Common use of CONTENT, USER CONTENT, AND DATA Clause in Contracts

CONTENT, USER CONTENT, AND DATA. 5.1 The Service Provider shall follow its standard archiving procedures for the User Content. In the event of any loss or damage to the User Content the Customer’s sole and exclusive remedy shall be for the Service Provider to use reasonable efforts to restore the lost or damaged User Content from the latest back-up of such User Content maintained by the Service Provider in accordance with its archiving procedure. Notwithstanding the foregoing, the Service Provider shall not be responsible for any loss, destruction, alteration or disclosure of User Content caused by any third party. 5.2 The Customer acknowledges that: 5.2.1 commercial use of the Content is not permitted, unless the Customer has written permission from the owner of the Content; 5.2.2 unauthorised copying of the Content is not permitted, unless the Customer has written permission from the owner of the Content; 5.2.3 it may copy, modify, and use the Content (excluding Third Party Content) either alone or in combination with User Content for non- profit, non-commercial, educational, or educational research purposes without obtaining written permission from the owner of the Content; 5.2.4 where the provision of Content is subject to third party consent, the Service Provider reserves the right to: (a) remove or restrict access to such Content at any time; and/or (b) require that the Customer returns to the Service Provider the Content or destroys any physical copies of the Content (as applicable), if the requisite third party consent is withdrawn; 5.2.5 the Service Provider’s prior written approval, which shall not be unreasonably withheld, must be obtained for the Customer to disclose any part of the Content or Documentation to third parties; and 5.2.6 any comments the Customer makes in relation to the Services, Content, Apps or Documentation must be accurate and not misleading. For the avoidance of doubt, Clause 5.2 shall not preclude the Customer from providing the Content to Users as part of the Service. 5.3 The Customer shall not represent or cause others to believe that the Content is the Customer’s original works, or that the Service Provider endorses or is affiliated with any entity, product or service. The Customer expressly agrees to display the Service Provider’s (and relevant licensors’, if any) copyright and proprietary notice(s) with all of the Content, or any portion(s) thereof, that the Customer uses. 5.4 If the Customer copies, modifies, and uses Content (excluding Third Party Content) either alone or in combination with User Content in accordance with clause 5.2.3, and in doing so creates Derivative Works in which Intellectual Property Rights subsist, then the Customer may only use such Derivative Works within the Service, or within any other service or application provided by the Service Provider from time-to-time.

CONTENT, USER CONTENT, AND DATA. 5.1 The Service Provider shall follow its standard archiving procedures for the User Content. In the event of any loss or damage to the User Content the Customer’s sole and exclusive remedy shall be for the Service Provider to use reasonable efforts to restore the lost or damaged User Content from the latest back-up of such User Content maintained by the Service Provider in accordance with its archiving procedure. Notwithstanding the foregoing, the Service Provider shall not be responsible for any loss, destruction, alteration or disclosure of User Content caused by any third party. 5.2 The Customer acknowledges that: 5.2.1 commercial use of the Content is not permitted, unless the Customer has written permission from the owner of the Content; 5.2.2 unauthorised copying of the Content is not permitted, unless the Customer has written permission from the owner of the Content; 5.2.3 it may copy, modify, and use the Content (excluding Third Party Content) either alone or in combination with User Content for non- non-profit, non-non- commercial, educational, or educational research purposes without obtaining written permission from the owner of the Content; 5.2.4 where the provision of Content is subject to third party consent, the Service Provider reserves the right to: (a) remove or restrict access to such Content at any time; and/or (b) require that the Customer returns to the Service Provider the Content or destroys any physical copies of the Content (as applicable), if the requisite third party consent is withdrawn; 5.2.5 the Service Provider’s prior written approval, which shall not be unreasonably withheld, must be obtained for the Customer to disclose any part of the Content or Documentation to third parties; and 5.2.6 any comments the Customer makes in relation to the Services, Content, Apps or Documentation must be accurate and not misleading. For the avoidance of doubt, Clause clause 5.2 shall not preclude the Customer from providing the Content to Users as part of the Service. 5.3 The Customer shall not represent or cause others to believe that the Content is the Customer’s original works, or that the Service Provider endorses or is affiliated with any entity, product or service. The Customer expressly agrees to display the Service Provider’s (and relevant licensors’, if any) copyright and proprietary notice(s) with all of the Content, or any portion(s) thereof, that the Customer uses. 5.4 If the Customer copies, modifies, and uses Content (excluding Third Party Content) either alone or in combination with User Content in accordance with clause 5.2.3, and in doing so creates Derivative Works in which Intellectual Property Rights subsist, then the Customer may only use such Derivative Works within the Service, or within any other service or application provided by the Service Provider from time-to-time.

CONTENT, USER CONTENT, AND DATA. 5.1 The Service Provider shall follow its standard archiving procedures for the User Content. In the event of any loss or damage to the User Content the Customer’s sole and exclusive remedy shall be for the Service Provider to use reasonable efforts to restore the lost or damaged User Content from the latest back-up of such User Content maintained by the Service Provider in accordance with its archiving procedure. Notwithstanding the foregoing, the Service Provider shall not be responsible for any loss, destruction, alteration or disclosure of User Content caused by any third party. 5.2 The Customer acknowledges that: 5.2.1 commercial use of the Content is not permitted, unless the Customer has written permission from the owner of the Content; 5.2.2 unauthorised copying of the Content is not permitted, unless the Customer has written permission from the owner of the Content; 5.2.3 it may copy, modify, and use the Content (excluding Third Party Content) either alone or in combination with User Content for non- non-profit, non-non- commercial, educational, or educational research purposes without obtaining written permission from the owner of the Content; 5.2.4 where the provision of Content is subject to third party consent, the Service Provider reserves the right to: (a) remove or restrict access to such Content at any time; and/or (b) require that the Customer returns to the Service Provider the Content or destroys any physical copies of the Content (as applicable), if the requisite third party consent is withdrawn; 5.2.5 the Service Provider’s prior written approval, which shall not be unreasonably withheld, must be obtained for the Customer to disclose any part of the Content or Documentation to third parties; and 5.2.6 any comments the Customer makes in relation to the Services, Content, Apps or Documentation must be accurate and not misleading. For the avoidance of doubt, Clause 5.2 shall not preclude the Customer from providing the Content to Users as part of the Service. 5.3 The Customer shall not represent or cause others to believe that the Content is the Customer’s original works, or that the Service Provider endorses or is affiliated with any entity, product or service. The Customer expressly agrees to display the Service Provider’s (and relevant licensors’, if any) copyright and proprietary notice(s) with all of the Content, or any portion(s) thereof, that the Customer uses. 5.4 If the Customer copies, modifies, and uses Content (excluding Third Party Content) either alone or in combination with User Content in accordance with clause 5.2.3, and in doing so creates Derivative Works in which Intellectual Property Rights subsist, then the Customer may only use such Derivative Works within the Service, or within any other service or application provided by the Service Provider from time-to-time.