Patently® Trial – Terms of Use

Patently® is an online patent data platform which provides access to the Patently database. These terms set out the conditions of use of the Patently services during a limited-duration trial (“Patently Trial”). The terms “We” and “our” refers to Patently Ltd, the provider of the Patently Trial. This agreement is between Patently Ltd and the company registering for this trial, or, if no company is identified in the sign-up information, the individual registering for this trial, said company or individual is referred to in this agreement as “User” or “you”. You are responsible for carefully reading the terms of this trial agreement before clicking “accept” and accessing your Patently Trial. By clicking “accept” and accessing, you confirm that you have read and accept this agreement. By registering for the trial, you grant to Patently permission to be contacted with trial information and to receive promotional, sales and marketing emails from Patently during the trial period and after the trial ends. You will have the option to unsubscribe to these emails at any time, by following unsubscribe procedures and/or providing written email notice to Patently at mail@patently.com.

1. License Grant, Limitations & Restrictions

1.1. This Agreement (“Agreement”) is made and entered into on the first day that the Patently Trial is activated for the User’s use (“Trial Service Activation Date”), and will remain in effect for a limited trial period (“Trial Period”).  The individual who has registered and signed up for the Patently Trial represents and warrants that he or she has the legal power and authority to enter into this Agreement and to legally bind the User to the terms of this Agreement.  The terms of use of this Agreement shall govern the Patently Trial .    

1.2. Subject to the terms and conditions of this Agreement, Patently hereby grants to the User a non-exclusive, non-transferable, non-assignable, limited license to use the Patently Trial  solely for the User’s own review of patent data and strictly for purposes of its own internal evaluation of Patently and not for any competitive purpose.  All rights not expressly granted to the User are reserved by Patently and its licensors. Patently reserves the right to make changes, modifications, reduction in functionality and enhancements to the Patently Trial, at any time, and from time to time without prior notice.

1.3. Use of the Patently Trial does not confer any ownership in any of the intellectual property which exists in the Patently database, including without limitation any copyright and database rights subsisting therein, nor in any other intellectual property which is provided as part of the Patently Trial. Further, no licence to use the intellectual property is conferred save as explicitly set out in the Licence Agreement letter, and subject to these Terms of Use.

1.4. You may not:
    a. copy any part of the Patently database, nor create any derivative work;
    b. reverse engineer, disassemble or decompile any part of the Patently database;
    c. create Internet “links” to the Patently database;
    d. attempt to circumvent any user limits or other license, timing or use restrictions that are applied to the Patently Trial,
    e. use, access or allow access to the Patently Trial in any manner to provide services to any party other than the User;
    f. sell, license, supply, display or lease the Patently Trial or any content derived via the Patently Trial to any party other than the User; or
    g. use any address data or other data identifying parties to contact those parties for advertising, promotional or spamming purposes, or to offer to administer intellectual property rights.

2. The Patently Database

2.1. The content of the Patently database is derived from third party databases and the provision of the Patently Trial relies upon the data in those third party databases. The production and maintenance of these third party databases is outside our control; the data is not always accurate or rendered in the most accessible manner. Whilst Patently uses algorithms and other processing means to correct for these deficiencies, no warranty is given or implied as to the completeness or accuracy of the data, and we are not liable for any loss arising as a result of omissions or inaccuracies in these third party databases or from the processing by Patently of this data as may occur from time to time. Further, you agree that you will not hold any of the third party database providers liable for any loss arising as a result of omissions or inaccuracies in such third party databases, unless caused by the gross negligence or wilful or malicious misconduct of those third parties.

2.2. Patently undergoes continuous incremental improvement which may affect the results of a search, including a previously performed search saved as a ‘project’ within Patently. No warranty is given or implied as to the completeness or accuracy of the search or the content of a project, and we are not liable for any loss arising as a result of omissions or inaccuracies from the processing by Patently of this data as may occur from time to time.

3. Termination

3.1. We may suspend and/or terminate the provision of the Patently Trial if these Terms of Use are not complied with, or if we are investigating any suspected non-compliance.

4. Storage of Information

4.1. You may be permitted to annotate search results and record and save other information on our computer systems (“User Content”) as part of the Patently Trial.

4.2. You are responsible for your User Content. Absent agreement to the contrary, we will not necessarily review User Content and give no undertaking as to the accuracy of any User Content.

4.3. You will not store any User Content which comprises material that is defamatory, offensive, illegal, or which violates the rights of third parties.

4.4. You will not create any User Content that imposes an unreasonable or disproportionately large load on our infrastructure.

4.5. You acknowledge that we may preserve and/or disclose User Content if required to do so by law.

4.6. We reserve the right to delete User Content at our discretion.

4.7. At the end of the Trial Period, the User will have no further access to the Patently database and User Content unless agreed otherwise in writing by Patently, and Patently may delete all User Content. 

5. General

5.1. Nothing in these Terms of Use shall create, or be deemed to create a partnership or joint venture or relationship of employer and employee or principal and agent between the parties. This agreement binds and inures to the benefit of your successors and assigns and our successors and assigns.

5.2. If at any time any one or more of the conditions of these Terms of Use (or any sub- condition or paragraph or any part of one or more of these Terms of Use) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from the contract and the validity and/or enforceability of the remaining provisions of the contract shall not in any way be affected or impaired as a result of that omission.

5.3. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms of Use and a person who is not a party to these Terms of Use (including any employee, officer, agent, representative or sub-contractor of either party) shall not have the right (whether under the Contracts (Rights of Third Parties) Act or otherwise) to enforce any term which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties which agreement must refer to this condition.

6. Governing Law and Jurisdiction

6.1. The construction and interpretation of our contract with you is governed by the law of England and Wales and the English courts shall have exclusive jurisdiction to resolve any disputes arising under it (including claims for set-off and counterclaims). You agree that any judgment of the English courts shall be binding and may be enforced in the courts of any other jurisdiction.

Patently Contact Details

Fairfax House Telephone: +44 (0)20 7440 9555
15 Fulwood Place Facsimile: +44 (0)20 7440 9511
London WC1V 6HU Email: mail@patently.com

Patently Ltd Company No. 11092693
VAT Registered, GB293 0813 01