Oxford Languages Data Sample Terms and Conditions
These Oxford Languages Data Sample Terms and Conditions (“Data Sample Terms”) govern your access to and use of the Data Sample (as defined below).
- "We," "us," or "our" means Oxford University Press. "You" or "your" means the party seeking to use the Data Sample under the terms contemplated herein
- “Analyze” means to review and test the Data Sample, including DTT review, comparison with other samples, and determination of acceptability and fitness for your intended purposes, but in no event to include Commercial Use of the Data Sample.
- “Commercial Use” means (i) use of the Data Sample in a Product for commercial gain including, without limitation, obtaining payment for the Product directly or indirectly including via advertising revenue and (ii) sale or transfer of the Data Sample to a party other than you for any reason.
- “Oxford Languages Website” means our website containing the registration forms and these Data Sample Terms.
- “Oxford Languages Website Legal Notice” means the website terms and conditions titled “Legal Notice” on the Oxford Languages Website.
- “Definition” means the lexical content contained in any Content, including but not limited to any translation, definition, pronunciation information and spelling information.
2. Accepting these terms
By checking the box indicating that you agree to the Data Sample Terms, or by accessing or using the Data Sample:
- you agree to be bound by these Data Sample Terms and any other agreements referred to below;
- you represent and warrant that you have capacity to agree to the Data Sample Terms; and
- you represent and warrant that where these Data Sample Terms is being entered into by a company or other legal entity, the person agreeing to these Data Sample Terms on behalf of that legal entity has full authority and power to do so.
3. Grant of rights
We grant you a limited, non-exclusive, non-transferable, revocable licence to access, download, use, and copy for internal use the Data Sample solely in order to Analyze the Data Sample.
4. Restrictions and Requirements
We ask for a description of your intended use of the Data Sample in the registration process but do not grant access to the Data Sample based on this information. However, you are not permitted to use the Data Sample in any manner which:
- infringes the intellectual property rights or other proprietary rights of any other person;
- damages the Data Sample or impairs anyone else’s use of it;
- is used to knowingly transmit any data or material that contains or introduces viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- promotes or contains sexually explicit materials, libellous or defamatory materials;
- promotes violence or contains violent materials;
- contains any material which is threatening, defamatory, obscene, offensive, hateful or inflammatory; or
- is any way unlawful or fraudulent.
You may not use any of our trade marks, name and or branding without our express, prior written consent.
You will be granted access to the Data Sample only after you complete the registration requirements on the Oxford Languages Website.
- The parties may use one another’s proprietary information and confidential information disclosed in connection with these Data Sample Terms solely as necessary for the purposes stated in these Data Sample Terms. The parties will treat one another’s confidential information with the same degree of care that each treats its own sensitive, confidential information and neither party may, without the other party’s written consent, disclose the other party’s confidential information to any third party except to the receiving party’s legal or tax advisors and except as may be required by order of a court, arbitration panel or similar body or entity. This clause will survive the expiry or termination of these Data Sample Terms and will continue indefinitely.
- No announcement or circular or other publicity in connection with the existence or subject matter of these Data Sample Terms shall be made by or on behalf of either party without the approval of the other as to the content, form and manner of publication of such publicity (such approval not to be unreasonably withheld or delayed).
7. Intellectual Property Rights
- The Data Sample and all related documentation are proprietary to us or our licensors. You acknowledge that any disclosure pursuant to these Data Sample Terms shall not confer on you any intellectual property or other rights in relation to the Data Sample.
- In the event that you are notified by a third party that that party claims rights in the Data Sample or that use of the Data Sample infringes any right of that third party, you agree to immediately notify us and immediately cease use of the Data Sample.
8. Technical Assistance/Warranty
- If you have any technical issues or queries regarding the Data Sample you should, in the first instance, contact us via the Oxford Languages Website.
- The Data Sample is provided "as is". We, our affiliates and our licensors make no representation or warranties of any kind, whether express, implied, statutory or otherwise regarding the Data Sample including any warranty that your use of the Data Sample will be uninterrupted, error free or free from harmful components. For the avoidance of doubt, we, our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement (including those of intellectual property) or quiet enjoyment and any warranties arising out of any course of dealing, trade or usage except to the extent prohibited by law.
- You acknowledge that we may change the content available and the scope and functionality of the Data Sample at any time.
9. Limitation of Liability
- Except for death or personal injury caused by our negligence or for fraud, we, our affiliates and/or licensors will not be liable to you or to any other party in contract, tort or otherwise for any direct, indirect, consequential, special or exemplary damages or losses (including damages for loss of profits, goodwill, loss of opportunity, loss of use or loss of data) arising out of these Data Sample Terms or your use of the Data Sample even if we have been advised of the possibility of such damages and/or losses.
- You shall defend, indemnify and hold us harmless from and against any liabilities, costs or expenses, including reasonable attorneys' fees and costs we incur directly as a result of any third party claim, demand, litigation or proceeding arising out of your activities under these Data Sample Terms.
You are encouraged, but are not obliged to, provide any suggestions, feedback, comments, ideas, or other information relating to the Data Sample (the “Feedback”). Any Feedback is provided on a non-confidential basis regardless of any suggestion to the contrary in any accompanying communication, and you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, sub-licensable, transferable right and licence to exploit such Feedback in any manner without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, enhancing, improving, promoting, and marketing our products and services.
11. Notices and Information
12. Term and Termination
- These Data Sample Terms shall commence upon acceptance of these terms by you and/or use of the Data Sample (whichever comes first) and shall remain in force unless terminated by either party in accordance with its terms.
- On termination or expiry of these Data Sample Terms, you shall cease to use the Data Sample. You shall also delete and/or remove the Data Sample and any component thereof which is in your possession, custody or control or in the possession, custody or control of any of your directors, officers, employees, agents, contractors or professional advisors and if requested by us, certify to us that this has been done no later than twenty-one (21) days following termination or expiry of this agreement.
- During the Term, we may terminate these Data Sample Terms immediately upon giving you written notice if you are in breach of any of your obligations under these Data Sample Terms. Such right of termination shall be in addition to any other remedies we have in respect of your breach.
- These Data Sample Terms constitutes the entire agreement of the parties about its subject matter, supersedes all prior communications, understandings and agreements (whether written or oral) relating to their subject matter, and may not be amended or modified except by agreement in writing signed by both parties.
- Any provision of these Data Sample Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Data Sample Terms shall remain in full force and effect.
- Termination or expiry of these Data Sample Terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Data Sample Terms which existed at or before the date of termination or expiry.
- We may amend these Data Sample Terms from time to time by giving notice to you either directly (using the details you have supplied to us) or by posting a notice on the Oxford Languages Website. Any other variation of these Data Sample Terms shall not be effective unless it is in writing and signed by or on behalf of both parties.
- You agree to provide us with any information that we request to verify your compliance with these Data Sample Terms.
- The relationship between the parties established by these Data Sample Terms is that of independent parties and nothing contained in these Data Sample Terms shall be construed or be deemed to create a partnership, joint venture or other joint undertaking; nor shall anything contained in these Data Sample Terms be construed or deemed to create the relationship of principal and agent between the parties. Without limiting the generality of the foregoing, you acknowledge and agree that you shall have no right or authority to bind or to make any representation or warranty on behalf of us.
- By signing up to receive the Data Sample, you are agreeing to receive email marketing from Oxford University Press.
- You will comply with all applicable laws in connection with these Data Sample Terms and your use of the Data Sample.
- These Data Sample Terms shall be interpreted and construed in accordance with English law and shall be under the exclusive jurisdiction of the English Courts. However, we may enforce any breach by you of any of the terms and conditions set out herein in the courts of any jurisdiction.