End User Terms for using Royal Mail datasets within the Licensed Materials

1. Definitions

Bureau Customer shall mean a customer for a Bureau Service.

Bureau Services shall mean a service comprising the Data Cleansing of a Customer Database and the supply of the resulting Cleansed Customer Database back to the relevant customer.

Customer Database shall mean a database of an End User’s customer.

Data Cleansing shall mean the processing of existing data records using Royal Mail Data:

including validating, reformatting, correcting or appending additional data to those records, and including the use of Royal Mail Data within address capture applications, but not including Data Extraction (whether carried out by an address capture application or otherwise),

and Cleansed shall be read accordingly.

Data Extraction shall mean the extraction of Royal Mail Data or any part of it for the generation of new address records in a new or existing database.

End User shall mean the same as Customer in the main body of this Agreement.

Extracted Data shall mean data generated as a result of Data Extraction.

Licensee shall mean the same as Customer in the main body of this Agreement.

Royal Mail Data shall mean any or all of the following Royal Mail databases: PAF, Multiple Residence, Not Yet Built and Alias.

Solution shall mean a product or service or other solution which benefits from or includes Royal Mail Data, in whatever form, however produced or distributed and whether or not including other functionality, services, software or data.

Substantially All Databases shall mean a database which on its own or as part of another database comprises all or substantially all the addresses in the United Kingdom or any of England, Wales, Scotland or Northern Ireland.

User shall mean an individual authorised by an End User to use a Solution.

2. End Users’ Permitted Use of Solutions

2.1. End Users may freely use Royal Mail Data in Solutions in accordance with these End User Terms.

3. Conditions of Use

3.1. End Users must not make copies of Royal Mail Data except as permitted by these End User Terms or reasonably necessary for back-up, security, business continuity and system testing purposes.

3.2. End Users may use Royal Mail Data for Data Extraction but Extracted Data:

3.2.1. may only be accessed by Users, and 19.2.2. must not be supplied or any access to it provided to any third party.

3.3. End Users may provide Cleansed data to third parties provided that:

3.3.1. where that supply is a Bureau Service, the End User and the Bureau Customers comply with the restrictions listed under Bureau Services, and 19.3.2. if such databases are Substantially All Databases:

19.3.2.1. such databases are not represented or held out as a master, original or comprehensive address database or other similar description, 19.3.2.2. the access is provided in the course of the End User’s normal data supply or routine business activities and is not carried on as a business in its own right, and 19.3.2.3. the provision includes a prominent notice that the relevant Cleansed data has been cleansed against Royal Mail Data.

3.4. End Users must not permit access to, display or communicate to the public any Solutions, except for the purposes of capturing or confirming address details of third parties.

3.5. Except as set out in these End User Terms, End Users must not:

3.5.1. transfer, assign, sell or license Solutions or their use to any other person, 19.5.2. use Solutions to create a product or service distributed or sold to any third party which relies on any use of Royal Mail Data, including copying, looking up or enquiring, publishing, searching, analysing, modifying and reformatting, or 19.5.3. copy, reproduce, extract, reutilise or publish Solutions or any of them.

4. Subcontracting

4.1. End Users may provide Royal Mail Data to their subcontractors who may use it to the extent necessary for:

4.1.1. the provision of information technology services to the End User, or 20.1.2. acting on behalf of the End User

4.2. in each case for the End User’s own business purposes and not those of the sub-contractor and provided that each such subcontractor agrees to observe the restrictions on use of Royal Mail Data contained in these End User Terms and that the End User is responsible for any breaches of those terms by such subcontractor.

5. Personal Rights

5.1. End User rights are personal, limited and non-transferable.

6. Royal Mail’s IPR notice

6.1. The End User acknowledges that Royal Mail is the owner of the intellectual property rights in Royal Mail Data and its brands and it does not acquire and is not granted any rights to use those intellectual property rights other than as set out in these End User Terms.

7. Cessation of Use of Royal Mail Data

7.1. End Users must cease use of Royal Mail Data if their right to use Royal Mail Data is terminated and also destroy any copies of Royal Mail Data they hold.

8. Royal Mail Data use by Users

8.1. End Users must ensure that:

8.1.1. these End User Terms bind their Users, 24.1.2. only their Users exercise the use rights of Solutions and Royal Mail Data granted to End Users further to these End User Terms, and 24.1.3. in the event of termination or expiry of End Users’ rights to use Solutions and Royal Mail Data, the rights of Users to use them also terminate.

9. Bureau Services

9.1. End Users performing Bureau Services are subject to the terms and restrictions set out below and must ensure that they are observed by Bureau Customers.

9.2. End Users must not supply or provide access to a Cleansed Customer Database to any person other than the relevant Bureau Customer.

9.3. End Users may only supply or provide access to Cleansed Customer Databases to Bureau Customers if there is a prominent notice included with the cleansed data stating that the data has been cleansed against Royal Mail’s PAF® and Multiple Residence databases.

9.4. The End User and a Bureau Customer may use the following statement on its publicity and marketing material: “[Name] processes databases against Royal Mail’s PAF, Multiple Residence, Not Yet Built and Alias databases” provided that such use is reasonable.

9.5. The names of Bureau Customers must be provided to Royal Mail on its request.

9.6. Licence fees are payable in respect of each End User providing Bureau Services and will be calculated by Allies