software license approved as open- source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. The Software documentation includes copies of the licenses applicable to the Open-Source Components. To the extent there is conflict between the license terms covering the Open-Source Components and this EULA, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to Open-Source Components prohibit any of the restrictions in this Agreement with respect to such Open-Source Component, such restrictions will not apply to such Open-Source Component. Links to other Websites This website may contain links to third-party web sites or services that are not owned or controlled by Osokey. Those websites may have their own privacy policies, which we strongly suggest you review if you visit any linked websites. Osokey has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You agree that ​Osokey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. Intellectual Property Notices The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Osokey. Osokey reserves all rights in and to the Software not expressly granted to you in this EULA. This Agreement does not grant either party any rights, implied or otherwise, to the other’s Content or any of the other’s intellectual property. As between the parties, you own all intellectual property rights in your customer data, and we own all intellectual property rights in the Services. You consent to our use of Your Content to provide the Services to you. As between you and Osokey, you own Your Content (Data). You are solely responsible for the creation and use of Your Content. For example, you are solely responsible for: Compliance of Content with any applicable laws or regulations; Any claims relating to Your Content (Data); and Properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that Your Content violates such person’s rights. You represent and warrant to us that: You own all right, title, and interest in and to Your Content and Data. The names Osokey, Osokey Stream, and related Osokey logos and/or stylised names are proprietary of Osokey. You agree not to display or use these names/logos in any manner without Osokey's prior, written permission. Fees and Charges You incur fees and charges based on your use of the Services. Disclaimers and Limitations on Liability THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. Osokey does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected. YOU EXPRESSLY UNDERSTAND AND AGREE THAT OSOKEY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OSOKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) or any other matter relating to the Software. Osokey reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. Osokey shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software. Termination Osokey may with sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from ​Osokey if you fail to comply with any provision of this Agreement. Upon termination of this Agreement, you shall cease all use of the Software. Miscellanea This Agreement shall be construed so far as possible to give validity to all its provisions. Any provision found to be void or unenforceable shall be deemed to be omitted herefrom and the remaining provisions shall continue in full force and effect. The failure of Osokey to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. This EULA constitutes the entire agreement between you and Osokey and governs your use of the Software, superseding any prior versions of the EULA). You agree that this EULA and your use of the Software are governed under the laws of England and Wales and the parties agree to the exclusive jurisdiction of the English courts. Please send any questions about this EULA to legal@osokey.com.