GLOBAL ADDRESS (T) | ID NUMBER 200336 (for use in Storefinder Service)
• GBG hosts the Supplier Data
• No personal data is transferred to the Supplier
The Supplier Data used to provide this Dataset is supplied by GBG’s Supplier. 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:
“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.
“Intellectual Property Rights” means all inventions, patents, utility models, designs (both registered and unregistered and including rights relating to semi-conductor topographies), database rights, copyright and trade marks (both registered and unregistered), together all rights to the grant of and applications for the same and including all similar or analogous rights and all other rights in the nature of intellectual and industrial property throughout the world and all future rights of such nature.
2. USE OF THE DATASET
2.1. This Dataset may only be used for the Customer Use Cases detailed below, provided that such Customer Use Case is selected on the End User's Order Form, the End User complies with any use case restriction set out in the Agreement, and the End User agrees that it shall not use the Dataset for any other purpose:
• Data Quality
2.2. In addition to the Customer Use Case restrictions contained within clause 2.1 (including any conditions that apply to that Customer Use Case) the terms set out in clause 2.3 shall also apply.
2.3. The End User acknowledges that the Supplier Data includes data which the Supplier licenses from third parties which include restrictions and requirements which Supplier is required to impose upon GBG and which GBG is required to impose upon the End User. All applicable restrictions are set out at http://tomtom.com/en_gb/thirdpartyproductterms/. The terms of this webpage form a legally binding part of this Agreement. Such web link shall be updated quarterly by the Supplier and it shall be the End User’s responsibility to check, review and comply with any updated or amended terms that would apply to the Supplier Data.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. All intellectual Property Rights in the Supplier Data shall belong to the Supplier and its licensors.
3.2. Without limiting the foregoing, the End User acknowledges that the Supplier Data is the result of substantial investments and protected by database rights as meant in the European Union Database Directive 96/9/EC and the End User acknowledges that the Supplier Data may be protected by similar rights in other jurisdictions outside of the European Union and that, without limiting the foregoing, the Supplier shall have the right to enforce such rights as contractual rights arising under its agreement with GBG.
3.3. At the Supplier’s expense, the End User agrees to assist the Supplier with protecting the Intellectual Property Rights. The Supplier may commence or prosecute any claims or suits in their own name or join the End User as a party thereto at the Supplier’s expense. The End User shall not institute any suit or take any actions on account of any infringements or limitations without first obtaining written consent from the Supplier.
4. LIABILITY
4.1. Notwithstanding the provisions relating to liability in the General Terms, under the terms of its agreement with the Supplier, the Supplier requires an ability to be a direct and intended third party beneficiary of the Agreement between GBG and the End User’s use of the Supplier Data.
4.2. The Supplier shall not in any way be liable for any use, manufacturing, production, sales distribution, advertising and promotion by the End User of the Supplier Data to the extent that the issues are not caused by the Supplier Data and any materials provided by the Supplier.
5. TERMINATION AND SUSPENSION
5.1. Notwithstanding the termination provisions between GBG and the End User in the General Terms, under the terms of GBG’s agreement with its Supplier, the supply of Supplier Data can be terminated by the Supplier as follows:
a) On 3 months’ prior written notice where the licensor to the Supplier revokes the Supplier’s license to sub-license and resell the Supplier Data.
b) On 12 months’ prior written notice for any reason.
5.2. Upon receipt of any such notice of discontinuation in accordance with clause 5.1 above, GBG shall notify the End User who will be required to discontinue use of the Supplier Data upon the expiry of the current Agreement Term.
6. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
6.1. GBG does not transfer End User Data to the Supplier to provide this Dataset.