Where Football Data and/or Fixture Lists (each as defined below) are supplied as part of the Licensed Materials, the Customer shall use such [Data] only in accordance with the following key supply terms. Failure to do so shall be considered a material breach of the Agreement.
- No assignment or transfer of any rights or obligations in respect of Football Data and/or Fixture Lists to any third party.
- No onward supply of Football Data and/or Fixture Lists save to Customer’s end users.
- Any service or other material that incorporates the Football Data and/or Fixture Lists shall not contain any statement or other material that (i) incorporates pornographic material; (ii) uses foul language or blasphemy, is libellous, offensive, obscene or otherwise unlawful; (iii) promotes or offers any unauthorised audio, visual or audio visual material of an FDC Match; and/or (iv) claims or suggests any endorsement, authorisation or approval by DataCo, any club, FDC Event Organiser, FDC Event or player where no such endorsement exists.
- No reproduction or other use of any Football Data and/or Fixture Lists:
- on a Non-Editorial Basis;
- in connection with any player performance index that claims or suggests any endorsement, authorisation or approval by DataCo, any club, FDC Event, FDC Event Organiser or player where no such endorsement exists. By way of example and not limitation, a player performance index substantially based on a single FDC Event (or on the FDC Events of a single FDC Event Organiser) would be deemed to make such a claim or suggestion (i.e. and would therefore not be permitted under this clause 4(b));
- in connection with any fantasy/prediction competitions (other than for Permitted Fantasy/Prediction Use);
- in connection with any coaching/scouting product, service or tool;
- in connection with any Betting Use; and/or
- on a Single Club Basis without valid approval from the relevant club.
- No reproduction or other use of any Football Data in a manner that suggests or imitates moving images of any FDC Match and/or any player(s) without Stats Perform prior approval.
- No reproduction or other use of any photographs from FDC Matches without the appropriate licence or consent to do so.
- No replication or other use of any trade mark, badge, insignia or logo owned or used by DataCo, a club or an FDC Event Organiser without the prior written consent of the appropriate owner of such a trade mark, badge, insignia or logo.
- Where technically and commercially practicable, any reproduction of a Fixture List by the Customer shall be accompanied by applicable FDC Event logo(s) (in a reasonably proximate position).
- Where the Football Data and/or Fixture Lists have an official sponsored title, all references to the same by the Customer shall, where reasonably and technically practical, be made using such official sponsored title.
- Where reasonably and technically practical, any publication of Football Data and/or Fixture Lists by the Customer shall be accompanied by references to the official sponsors of the relevant FDC Event(s) and FDC Event Organiser(s).
- Any permitted (and/or required) reproduction by the Customer of official FDC Event / FDC Event Organiser logos hereunder shall be in accordance with the applicable brand guidelines for the same and any instructions relating to the same provided by Stats Perform.
- The Football Data and the Fixture Lists shall not be used to: (a) give undue prominence to any club or player; nor (b) create or suggest an endorsement, commercial association or official relationship with any club, player, FDC Event (or FDC Event Organiser) or sponsor, supplier or other commercial partner of any of the foregoing or of DataCo itself (unless such an endorsement, commercial association or official relationship exists).
- No publication, dissemination or other exploitation of material (in any format and/or media) that in the reasonable opinion of DataCo adversely affects the standing, reputation or other interests of DataCo or any FDC Event Organiser or any club.
- Stats Perform grants to the Customer a non-exclusive licence in the Territory during the Term to use and Reproduce the Football Data and/or (subject to paragraph 15 below) Fixtures List for the Permitted Purpose (provided the same falls within the scope of the FDC Permitted Use) subject to the terms of this Agreement. The Customer acknowledges that if DataCo (or any of its successors or assigns) introduces a Direct Licensing Scheme or appoints an Exclusive Sublicensee, Stats Perform will be entitled to terminate this licence (or in the case of the appointment of an Exclusive Sublicensee, terminate the licence with respect to the relevant part(s) of the Territory (if any) for which the Exclusive Sublicensee has been appointed) on 30 days’ notice and, if the Customer wishes to continue using the Football Data and/or Fixture Lists supplied hereunder thereafter, it must obtain a licence for the same within 30 days of receiving a draft of such licence agreement from DataCo or, as applicable the relevant Exclusive Sublicensee, which may involve the payment of a fee.
- As at the Commencement Date, no licence is required to use and reproduce the Fixture Lists within European Union (EU) member states, nor to authorise another party to undertake such acts. The parties acknowledge and agree that as at the Commencement Date, no licence, obligations or restrictions contained in this Agreement shall apply to any reproduction of the Fixture Lists within EU member states.
- Stats Perform shall be entitled (and may be obliged by DataCo) to terminate the Agreement and/or suspend and/or terminate or the supply of Football Data and/or Fixture Lists hereunder to the Customer with effect from midday on the 14th day after receipt by the Customer of written notice from Stats Perform if the Customer:
- is in material or persistent breach of any provision of the terms of this Schedule 1 (or otherwise of the Agreement as a whole); and/or
- following the introduction of a Direct Licensing Scheme or the appointment of an Exclusive Sublicensee, is in material or persistent breach of any provision of the applicable licence issued by DataCo or, as applicable, the relevant Exclusive Sublicensee; and/or:
- following the introduction of a Direct Licensing Scheme or the appointment of an Exclusive Sublicensee, fails to obtain, abide by and/or renew any applicable licence issued by DataCo or, as applicable, the relevant Exclusive Sublicensee.
- The Customer acknowledges that Stats Perform may be required (on a confidential basis) to disclose this Agreement (or information within it) to DataCo and/or the FDC Event Organisers and agrees that such disclosure shall be permitted and shall not constitute a breach of this Agreement.
Definitions applicable to the FDC Key Supply Terms:
Betting Use means use in connection with any form of betting or gambling (including without limitation, the undertaking of and/or the enabling of any betting or gambling transactions, betting or gambling activity and/or betting or gambling operations).
DataCo means Football DataCo Limited.
Direct Licensing Scheme means any scheme implemented by DataCo/the FDC Event Organisers to directly sublicense to Stats Perform customers (including the Customer) the right to use and Reproduce the Football Data and/or the Fixture Lists which may include the payment of a fee which DataCo shall be entitled to retain in its entirety.
Exclusive Sublicensee means any third party appointed by DataCo to sublicense the right to use and Reproduce Football Data and/or Fixture lists on an exclusive basis in respect of any territory outside of the European Union.
FDC Events means each of the following competitions (as the same may be named, renamed and/or replaced from time to time): the English Premier League, EFL Championship, EFL League 1 and EFL League 2 (including the play-offs for each of the foregoing EFL competitions), EFL Cup, EFL Trophy, Scottish Premiership, Scottish Championship, Scottish League One and Scottish League Two (including the play-offs for each of the foregoing Scottish Professional Football League competitions), Scottish League Cup, Scottish Professional Football League Challenge Cup and Other Leagues.
FDC Event Organiser means The Football Association Premier League Limited, The Football League Limited, The Scottish Professional Football League Limited and any entity that replaces any of these bodies as an organiser of any of the FDC Events during the Term.
FDC Match means a football match played as part of the FDC Events.
FDC Permitted Use means so called “editorial” purposes comprising news reporting, analysis or other discussion of matches of FDC Events.
Fixture Lists means the whole or any part of the listing of any FDC Matches.
Football Data means Data in respect of an FDC Event (but excluding the Fixture Lists).
Non-Editorial Basis means any non-editorial use and includes (by way of example and not limitation) use in or in connection with:
- prediction competitions (where participants are required to pay to enter any such games or competitions);
- any merchandise including memorabilia, collectables, clothing, calendars, mugs, posters, fridge magnets, stickers, trading cards, key rings; and/or
- any contemporaneous audio commentary of a FDC Match;
Other Leagues means (as the same may be named, renamed and/or replaced from time to time): Premier League 2, Professional Development League, Premier League Reserve Cup, Football League Central Reserve League and Football League Central Reserve Cup; and Premier League u18 cat. 1 and cat. 2, u18 Premier League Cup, Football League u18 NW, NE, SW and SE Leagues, Football League u18 Merit Divisions, Football League u18 Cup, Scottish Professional Football League u20 National, u20 East and u20 West.
Permitted Fantasy/Prediction Use means the use of Football Data (other than Football Data which includes x, y coordinate Data such as that contained in Stats Perform’s F24 Data feed) and/or Fixture Lists by the Customer for use in non-betting fantasy football games and/or non-betting prediction games provided that: (a) such games and/or any associated promotional materials shall not claim or suggest any endorsement, authorisation or approval by DataCo, any club, FDC Event Organiser, FDC Event or player where no such endorsement exists; (b) such games and/or any associated promotional materials shall not claim or suggest that they are in any way official and/or powered by official data; (c) such games and/or any associated promotional materials shall not incorporate any official FDC Event (or FDC Event Organiser) designation or logo; and (d) such games shall not (in DataCo’s reasonable opinion) compete with the official fantasy football games and/or prediction games of any FDC Event Organiser.
Reproduce means copy, issue copies to the public, communicate to the public, extract or re-utilise.
Single Club Basis means any product, material or service based substantially on a single club which plays in FDC Matches.