Claritas PRIZM End User License Agreement

The site ("SimplyAnalytics") is made available by SimplyAnalytics, Inc. ("SimplyAnalytics") with assorted content provided by Claritas, and/or Claritas' third party suppliers (collectively, "Suppliers"). All information provided by Claritas and made available through SimplyAnalytics ("Claritas Data") may be used solely under the following End User License Agreement ("EULA"). This is a legal agreement between you, the end user ("you" or an "End User"), and SimplyAnalytics. By clicking the "I Agree" button below, you agree to abide by all of the following terms and conditions:

1.  Web Site License. As an End User of SimplyAnalytics, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use Claritas Data accordance with this EULA.

2.  Limitations on Use. The Claritas Data is for personal (Public Library End Users) or academic (Educational Institution End Users) use only and not for commercial exploitation, as further described herein. Claritas and/or its Suppliers, and Claritas and/or its Suppliers only, own(s) the Claritas Data and retain(s) all rights to the Claritas Data and any misuse or unauthorized disclosure or distribution of the Claritas Data will cause irreparable harm, which would entitle SimplyAnalytics and/or Claritas to immediate injunctive relief. You may use Claritas Data for personal use only and not commercial exploitation, as further described herein, unless your organization has been granted written permission to do otherwise by Claritas. You may not (i) for the purposes of directly or indirectly obtaining monetary reward, distribute, disclose, rent, lease, loan, sell, resell, transfer, hire, publish, or sublicense Claritas Data or SimplyAnalytics or a derivative work thereof to any third party by any means, including any form of on-line technology (i.e., the World Wide Web, Internet, etc.), allow or facilitate an unauthorized third party to access Claritas Data or SimplyAnalytics, or engage in any like form of commercial exploitation, (ii) use the Claritas Data or SimplyAnalytics to prepare, verify, supplement or modify any mailing/marketing list which is sold, rented or otherwise provided to third parties, (iii) market, license or sell an derivative work based upon any portion of the Claritas Data or SimplyAnalytics, (iv) use or store any portion of the Claritas Data in a data warehouse, (v) use the name, trademarks or logos of Claritas or SimplyAnalytics in any advertising or promotional material, (vi) decode, decompile, reverse engineer, or disassemble the Claritas Data or SimplyAnalytics, (vii) in the case of Educational Institution End Users, use the Claritas Data for any school/university admissions or recruitment, consulting or other non-academic purpose, or (viii) use SimplyAnalytics or any portion of the Claritas Data as a factor in determining an individual's eligibility for personal credit, insurance, employment or any other purpose for which a consumer report may be used under the Fair Credit Reporting Act, or in any way that could result in adverse action or disparate treatment under the Equal Credit Opportunity Act. No Claritas Data may be used in any legal proceeding, except in the case of a court order and then only after End User has acted to preserve Claritas' right to seek protection. Authorized End Users may, in accordance with the copyright laws of the United States: use SimplyAnalytics to search, view, retrieve, display and print off copies of any parts of the Claritas Data. In addition, End Users may use SimplyAnalytics to save limited portions of the Claritas Data in print or electronic form. End Users may also export limited portions of the Claritas Data from SimplyAnalytics, which is electronically governed by SimplyAnalytics in accordance with a Master Value-Added Reseller Agreement between Claritas and SimplyAnalytics, up to the following personal limits for each individual End User:

    Educational Institution:  50 Megabytes (MB) per semester (reset each academic semester) with no more than 12.5 MB per month.,

    Public Library:  30 Megabytes (MB) per year (12 months) with no more than 5 MB per day.

3.  Registration. You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your SimplyAnalytics account, whether or not actually or expressly authorized by you.

4.  Privacy. Your use of Claritas Data is subject to SimplyAnalytics's Privacy Policy.

5.  Indemnification. You shall indemnify and hold SimplyAnalytics and Claritas harmless from any and all loss, damage, liability and costs, including attorney's fees, resulting from any claim or demand arising from any misuse, disclosure, misrepresentation or violation of law or regulation by you.

6.  Warranty. THE CLARITAS DATA IS PROVIDED "AS IS." NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE. SimplyAnalytics or Claritas shall not be liable for the accuracy of any Claritas Data; for any errors or omissions of the Claritas Data; or for any loss or damage resulting from your improper use or storage of the Claritas Data.

7.  Limitation of Damages. IN NO EVENT SHALL SimplyAnalytics, CLARITAS OR ANY CLARITAS SUPPLIER BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES DUE TO LOSS OF CLARITAS DATA OR OF PROFITS ARISING IN CONNECTION WITH THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY. NEITHER SimplyAnalytics, CLARITAS NOR ANY CLARITAS SUPPLIER SHALL BE LIABLE FOR ANY CLAIM BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION WAS DISCOVERED, NOR FOR ANY CLAIM IN EXCESS OF AMOUNTS PAID DURING THE PRECEDING TWELVE MONTHS, IN CONNECTION WITH THE CLARITAS DATA GIVING RISE TO THE CLAIM.

8.  Termination. This EULA will automatically terminate one (1) year following delivery of any Claritas Data. Either party may terminate this EULA in the event of a material breach by the other party which remains uncured after 30 days following notice. Within 10 days following termination, End User must purge and destroy all copies and excerpts of the Claritas Data and all supporting documentation and upon request provide written certification of such destruction and purging.

9.  General Provisions. This EULA and the parties' rights and duties hereunder will be interpreted under the laws of the State of New York.

10.  Modifications to the End User License Agreement (EULA). SimplyAnalytics reserves the right to change this EULA at any time. Updated versions of the EULA will appear in SimplyAnalytics and are effective immediately. You are responsible for regularly reviewing the EULA. Continued use of SimplyAnalytics after any such changes constitutes your consent to such changes.