1. These terms and conditions apply to any user of myFoundry (“User”) and any material available for download from myFoundry by a User (“Materials”). By using myFoundry or downloading Materials from myFoundry, you are deemed to have agreed to these terms and conditions.
2. All Intellectual Property Rights in myFoundry and the Materials (and the data within the Materials) are the property of Smart Data Foundry Limited incorporated in Scotland with Company Number SC7009914 (“SDF”) or its licensors. Intellectual Property Rights mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. The User shall have no Intellectual Property Rights in or to myFoundry or the Materials (and the data within the Materials).
3. Subject always to these terms and conditions, SDF permits Users to:
3.1. access, view and use the Materials for their own personal or internal business use; and/or
3.2. store the Materials on a computer system for their own personal or internal business use.
4. The User shall not:
4.1. use the Materials (wholly or in part) in its products or services; or
4.2. redistribute the Materials (wholly or in part).
5. The User must not permit a third party to access or use the Data unless it has obtained SDF’s prior written consent to such use.
6. The User shall:
6.1. only make copies of the Materials to the extent reasonably necessary for the following purposes: back-up;
6.2. not use the Materials for any purpose contrary to any law or regulation or any regulatory code, guidance or request;
6.3. not extract, reutilise, use, exploit, distribute, disseminate, copy or store the Materials for any purpose not expressly permitted by these terms and conditions;
6.4. not copy, modify, decompile, reverse engineer or create derivative works from the Materials;
6.5. not use or access the Materials in breach of applicable law or regulations; and
6.6. not do anything with the Materials which may damage the reputation of SDF.
7. The User acknowledges and understands that any attribution of data within the Materials to actual, named entities is fictitious, illustrative and done solely for the purpose of providing context to the data. It is not intended to indicate a connection with, or endorsement by, such named entities.
8. The User acknowledges that the data contained within the Materials does not constitute Personal Data.
9. If any unauthorised use is made of the Materials and such use is attributable to the act or default of, or through, the User then, without prejudice to SDF’s other rights and remedies, the User shall immediately be liable to pay SDF an amount equal to the charges that SDF would have charged, had SDF authorised that use at the beginning of the period of that unauthorised use together with interest at 5% above the base lending rate of Barclays Bank calculated on a daily basis from the date of that unauthorised use to the date of payment.
10. The User shall ensure that any permitted display of the Materials or permitted outputs created by the User when using the Materials shall prominently credit SDF.
11. The Materials are provided to the User on an “as is” basis. All warranties, conditions and terms, whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
12. Without limiting the effect of Clause 1.11, SDF does not warrant that:
12.1. the supply of the Materials will be free from interruption;
12.2. the Materials (or the data within the Materials) are accurate, complete, reliable, secure, useful, fit for purpose or timely; or
12.3. the Materials (or the data within the Materials) have been tested for use by the User or that the same will be suitable for or be capable of being used by the User.
13. These terms and conditions shall be governed by and construed in accordance with Scots Law and shall be subject to the exclusive jurisdiction of the courts of Scotland.