Use of the Data Clause Samples

Use of the Data. Prior to the transfer of Data, and according to the Project described in the Annex 3 of the present Agreement, a supply of data shall be carried out by User, as specified in the Request Form attached as Annex 4.‌

Use of the Data. 7.1. The MSRB grants permission to Subscriber: (i) to use the Data for Subscriber’s internal business purposes; (ii) to re-disseminate the Data to its customers, clients and system users; and (iii) to re-disseminate the Data in other products or services that Subscriber offers to its customers, clients and system users, provided, however, that all such permissions are subject to certain limitations described in this section and elsewhere in this Agreement. 7.2. The Data includes certain third-party proprietary data described more fully in paragraphs 8.1-8.4 of this Agreement. Use of this proprietary data is subject to specific limitations described in those paragraphs and elsewhere in this Agreement. Subscriber specifically acknowledges that no license or permission is granted by this Agreement for use of this proprietary data for any purpose other than as an integral part of the Data and that it may not be possible to use the Data for re-dissemination or to use the Data in other products without licenses or permissions from the owners of the third-party proprietary data. 7.3. Subscriber’s permission to re-disseminate the Data is explicitly limited to re- dissemination to Subscriber’s customers, clients and system users for their internal business use. No permission is granted for Subscriber to re-disseminate the Data to any party for the purpose of further re-dissemination. Subscriber agrees to inform its customers, clients and system users of this restriction and to take such steps as may be necessary to prevent its customers, clients and system users from re-disseminating the Data in violation of this paragraph as soon as Subscriber is informed that such re- dissemination is occurring. This paragraph does not prohibit Subscriber’s customers, clients and system users from communicating limited amounts of the Data by voice, in writing or electronically, provided such communication is not regular or systematic. 7.4. Subscriber agrees that if it re-disseminates the Data in its original form, in a re- formatted manner, or as part of another data product, Subscriber will make reasonable attempts to ensure that the Data will be accurately reproduced as of the time it is re- disseminated. Subscriber agrees that the Data will not be re-disseminated in a misleading manner. 7.5. Subscriber acknowledges the possibility of errors, omissions and failures in the delivery of data that may arise from a number of factors. Subscriber agrees that any use it makes of the Da...

Use of the Data. Any data shared by the Agreement will be used for the following purpose: <DESCRIBE WITH SPECIFICITY THE PROJECT/PROGRAM/STUDY/PURPOSE THE DATA IS BEING USED>. Additionally, the <INTENT/OUTCOMES/RESULTS> of this project are <LIST ALL INTENTS, OUTCOMES, RESULTS OF THIS PROJECT/PROGRAM/STUDY>.

Use of the Data. The Recipient hereby agrees: (i) to use the Data for the sole purpose of conducting the Study and for no other purpose; (ii) to use the Data in compliance with all applicable laws, rules and regulations; (iii) to maintain, store and treat the Data in the same manner, and with the same level of care (but in no event less than a reasonable level of care), as the Recipient would maintain, store and treat its own proprietary or confidential information to prevent its unauthorized transfer, disclosure or publication, as applicable; (iv) not to transfer or disclose the Data to any third party (other than through a Publication published in accordance with Section 5(c) of this Agreement); and (v) not to use the Data to attempt to determine, or determine, the identity of any of the Study research participants from which the Data were collected

Use of the Data. 3.1. The ABC agrees to provide the Data to the Data Receiver for the Permitted Purpose on the terms of this Agreement. 3.2. Clause 3.1 and the licence granted in clause 5.1 is subject to the Data Receiver: (a) providing a written request (the Application Form) to the ABC to access the data; (b) complying with the ethics clearances reasonably required by the ABC or SEAL; (c) paying of the agreed Fee, as set out in the Payment Schedule in Item 9 of the Contract Details or agreed by the Parties in writing; and (d) providing evidence, to the satisfaction of the ABC, that the Data Receiver has entered into any confidentiality agreement or other end user agreement as required by McMaster University for use of the SEAL platform. 3.3. If the Data Receiver wishes to use the Data for a purpose other than as described in the Application Form, the Data Receiver must re-submit the Application Form or otherwise obtain the ABC’s prior written consent. 3.4. The Data Receiver may publish findings and results from research with the Data, subject to the Mc Master University Non-disclosure and Facility Use Agreement, and provided that any such publications acknowledge the source of the Data as follows: (a) in text references: “Australia Talks National survey 2019, research conducted by the Australian Broadcasting Corporation in partnership with Vox Pop Labs”; and (b) in citations: “▇▇▇▇▇, ▇., ▇▇▇▇▇, ▇. & ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇. (2019). Australia Talks National Survey [data file and codebook]. Toronto: Vox Pop Labs Inc. [producer]. Ultimo, NSW: Australian Broadcasting Corporation [distributor].” 3.5. In accessing and using the Data, the Data Receiver agrees to comply with: (a) all applicable laws including, without limitation, any applicable Privacy Laws and not to do anything, which if done by the ABC would breach an Australian Privacy Principle as defined in that Act; (b) any ABC policies notified to the Data Receiver by the ABC; (c) any terms and conditions and confidentiality agreements applicable to the Data Receiver’s use of the SEAL platform.

Use of the Data. Client (and Authorized Users) shall use the College Board Data solely for the purpose of analyzing the student marketplace and Client’s institution’s position within such marketplace (“Permitted Use”). Client agrees not to copy, publish, release, use, lend, sell, rent or otherwise make available this information to any other institution, organization, or individual without the written consent of the College Board. It is understood that any inappropriate or secondary use of College Board Data is prohibited, and violations of this Schedule will lead to cancellation of future service and Client will be subject to legal action to the fullest extent of the law. This Schedule permits Client’s organization to use the College Board Data and reports provided, consistent with guidelines set forth in agreements between students, high schools, colleges and universities, and the College Board. Client shall adhere to generally accepted ethical standards for student recruitment. Additionally, Client agrees that it will not use the College Board Data to: (i) make or influence individual admissions decisions, and (ii) discriminate against potential applicants on the basis of race, color, creed, national origin, age, sex, and socioeconomic background. Nothing in this Schedule, however, shall prevent Client’s organization from using data and reports provided by Enrollment Planning Service in connection with a valid affirmative action program that takes such characteristics into account in furtherance of the permissible goal of attaining a diverse student body. Client shall ensure that each Authorized User reads and agrees to comply with the terms herein.

Use of the Data. 2.1 Client warrants that it will not use the Supplier Services for any reason outside of the Permitted Purpose.

Use of the Data. 1.1 For the purposes of this Licence ‘Use’ shall mean and include: (a) utilisation of the Data or any part thereof by copying transmitting or loading the same into the temporary memory (RAM) or installing into the permanent memory (e.g. hard disk CD ROM or other storage device) of the System for the processing of the System instructions or statements contained in such Data; (b) copying the Data which is in machine-readable form for Use by the Licensee on the System for the purposes only of back-up provided that no more than two (2) copies shall be in existence under this licence at any one time without prior written consent from the Licensor or as otherwise permitted by the applicable law; (c) merging the whole or any part of the Data in machine-readable form into a software program; (d) storing the whole or any part of the Data on the System or other storage unit or disk; 1.2 For the purposes of this Licence ‘concurrent use’ shall mean simultaneous use of the Data by the number of users of the Licensee specified above PROVIDED however that Data installed on a file server for the sole purpose of distribution to other workstations or computers is not being Used for the purposes of ascertaining the number of concurrent users. Additional concurrent users may only be added by entering into a separate licence agreement with the Licensor or by acquiring a separate, new Carrier.

Use of the Data. In so far as the Data is owned by the Club: the Club authorises, licences and appoints the Subsidiary to make Best Use of the Data in exploiting it commercially; and the Subsidiary undertakes to make Best Use of the Data. The parties acknowledge that Personal Data (the “Relevant Personal Data”) will be transferred between them in connection with the matters set out in this agreement and that this will happen during the term of this agreement (the “Term”). For the purposes of this clause, insofar as it receives Personal Data a party shall be the “Receiving Party” and the party transferring Personal Data shall be the “Transferring Party”. During the Term the parties shall co-operate to ensure that the transfer of the Relevant Personal Data from between them shall comply with Data Protection Legislation and in particular: the Receiving Party shall receive from the Transferring Party information sufficient (in the Receiving Party’s reasonable opinion) to allow it to know the basis on which Personal Data will be transferred to it, the purpose for which the Relevant Personal Data were collected and whether such data are capable of being transferred without the consent of the relevant Data Subject; Personal Data shall only be transferred between the parties where a lawful basis under the Data Protection Legislation has been identified to do so; the parties shall take all risk mitigation steps reasonably required in relation to the transfer of Personal Data; to the extent that the Subsidiary is a Controller in respect of the Data licensed to it by the Club, it shall comply with all obligations imposed on Controllers under the Data Protection Legislation; to the extent that the Subsidiary is a Processor in respect of the Personal Data licensed to it by the Club, it shall: comply with the Data Protection Legislation as if it was a Controller and shall not do anything which could result in the Club breaching the Data Protection Legislation; act only on the instructions of the Club which shall be the Controller in respect of any such Personal Data processed by the Subsidiary; process such Personal Data only to the extent, and in such manner, as is necessary in order to comply with its obligations under this agreement or any service agreement between the parties or as is required by law or by any regulatory body including but not limited to the Information Commissioner’s Office; ensure that it has in place appropriate technical and organisational security measures agai...