This licensing agreement and the terms and conditions herein contained (hereinafter referred to as the “Licensing Agreement”) govern the use of Analytical Framework, a platform for data-driven decision making branded and named as Bizmine Powered by Telenor 4G (hereinafter referred to as the “Bizmine ) and regulate the legal use of Bizmine and bind any and all user(s) who access or use the analytical framework in any manner.
No natural person may access the Bizmine until and unless they are in agreement with this Licensing Agreement. This Licensing Agreement is easily accessible to any potential user of Bizmine and there creation of an account to access Bizmine indicates that the prospective user, has the capacity to enter into a binding legal arrangement, and has read and agreed to all the terms and conditions herein contained with the intention of creating legal liability.
No legal person, such as a partnership, company, society, trust or any similar valid and existing legal entity under the laws of the Islamic Republic of Pakistan (hereinafter referred to as an “Organization”) may access the Bizmine until and unless they are in agreement with this Licensing Agreement. The natural person accessing Bizmine on behalf of the Organization represents through the creation of an account to access Bizmine that he/she has been conferred authority by that Organization to enter into a binding legal arrangement on behalf of that Organization. Any such natural person warrants that he has the legal authority on behalf of the Organization and has read and agreed to all the terms and conditions herein contained on behalf of the Organization with the intention of creating legal liability. This Licensing Agreement shall not only bind the Organization as a whole, but shall also bind its directors, officers, employees, agents, affiliates, or subsidiaries, individually, and any other natural person who is entitled to access or use the Bizmine under the license granted to the Organization. In the event that the natural person has misrepresented his authority to act on behalf of the Organization, he/she shall be liable for any loss or damage or any other legal liability arising from such misrepresentation to both the Organization, Telenor Pakistan (Pvt.) Ltd. and any affected third parties.
Any person, whether belonging to an Organization or not, who is granted a license to access and use the Bizmine pursuant to this Licensing Agreement shall hereinafter be referred to as the “User”.
Subject to the terms and conditions herein contained, this Licensing Agreement and the Data Processing Agreement may be accepted by the User in any one of the following manners, whereafter it will legally bind both the Parties:
- By checking the appropriate box; or
- By creating an account for access to Bizmine
1. GENERAL PROVISIONS
- References to this Licensing Agreement are references to the provisions of this Licensing Agreement and any Annexure(s) annexed hereto and include any variation or replacement of all or any part thereof.
- Words applicable to natural persons shall include any body of persons, company, corporation, firm or partnership etc. incorporated or unincorporated and vice versa.
- Words importing a gender shall include any other gender and words importing the singular number shall include the plural number.
- The Annexure(s) annexed to this Licensing Agreement shall form an indispensable part of this Licensing Agreement.
- The headings to the Clauses of this Licensing Agreement are for convenience of reference only and shall neither affect the interpretation and construction thereof nor shall limit or extend the language of the provisions to which they refer.
- Where any word or expression is defined in this Licensing Agreement, the definition shall extend to all grammatical variations and cognate expressions of the word or expression so defined.
- This Licensing Agreement does not create any partnership, agency, joint venture or any other relationship, fiduciary or otherwise between the User and Telenor Pakistan (Pvt.) Ltd., or confer any rights on the User save the right to use and access the Bizmine for a limited term.
- “Application” means a program or group of programs designed to perform a group of coordinated functions, tasks, or activities for the benefit of the mobile as well as web users.
- “Licensing Agreement” means this licensing agreement read with its annexures and all applicable policies and guidelines of Telenor Pakistan (Pvt.) Ltd.
- “Data” means any or all information, including but not limited to location, Subscriber balance, device information, subscriber information which the User accesses or comes to access through Bizmine
- “Data Processing Agreement” means the standard agreement on processing of data which the User agrees to abide by while it is accessing or using
- “User” means any person who is granted a license pursuant to this Licensing Agreement.
- “Intellectual Property” means any and all tangible and intangible works of authorship, including copyrights , trademarks, trade name, trade secrets, patents, designs and all derivative works thereof as well as other intellectual property of every kind and nature however designated.
- “Intellectual Property Rights” shall have the meaning ascribed to it in section 7(a) herein.
- “Organization” means any partnership, company, society, trust, firm, sole proprietorship, government or semi-government body, regulatory body, statutory body, functionary of the federal or provincial governments or any other valid, legal and existing entity that has authority to enter into legal arrangement such as this Licensing Agreement.
- “Subscribers” means a user of Telenor’s telephony, wireless, mobile and digital products and services.
3. REPRESENTATIONS AND WARRANTIES
- The User warrants that it has the capacity to enter into a legal arrangement with Telenor Pakistan (Pvt.) Ltd.
- The User warrants that it has the right, power and full authority, and has taken all necessary actions, to execute, deliver and exercise its rights, and perform its obligations, under this Licensing Agreement.
- The User warrants that it has read this Licensing Agreement and agrees to abide by its terms and conditions.
- The User warrants that Bizmine will only be used for the development of applications and software.
4. TERMS AND CONDITIONS
- Bizmine shall not be used or attempted to be used by the User in any manner which contravenes this Licensing Agreement.
- The User shall not use Bizmine except for developing and using applications and software.
- The User shall not assign or sublicense this Licensing Agreement to any third party.
- The User shall not use Bizmine to for any immoral, unethical, fraudulent or illegal purpose.
- The User shall not access or process any personally identifiable information or data of the subscribers and shall immediately report to Telenor Pakistan (Pvt.) Ltd. if it comes into access of any such information.
- The User shall not use the Bizmine to share, send, spread, forward or dispatch any unethical, unwanted or unauthorized messages, texts, notifications, prompts or other form of communication to the Subscribers.
- The User shall not access or use the Bizmine to spread viruses, malware, Trojans, bugs or any other similar program designed to skim, spam, phish, disrupt or destroy any data, server, network or other digital interface.
- The User shall not access or the use the Bizmine to develop, design, code, write or produce any software, program or other application designed to be malicious or to undertake any malicious activity.
- Unless otherwise expressly agreed in writing with Telenor Pakistan (Pvt.) Ltd., the User shall not sell, transfer or share the Data obtained through Bizmine with any natural person, organization or third party.
- The User shall not replicate the Bizmine or offer for use to any third party.
- Telenor Pakistan (Pvt.) Ltd. may monitor the use of the Bizmine by the User to ensure quality and verify and enforce compliance of this Licensing Agreement.
- Telenor Pakistan (Pvt.) Ltd. may collect certain usage statistics/reports from the usage of Bizmine by the User, including but not limited to, information on how the analytics are being used in different products and services developed by the User.
6. DATA PROTECTION
- Telenor Pakistan (Pvt.) Ltd. retains the formal control of, and all ownership and rights to the Bizmine any and all Data or other information obtained, accessed or procured by the User under this Licensing Agreement. The User shall have no rights in or to the Bizmine,its code, or any Data or other information obtained, accessed or procured by the User under this Licensing Agreement other than the non-exclusive, revocable and time limited right to use or access the Bizmine and or the Data for the purpose set out in this Licensing Agreement.
- Data accessed, obtained or received by the User under this Licensing Agreement shall not be stored for a longer period than it is necessary to carry out the purpose of this Licensing Agreement. Notwithstanding anything else contained in this Agreement, the User shall delete all the Data and other information accessed, obtained or received from the Bizmine or the Subscribers no later than thirty (30) days after the expiry or termination of this Agreement.
- Through the acceptance of this Licensing Agreement, the User also agrees to abide by the Data Processing Agreement.
- The User will solely liable for all financial and criminal consequences for the leakage of any Data or illegal access to the Data or Bizmine by the User or through the User’s software or hardware by the User or any third party.
- Telenor Pakistan (Pvt.) Ltd. may, in its absolute discretion, impose a financial penalty on the User and reserves the right to prosecute or pursue any and all legal and regulatory civil remedies and criminal complaints as may be necessary to prevent, avoid, mitigate or remedy, address and rectify any breach of this Licensing Agreement by the User. The quantum of financial penalty imposed on the User shall be commensurate with the scale and impact on Telenor Pakistan (Pvt.) Ltd. of the breach of this Licensing Agreement by the User.
7. INTELLECTUAL PROPERTY
- The User acknowledges that the ownership of and all rights in the trademarks, copyrights, design rights, patent rights or other intellectual property (collectively, the "Intellectual Property Rights") as well as all intellectual property registered by Telenor Pakistan (Pvt.) Ltd. or its affiliated companies, reside in and shall remain exclusively the property of Telenor Pakistan (Pvt.) Ltd.. The User agrees that they shall acquire no right, title or interest in any of the Intellectual Property which belongs to Telenor Pakistan (Pvt.) Ltd. pursuant to this Licensing Agreement and by acting hereunder.
- Upon the acceptance and execution of this Licensing Agreement, the User shall be given a unique username and password which may be utilized to access
- The User will not disclose or share its username, password, keys, Data, verification codes or other secret combinations with any third party. Any such disclosure may result in the immediate termination of this Licensing Agreement.
- The User will not share with any third party any information or which comes to the attention or knowledge of the User through the use of Bizmine
- Upon payment of the applicable fees the User is granted a non-exclusive, non-transferable and revocable license to access and use
- In the case of Organizations, a single license, indicated by the payment of only one license fee, may only be used by a single person from within that Organization. An Organization may seek more than one license so as to enable multiple officers, employees and directors to access the analytics, subject to the payment of additional fees.
- Telenor Pakistan (Pvt.) Ltd. reserves the right to enhance or reduce the applicable fees and to introduce into or remove from this Licensing Agreement such provisions, financial or otherwise, from time to time, as it may deem fit.
11. DEFAULT AND TERMINATION
- In the event of any breach or contravention or likely breach or contravention of this Licensing Agreement Telenor Pakistan (Pvt.) Ltd.may serve a notice of default (the “Default Notice”) on the User requiring the User to immediately cease or prevent any act or omission causing or likely to cause the breach or contravention. For the purposes of clarity, this clause is in addition and not in derogation to the authority of Telenor Pakistan (Pvt.) Ltd. to immediately block or restrict the User’s access to Bizmine
- Upon the issue of the Default Notice the User will immediately comply with the said notice and take all necessary remedial measures.
- Telenor Pakistan (Pvt.) Ltd. may at its discretion, without serving a Default Notice on the User, block or restrict the User’s access to Bizmine in where the User uses, or it is anticipated that the User will use, or attempt to use, Bizmine in a manner which contravenes or may contravene this Licensing Agreement.
- Telenor Pakistan (Pvt.) Ltd. may terminate this Licensing Agreement and revoke the User’s privilege to use and access the analytical framework at any time without serving a Defaut Notice or assigning any reason whatsoever.
- The User agrees to indemnify and hold harmless Telenor Pakistan (Pvt.) Ltd., from any and all claims, or losses relating to damage to or destruction or loss of any tangible or intangible object, Data, information, servers, network, or any other object, or any portion of it thereof, arising from or under this Licensing Agreement or usage and access to
- The User shall be fully responsible for the usage of Bizmine, and shall have no claim against Telenor Pakistan (Pvt.) Ltd. for any losses or damages incurred, or any other legal liability, that arises from the User’s usage of Bizmine
13. LIMITATION OF LIABILITY
- Telenor Pakistan (Pvt.) Ltd. shall have no liability of any nature whatsoever towards the User or to any third party for any losses, damage or destruction arising from any action or omission of the User.
- Unless earlier terminated by Telenor Pakistan (Pvt.) Ltd., this Licensing Agreement and the license granted to the User for Bizmine shall be valid for the period expressly subscribed to by the User through the corresponding online portal/website.
- Telenor Pakistan (Pvt.) Ltd. may amend, modify, revise or update this Licensing Agreement from time to time, without obtaining the prior consent of the User.
- The User shall be obliged to occasionally, at set intervals not exceeding 15 calendar days, check for any change to this Licensing Agreement.
- Subject to any legal limitations, amendments made to this Licensing Agreement may take effect retrospectively or prospectively as the context so requires or the case may be.
16. GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of Islamic Republic of Pakistan.