Fair Use Policy

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Introduction

This Fair Use Policy ("Policy") is incorporated into the Software Licence Agreement ("Agreement") between [Licensor Name] ("Licensor") and [Licensee Name] ("Licensee"). The purpose of this Policy is to ensure that the Software is used fairly, ethically, and within the limits of the Licence granted.

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1. Purpose of the Policy

The Licensor seeks to provide the Licensee with access to the Software in a manner that is fair and equitable for all parties. The Licence granted to the Licensee is subject to the terms of this Policy, which sets out the expected use of the Software and outlines any excessive use that could lead to limitations or termination of the Licence.

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2. Permitted Use

The Licensee is granted a licence to use the Software for the specific purpose(s) outlined in the Software Licence Agreement and in accordance with the terms of this Policy. Permitted use includes:

• Internal business operations (for business customers)
• Personal, non-commercial use (for individual users)
• Any other lawful use as agreed in writing between the Licensor and the Licensee

The Licensee agrees to use the Software in a manner that is consistent with its intended purpose and does not violate any applicable law, regulation, or rights of third parties.

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3. Prohibited or Excessive Use

The following activities are expressly prohibited under this Policy and may lead to a breach of the Software Licence Agreement:

• Excessive Load or Usage: Using the Software in a way that overburdens the Licensor's systems or disrupts availability for other users
• Resale or Redistribution: Reselling, sublicensing, or distributing the Software to third parties unless expressly permitted
• Data Scraping or Extraction: Extracting or scraping data for the creation or distribution of competing products or services
• Reverse Engineering: Attempting to reverse engineer or derive the Software’s source code (except where explicitly permitted by law)
• Inappropriate Content: Using the Software to store or distribute unlawful, abusive, defamatory, or harmful content
• Network Abuse: Engaging in activities that damage, disrupt, or compromise the Software or its infrastructure

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4. Fair Use Limits

The Software is licensed under fair use conditions. The Licensee agrees to maintain reasonable and typical usage. If the Licensor identifies usage that is excessive or unfair:

• A warning may be issued
• Rate limiting or suspension of certain features may apply
• Termination of the Licence may occur if breaches continue

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5. Monitoring and Enforcement

The Licensor reserves the right to monitor use of the Software to ensure compliance. Monitoring may include system performance, security, and resource usage checks.

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6. Exceptions

The Licensor may allow exceptions for higher usage through written agreement or subscription to an upgraded service tier.

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7. Consequences of Policy Violation

Violating this Policy may result in:

• Temporary or permanent suspension of access
• Termination of the Software Licence Agreement
• Legal action for damages

8. Modifications to the Fair Use Policy

The Licensor may update this Policy at any time. Any changes will be communicated, and continued use will be subject to the revised Policy. Reasonable notice will be provided for material changes.

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9. Governing Law and Dispute Resolution

This Policy is governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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Acknowledgement and Agreement

By using the Software, the Licensee acknowledges that they have read, understood, and agree to comply with this Fair Use Policy.