key: maxmind-geolite2-eula-2019 short_name: MaxMind GeoLite2 EULA 2019 name: MaxMind GeoLite2 End User License Agreement 2019 category: Copyleft owner: MaxMind homepage_url: https://www.maxmind.com/en/geolite2/eula spdx_license_key: LicenseRef-scancode-maxmind-geolite2-eula-2019 ignorable_authors: - the USA Department of Commerce - the USA Department of State. Specifically - the USA Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ignorable_urls: - http://www.maxmind.com/ - https://www.maxmind.com/ ignorable_emails: - legal@maxmind.com text: "GeoLite2 End User License Agreement\nRevised on December 20, 2019 \n\nBy downloading\ \ or using our GeoLite2 Database, you are accepting and agreeing to the terms and conditions\ \ set forth in this GeoLite2 End User License Agreement (this \"Agreement\").\n\nMaxMind,\ \ Inc. (\"MaxMind\"), a Delaware Corporation, offers a line of free databases that provide\ \ geographic information and other data associated with specific Internet protocol addresses\ \ (each a \"GeoLite2 Database\" and collectively the \"GeoLite2 Databases\"). The data available\ \ through the GeoLite2 Databases is referred to in this Agreement as the \"GeoLite2 Data\"\ . The term “Services” as used in this Agreement means the Geolite2 Databases and the GeoLite2\ \ Data available at GeoLite2 Free Downloadable Databases on the MaxMind website, www.maxmind.com\ \ (the \"Website\").\n\nADDITIONAL POLICIES, TERMS AND CONDITIONS.\n\nThe following policies\ \ are incorporated into this Agreement by reference and provide additional terms and conditions\ \ incorporated herein by this reference and/or related to the use of the Website:\n\nCreative\ \ Commons Corporation Attribution-ShareAlike 4.0 International License (the “Creative Commons\ \ License”)\nMaxMind Data Processing Addendum (“DPA”)\nMaxMind Privacy Policy (“PP”)\nMaxMind\ \ Website Terms of Use (“WT”)\nThis Agreement controls in the event of any conflict with the\ \ above-referenced documents. Thereafter, for any conflicts among the above 4 documents,\ \ the priority and precedence of interpretation is DPA, PP, WT and Creative Commons License.\n\ \nOTHER DATABASES AND PRODUCTS.\n\nThis Agreement does not apply to your use of any databases\ \ or products offered by MaxMind other than the Services. If you use other MaxMind databases\ \ or products, additional or other terms and conditions shall apply to your use of such databases\ \ and products, and you agree to pay all applicable charges.\n\nLIMITED GRANT OF RIGHTS.\n\ \nSubject to the terms and conditions of this Agreement, to the extent the Services contain\ \ any copyrightable elements those copyrightable elements are governed by the Creative Commons\ \ License. You must provide attribution of your use to MaxMind (an example of attribution:\ \ “This product includes GeoLite2 data created by MaxMind, available from https://www.maxmind.com“).\n\nIn addition and if you are using the Services for internal\ \ use, subject to the terms and conditions of this Agreement, MaxMind also hereby grants you\ \ a non-exclusive, non-transferable limited license to access and use the Services for your\ \ own internal business purposes.\n\nWith respect to either or both of the above licenses,\ \ (i) you agree to use the Services only in a manner that is consistent with applicable laws\ \ and (ii) you may not remove or obscure any copyright notice or other notice or terms of\ \ use contained in the Services.\n\nNO USE OF GEOLITE2 DATA FOR FCRA PURPOSES.\n\nThe parties\ \ understand and agree that MaxMind is not a consumer reporting agency as defined by the Fair\ \ Credit Reporting Act, 15 U.S.C. §1681 et seq. (\"FCRA\"), and that the Services do not constitute\ \ \"consumer reports\" as defined in the FCRA. You agree that you will not use the Services\ \ to determine any consumer's eligibility for any product or service to be used by a consumer\ \ for personal, family, or household purposes. You also agree that you will not use the Services\ \ (i) as a factor in establishing a consumer's eligibility for credit, (ii) as a factor in\ \ establishing a consumer's eligibility for insurance, (iii) for employment purposes, (iv)\ \ in connection with a determination of an individual's eligibility for a license or other\ \ benefit granted by a governmental authority, or (v) in connection with any permissible purpose\ \ as defined by the FCRA.\n\nACCURACY EXPECTATION: NO USE OF GEOLITE2 DATA FOR IDENTIFYING\ \ SPECIFIC HOUSEHOLDS OR INDIVIDUALS. \n\nDue to the nature of geolocation technology and\ \ other factors beyond its control, MaxMind cannot and does not guarantee the accuracy of\ \ the GeoLite2 Data. The GeoLite2 Databases contain only the geographic data available and\ \ the availability of such data is not consistent for all regions. Furthermore, none of the\ \ GeoLite2 Data reliably identifies any geographic level or division more precise than the\ \ zip code or postal code associated with an IP address. Accordingly, it is imperative that\ \ you and your end users not rely on the GeoLite2 Data to identify a specific household, individual,\ \ or street address. You acknowledge the foregoing limitation of the GeoLite2 Data and agree\ \ represent and warrant that you will not use or encourage others to use the GeoLite2 Data\ \ for the purpose of identifying or locating a specific household, individual, or street\ \ address.\n\nADDITIONAL RESTRICTIONS.\n\nDisclosure of Services. Except as explicitly permitted\ \ by the Creative Commons License, you will not disclose the Services to any third party or\ \ after notifying MaxMind of the anticipated disclosure and obtaining MaxMind’s prior written\ \ consent to the disclosure. To the extent you disclose the Services to a third party as permitted\ \ by this Agreement, you will impose upon the third party the same or substantially similar\ \ contractual duties imposed on you and the rights provided to MaxMind as in this Agreement,\ \ including those in LIMITED GRANT OF RIGHTS, ADDITIONAL RESTRICTIONS, and DATA PROCESSING\ \ and, where not inconsistent with the other terms of this Agreement, as in the Creative Commons\ \ License. You are responsible for the acts or omissions of any third parties with which\ \ you share the Services.\nSecurity of the Services. You will maintain reasonable and appropriate\ \ technical and organizational measures for the protection of the security, confidentiality,\ \ and integrity of the Services (including protection against unauthorized or unlawful processing\ \ and against accidental or unlawful destruction, loss, or alteration or damage, unauthorized\ \ disclosure of, or access to, such data). In the event you discover a data incident involving\ \ the Services, you shall promptly notify MaxMind and fully cooperate with MaxMind, at your\ \ own expense, in remediating the incident.\nDestructions of GeoLite2 Database and GeoLite2\ \ Data. From time to time, MaxMind will release an updated version of the GeoLite2 Databases,\ \ and you agree to promptly use the updated version of the GeoLite2 Databases. You shall cease\ \ use of and destroy (i) any old versions of the Services within thirty (30) days following\ \ the release of the updated GeoLite2 Databases; and (ii) all Services immediately upon termination\ \ of the license under this Agreement. Upon request, you shall provide MaxMind with written\ \ confirmation of such destruction.\nProvision of Data to MaxMind. The Services provided by\ \ MaxMind under this Agreement do not require MaxMind to process Personal Information on behalf\ \ of Licensee. Licensee shall not provide any Personal Information to MaxMind nor cause MaxMind\ \ to process any Personal Information on its behalf.\n\nINDEMNIFICATION.\n\nYou will indemnify\ \ and hold MaxMind and its affiliates harmless from and against any and all claims, causes\ \ of action, liabilities, penalties, costs or expenses (including reasonable attorney’s fees)\ \ incurred by MaxMind or any affiliate thereof as a result of your breach of any of the terms\ \ of this Agreement.\n\nFEES.\n\nThe Services are made available to you free of charge. MaxMind\ \ reserves the right to stop offering the Services free of charge at any time, and charge\ \ for future updates to the Services.\n\nCHANGES TO THE AGREEMENT/TERMINATION.\n\n(a) MaxMind\ \ may amend this Agreement at any time. Any such amendment(s) shall be binding and effective\ \ upon the earlier of (i) the date that is thirty (30) days after the posting of the amended\ \ Agreement on the Website or (ii) the date that MaxMind provides notice to you of the amended\ \ Agreement. You may immediately terminate this Agreement upon written notice to MaxMind if\ \ a change is unacceptable to you. Your continued use of the Services following notice to\ \ you of a change shall constitute your acceptance of the change.\n\n(b) This Agreement shall\ \ terminate immediately if, within the reasonable judgment of MaxMind, you materially breach\ \ any material term or condition of this Agreement and fail to remedy the breach within ten\ \ (10) days of receipt of written notice thereof stating MaxMind's intent to terminate upon\ \ non-cure of the breach. Your failure to comply with the Restrictions on Use is a breach\ \ of a material term of this Agreement.\n\nNO CONSEQUENTIAL DAMAGES/LIMITATION ON LIABILITY.\n\ \nUnder no circumstances, including negligence, shall MaxMind or any related party or supplier\ \ be liable for indirect, incidental, special, consequential, or punitive damages, or for\ \ loss of profits, revenue, or data, that are directly or indirectly related to the use of\ \ or the inability to access and use the Services, whether in an action in contract, tort,\ \ product liability, strict liability, statute, or otherwise, even if MaxMind has been advised\ \ of the possibility of those damages. The total liability of MaxMind, in connection with\ \ a loss or damages arising hereunder (an \"Occurrence\") is limited to the greater of $100\ \ or the lowest amount permitted by applicable law.\n\nNO WARRANTIES/AVAILABILITY.\n\nMaxMind\ \ furnishes the Services on an as-is, as-available basis. MaxMind makes no warranty, express\ \ or implied, with respect to their capability, accuracy, or completeness. All warranties\ \ of any type, express or implied, including the warranties of merchantability, fitness for\ \ a particular purpose, and non-infringement of third party rights are expressly disclaimed.\ \ Furthermore, since the availability of Services offered through the Website is dependent\ \ upon many factors beyond MaxMind's control, MaxMind does not guarantee uninterrupted availability\ \ of any such Services. Any such Services may be inoperative and/or unavailable due to technical\ \ difficulties or for maintenance purposes, at any time and without notice. While MaxMind\ \ does not warrant that the MaxMind Website is free of harmful components, MaxMind shall make\ \ commercially reasonable efforts to maintain the Website free of viruses and malicious code.\n\ \nGOVERNING LAW.\n\nThis Agreement shall be governed and interpreted pursuant to the laws\ \ of the Commonwealth of Massachusetts, applicable to contracts made and to be performed wholly\ \ in Massachusetts, without regard to principles of conflicts of laws. You specifically consent\ \ to personal jurisdiction in Massachusetts in connection with any dispute between you and\ \ MaxMind arising out of this Agreement. You agree that the exclusive venue for any dispute\ \ hereunder shall be in the state and federal courts in Boston, Massachusetts. This Agreement\ \ shall be construed and interpreted in English, and any translation hereof to a language\ \ other than English shall be for convenience only.\n\nNOTICES.\n\nNotices given under this\ \ Agreement shall be in writing and sent by facsimile, email, or by first class mail or equivalent.\ \ MaxMind shall direct notice to you at the email address or physical mailing address you\ \ provided in the registration process. You shall direct notice to MaxMind at the following\ \ address:\n\nMaxMind, Inc.\n14 Spring Street, Suite 3\nWaltham, MA 02451\nU.S.A.\nEmail:\ \ legal@maxmind.com\n\nEither party may change its notice contact information at any time\ \ by giving notice of the new contact information as provided in this section.\n\nCOMPLETE\ \ AGREEMENT.\n\nThis Agreement (which includes the policies, terms and conditions referenced\ \ above and incorporated herein) represents the entire agreement between you and MaxMind with\ \ respect to the subject matter hereof and supersedes all previous representations, understandings,\ \ or agreements, oral and written, between the parties regarding the subject matter hereof.\ \ The headings contained in this Agreement are for convenience only and shall not govern\ \ its interpretation.\n\nASSIGNMENT.\n\nYou may not assign this Agreement without MaxMind's\ \ prior written consent. MaxMind may assign its rights and obligations under this Agreement\ \ without your consent.\n\nSEVERABILITY.\n\nShould any provision of this Agreement be held\ \ void, invalid, or inoperative, such decision shall not affect any other provision hereof,\ \ and the remainder of this Agreement shall be effective as though such void, invalid, or\ \ inoperative provision had not been contained herein.\n\nCOMPLIANCE WITH LAW.\n\nNotwithstanding\ \ any provisions of this Agreement to the contrary, you shall in performance of this Agreement\ \ comply with all applicable laws, executive orders, regulations ordinances and rules of all\ \ governments (“Applicable Laws”), including all applicable export and re-export control laws\ \ and regulations, such as the Export Administration Regulations (“EAR”) maintained by the\ \ USA Department of Commerce, trade and economic sanctions maintained by the USA Treasury\ \ Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations\ \ (“ITAR”) maintained by the USA Department of State. Specifically, and without limitation,\ \ you agree that you shall not, directly or indirectly, sell, export, re-export, transfer,\ \ divert, or otherwise dispose of any Services (including products derived from or based on\ \ such Services) to any destination, entity, or person prohibited by the laws or regulations\ \ of the USA, without obtaining prior authorization from the competent government authorities\ \ as required by those laws and regulations."