We received a few responses from members to our August 15, 2016 notice announcing the launch of the On-Line Subscriber Agreement Acceptance program. They were interested in accessing a copy of the revised Subscriber License and Access Agreement (SLAA) that they could review before the launch of the program on September 1, 2016. They were also interested in seeing the specific revisions to the agreement.
For those of you who wish to start reviewing the Subscriber License and Access Agreement (SLAA) before the launch of the program, you may access the SLAA by clicking on this link: SLAA – v2015-07-28.
The current SLAA is always accessible on the REsearch Login screen under IMPORTANT RESOURCES. Look for the link called “MLS Subscription License & Access Agreement“.
Revisions were made on Page 3 of the agreement. They are shown in the red-lined excerpt from the SLAA below. Note that only the Principal Broker Subscribers (PBS) make the selection of Option I or II, and his/her selection applies to all of his/her affiliated subscribers.
The revisions to section (c) below apply to Associate and Support Subscribers. These were made to make their assignment and or license of their contributed content to HIS consistent with that of their respective PBS. All subscribers must at least grant HIS a license for the use of their contributed content.
These revisions to the SLAA were necessary to be consistent with NAR revisions to their MLS Policy Statement 7.85. We announced these revisions in a bulletin we sent out in May.
6. Intellectual property
If Subscriber is a PBS, PBS Election regarding copyrights in Subscriber Contributions. If Subscriber is a PBS, Subscriber must elect from the following options. If no election is indicated, then Subscriber is deemed to have selected Option I.
OPTION I
(a) Assignment from Subscriber. Subscriber hereby unconditionally assigns to HIS all right, title and interest, including all right, title and interest s under U.S. and international copyright law, in the Subscriber Contribution, including, without limitation, any copyrights therein under U.S. and international copyright law; Subscriber warrants that it has the authority to make this assignment. HIS agrees during the term of this Agreement not to license or distribute the Subscriber Contribution to any third party that is not a real estate brokerage or appraisal subscriber to the HIS Service if Subscriber has indicated in writing its desire to withhold the Subscriber Contribution from such third party. Subscriber acknowledges that once it has made the election agreeing to this section, all copyrights in all portions of the Subscriber Contribution, whether submitted prior to or after executing this Agreement, shall irrevocably vest in HIS.
(b) HIS Obligations. HIS hereby grants to Subscriber a non-exclusive, perpetual, world-wide, transferable, royalty-free, license to reproduce, prepare derivative works of, distribute, display, perform and license (including sublicenses through multiple tiers) the Subscriber Contribution and those portions of the HIS Database relating to Participant’s listings. HIS shall secure the rights of Subscriber hereunder by obtaining assignments and licenses from Subscriber Affiliates and others as necessary; HIS shall make quarterly registrations of the copyrights in the HIS Database, including the Subscriber Contribution; HIS shall employ reasonable efforts to detect and hinder third parties using the Subscriber Contribution without Subscriber’s permission.
OPTION II
(a) License from Subscriber. Subscriber hereby grants to HIS a non-exclusive, perpetual, world-wide, transferable, royalty-free license to reproduce, prepare derivative works of, distribute, display, perform and license (including sublicenses through multiple tiers) the Subscriber Contribution. Subscriber warrants that it has the authority to grant this license. HIS agrees during the term of this Agreement not to license or distribute the Subscriber Contribution to any third party that is not a real estate brokerage or appraisal subscriber to the HIS Service if Subscriber has indicated in writing its desire to withhold the Subscriber Contribution from such third party.
(b) HIS has no obligations to protect. Subscriber acknowledges that: (i) HIS makes no grant of license or assignment to Subscriber of any rights in the HIS Database except as set forth in Section 6(e); (ii) HIS will make no effort to register the copyrights in the Subscriber Contribution, and Subscriber will be responsible for all costs and efforts associated with registration; (iii) timely copyright registration is a prerequisite to suing a copyright infringer, and is necessary in order to obtain certain remedies available under the U.S. Copyright Act; (iv) HIS will employ no efforts whatsoever to detect or hinder third parties using the Subscriber Contribution without Subscriber’s permission; (v) HIS will make no effort to secure for Subscriber the right to use copyright works created by Subscriber Affiliates or third parties.
(c) If Subscriber is an Associate Subscriber or Support Subscriber. Depending on whether Subscriber’s PBS or PAS has selected Option I or Option II above, the following terms shall apply:
(i) If Subscriber’s PBS or PAS has selected Option I, Subscriber hereby unconditionally assigns to Subscriber’s PBS or PASHIS all right, title and interest including all rights under U.S. and international copyright law, in the Subscriber Contribution. To the extent that Subscriber Contribution has also purported to assign its interests in the Subscriber Contribution to Subscriber’s PBS or PAS, the assignment in this paragraph is null and void. To the extent that Subscriber does not possess the rights to permit the foregoing assignment, Subscriber hereby grants to HIS a non-exclusive, perpetual, world-wide, transferable, royalty-free license to reproduce, prepare derivative works of, distribute, display, perform and license (including sublicenses through multiple tiers) the Subscriber Contribution. Subscriber may use the Subscriber Contribution only as necessary to achieve the aims of Subscriber’s PBS or PAS unless Subscriber’s PBS or PAS provides otherwise.
(ii) If Subscriber’s PBS or PAS has selected Option II, Subscriber hereby grants to HIS a non-exclusive, perpetual, world-wide, royalty-free license to reproduce, prepare derivative works of, distribute, display, perform and license (including sublicenses through multiple tiers) the Subscriber Contribution and those portions of the HIS Database relating to Subscriber’s listingsassigns to HIS all right, title and interest, including all rights under U.S. and international copyright law, in the Subscriber Contribution. To the extent that Subscriber has also purported to assign its interests in the Subscriber Contribution to Subscriber’s PBS or PAS, the assignment in this paragraph is null and void. HIS grants to Subscriber a non-exclusive, perpetual, world-wide, transferable, royalty-free license to reproduce, prepare derivative works of, distribute, display, perform, and license (including licenses through multiple tiers) the Subscriber Contribution.
(d) Warranties. Subscriber warrants that it has the authority to make all assignments and licenses set out in this Agreement. Subscriber further warrants that (i) the Subscriber Contribution does not infringe on the copyright or other intellectual property rights of any third party; and (ii) Subscriber has the written consent of any party necessary to provide the Subscriber Contribution to HIS. If the Subscriber is a PBS or PAS, he/she has the authority to bind the PBS’s or PSA’s Subscriber Firm to the terms of this Agreement.
Should you have any questions, please feel free to contact Diana Haraguchi, VP-Administration, by calling 1-800-628-3121 ext. 172 if calling from the neighbor islands, or 599-4224 ext. 172 if calling from Oahu. You may also send an email to Diana@HiInfo.com.
Mahalo!