Place an order

Select a product and fill in your details below to start a subscription with AM:PM

1 About You

2 Contact Details

3 Address Details

4Terms and Conditions


Terms and Conditions


STR GLOBAL DATA PURCHASE AGREEMENT
THIS STR GLOBAL DATA PURCHASE AGREEMENT (“Agreement”) is made by and
between STR GLOBAL LIMITED, The Blue Fin Building, 110 Southwark Street, London SE1
0TA, (hereinafter referred to as "STRG”, “the Company”, “us”, “we”, or “our”), and the Licensee
identified elsewhere in this Agreement (hereinafter referred to as “Licensee”, "you" or "your")
(collectively, the “Parties”).


AGREEMENT TERMS


In consideration of the mutual promises contained herein and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, STRG and
Licensee agree as follows:
Upon receipt of your signed enrolment form, an invoice will be issued for the total fee amount
detailed on the form (if product is a one off purchase, credit card payment for the full amount
will be required before product can be sent to you). Payment is due in full, including payment
of all bank charges, immediately upon receipt.


1. LICENSE
1.1 Definitions.


1.1.a. “Agreement” means: these Standard Terms and Conditions; any additional terms
specifically set out in writing in the document(s) (if any) to which these Standard Terms and
Conditions are attached or in which they are incorporated by reference, and, if applicable, any
additional terms specifically set out in writing in any Schedule or Exhibit attached hereto.

1.1.b. “Licensed Materials” means any newsletter, report, database, survey, or other similar
resource, and all lodging industry data contained therein, which has been created by STRG
and provided to Licensee hereunder.

1.1.c. “Permitted Users” means those employees, officers, directors, agents, and legal
and/or tax representatives of the Licensee who have a need to access or view Licensed
Materials for the purpose of the Licensee’s internal business operations and who have an
obligation to keep such information confidential. For the avoidance of doubt Permitted Users
do NOT include consultants, software providers, online travel agents (“OTAs”) and other
similar third parties

1.2 Grant of License. For the term of this Agreement, and unless otherwise agreed by the
Parties herein or in a separate written amendment to this Agreement, Licensee shall receive a
non-exclusive, non-transferable, indivisible, non-sub licensable license to in the ordinary
course of its business: (a) use, copy, manipulate and extract data from the Licensed Materials
for its internal research purposes in strict accordance with the terms set forth herein; (b) share
or distribute to its clients limited excerpts and discrete portions of Licensed Materials (“STR
Excerpts”) that are contained in or incidental to its own reports, analyses or presentations for
clients (“Client Materials”), provided that: (i) such STR Excerpts are only supportive of the
STRG Data Purchase Terms & Conditions October 2020
substance of the Client Materials; (ii) Licensee shall be liable for any such distribution of the
STR Excerpts; (iii) Licensee shall always acknowledge STR as the source of the STR Excerpts
within the Client Materials; (iv) the Client Materials shall not include full copies or substantial
portions of any Licensed Materials; and (v) the Client Materials are not commercially or
generally distributed.

1.3 Copies. Except as may be expressly permitted or limited elsewhere in this Agreement,
Licensee may make and maintain no more than two (2) copies of any Licensed Materials.

1.4 No Service Bureau Use. Except as may be expressly permitted or limited elsewhere in
this Agreement, Licensee is prohibited from using the Licensed Materials in any way in
connection with any service bureau or similar services. “Service bureau” means the processing
of input data that is supplied by one or more third parties and the generation of output data (in
the form of reports, charts, graphs or other pictorial representations, or the like) that is sold or
licensed to any third parties.

1.5 No Distribution to Third Parties. Except as may be expressly permitted or limited in
this Agreement, Licensee is prohibited from distributing, republishing or otherwise making the
Licensed Materials or any part thereof (including any excerpts of the data and any
manipulations of the data) available in any form whatsoever to any third party, other than
Licensee’s Permitted Users.

1.6 Reservation of Rights. Licensee has no rights in connection with the Licensed Materials
other than those rights expressly enumerated in the Agreement. STRG reserves the right to
alter, reconfigure, or refresh, the Licensed Materials or its delivery method or format to Client,
including, but not limited to, presenting the Reports on a different on-line platform. Such
alteration shall not impact the data points contained within the Reports which Client has
purchased under this Agreement. Such alteration shall not constitute a breach of this Agreement
by STRG. Furthermore, all rights to the Licensed Materials not expressly enumerated herein are
reserved toSTRG.

1.7 Security and Confidentiality. Except as may be expressly permitted or limited in
elsewhere in this Agreement, Licensee agrees that the Licensed Materials contain confidential
information and that it will distribute Licensed Materials only to its Permitted Users. Licensee
shall use commercially reasonable efforts to protect against unauthorized access to and to
maintain the confidentiality of Licensed Materials. This provision shall survive indefinitely the
termination of this agreement.

1.8 No Competitive Use. Notwithstanding any other provision herein, Licensee is
prohibited from accessing or using the Licensed Materials if Licensee is or, during the Term of
this Agreement, becomes a direct or indirect competitor of STRG or providing any portion of
the Licensed Materials to any direct or indirect competitor of STRG.

2. AM:PM TERMS AND CONDITIONS (APPLICABLE ONLY FOR CUSTOMERS
SUBSCRIBING TO AM:PM DATABASE)


2.1 Use of Materials Available on AM:PM Hotel Database- General The Licensee and its
Permitted Users may only use the materials available in the AM:PM Hotel Database for the
STRG Data Purchase Terms & Conditions October 2020
sole purpose of the private or business research purposes of the Licensee, and such business
research purposes shall include, but is not limited to, the use of AM:PM Database materials for
the provision of: valuation reports, feasibility studies, credit or risk reports, or other research.

2.2 Specific Permitted Uses. The Licensee and any of its Permitted Users may (a) display
AM:PM Hotel Database materials on its computer screen, (b) print extracts included in such
materials, and (c) download such materials, provided that it is downloaded in accordance with
the following Download Restrictions: (a) the relevant part of the AM:PM Hotel Database
materials shall be stored in machine readable format and stored and used only for one named
person's exclusive use (and for the avoidance of doubt, that person shall be the Licensee (in
the case where the Licensee is an individual) or one Permitted User whose name and contact
details have been supplied to and confirmed by STRG; (b) no graphics or other items on the
AM:PM Hotel Database website may be used separately from the corresponding text; and, (c)
STRG's copyright and trademark notices must appear in all copies and other reproductions. All
copies of any part of the AM:PM Hotel Database materials (held in any format) shall remain
the property of STRG.

2.3 Website Terms of Use. The Licensee and its Permitted Users shall comply with the Terms
of Use of the AM:PM Hotel Database website, which are incorporated herein by reference.

2.4 STRG Obligations Regarding AM:PM Hotel Database. Subject to section 1.6 above,
STRG shall use reasonable endeavors to ensure that the services provided through the
AM:PM Hotel Database website are available twenty-four (24) hours per day, but shall not be
liable if for any reason the AM:PM Hotel Database website is unavailable at any time period.
Access to the AM:PM Hotel Database website may be suspended temporarily and without
notice in the case of a system failure, maintenance, repair, or for reasons beyond the
reasonable control of STR.

2.5 Restrictions on Use. Neither the Licensee nor any Permitted User may, without STR’s
express permission: (a) permit any unauthorized person to access or view any part of the
AM:PM Hotel Database materials or sell, transfer, assign, or make any of the AM:PM Hotel
Database materials available to any unauthorized person (including on a local area network, a
wide area network, or any intranet or extranet) and/or permit any distribution or delivery of any
part of the AM:PM Hotel Database materials to any unauthorized person; (b) abstract,
download, store, reproduce, transmit, display, copy, distribute, or use the AM:PM Hotel
Database materials, in whole or in part, other than solely for the purpose of the private or
business research purposes of the Licensee; (c) decompile, disassemble, or reverse engineer
any of the computers, software programs, databases, or other systems, in whole or in part,
used by STR; (d) use the AM:PM Hotel Database materials for any illegal purpose; (e) make
any password provided by STR available to any unauthorized person; (f) use the AM:PM Hotel
Database materials to produce other derivative documents containing any part of them; (g)
modify any of the underlying data of any AM:PM Hotel Database materials in any way or use
any illustrations, photographs, video, or audio sequences or any graphics separately from any
accompanying text; (h) obscure or remove any copyright or trademark notices that appear on
the AM:PM Hotel Database materials; or, (i) use any part of the AM:PM Hotel Database
materials for any promotional or advertising material. If any part of the AM:PM Hotel Database
materials are copied or reproduced by Licensee in any form, including a summary or analysis,
Licensee shall ensure that STR is clearly attributed as follows: "SOURCE: STR Global, Limited
– REPUBLICATION OR OTHER RE-USE OF THIS DATA WITHOUT THE EXPRESS
STRG Data Purchase Terms & Conditions October 2020
WRITTEN PERMISSION OF STR IS STRICTLY PROHIBITED."

3. DISCLAIMERS AND LIMITATIONS OF LIABILITY

3.1 Disclaimer of Warranties. THE LICENSED MATERIALS ARE PROVIDED TO THE
LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS. STRG MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH
RESPECT TO THE LICENSED MATERIALS, THE PRODUCTS PROVIDED OR THE
RESULTS OF USE THEREOF. WITHOUT LIMITING THE FOREGOING, STRG DOES NOT
WARRANT THAT THE LICENSED MATERIALS, THE PRODUCTS PROVIDED OR THE USE
THEREOF ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. STRG
MAKES NO IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY
PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, COURSE OF DEALING,
COURSE OF PERFORMANCE OR OTHERWISE. THE INFORMATION IN THE REPORTS IS
NOT, AND SHOULD NOT BE CONSIDERED, TAX, ACCOUNTING, LEGAL OR
INVESTMENT ADVICE.

3.2 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW
STRG’S TOTAL LIABILITY TO LICENSEE FOR ANY REASON AND UPON ANY CAUSE OF
ACTION INCLUDING WITHOUT LIMITATION, INFRINGEMENT, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, SHALL
BE LIMITED TO ALL FEES PAID TO STRG BY THE LICENSEE DURING THE TWELVE
MONTH PERIOD PRECEDING THE DATE ON WHICH SUCH CAUSE OF ACTION FIRST
AROSE. STRG SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS
UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF STRG HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, STRG SHALL HAVE NO
LIABILITY WHATSOEVER FOR ANY CLAIM RELATING IN ANY WAY TO ANY DECISION
MADE OR ACTION TAKEN BY LICENSEE IN RELIANCE UPON THE LICENSED
MATERIAL.

4. MISCELLANEOUS

4.1. Misuse or misrepresentation of Data. Licensee shall not intentionally or knowingly
use, quote or restate the Licensed Materials for the purpose of misleading third parties or
damaging the reputation of STRG and its products. In the event Licensee engages in such
conduct STRG shall have the right to terminate this Agreement immediately and without
notice.

4.2 Default. In the event that Licensee does not make any payment that is due and owing
under this Agreement, STRG shall be under no obligation to deliver Reports to Client until
such time as the overdue payment is paid, and STRG’s continuing to provide such reports
shall not constitute a waiver of Client’s obligation to make timely payments. If Client fails to
make payment for 45 days, STRG may notify Client of its delinquency by written notice. If,
thirty (30) days after receiving written notice from STRG, Client continues to fail to make
payment, STRG shall have the right to terminate the agreement immediately upon written
STRG Data Purchase Terms & Conditions October 2020
notice. STRG shall have the right to recover from Client any reasonable legal expenses it may
incur in collecting overdue payment from Client.

4.3 Liquidated Damages. In the event of a use, disclosure or distribution of the Licensed
Materials by Licensee that violates the terms of this Agreement,Licensee shall be required to
pay STRG an amount equal to the sum of (i) the highest aggregate price that STRG, in
accordance with its then-current published prices, could have charged the unauthorized
recipients for the Licensed Materials that are the subject of the violation, and (ii) the full price of
the lowest level of republishing rights that Licensee would have been required to purchase
from STRG in order to have the right to make the unauthorized distribution, regardless of
whether Licensee has previously paid for any lower level of republishing rights. This provision
shall survive indefinitely the expiration or termination of this Agreement for any reason and
does not waive either Party’s right to seek equitable or injunctive relief as may be available
from any court of competent jurisdiction to restrain the other from breaching or threatening to
breach this Agreement.

4.4 Subscription Term; Renewals. This clause is only applicable if you are
purchasing an annual subscription. Licensee’s subscription to the Licensed Materials, shall
be for a period of twelve (12) months, commencing on the date this Agreement is received and
processed (“Initial Term”). Licensee shall receive the first Report in its subscription within 30
days of STRG's receipt of this Agreement. Licensee’s subscription shall automatically renew
for successive twelve (12) month terms ("Renewal Terms" and, collectively with the Initial
Term, the "Term") unless a Party notifies the other Party of its decision to not renew for
another Term. Such notification may be by electronic mail or by telephone but in either case
shall be provided to the other Party no less than thirty (30) days prior to the end of the thencurrent Term. If neither Party sends a notice of non-renewal, and unless otherwise agreed to
by the Parties in a separate writing, the terms of this Agreement shall carry over and remain in
effect during each Term.

4.5 Termination. (a) STR may terminate this agreement without cause with thirty (30) days’
written notice to Licensee. (b) Either Party may terminate any portion of this Agreement in the
event of (1) any breach of a material term of this Agreement by the other Party which is not
remedied within thirty (30) days’ written notice to the breaching Party or (2) the other Party’s
making an assignment for the benefit of is creditors or the filing by or against such party of a
petition under any bankruptcy or insolvency law which is not discharged within 30 days of such
filing. (c) STR may terminate this Agreement immediately without further notice upon STR’s
good faith determination that Licensee is in violation of Section 1.8.

4.6 Post-Termination. Upon termination for any reason, including non-renewal pursuant to
Section 4.4, Licensee may no longer use any portion of the Licensed Materials in any manner.
Within ten (10) days after the effective date of termination or non-renewal. Licensee will
permanently delete or destroy all elements of the License Materials under its control and upon
request from STR, affirm the completion of this process by execution and delivery to STR of an
affidavit to that effect in a form reasonably satisfactory to STR. In addition, at its own expense
STR may audit Licensee’s compliance with this provision and the terms of the Agreement
provided that such audit will occur under Licensee’s reasonable supervision and Licensee
shall cooperate in the conduct of the audit.

4.7 Governing Law: Jurisdiction and Venue. This Agreement shall be construed in
STRG Data Purchase Terms & Conditions October 2020
accordance with the Laws of England. The Parties irrevocably agree that the Courts of
England shall have non-exclusive jurisdiction to settle any dispute (including claims for set-off
and counterclaims) which may arise in connection with the validity, effect, interpretation or
performance of, or the legal relationship established by this agreement or otherwise arising in
connection with this agreement. Nothing in this Agreement shall prevent either Party seeking
an interim injunction in any court of competent jurisdiction.

4.8 Assignment. Licensee is prohibited from assigning this Agreement or delegating any of
its duties under this Agreement without the prior written consent of STRG.
Independent Relationship. The relationship between the parties is that of an independent
contractor. Nothing in this agreement shall be deemed to create an employer/employee,
principal/agent, partnership or joint venture relationship.

4.9 Notices. All notices required or permitted to be given hereunder shall be in writing and
shall be deemed given i) when delivered in person, at the time of such delivery; ii) when
delivered by facsimile transmission or e-mail, at the time of transmission (provided, however,
that notice delivered by facsimile transmission shall only be effective if such notice is also
delivered by hand or deposited in the mail, postage prepaid, registered, certified or express
mail or by courier service within two (2) business days after its delivery by facsimile
transmission); iii) when delivered by a courier service or by express mail, at the time of receipt;
or iv) five (5) business days after being deposited in the mail, postage prepaid, registered or
certified mail, addressed (in any such case) to the addresses listed on the first page of this
Agreement or to such other address as either party may notify the other in writing.

4.10 Waiver. No waiver of any breach of this Agreement will be deemed to constitute a
waiver of any subsequent breach of the same or any other provision.

4.11 Entire Agreement; Translation. This Agreement constitutes the entire agreement of
the parties with respect to its subject matter, superseding in all respects any and all prior
proposals, negotiations, understandings and other agreements, oral or written, between the
parties, with the exception of the www.strglobal.com Terms of Use and Privacy Policy. Should
this Agreement or any attachment be translated from English, and unless otherwise agreed to
by the Parties in a separate writing, the English version of the Agreement, and any attachment,
shall be the controlling document.

4.12 Amendment. This Agreement may be amended only by the writtenagreement of both
parties.

4.13 Recovery of Litigation Costs. If any legal action or other proceeding is brought for the
enforcement of this Agreement, or because of a dispute arising out of or related to this
Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable
attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other
relief to which it or they may be entitled.

4.14 Notice of Unauthorized Access. Licensee shall notify STRG immediately upon
Licensee’s becoming aware of any facts indicating that a third party may have obtained or may
be about to obtain unauthorized access to the Licensed Materials, and shall fully cooperate
with STRG in its efforts to mitigate the damages caused by any such breach or potential
breach.
STRG Data Purchase Terms & Conditions October 2020

4.15 Conflicting Provisions. In the event that any provision of these Standard Terms and
Conditions directly conflicts with any other provision of the Agreement, the conflicting terms of
such other provision shall control.

4.16 Remedies. In addition to any other rights or remedies that either party may have under
applicable law for material breach of this Agreement, in the event of any material breach of this
Agreement by either party, and following notice to the breaching party by the non-breaching
party, the non-breaching party’s obligations under this contract shall terminate.

4.17 Indemnification. Licensee shall indemnify, defend and hold STRG harmless against
any claims, actions, losses, liabilities, damages and expenses (including reasonable attorney’s
fees and court costs) brought against STRG by any third party that relates to or arises out of
Licensee’s unauthorized disclosure of, misuse of or misrepresentation of the Licensed
Materials.

4.18 Website. Licensee acknowledges that it is subject to the Terms of Use and Privacy
Policy governing the use of www.str.com the terms of which are fully incorporated herein. In
the event of any conflict between any provision of theTerms of Use or Privacy Policy and any
provision of this Agreement, the terms of this Agreement shall control.

5Select your products

Total Cost:
USD $0.00
* Subscription costs listed above are based on three user licences. Our terms and conditions state clearly that licences or login details must not be shared. Multiple-user licences are available at a fixed cost for each additional colleague.
* Even if a market is not listed, custom markets are available upon request. Please contact ampm@str.com should you require a market not listed.