1.1 Subject to these Terms, Criteo grants You a worldwide, royalty-free, non-transferable, non-exclusive, revocable licence to:
1.1.1 Use and analyse the Data, in whole or in part, for non-commercial purposes only; and
1.1.2 Publish analyses and interpretations based upon the Data in scientific papers, but only to the extent that it is not possible to reconstruct the Data from the publication. Such publications may not be used for any commercial or anti-competitive purposes.
1.2 If you publish a paper whose results rely on the Data, You must include a reference to Criteo in the paper. If Criteo expressly requests no attribution You agree not to mention Criteo in connection with the Data. If requested You shall provide Criteo with a copy of the paper.
1.3 Criteo retains all ownership rights in and to the Data.
1.4 You shall not distribute the Data in any manner nor shall You reverse engineer the Data.
1.5 You will comply with all applicable laws, including but not limited to data privacy laws in any applicable jurisdiction.
2. TERM AND TERMINATION
2.1 These Terms apply from that date that You click the “I accept” button and continue for the duration of copyright or other similar rights pertaining to the Data.
2.2 You may terminate these Terms at any time.
2.3 If You breach these Terms or use the Data in any manner which causes damage to, or has the potential to cause damage to, Criteo its affiliate companies or business, these Terms shall automatically terminate.
2.4 On termination of these Terms, You must destroy all copies of the Data (including, but not limited to, any derivative works thereof) in whatever form held.
3. DISCLAIMER AND LIMITATION OF LIABILITY
3.1 Criteo provides access to and use of the Data at Your own risk. The Data is provided as-is and as-available, and Criteo makes on representations or warranties of any kind concerning the Data, whether express, implied, statutory or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable.
3.2 Without limiting the provisions above, Criteo shall not be liable for any damage that results from the access and use of the Data, including without limitation, any damage to your computer system or loss of data.
3.3 To the maximum extent permitted by law, Criteo shall not be liable to You on any legal theory (including without limitation negligence) or otherwise for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill or other intangible losses (even if Criteo has been advised of the possibility of these damages) in connection with these Terms or the Data.
4.1 You may not assign or transfer any right or obligation under these Terms, either in whole or in part, without the prior written consent of Criteo. Any purported transfer without Criteo’s consent shall be null and void. Criteo may assign these Terms without Your consent.
4.2 These Terms constitute the complete and entire agreement between the parties and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the parties.
4.3 Criteo reserves the right to amend these Terms at any point in time and for any reason and such updated Terms shall apply to Your continued use and access to Data.
4.4 If any provision of these Terms are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall not effect the other provisions of these Terms which shall remain in full force an effect.
4.5 In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.
4.6 Unless specified otherwise in these Terms, no third party shall have any rights or obligation under these Terms.
4.7 These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Santa Clara county, California.