ADDRESSBASE STANDARD (PUBLIC SECTOR) |ID NUMBER 201242

GBG is obliged under the terms of its agreement with its Supplier to ensure that all End Users agree to comply with the following provisions:

1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms and Product Terms:
“Business Use” means the use of the Supplier Data, by End Users (including Infrastructure Bodies and Public Bodies) solely for the internal administration and operation of the End User’s business but does not entitle the End User to make available or provide the Supplier Data to thirds parties.
“Commercial Activities” means any activity which involves or is intended to involve Financial Gain.
“Competing Activities” means where the End User is using this Dataset in an activity which:
(a) competes with or substitutes an activity of third party that is licensed for the Supplier Data;
(b) is reasonably likely to complete with or substitute an activity of third party that is licensed for or to be licensed for the Supplier Data;
(c) competes with or substitutes or is likely to compete with or substitute any of the Supplier’s products and/or services (such products or services to be notified to the End User from time to time).
“Core Business” means any public sector activity in central and local government and health services, excluding Commercial Activities and/or Competing Activities.
“Educational Funding Authority” means any of the following, or their successors: Higher Education Funding Council for England; Higher Education Funding Council for Wales; Scottish Funding Council; Department for Employment and Learning; Skills Funding Agency; Education Funding Agency; and Department for Children, Education, Lifelong Learning and Skills within the Welsh Assembly Government.
“Educational Body” means any School, HFE Institution or Teachers Training Establishment.
“Educational Use” means use for the purposes of teaching, learning, research or study by a School, a Teachers Training Establishment or an HFE institution.
“Emergency Service” means any person, body or entity (other than the End User) involved in responding immediately to an Emergency Situation.
“Emergency Situation” means an unforeseen act or event (beyond the End User’s reasonable control) requiring the End User to respond urgently, including but not limited to any of the following: war; acts of god (including but not limited to fire, flood, earthquake, windstorm or other natural disaster); terrorist attacks; civil war; civil commotion; nuclear, chemical or biological contamination; interruption of utilities; and fire, explosion or accidental damage.
“Emergency Use” means use of Supplier Data by an Emergency Service to enable the Emergency Service to respond immediately to an Emergency Situation.
“End User Data” means any data provided to GBG by the End User for processing in accordance with the terms of the Agreement including where relevant any personal data.
“Excluded Bodies” means:
(a) Any body whose geographic remit is wholly or mainly in Northern Ireland;
(b) Save where Cabinet Office and the Supplier otherwise agree, any public or private limited company (including but not limited to whether limited by shares or guarantee);
(c) Any Private Registered Provider of Social Housing which shall have the meaning ascribed thereto in section 80 of the Housing and Regeneration Act 2008;
(d) Any registered social landlord within the meaning of Part 2 of the Housing (Scotland) Act 2010; and
(e) Any other body as may be agreed by the Supplier and Cabinet Office from time to time.
“Financial Gain” means any revenue or credit received which exceeds the End User’s incremental costs of supplying or making available to a recipient any copy of the Supplier Data. Financial Gain does not include any receipts from Statutory Charges.
“HFE Institution” means a higher or further education institution or research council, in each case located in Great Britain and eligible to receive support from an Educational Funding Authority.
“INSPIRE End User” means a person entering into a Public Sector End User Licence INSPIRE with the End User for the INSPIRE End User Purpose.
“INSPIRE End User Purpose” means the INSPIRE End User using the Supplier Data for personal, non-commercial use.
“INSPIRE Regulations” means the INSPIRE Regulations 2009/3157.
“INSPIRE Relevant Body End User” means an institution or body of the European Union which requires Supplier Data for the purpose of its public tasks that may have an impact on the environment.
“INSPIRE Relevant Body End User Purpose” means a specific project or activity required to deliver or support the delivery of the INSPIRE Relevant Body End User’s public tasks that may have an impact on the environment, and that has been specified in and which is permitted by the Public Sector End User Licence INSPIRE Relevant Body. This INSPIRE Relevant Body End User Purpose shall not permit the INSPIRE Relevant Body End User to sub-license, distribute, sell or otherwise make available the Supplier Data to third parties, save where expressly permitted in writing by the Supplier.
“Member” means a Public Body which has entered into a PSGA Member Licence with us that has not expired, nor has been terminated or suspended.
“One Scotland Licence” means a licence entered into pursuant to the One Scotland Mapping Agreement
“PBIB DC Licensed Data" means Supplier Data which is either:
(a) OS MasterMap Topography Layer; or
(b) an Address Dataset in which the PAF Data solely comprises of Cleansed Data
as set out in the Order Form.
“Permitted Purpose” means the purposes outlined by the Supplier for which the Dataset may be used as set out in clauses 2.1 to 2.12 below as applicable to the End User in addition to the Customer Use Case set out in the Agreement.
“PSGA Member Licence” means a member licence entered into between the Supplier and a Public Body pursuant to the Public Sector Geospatial Agreement.
“Public Body” means an End User who is either:
(a) A body which falls within the definition of ‘contracting authority’ in Regulation 2(1) of the Public Contracts Regulations 2015 or Regulation 2(1) of the Public Contracts (Scotland) Regulations 2015, excluding any Infrastructure Body; and/or
(b) A Council constituted pursuant to section 2 of the Local Government etc. (Scotland) Act 1994; and/or
(c) Any other entity as may be agreed by the Supplier and Cabinet Office from time to time as being a public body as published on the Website
in each case excluding the Excluded Bodies.
“Public Sector Innovation Licence” means the licence of the same name (the term of which shall not exceed the term of the End User's licence) available on the Website and applicable to these Additional Terms.
“Public Sector End User” means a person entering into a Public Sector End User Licence with the End User.
“Public Sector End User Licence” means the licence of the same name (the term of which shall not exceed the term of the End User’s licence) available on the Website and applicable to these Additional Terms.
“Public Sector End User Licence INSPIRE” means the licence of the same name (the term of which shall not exceed the term of the End User’s licence) available on the Website and applicable to these Additional Terms.
“Public Sector End User Licence INSPIRE Relevant Body” means the bespoke licence of the same name (the term of which shall not exceed the term of the End User’s licence) available, where appropriate on a case by case basis, on request from the Supplier.
“Public Sector Use” means use of the Supplier Data by a Public Body to support delivery of or to deliver the End User’s Core Business.
“Royal Mail Data” means data or IPR owned by Royal Mail Group Limited or Royal Mail Group plc (or which Royal Mail Group Limited or Royal Mail Group plc licenses from a third party), which are incorporated in any of the Supplier Data.
“Royal Mail PAF Terms” means the Royal Mail PAF Solutions terms and conditions issued by Royal Mail (which is available to review via https://www.poweredbypaf.com/wp-content/uploads/2020/09/PAF_Data_Solutions_Provider_Licence_24_December_2014_from_October_2020-2.pdf)
“School” means a state, public or independent school in Great Britain which is properly authorised as a School by the Department for Education or the Scottish Government Education Department (or their successors) and has a unique DCSF Reference Number (or its Department for Education equivalent) or Scottish SEED number, and excludes European schools.
“Statutory Charge” means charges which an End User is expressly permitted to charge pursuant to a formal written enactment of a legislative authority that governs the United Kingdom of Great Britain and Northern Ireland, Scotland, Wales, and/or Northern Ireland to which an End User is subject.
“Teachers Training Establishment” means an institution in Great Britain accredited as a provider of teacher training courses by the Training and Development Agency for Schools or by the Higher Education Funding Council for Wales, or their successors.
“Website” means the following website hosted by the Supplier (https://www.ordnancesurvey.co.uk/business-and-government/help-and-support/public- sector/guidance/licences.html)
1.2. For the avoidance of doubt, references to Supplier Data in clause 2 shall include data created using Supplier Data, to the extent that the data created incorporates IPR owned by the Supplier or delegated to the Supplier by the Keeper of Public Records, provided that this clause is subject to clause 1.3.
1.3. Where clauses 2.8, 2.10 and 2.12 refer to Supplier Data, such reference is limited to data created using Supplier Data to the extent that the data created incorporates IPR owned by the Supplier or delegated to the Supplier by the Keeper of Public Records.

2. USE OF THIS DATASET
2.1. Royal Mail. The Supplier Data contains IPR owned, in part, by Royal Mail. Accordingly, the Supplier Data is subject to the additional specific terms set out in the Royal Mail PAF Terms.
2.2. Where there is any conflict between the terms of the Royal Mail PAF Terms and these Additional Terms, the Royal Mail PAF Terms shall take precedence.
2.3. Competing Activities and Commercial Activities. Nothing in these Additional Terms permits the End User or any person to use the Supplier Data for any Commercial Activities or Competing Activities.
(a) Where reasonably considered that the End User’s proposed or current use of the Supplier Data is or is likely to be a Competing Activity or Commercial Activity, we may take such steps as we reasonably consider are necessary in relation to the Competing Activity or Commercial Activity. Such steps may include the action set out in clause 2.6(b) below and/or suspending the licence granted to the End User to the minimum extent necessary to prevent the Competing Activity or Commercial Activity. Where there is any dispute as to the existence of a Competing Activity, the decision of the Supplier’s Chief Executive as to the existence of a Competing Activity shall be final and conclusive.
(b) Where the End User’s use of Supplier Data is or is likely to constitute a Competing Activity or a Commercial Activity, the End User shall either:
i. enter into a separate appropriate licence or sub-licence; or
ii. amend its planned or current use of the relevant Supplier Data so as to resolve the problem identified to the Supplier’s reasonable satisfaction.
(c) The End User shall indemnify GBG and the Supplier against all liabilities, damages, penalties, costs, expenses or other loss suffered or incurred by the Supplier or GBG in relation to any breach or alleged breach by the Supplier or GBG, of competition law to the extent such loss results from the End User’s breach of this clause 2.4. Nothing in the End User’s licence shall limit or exclude the End User’s liability in respect of this indemnity.
2.4. Public Sector Use. Public Sector Use does not entitle an End User to make available or to provide Supplier Data to third parties, save as follows:
(a) in accordance with the Public Sector Data Sharing provisions in clause 2.5;
(b) in accordance with the End User Licensing provisions in clause 2.6;
(c) in accordance with the INSPIRE End User Licensing provisions in clause 2.7;
(d) in accordance with the Emergency Situations Licensing provisions in clause 2.8;
(e) in accordance with the INSPIRE Relevant Body End User Licensing provisions in clause 2.10;
(f) where an End User makes Supplier Data (specifically excluding Points of Interest Data) available for public viewing (whether by way of the internet or otherwise), in either hard copy form and/or as a raster file, or as a copy protected vector file, where such display forms part of an End User’s Core Business and the End User complies with the obligations in clause 2.11; and
(g) in accordance with the Innovation End User Licensing provisions in clause 2.12.
2.5. Public Sector Data Sharing. Public Sector Data Sharing is the supply to any third party (including but not limited to Infrastructure Bodies and Public Bodies) and receipt from Infrastructure Bodies, Educational Bodies and (solely to the extent the Supplier Data concerned is PBIB DC Licensed Data) other non-Public Body third parties of copies of any Supplier Data and is subject to the following conditions:
(a) Sharing Party means the third party to whom Supplier Data is supplied or the Infrastructure Body, Educational Body or non-Public Body third party from whom Supplier Data is received pursuant to this clause 2.5;
(b) both the End User and the Sharing Party must be licensed for Business Use, Public Sector Use or Educational Use for the same area of coverage of the same Supplier Data being supplied and/or received;
(c) save where the Sharing Party is a Member (and, prior to 1 July 2020, in relation to Members who were previously licensed under the One Scotland Licence, is licensed under its One Scotland Licence for the same area of coverage of the same Supplier Data being supplied), the End User shall obtain written confirmation from the third party to whom the End User is supplying Supplier Data that the third party is licensed for Business Use, Public Sector Use or Educational Use for the same area of coverage of the same Supplier Data being supplied;
(d) the use of the Supplier Data received by the End User from an Infrastructure Body, Educational Body or non-Public Body third party shall be governed by the terms of the End User’s licence;
(e) the supply by the End User and the Sharing Party are licensed for the relevant Supplier Data under the End User’s licence and a PSGA Member Licence, the End User shall maintain a written record of:
i. the names and addresses of Sharing Parties from whom it has received or to whom it has supplied Supplier Data;
ii. the Supplier Data which was received by it from and/or supplied by it to the Sharing Parties; and
iii. when the Supplier Data was received by it from and/or supplied by it to the Sharing Parties,
and the End User shall retain the written record until it ceases to use the Supplier Data. Upon our written request the End User shall provide a copy of that written record to GBG; and
(f) the Supplier shall have no liability to the End User or the Sharing Party in respect of the Supplier Data received from and/or supplied to a Sharing Party.
2.6. End User Licensing. The End User may supply copies of Supplier Data (specifically excluding Points of Interest Data) to Public Sector End Users solely to enable such Public Sector End Users to use the data to respond to, or interact with the End User to deliver or support the delivery of the End User’s Core Business and in accordance with the following conditions:
(a) Subject to clause 2.6(f), where the End User supplies copies of Supplier Data under this clause 2.6, it shall do so on the terms of the Public Sector End User Licence.
(b) The Public Sector End User Licence shall be click accepted by a Public Sector End User prior to accessing the Supplier Data.
(c) In making Supplier Data available under this clause 2.6, the End User shall comply with the watermarking obligation in clause 2.9(b)ii and shall ensure the Supplier Data includes the End User’s licence number pre- fixed or suffixed with the letters “EUL”
(d) In the event of any infringement or breach of the Supplier’s IPR by any party which is reasonably believed may have accessed the Supplier’s IPR from the End User’s provision of the Supplier Data, the End User will, on request, use its best endeavours to assist with investigating, pursuing and/or remedying any such infringement or breach, including, in particular, identifying relevant Internet Protocol addresses, details of what Supplier Data has been supplied, dates of supply, identity of the Public Sector End User, whether a Public Sector End User Licence has been click accepted or deemed accepted, and terminating any relevant Public Sector End User Licence where requested by GBG or the Supplier.
(e) The End User must agree:
i. only to make available Supplier Data under this clause 2.6 where there is a specific requirement to do so, and where that requirement cannot be reasonably met by an alternative, such as public data viewing under clause 2.4(f) or through alternative data (such as OS OpenData). For the avoidance of doubt, where the End User wishes to make data available solely to comply with the transparency agenda, such compliance is not of itself considered to be a specific requirement;
ii. that any Supplier Data made available under this clause 2.6 shall not be of a larger scale or area and shall not contain a larger number of features than is reasonable for it to fulfil its function;
iii. to monitor its End User Licensing activities and to report the same to upon request, and in accordance with any guidelines issued from time to time;
iv. to use reasonable endeavours to terminate all Public Sector End User Licences with effect from the date of expiry or termination of the End User’s licence.
(f) Where the End User is supplying hard copies of Supplier Data to Public Sector End Users solely for the purpose set out in clause 2.6, clause 2.6(a) and 2.6(b) shall not apply and, instead, the End User shall ensure that the following licence condition is set out in legible font and in a conspicuous position on the hard copy:
“You are permitted to use this data solely to enable you to respond to, or interact with, the organisation which has provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form.”
(g) Prior to providing Supplier Data to a Public Sector End User, an End User shall:
i. ensure that the number of terminals licensed under its End User licence is sufficient to account for the End User’s own licensed use and the additional number of terminals required by its Public Sector End Users; or
ii. extend the number of terminals licensed under the End User licence to ensure compliance with 2.9(g)i above.
2.7. INSPIRE End User Licensing. Where the End User is required to make available Supplier Data in order to comply with its obligations under the INSPIRE Regulations, it may supply copies of Supplier Data (specifically excluding Points of Interest Data) to INSPIRE End Users for the INSPIRE End User Purpose in accordance with the following conditions and on the terms of the Public Sector End User Licence INSPIRE:
(a) Save where the Supplier Data is made available by way of an API, the Public Sector End User Licence - INSPIRE shall either be click accepted by an INSPIRE End User prior to accessing the Supplier Data, or deemed to have been accepted by an INSPIRE End User. Where not made available via click acceptance the End User shall ensure that the Public Sector End User Licence INSPIRE terms are clearly drawn to the INSPIRE End User’s attention prior to being given access to the Supplier Data, by means of a link to the Public Sector End User Licence - INSPIRE together with a statement in legible font in a conspicuous position that by using or accessing the Supplier Data the INSPIRE End User is deemed to have accepted the Public Sector End User Licence INSPIRE. In addition, the End User will ensure that a link to the Public Sector End User Licence INSPIRE is contained in the metadata, and that the metadata is made available with the Supplier Data.
(b) Save where the Supplier Data is made available (i) by way of an API, and/or (ii) in vector format, the End User will:
i. include a background watermark to identify the source of the Supplier Data at scales of 1:10 000 or larger. The watermark must appear at least once and cover at least 10% of the map image reproduced; and
ii. ensure that the Supplier Data includes:
a. the acknowledgement(s) required by clause 2.10(b); and
b. the End User’s licence number pre-fixed or suffixed with the letters “EUL”.
(c) Where the Supplier Data is made available in vector format, other than via APIs, the End User shall ensure that copy protection measures are used.
(d) As stated in clause 1.3 above, in this clause 2.7, references to Supplier Data are limited to data created by the End User using Supplier Data and, for the avoidance of doubt, Supplier Data which has not been so created may not be supplied under this clause 2.7 as background or otherwise.
(e) Where the Supplier under this clause 2.7, makes the Supplier Data available within an API:
i. the url containing the Public Sector End User Licence INSPIRE must be included within the API metadata, and must also be returned by GetCapabilities; and
ii. where practicable, the End User shall ensure that the Public Sector End User Licence INSPIRE terms are clearly drawn to the end user’s attention prior to or at the same time as being given access to the Supplier Data, by means of a link to the Public Sector End User Licence INSPIRE together with a statement in legible font in a conspicuous position that by using or accessing the Supplier Data the end user is deemed to have accepted the Public Sector End User Licence NSPIRE.
(f) The End User’s obligations to maintain records of those instances where Supplier Data is provided to a third party shall, in the case of any supplies made pursuant to this clause 2.7, not require the End User to capture and collect the names and contact details of INSPIRE End Users.
(g) Clauses 2.6(d) and 2.6(e) above shall apply to any supply under this clause 2.8, with any necessary changes.
2.8. Emergency Situations Licensing. In Emergency Situations, the End User may provide Supplier Data (specifically excluding Points of Interest Data) to Emergency Services who are not licensed to use the same, to the extent required for, and for the purposes only of, Emergency Use subject to the following conditions:
(a) Where the End User has provided Supplier Data to Emergency Services for Emergency Use, the End User shall within 60 days of such provision, provide GBG with:
i. a description of the precise Supplier Data that has been provided (including area of coverage);
ii. the format in which it was provided;
iii. the full correct name, address and contact details of the recipient Emergency Service;
iv. the date on which the Supplier Data was provided to the recipient Emergency Service; and
v. a description of the particular Emergency Situation and the particular purpose for which the Emergency Use was required.
(b) In the event that the recipient Emergency Service does not agree to license, return or destroy the data provided to it by the End User for Emergency Use, the End User agrees to use its reasonable endeavours to assist us in procuring that the Emergency Service concerned either destroys the data or returns it to the End User.
2.9. INSPIRE Relevant Body End User Licensing. INSPIRE Relevant Body End User Licensing is the supply by the End User, in accordance with its obligations under the INSPIRE Regulations 2009, of copies of Supplier Data to an INSPIRE Relevant Body End User which has entered into and adheres to the terms of a Public Sector End User Licence INSPIRE Relevant Body for the INSPIRE Relevant Body End User Purpose.
(a) In making Supplier Data available under this clause 2.9, the End User shall comply with the watermarking obligation in clause 2.10(b)
(b) As stated in paragraph 1.3 above, in this clause 2.9, references to Supplier Data are limited to data created by the End User using Supplier Data and, for the avoidance of doubt, Supplier Data which has not been so created may not be licensed under a Public Sector End User Licence INSPIRE Relevant Body as “background” or otherwise;
(c) The End User will ensure that all Public Sector End User Licences INSPIRE Relevant Body are terminated with effect from the date of expiry or termination of its own licence.
2.10. Additional Obligations. The End User shall ensure that:
(a) for the avoidance of doubt, copyright, database right and trade-mark acknowledgements are included on the Supplier Data and on any copies the End User or any Public Sector End User or INSPIRE End User produces;
(b) where the End User makes Supplier Data publicly available in accordance with clause 2.4(e) above:
i. in relation to Supplier Data made available as a raster file or a copy protected vector file only, the End User shall ensure that the phrase “Use of this data is subject to terms and conditions” is set out (in legible font and in a conspicuous position) on the electronic copy of each mapping image presented on screen, and such phrase provides a clear hyperlink to a copy of the conditions set out in paragraphs a. to c. below:
a. “You are granted a non-exclusive, royalty free, revocable licence solely to view the Supplier Data for non-commercial purposes for the period during which [insert name of End User] makes it available;
b. you are not permitted to copy, sub-license, distribute, sell or otherwise make available the Supplier Data to third parties in any form; and
c. third party rights to enforce the terms of this licence shall be reserved to Ordnance Survey”;
ii. where the End User makes Supplier Data available by way of an API (save where using our own APIs, which is covered by iii) below), to the extent that the Supplier Data comprises 1:10 000 Scale Raster Data, OS VectorMap Local, OS MasterMap Highways, OS MasterMap Topography Layer, Land-Line Data or Legacy Roads Data (as provided by the Supplier) please see the guidance at http://www.os.uk/business-and-government/public- sector/mapping-agreements/wms-and-wfs-guidance.html as to whether or not a background watermark to identify the source of the Supplier Data must be included. Where a watermark is required, it must appear at least once and cover at least 10% of the map image reproduced. For the avoidance of doubt, no watermarking is required where the End User makes Supplier Data available via electronic documents (e.g. a pdf), static internet image (i.e. a “read only” raster format image which cannot be edited, manipulated, interrogated, geo-referenced or customised in any way or used within any geographical information system or comparable database or software system) or hard copy;
iii. where the End User makes Supplier Data available via the Supplier’s own APIs, the End User must ensure that the OS API keys and urls which could be used by a third party as an alternative means of direct access to the service are obscured from the client view, so as not to enable such unauthorised access;
iv. in relation to Supplier Data made available in hard copy form for members of the public to take away, the End User shall ensure that the following licence condition is set out in legible font and in a conspicuous position on the hard copy:
“You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form”; and
v. for the avoidance of doubt, in relation to Supplier Data made available in hard copy form for members of the public to view, but not to take away, the obligation set out in clause 2.10(b)iv above shall not apply; and
(c) where the End User makes Supplier Data available, either under this clause 2.10 by way of an API, the End User will comply with the guidance set out at http://www.os.uk/business-and-government/public-sector/mapping-agreements/wms-and-wfs- guidance.html and such other guidance as is notified to the End User or made available on the Website from time to time.
2.11. Innovation End User Licensing. The End User is permitted to license Supplier Data to third parties, provided that:
(a) where the End User makes available Supplier Data under this clause 2.11, it shall do so on the terms of the Public Sector Innovation Licence;
(b) prior to making available Supplier Data to any third party under the Public Sector Innovation Licence, the End User will obtain (and retain records of) the names, addresses and email addresses of such third parties, together with the date of supply and details of the relevant Supplier Data;
(c) in making Supplier Data available under this clause 2.11, the End User shall comply with the acknowledgement and watermarking obligations in clause 2.10(b);
(d) any Supplier Data made available under this clause 2.11 shall not be of a larger scale or area and shall not contain a larger number of features than is reasonable for it to fulfil its function;
(e) the End User will monitor its Innovation End User Licensing activities and report the same, in accordance with reasonable guidelines issued by the Supplier from time to time; and
(f) to the extent that any Supplier Data includes Royal Mail Data, the terms of the Royal Mail PAF Terms will apply.
(g) As stated in paragraph 1.3 above, in this clause 2.11, references to Supplier Data are limited to data created by the End User using Supplier Data and, for the avoidance of doubt, Supplier Data which has not been so created may not be licensed under a Public Sector Innovation Licence, as “background” or otherwise.
2.12. Public Libraries. Notwithstanding any other provision of these Additional Terms, a public library which is licensed as a Public Body under an End User’s licence shall be entitled to act in accordance with the guidance (as may be amended us from time to time) contained at the url (https://www.ordnancesurvey.co.uk/documents/licensing/copy-maps- public-libraries.pdf)
2.13. The End User warrants that it will not use the Dataset for any reason outside of the Customer Use Case and Permitted Purpose.

3. INTELLECTUAL PROPERTY RIGHTS
3.1. Save as otherwise agreed in writing, the End User shall assign the Intellectual Property Rights in its Customer Created Analytics Data and/or, where applicable to the Agreement, Cleansed Data to the Supplier to the extent they were created using Supplier Data and, in turn, the Supplier grants the End User the right to a royalty free licence to use such data for their Permitted Purpose and to retain it in perpetuity solely for their Permitted Purpose.
3.2. The End User shall not, without written consent, use the name of the Supplier Data in the name of any of its solutions or products.

4. LIABILITY
4.1. The Supplier shall have no liability to the End User in respect of the Supplier Data, or these terms.
4.2. The Supplier has the right to directly enforce these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.