CADENCE – FREE PLATFORM TERMS

THESE ARE THE PLATFORM TERMS FOR THE PLATFORM (AS DEFINED IN CLAUSE 4.1(a) BELOW).

PLEASE READ THESE PLATFORM TERMS CAREFULLY.

BY ACCESSING THE PLATFORM, YOU AGREE TO THESE TERMS WHICH BIND YOU.

BY AGREEING TO THESE TERMS, YOU AGREE TO GIVE A LICENCE IN ACCORDANCE WITH CLAUSE .

YOU MAY TERMINATE YOUR AGREEMENT WITH US AT ANY TIME BY NOTIFYING US IN ACCORDANCE WITH CLAUSE .

  1. PLATFORM PROVIDER

Acceptance of these Platform Terms shall mean you are contracting with:

City Science Corporation Limited

incorporated and registered in England and Wales with company number 09801932 whose registered office is at Broadwalk House, Southernhay West, Exeter, Devon, England, EX1 1TS.

(us, we or our)

  1. USE OF THE PLATFORM
    1. By setting up a free user account on the Platform (Account) and using the Platform you agree and shall comply with the terms of our Acceptable Use Policy.
    2. You understand that by using the free version of the Platform via your Account, there may be very limited functionality and we may change the functionality available from time to time.
    3. You may be able to use the Platform as a mapping and geospatial tool to design, build and publish maps depending on the functionality available.
    4. If you want to learn more about the Platform or have any problems using the same please take a look at our knowledge base: https://cadence360kb.cityscience.com/ in the first instance. If your problem or query is not resolved by these resources, please contact us as set out in clause .
    5. The Platform has not been developed to meet individual requirements. Please check that the facilities and functions of the Platform meet your requirements.
    6. In order to access and sign up to the Platform you must use a web browser. We recommend using the latest version of Google Chrome, Microsoft Edge, Firefox, or Safari.
    7. Once you have registered for the Platform, you will be able to set up a username and a password. You must set up an acceptable username and password to access the Platform via your Account.
    8. You must not share your username and/or password for your Account with anyone.
    9. If you access the Platform on any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not your own the device.
  2. PLATFORM LICENCE
    1. Under these Platform Terms we grant you a licence (Platform Licence) to:
      1. Cadence computer software, the data supplied with the software, and the associated media accessible via your Account (Platform); and
      2. printed materials and online documentation (Documentation),
        for your personal use only.
    2. We license use of the Platform and Documentation to you as a mapping and geospatial tool with limited functionality as a free version for your own personal use on the basis of these Platform Terms. We do not sell the Platform or Documentation to you. We remain the owners of the Platform and Documentation at all times. Should you wish to make an enquiry about a paid subscription to the Platform, please contact us using the details at clause (How to contact us).
    3. In consideration of you agreeing to abide by the terms of these Platform Terms, we grant to you a licence to use the Platform and the Documentation on the terms of these Platform Terms until terminated in accordance with these Platform Terms. The Platform Licence granted under this clause shall be:
      1. Revocable, which means we can end your access and/or use of the Platform at any time without notice to you;
      2. Worldwide, which means that it is valid anywhere in the world;
      3. Non-exclusive, which means that we can licence the Platform and Documentation to others;
      4. Non-transferable, which means that you cannot transfer your licence to a third party; and
      5. Royalty-free.
    4. Your use of the Platform is subject to the restrictions and terms of these Platform Terms, including but not limited to the User Restrictions (set out at clause ) and conditional on your valid registration in accordance with our reasonable directions.
  3. USER RESTRICTIONS – HOW YOU MUST NOT USE THE PLATFORM
    1. Except as expressly set out in these Platform Terms or as permitted by any local law, you undertake that you shall not:
      1. provide access to or copies of the Platform in whole or in part to third parties either directly or by sharing or otherwise disclosing your username or password;
      2. copy the Platform or Documentation, except where such copying is incidental to normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
      3. exceed the indicated storage capability of the Platform (as notified to you from time to time);
      4. rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform or Documentation nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs and in no circumstance in competition with our operations;
      5. use the Platform within a software application, website or software which competes with our operations;
      6. use screen-recording technology to record and/or capture your use of the Platform.
      7. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform;
      8. provide, or otherwise make available, the Platform in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;
      9. not use the Platform to process or disclose personal data which has not been requested by us (“personal data” has the meaning given to it in the Data Protection Act 2018);
      10. to comply with all applicable technology control or export laws and regulations.
    2. The Platform must be used in an acceptable manner, as such you must not use the Platform:
      1. for any commercial, business or resale purpose;
      2. in any unlawful manner, for any deceitful purpose or any unlawful purpose, including terrorism or extremism or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform;
      3. to breach in any applicable local, national or international law or regulation;
      4. to cause (or attempt to) harm in any way;
      5. to create and/or share sexually explicit material or indecent images
      6. to bully, insult, intimidate or humiliate any person; and
      7. impersonate any person or misrepresent your identity or affiliation with any person;
    3. You must not:
      1. infringe our rights or the rights of any third party in relation to your use of the Platform or Documentation, including by the submission of any material (to the extent that such use is not licensed by these Platform Terms);
      2. permit any third party to infringe the Intellectual Property Rights or those of any third party in relation to their use of the Platform or Documentation, including by the submission of any material;
      3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;
      4. use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      5. collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers.
  4. YOU INDEFINITELY ALLOW US TO USE THE MATERIALS YOU UPLOAD
    1. The Platform may allow you to contribute, upload and / or input content, data or materials into the Platform strictly for the purpose of using the Platform functionality or you may otherwise supply such information to us in connection with the use of the Platform. Any such content, data or materials uploaded to the Platform are User Materials.
    2. In consideration for access to the Platform provided under these Platform Terms, you grant to us a worldwide, non-exclusive, royalty-free licence (User Licence) to use the User Materials for the purpose of Platform functionality and to improve, develop and populate (including making available such User Materials within) the Platform and Documentation, analysis and any other fair purpose we see fit. The User Licence granted under this clause shall be:
      1. Perpetual, which means that the licence continues indefinitely; and
      2. Irrevocable, which means that the licence cannot be revoked by you.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. Under these Platform Terms, Intellectual Property Rights means patents, rights to inventions, copyright, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
    2. You acknowledge that all Intellectual Property Rights in the Platform and the Documentation throughout the world belong to us, that rights in the Platform are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Platform or the Documentation other than the right to use the Platform and the Documentation in accordance with the terms of these Platform Terms.
    3. You acknowledge that you have no right to have access to the Platform in source code form other than as expressly provided in these Platform Terms.
  6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Platform Licence. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Platform Terms were made, both we and you knew it might happen.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
    3. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation.
    4. We are not liable for business losses. You are not permitted to use the Platform for any commercial, business or resale purpose, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    5. You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform as described in the Documentation meet your requirements.
  7. HOW YOU MAY END THESE PLATFORM TERMS
    You may terminate these Platform Terms immediately by written notice to us (in accordance with clause ).
  8. WE MAY END THESE PLATFORM TERMS IF YOU BREAK THESE TERMS
    We may terminate these Platform Terms immediately by written notice to you if you commit a material or persistent breach of these Platform Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
  9. THE CONSEQUENCES OF ENDING THESE PLATFORM TERMS
    1. Where either you or we terminate these Platform Terms for any reason:
      1. all rights granted to you under these Platform Terms shall cease;
      2. you must cease all activities authorised by these Platform Terms; and
      3. you must immediately delete or remove any information and software in connection with the Platform or Documentation from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Platform or Documentation then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
  10. HOW TO CONTACT US
    1. If you wish to get in touch, please contact us at https://cadence.cityscience.com/contact/ .
    2. If we have to contact you, we will do so by email or telephone, using the contact details you have provided when generating and managing you Account.
  11. YOUR PRIVACY
    1. You agree that we may collect and use technical information about the devices you access the Platform from and related software, hardware and peripherals to improve our service and Platform as more particularly detailed in our Cookie Policy.
    2. Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data, for what purposes, your rights in relation to your personal data and how to exercise them. This information is provided in our Cookie Policy and Privacy Policy and it is important that you read that information.
  12. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under these Platform Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You may only transfer your rights or your obligations under these Platform Terms to another person if we agree in writing.
    3. These Platform Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
    4. Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.
    5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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