Opta Pulse Addendum
- Licensee shall deliver any and all Licensee Delivered Materials, as may be necessary, to Stats Perform, which it shall use to create automated video clips through the Stats Perform’s proprietary clipping technology (“Opta Pulse”).
- Licensee represents that it owns or otherwise has all necessary rights, licenses and consents with respect to all images and videos provided by Licensee or on Licensee’s behalf on, or in connection with, Opta Pulse. Licensee shall not use or make available in connection with the use of Opta Pulse any copyrighted, trademarked or other proprietary material without the express written permission of the owner of the copyright, trademark or other proprietary right. In the event there is a dispute about copyright or other proprietary right, the burden of determining that the material is not protected by copyright or other proprietary right rests with the Licensee. Licensee will indemnify and hold Stats Perform harmless against any losses, liabilities, damages, penalties, adverse effects, interest, costs and expenses suffered or incurred by Stats Perform (or its affiliates) as a result of any threats, claims, demands, proceedings, judgements or causes of action by a third party arising as a result of this paragraph.
- In the event Stats Perform receives what it deems to be, in its reasonable estimation, a valid third party complaint or request to remove material derived or resulting from Licensee’s use of Opta Pulse, Licensee agrees to cooperate by promptly removing and ceasing use of the allegedly proprietary or protected material upon notice from Stats Perform.
- Stats Perform will have no liability for any infringement claim that (i) is based on modification of any clip resulting from Licensee’s use of Opta Pulse by or at the direction of Licensee; (ii) results from Licensee’s failure to use an updated version of Opta Pulse made available to Licensee; (iii) is based on the combination or use of Opta Pulse with any third party software, program, device or materials; (iv) is related to any team crest, logo or other similar trademarked or copyrighted work used with Opta Pulse or any right of personality, publicity, name, image or likeness of any person; or (v) results from Licensee’s use of Opta Pulse in a manner that is inconsistent with its intended use or is in breach of this Agreement, including this Addendum.
- In addition to the rights contained within the Agreement, Stats Perform shall be entitled to terminate the Agreement and/or suspend and/or terminate the supply of Opta Pulse to the Licensee if the Licensee is in material or persistent breach of any provision of the terms of this Addendum.
- In the event Licensee is granted access to the Opta Pulse platform, Licensee shall be solely responsible for the management of its Opta Pulse access and shall remain fully liable for any breach of this Addendum or the Agreement by its employees and sub-contractors. Licensee will ensure that all access to and use of Opta Pulse by Licensee, its employees and sub-contractors, or otherwise through Licensee’s facilities, equipment, identifiers or passwords, will be in accordance with the terms of this Agreement, will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.
- Licensee has no right to (a) enable any third party to access or use Opta Pulse platform; (b) engage in, permit or continue any unauthorized copying, reselling or distribution of Opta Pulse; (c) grant any sublicense or other rights to Opta Pulse; (d) reverse engineer, disassemble or decompile all or any portion of, or attempt to discover or recreate the source code for, Opta Pulse or the Opta Pulse platform; or (e) remove, obscure or alter any intellectual property rights notice related to Opta Pulse or Stats Perform.
- Opta Pulse contains links to and allows you to connect to and use certain Third-Party Services. “Third-Party Service” means any third-party product, service, or software provided under separate terms and conditions used in conjunction with the Services, including but not limited to certain social media networks and other integration partners. To use any Third-Party Services, you must be registered for or logged into such Third-Party Service. By accessing or enabling a Third-Party Service within Opta Pulse, you are authorizing integration from Third-Party Service to Opta Pulse for this express purpose. You acknowledge that your use of any Third-Party Service is governed solely by the applicable Third-Party Service Terms, and you agree that you shall use such Third-Party Services in compliance with the Third-Party Service Terms and Stats Perform shall not be liable for any claims of damage or loss arising from your access to the Third-Party Service.
- Where the Licensee is provided with access to Opta Pulse, and the Licensee provides, inputs or uploads data or video, and to the extent such data or video contains personal data, the Parties agree that Stats Perform is the Data Processor in respect of the Processing of such personal data and the Controller-to-Processor Data Processing Addendum, accessible at https://www.statsperform.com/data-processing-addendum-team-performance-mla/ shall apply.
- Licensee shall provide any video component of the Licensee Delivered Materials in accordance with the specifications describe below:
