Zopa Public Data Licence
Last change posted: 08 March 2017
1.1 Zopa grants to you a non-exclusive, non-transferable, revocable, worldwide licence for your own personal or internal business purposes (not for use by or for the benefit of any person other than your employee(s)) and not for commercial use or exploitation, to: (a) access, display, store and back-up Zopa Data on your own computer(s) or other digital device(s); (b) analyse and aggregate the Zopa Data, subject to the provisions of this Zopa Public Data Licence. 1.2 We shall not be obliged to supply any Zopa Data, and we may delete or remove without notice any Zopa Data in our sole and absolute discretion, for any reason or no reason. You are solely responsible at your sole cost and expense for creating back-up copies and replacing any Zopa Data (subject to the provisions of this Zopa Public Data Licence).
2. Licence Restrictions
2.1 You shall: (a) not in any way commercially exploit any of the Zopa Data without our prior written consent (which may be withheld for any reason); (b) make copies of the Zopa Data only to the extent reasonably necessary for back-up purposes permitted under Clause 2; (c) not extract, use, reutilise, exploit, distribute, redistribute, disseminate, re-disseminate, copy or store the Zopa Data for any purpose not expressly permitted by this Zopa Public Data Licence; (d) not make any of the Zopa Data accessible (including the provision of access through a database or other application populated with the Zopa Data for re-selling, sub-licensing, transferring or disclosing the Zopa Data) by any means, including any electronic means; (e) not do anything which may damage the reputation of Zopa or the Zopa Data; (f) not remove any copyright, trade mark or other notice included with the Zopa Data;
3. Intellectual Property Rights
3.1 You acknowledge that: (a) all the Intellectual Property Rights in the Zopa Data are the property of, owned by and shall vest and remain vested in Zopa or its licensors, as the case may be; (b) you have no rights in or to the Zopa Data other than the right to use them in accordance with the express terms of this Zopa Public Data Licence; (c) Zopa or its licensors has or have made and will continue to make substantial investment in the obtaining, verification, selection, coordination, development, presentation and supply of the Zopa Data; and (d) “ZOPA” and related design(s) are trademarks of Zopa (“Zopa Trademarks”) and, while you are not granted any right or licence to use the Zopa Trademarks, any goodwill generated through your use or misuse of the Zopa Trademarks shall belong only to Zopa. 3.2 In this Zopa Public Data Licence, “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
4. Liability And Disclaimers
4.1 We do not guarantee, warrant or represent that: (a) the Zopa Data is complete, accurate, up-to-date or error-free; (b) any web page(s) on which we make any Zopa Data available is virus free or that its operation will be continuous, uninterrupted or error-free. 4.2 You acknowledge and agree that the Zopa Data: (a) cannot be relied upon by you or any third party as a guarantee of any particular result; (b) does not constitute any form of advice, recommendation or endorsement by us; (c) is not intended by us to be relied upon by you as the basis for making (or refraining from making) any specific decision; and (d) you download the Zopa Data at your own discretion and will be exclusively responsible for any damage to your computer or any lost Information that results from you accessing, downloading, displaying, analysing, aggregating or storing any Zopa Data. 4.3 THIS WEB PAGE AND THE ZOPA DATA ARE PROVIDED "AS-IS" AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS WEB PAGE OR THE ZOPA DATA. WE DO NOT REPRESENT OR WARRANT THAT THIS WEB PAGE OR THE ZOPA DATA ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY ZOPA DATA AND USE INDUSTRY-RECOGNISED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THE ZOPA DATA AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR DEVICE OR COMPUTER SYSTEM, LOSS OF INFORMATION OR OTHER HARM OF ANY KIND THAT MAY RESULT. 4.4 No party excludes or limits liability to any other party for: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; or (c) any matter in respect of which it would be unlawful for the parties to exclude liability for respectively.
5.1 This Zopa Public Data Licence shall be governed by and construed in accordance with English law, and any dispute shall be subject to the non-exclusive jurisdiction of the courts of the United Kingdom. 5.2 No failure or delay by us to exercise any right or remedy provided under this Zopa Public Data Licence or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. 5.3 This Zopa Public Data Licence is not intended to confer a benefit on any person who is not a party to it. No person who is not a party to this Zopa Public Data Licence shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.