1.

Introduction

1.1

Please read these Terms before subscribing to or purchasing user rights for any of the Materials available from Informa.

1.2

Unless otherwise agreed by us in writing or otherwise expressly stated below, these Terms govern the supply of and/or your access to any of the Materials, whether in print or in electronic format and regardless of the means of delivery, to the exclusion of all other terms and conditions (including any which you purport to apply under any purchase order, confirmation of order, specification or other document).

1.3

Any Additional Conditions will be set out on the relevant Order Form. If any of the Additional Conditions are inconsistent with any of these Terms, the Additional Conditions will prevail, but only to the extent of the inconsistency. The Order Form will indicate (amongst other things) the particular Materials which you have chosen to purchase or to which you have subscribed; purchase or subscription prices and relevant subscription dates.

Definitions

2.1

Throughout these Terms and in the Order Form, the following definitions apply:-

any additional terms and conditions applicable to particular Materials set out on the relevant Order Form

”Client“, ”you“ or ”your“

any person, firm, company or other body which enters into an agreement with Informa to receive or have access to any Materials, (regardless of the mode of their delivery to the Client), but this does not extend to or include other companies which may be part of the same group as the Client

”Client Location“

a geographical site specified by a single mailing address in the Order Form

”Data“

information contained in any of the Materials which the Client has selected and which are to be supplied by Informa

”Database Product“

a product distributed, supplied or made available or accessible by Informa (in whatever medium now known or developed in the future) which wholly or mainly comprises a compilation or combination of data, statistics, research material and/or other information and which is presented (with or without analysis and/or interpretation) wholly or mainly in the form of a database, dataset or otherwise as a compilation or combination of accessible, retrievable and/or searchable materials

”EDS“

stands for ”Electronic Data Storage“ and means any automated mode of storing accessible data whether or not digital, including computer hard drives, PDFs, ROM files, tapes, CDs, diskettes, DVDs or any other means of storage of information excluding physically printed data

”Informa“, ”our“, ”we“

the Informa Telecoms & Media division of Informa UK Ltd or ”us“

”Initial Period“

has the meaning given in Part 4 of these Terms

”Materials“

the materials, publications, databases, services and/or information, including but not limited to Products, Database Products and/or Online Services available from Informa

”Online Services“

online Materials available on the websites operated by Informa

”Order Form“

the relevant Client order form for particular Materials

”Personnel“

any employee of the Client

”Product“

a product distributed, supplied or made available or accessible by Informa (in whatever medium now known or developed in the future) which is not a Database Product

”Renewal Period“

has the meaning given in Part 4 of these Terms

”Services“

any services described in the Order Form which are associated with and/or form part of the Materials purchased or subscribed for by the Client

”Software“

any software (whether or not proprietary) supplied by Informa as part of any Materials for processing the information contained in such Materials

”Subscription Period“

the period (comprising the Initial Period and any Renewal Period) for which the Client has obtained the agreement of Informa to provide or make any particular Materials available to Users (provided that such period has not been terminated under any other provision of the Terms) and Subscription has a corresponding meaning. Unless we agree otherwise, the Initial Period (or, as the case may be, a Renewal Period) begins only when full payment of the amount due for such period has been received by Informa

”Terms“

these terms of business

”User“

any member of Personnel who has been included in the agreed total number of Users set out in the Order Form and who is nominated by the Client and authorised by both Informa and the Client to have access to or otherwise be supplied with the Materials purchased or subscribed for by the Client

References to the singular include the plural, and references to one gender include all other genders.

Terms applicable to all Materials

3.1

We warrant that:

• we have a right to license the Materials to you; and
• we will provide the Materials with reasonable skill and care.

3.2

Informa grants you a non-exclusive, non-transferable licence to use and/or to access the Materials to which you have subscribed but only in accordance with the permitted use terms and restrictions applicable to the type of licence you have purchased. You undertake to comply with the permitted use terms and restrictions applicable to the type of licence you have purchased and to procure that all Users and/or members of your Personnel do likewise.

3.3

The licence granted to you is granted on these Terms and on any Additional Conditions applicable to particular Materials as set out on the Order Form.

3.4

The Order Form will indicate the particular Materials purchased by you or to which you have subscribed and which type of licence you have purchased, the different licence options being classified as follows:

• Single User Licence (please see Part 5 for permitted use terms and restrictions); or
• Site Licence (please see Part 5 for permitted use terms and restrictions); or
• Multi-Site Licence (please see Part 5 for permitted use terms and restrictions); or
• Corporate Licence (please see Part 5 for permitted use terms and restrictions).

3.5

We have used our reasonable endeavours to ensure that all Materials and Online Services comply with English laws. However, we make no representations that the Materials and/or Online Services are appropriate or available for use in locations outside England. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. You accept that if you are resident outside England, you must satisfy yourself that you are lawfully able to use and purchase or subscribe to the Materials and/or Online Services and, to the extent permitted by applicable law, Informa accepts no liability for any costs, losses or damages in this regard.

3.6

The Software and the contents of the Online Services and of the Materials are protected by international copyright laws, database rights and other intellectual property rights. The owner of these rights is Informa, our affiliates or other third party licensors. All product and company names and logos contained within our website or the Online Services or the Materials are the trade marks, service marks or trading names of their respective owners, including us. All of our rights which are not specifically granted to you by these Terms are reserved to us.

3.7

Except as set out in sub-clause 3.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials, the Online Services, our website or any information or service provided through our website. We will try to ensure that information and content in any Materials or Online Services purchased by you or for which you subscribe are accurate but please note that all information and content in Materials and Online Services are provided on an ”as is“ basis and you assume total responsibility and risk for your use of information and content in Materials and Online Services.

3.8

We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of Online Services or any Materials, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Informa or our servants, agents or any other person or entity.

3.9

If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Online Services or the Materials in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation.

3.10

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use Online Services or to use or receive Materials. You also understand that although we try to guard against viruses, we cannot and do not guarantee or warrant that any material available for downloading from Online Services or that Materials will be free from infections, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

3.11

The limitations and exclusions in this clause 3 do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

3.12

You may not assign, transfer or sub-licence any of your rights under these Terms and/or the Order Form.

3.13

These Terms together with the Additional Conditions, the Order Form and payment method instructions, (if any), are the whole agreement between you and Informa. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Informa or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind this agreement by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms, the Additional Conditions, the Order Form and payment method instructions (if any).

3.14

These Terms and your use of our websites are governed by English law and you submit to the exclusive jurisdiction of the English courts.

3.15

Except in respect of a payment obligation, neither you nor Informa will be held liable for any failure to perform any obligation to the other due to causes beyond your or Informa's respective reasonable control.

3.16

Failure or delay by either party in enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that right or remedy.

3.17

These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

3.18

You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you and/or Users, (including, but not limited to, names and addresses), to the extent reasonably necessary for us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ”Partner Companies“) to make available and/or to provide the Online Services and/or the Materials to you and/or to Users.

3.19

We have the right (but not the obligation) to monitor use of the Online Service and/or access to Materials in order to verify compliance with these Terms and any Additional Conditions and/or any operating rules established by us and/or to satisfy any law, regulation or authorised government request.

3.20

We are entitled (in our absolute discretion and without any requirement for explanation) to refuse any subscription or purchase request for any of the Online Services and/or Materials. We will not be bound to supply or permit access to any of the Online Services and/or Materials unless and until (a) we receive a properly completed and signed Order Form from the prospective Client and (b) we sign the Order Form and confirm our acceptance to you and (c) we have received payment in full for the Online Services and/or Materials. If (in our absolute discretion) we agree to accept payment after the start of the Subscription Period, you will pay us the amount due within 30 days after the date of our invoice to you for the Online Services and/or Materials (unless otherwise agreed).

4.

Terms applicable to Online Services

4.1

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you (or to your authorised Users) or selected by you (or by your authorised Users) for access to Online Services. You may not share these with or transfer them to any third parties and you will procure that your authorised Users do not share these with or transfer them to any third parties. You must notify Informa immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

4.2

We will of course try to make Online Services available but cannot guarantee that the Online Services will operate continuously or without interruptions or that they will be error free and we do not accept any liability for their unavailability. You must not attempt to interfere with the proper working of the Online Services and, in particular, you must not (a) attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device (b) use automated retrieval devices (such as so called web robots, wanderers, crawlers, spiders or similar devices).

4.3

Informa makes no representations whatsoever about any other websites which you may access through the Online Services. When you access any other website you understand that it is independent from Informa and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Informa endorses or accepts any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

4.4

Our websites are controlled and operated by us from our offices in England. Where Materials published in the Online Services include content or other materials supplied by third parties, you understand that we do not control or endorse their contents or materials in any way. All contents or materials which are offered or provided by third parties are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy, use or otherwise of any such third party content or material.

4.5

We reserve the right:

• to make changes or corrections and to alter, suspend or discontinue any aspect of the Online Services;
• to vary the technical specification of the Online Services;
• temporarily to suspend your access to Materials to which you have subscribed through the Online Services (and/or to the Online Services generally) for the purposes of maintenance or upgrade (but we will use our reasonable endeavours to minimise the period of suspension).

5.

Terms applicable to Subscriptions only

5.1

Informa will supply and/or grant you access to the Materials to which you have subscribed for the Subscription Period. The initial period of your Subscription (the ”Initial Period“) will be either one year or such other period as is stated on the Order Form, renewing thereafter for further one year periods (each a ”Renewal Period“) provided that agreement is reached between you and Informa on the renewal terms. Each yearly renewal fee is payable in advance and Informa reserves the right to suspend access to the Materials until the renewal fee is agreed and paid.

5.2

We reserve the right at any time during the Subscription Period:

• to make changes or corrections and to alter, suspend or discontinue any aspect of any of the Materials;
• to vary the technical specification of any of the Materials or of any Software;
• at any time to withdraw any of the Materials (or any part of the Materials) to which you have subscribed if Informa ceases to publish or ceases to have the right to publish the relevant Materials or if the same are the subject of a libel or copyright or other third party right infringement allegation and Informa considers that withdrawal is advisable in the circumstances.

5.3

If we exercise our right to withdraw Materials under clause 5.2(c), we may offer you broadly equivalent replacement materials and information instead of those withdrawn but if you notify us that you do not wish to accept such replacements or if we are unable to (or do not) offer such replacements, then we will refund the unexpired portion of your subscription payment in respect of the withdrawn Materials for that part of the Subscription Period in question. Any such refund will be in final settlement of the matter and will discharge all of our liabilities to you in respect of the withdrawn Materials.

5.4

The amount of the Subscription renewal fee and any other changes to your Subscription will be discussed and agreed between you and Informa and we will endeavour to agree the renewal terms before the expiry of the Initial Period or Renewal Period (as the case may be). However, if for whatever reason the renewal terms have not been agreed before the expiry of the Initial Period or Renewal Period, Informa may (in its absolute discretion) permit your Subscription to continue thereafter by allowing you to have continuing access to the Materials pending agreement of the renewal terms. In such case:

• Informa may (in its absolute discretion) terminate or suspend your Subscription at any time prior to renewal terms being agreed by denying and/or disabling your continuing access to the Materials;
• once renewal terms have been agreed, they will apply retrospectively starting from the first day of the Renewal Period to which they relate; and
• if (for whatever reason) renewal terms cannot be agreed, Informa will terminate your Subscription and you will pay Informa for any such continued access to the Materials allowed or granted to you by Informa at the then prevailing Informa renewal rate for such Materials, the amount due to be calculated by Informa on a pro rata daily basis.

5.5

Your Subscription will continue until the end of the Subscription Period (when this agreement and your Subscription will terminate) but Informa may terminate or suspend your Subscription at any time if you are found in breach of any of these Terms or of the Additional Conditions. In these circumstances you will not be entitled to any refund.

1. you may:
   1. display such Materials electronically to one member of your Personnel who is nominated by you to be the User;
   2. download and store limited and insubstantial extracts of Products and/or of Database Products in machine readable form for use by one member of your Personnel who is nominated by you to be the User;
   3. use limited and insubstantial extracts from the Data for external purposes provided that such use is in the ordinary course of your business and does not form part of a regular or routine pattern of use and provided further thatwhere extracts of the Data are contained in documents which are to be included in press releases and/or otherwise made publicly available, such extracts of the Data shall (unless otherwise agreed with Informa) not be released unless the following conditions are complied with:-
      1. either a proof, copy or relevant section of the document are supplied to Informa for release authorisation during UK office hours and Informa gives such authorisation in writing - Informa will not unreasonably withhold or delay such authorisation; and
      2. Informa's copyright notice is included in the document; and
      3. expressly and with reasonable prominence, Informa is acknowledged as the source of the Data so used;
   4. print one copy of reports and newsletters (but not of Database Products) for use by one member of your Personnel who is nominated by you to be the User;
   5. print limited and insubstantial extracts of Database Products for use by one member of your Personnel who is nominated by you to be the User;
   6. allow the User to use the Data for internal analysis in the ordinary (internal) course of your business;
   7. use limited and insubstantial extracts from the Materials in internal business reports circulated to your Personnel within the normal (internal) course of your business; and
   8. save only as expressly permitted in accordance with sub-paragraph (iii) above, allow the User to use such Materials solely for your internal business purposes.
2. you may not:
   1. download, store, reproduce, transmit, display, copy, distribute, commercially exploit or use the Materials and/or Data other than as expressly permitted in sub-clause 6(a) above;
   2. resell, sub-licence, rent, lease, transfer or attempt to assign the rights in the Materials and/or Data (in whole or in part) to any other person;
   3. use the Materials and/or Data in any manner, (or transfer or export the Materials and/or Data or any copies thereof into any country), other than in compliance with applicable laws;
   4. allow the one named authorised User to use the Materials and/or Data other than in accordance with these Terms nor may you allow any person other than the one named authorised User to use and/or gain access to the Materials and/or Data;
   5. modify or alter such Materials and/or Data nor may you create a database in electronic or structured manual form by systematically downloading and storing any of the content from such Materials and/or Data; or
   6. in the case of Materials supplied in portable EDS, permit anyone other than the one named and authorised User to access the software - the Terms will continue to govern the use of the Materials and/or their constituent Data regardless of where the EDS containing the Materials and/or their constituent Data is located.

6(b)

Site Licence - - In relation to the Materials which you have purchased or to which you have subscribed (whether in hard copy, EDS or other electronic form and regardless of the means of access or delivery):

1. you may:
   1. display such Materials electronically to the agreed number of Users set out in the Order Form being persons individually nominated by you to be the Users who are all members of your Personnel located at the Client Location;
   2. download and store limited and insubstantial extracts of Products and/or of Database Products in machine readable form for use by those members of your Personnel located at the Client Location who are within the agreed number of Users nominated by you;
   3. use limited and insubstantial extracts from the Data for external purposes provided that such use is in the ordinary course of your business and does not form part of a regular or routine pattern of use and provided further thatwhere extracts of the Data are contained in documents which are to be included in press releases and/or otherwise made publicly available, such extracts of the Data shall (unless otherwise agreed with Informa) not be released unless the following conditions are complied with:-
      • either a proof, copy or relevant section of the document are supplied to Informa for release authorisation during UK office hours and Informa gives such authorisation in writing - Informa will not unreasonably withhold or delay such authorisation; and
      • Informa’s copyright notice is included in the document; and
      • expressly and with reasonable prominence, Informa is acknowledged as the source of the Data so used;
   4. print one copy of reports and newsletters (but not of Database Products) per named and authorised User for use by such named and authorised Users located at the Client Location who are within the agreed number of Users nominated by you;
   5. print limited and insubstantial extracts of Database Products for use by named and authorised Users located at the Client Location who are within the agreed number of Users nominated by you;
   6. allow named and authorised Users located at the Client Location who are within the agreed number of Users nominated by you to use the Data for internal analysis in the ordinary (internal) course of your business;
   7. use limited and insubstantial extracts from the Materials in internal business reports circulated to your Personnel within the normal (internal) course of your business; and
   8. save only as expressly permitted in accordance with sub-paragraph (iii) above, allow the Users to use such Materials solely for your internal business purposes.
2. you may not:
   1. download, store, reproduce, transmit, display, copy, distribute, commercially exploit or use the Materials and/or Data other than as expressly permitted in sub-clause 6(a) above;
   2. resell, sub-licence, rent, lease, transfer or attempt to assign the rights in the Materials and/or Data (in whole or in part) to any other person;
   3. use the Materials and/or Data in any manner, (or transfer or export the Materials and/or Data or any copies thereof into any country), other than in compliance with applicable laws;
   4. allow any of the named and authorised Users to use the Materials and/or Data other than in accordance with these Terms nor may you allow any person other than the named and authorised Users to use and/or gain access to the Materials and/or Data;
   5. modify or alter such Materials and/or Data nor may you create a database in electronic or structured manual form by systematically downloading and storing any of the content from such Materials and/or Data; or
   6. in the case of Materials supplied in portable EDS, permit anyone other than the agreed number of Users to access the software - the Terms will continue to govern the use of the Materials and/or their constituent Data regardless of where the EDS containing the Materials and/or their constituent Data is located.

6(c)

Multi-Site Licence -In relation to the Materials which you have purchased or to which you have subscribed (whether in hard copy, EDS or other electronic form and regardless of the means of access or delivery):

1. you may:
   1. display such Materials electronically at the agreed number of locations set out in the Order Form but only to the agreed number of Users set out in the Order Form (this being the combined total number of Users for all of such locations) being persons individually nominated by you to be the Users who are all members of your Personnel;
   2. download and store limited and insubstantial extracts of Products and/or of Database Products in machine readable form for use by those members of your Personnel located at the agreed number of locations set out in the Order Form who are within the agreed (combined total) number of Users nominated by you;
   3. use limited and insubstantial extracts from the Data for external purposes provided that such use is in the ordinary course of your business and does not form part of a regular or routine pattern of use and provided further thatwhere extracts of the Data are contained in documents which are to be included in press releases and/or otherwise made publicly available, such extracts of the Data shall (unless otherwise agreed with Informa) not be released unless the following conditions are complied with:-
      • either a proof, copy or relevant section of the document are supplied to Informa for release authorisation during UK office hours and Informa gives such authorisation in writing - Informa will not unreasonably withhold or delay such authorisation; and
      • Informa’s copyright notice is included in the document; and
      • expressly and with reasonable prominence, Informa is acknowledged as the source of the Data so used;
   4. print one copy of reports and newsletters (but not of Database Products) per named and authorised User for use by such named and authorised Users located at the agreed number of locations set out in the Order Form who are within the agreed (combined total) number of Users nominated by you;
   5. print limited and insubstantial extracts of Database Products for use by named and authorised Users located at the agreed number of locations set out in the Order Form who are within the agreed (combined total) number of Users nominated by you;
   6. allow named and authorised Users located at the agreed number of locations set out in the Order Form who are within the agreed (combined total) number of Users nominated by you to use the Data for internal analysis in the ordinary (internal) course of your business;
   7. use limited and insubstantial extracts from the Materials in internal business reports circulated to your Personnel within the normal (internal) course of your business; and
   8. save only as expressly permitted in accordance with sub-paragraph (iii) above, allow the Users to use such Materials solely for your internal business purposes.
2. you may not:
   1. download, store, reproduce, transmit, display, copy, distribute, commercially exploit or use the Materials and/or Data other than as expressly permitted in sub-clause 6(a) above;
   2. resell, sub-licence, rent, lease, transfer or attempt to assign the rights in the Materials and/or Data (in whole or in part) to any other person;
   3. use the Materials and/or Data in any manner, (or transfer or export the Materials and/or Data or any copies thereof into any country), other than in compliance with applicable laws;
   4. v) allow any of the named and authorised Users to use the Materials and/or Data other than in accordance with these Terms nor may you allow any person other than the named and authorised Users to use and/or gain access to the Materials and/or Data;
   5. v) modify or alter such Materials and/or Data nor may you create a database in electronic or structured manual form by systematically downloading and storing any of the content from such Materials and/or Data; or
   6. vi) in the case of Materials supplied in portable EDS, permit anyone other than the agreed number of Users to access the software - the Terms will continue to govern the use of the Materials and/or their constituent Data regardless of where the EDS containing the Materials and/or their constituent Data is located.

6(d)

Corporate Licence - In relation to the Materials which you have purchased or to which you have subscribed (whether in hard copy, EDS or other electronic form and regardless of the means of access or delivery):

1. you may:
   1. display such Materials electronically to members of your Personnel wherever in the world they may be located;
   2. use limited and insubstantial extracts from the Data for external purposes provided that such use is in the ordinary course of your business and does not form part of a regular or routine pattern of use and provided further thatwhere extracts of the Data are contained in documents which are to be included in press releases and/or otherwise made publicly available, such extracts of the Data shall (unless otherwise agreed with Informa) not be released unless the following conditions are complied with:-
      • either a proof, copy or relevant section of the document are supplied to Informa for release authorisation during UK office hours and Informa gives such authorisation in writing - Informa will not unreasonably withhold or delay such authorisation; and
      • Informa’s copyright notice is included in the document; and
      • expressly and with reasonable prominence, Informa is acknowledged as the source of the Data so used;
   3. download and store limited and insubstantial extracts of Products and/or of Database Products in machine readable form for use by members of your Personnel wherever in the world they may be located and for the purposes of internal distribution within the Client;
   4. print copies of reports and newsletters (but not of Database Products) for use by members of your Personnel;
   5. print limited and insubstantial extracts of Database Products for use by your Personnel;
   6. allow your Personnel to use the Data for internal analysis in the ordinary (internal) course of your business;
   7. v download, reproduce and store limited and insubstantial extracts of the Data in one or more internal databases of the Client for subsequent retrieval, analysis, manipulation, report preparation and/or other lawful internal business purposes of the Client;
   8. use limited and insubstantial extracts from the Materials in internal business reports circulated to your Personnel within the normal (internal) course of your business; and
   9. save only as expressly permitted in accordance with sub-paragraph (ii) above, allow your Personnel to use such Materials solely for your internal business purposes.
2. you may not:
   1. download, store, reproduce, transmit, display, copy, distribute, commercially exploit or use the Materials and/or Data other than as expressly permitted in sub-clause 6(a) above;
   2. resell, sub-licence, rent, lease, transfer or attempt to assign the rights in the Materials and/or Data (in whole or in part) to any other person;
   3. use the Materials and/or Data in any manner, (or transfer or export the Materials and/or Data or any copies thereof into any country), other than in compliance with applicable laws;
   4. allow any of your Personnel to use the Materials and/or Data other than in accordance with these Terms nor may you allow any person other than a member of your Personnel to use and/or gain access to the Materials and/or Data;
   5. modify or alter such Materials and/or Data nor may you create a database in electronic or structured manual form by systematically downloading and storing any of the content from such Materials and/or Data (other than as expressly permitted in sub-clause 6(a)(vii) above); or
   6. in the case of Materials supplied in portable EDS, permit anyone other than members of Personnel to access the software - the Terms will continue to govern the use of the Materials and/or their constituent Data regardless of where the EDS containing the Materials and/or their constituent Data is located.