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End User License Agreement
Applied Geographic Solutions End User License Agreement
The site ("SimplyAnalytics") is made available by Geographic Research, Inc ("Geographic Research") with assorted content provided by our Data Provider, Applied Geographic Solutions ("AGS"). All Applied Geographic Solutions information made available through SimplyAnalytics ("Data") may be used solely under the following End User License Agreement ("EULA").
1. Web Site License. As an end user of SimplyAnalytics you are granted a nonexclusive, nontransferable, revocable, limited license to access and use AGS Data in accordance with the AGS End User License Agreement.
2. Limitations on Use. The AGS Data on SimplyAnalytics is for personal use only and not for commercial exploitation. AGS and AGS only, owns the data and retains all rights to the data and any misuse of the data may cause substantial damage to AGS and that the Customer will work with AGS & Geographic Research to resolve this breach to the mutual satisfaction of both parties. You may use AGS Data for personal, non-commercial use only unless your organization has been granted permission to do so otherwise by Applied Geographic Solutions. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell or sublicense AGS Data. Authorized users may, in accordance with the copyright laws of the United States; search, view, retrieve, display and print off copies of any parts of the content. In addition, end users may save limited portions of the content in print or electronic form. End users may also export limited portions of the AGS Data from SimplyAnalytics, which is electronically governed by Geographic Research in accordance with our reseller agreement, up to the following personal limits:
Academic Institution: 50 Megabytes of AGS Census based data & 25 Megabytes of AGS Business CountsData per academic semester (reset each academic semester)
Public Library: 25 Megabytes of AGS Census based data & 5 Megabytes of AGS Business CountsData per 12 month period (reset each year)
3. Registration. You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
5. Modifications to the End User License Agreement (EULA). Geographic Research reserves the right to change this EULA at any time. Updated versions of the EULA will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the EULA. Continued use of the Web Site after any such changes constitutes your consent to such changes.
Nielsen PRIZM End User License Agreement
The site ("SimplyAnalytics") is made available by Geographic Research, Inc. ("Geographic Research") with assorted content provided by Nielsen Claritas, a division of The Nielsen Company (US), LLC ("Nielsen") and/or Nielsen's third party suppliers (collectively, "Suppliers"). All information provided by Nielsen and made available through SimplyAnalytics ("Nielsen 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 Geographic Research. 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 Nielsen Data accordance with this EULA.
2. Limitations on Use. The Nielsen 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. Nielsen and/or its Suppliers, and Nielsen and/or its Suppliers only, own(s) the Nielsen Data and retain(s) all rights to the Nielsen Data and any misuse or unauthorized disclosure or distribution of the Nielsen Data will cause irreparable harm, which would entitle Geographic Research and/or Nielsen to immediate injunctive relief. You may use Nielsen 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 Nielsen. 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 Nielsen 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 Nielsen Data or SimplyAnalytics, or engage in any like form of commercial exploitation, (ii) use the Nielsen 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 Nielsen Data or SimplyAnalytics, (iv) use or store any portion of the Nielsen Data in a data warehouse, (v) use the name, trademarks or logos of Nielsen or Geographic Research in any advertising or promotional material, (vi) decode, decompile, reverse engineer, or disassemble the Nielsen Data or SimplyAnalytics, (vii) in the case of Educational Institution End Users, use the Nielsen Data for any school/university admissions or recruitment, consulting or other non-academic purpose, or (viii) use SimplyAnalytics or any portion of the Nielsen 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 Nielsen 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 Nielsen's 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 Nielsen Data. In addition, End Users may use SimplyAnalytics to save limited portions of the Nielsen Data in print or electronic form. End Users may also export limited portions of the Nielsen Data from SimplyAnalytics, which is electronically governed by Geographic Research in accordance with a Master Value-Added Reseller Agreement between Nielsen and Geographic Research, 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.
5. Indemnification. You shall indemnify and hold Geographic Research and Nielsen 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 NIELSEN 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. Geographic Research or Nielsen shall not be liable for the accuracy of any Nielsen Data; for any errors or omissions of the Nielsen Data; or for any loss or damage resulting from your improper use or storage of the Nielsen Data.
7. Limitation of Damages. IN NO EVENT SHALL GEOGRAPHIC RESEARCH, NIELSEN OR ANY NIELSEN SUPPLIER BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES DUE TO LOSS OF NIELSEN DATA OR OF PROFITS ARISING IN CONNECTION WITH THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY. NEITHER GEOGRAPHIC RESEARCH, NIELSEN NOR ANY NIELSEN 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 NIELSEN DATA GIVING RISE TO THE CLAIM.
8. Termination. This EULA will automatically terminate one (1) year following delivery of any Nielsen 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 Nielsen 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). Geographic Research 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.
END-USER DATA PRODUCT LICENSE AGREEMENT
Environics Analytics Group Ltd ("Environics Analytics") grants you a non-transferable, non-exclusive license to use the data, information and/or documentation ("Data") contained in this product.
Environics Analytics is the owner or authorized reseller of all intellectual property rights, including copyright, contained herein in the Data. Users of the Data do so only under license. Distribution of limited portions of the Data contained in SimplyAnalytics software output in print or electronic form may be made within the same institution / organization only for non-commercial purposes. No other reproduction, copying, sharing reselling or otherwise distributing any portion of the Data is permitted.
Canadian map files contain information and intellectual property that is copyright by Statistics Canada, TeleAtlas and Environics Analytics. Canadian Postal code files contain information and intellectual property that is copyright by Statistics Canada, Canada Post Corporation and Environics Analytics. Canadian Census files contain information and intellectual property that is copyright by Statistics Canada and Environics Analytics. All other data is copyright Environics Analytics and those for whom Environics Analytics is the authorized reseller. Environics Analytics is an Authorized Distributor (#6894) of Statistics Canada. No information on any individual was made available to Environics Analytics with respect to Census and other Statistics Canada data.
Environics Analytics warrants that the Data in this product was current on the date it was provided to you and that it substantially conforms to all written and verbal descriptions and documentation made or given within 90 days prior to providing the product to you. This is the only warranty made by Environics Analytics. No other warranty is made, either expressed or implied. Environics Analytics' only obligation under this warranty is limited to correcting any identified data error or to refund, at Environics Analytics' sole discretion, the full license fee paid for the non-conforming product or portion thereof.
This warranty is limited as above. Under no circumstances shall Environics Analytics be liable for any damages, claims or losses incurred by the user. This product is sold as is, and Environics Analytics makes no warranty of merchantability or fitness for any particular purpose.
This agreement shall be bound by the laws of the Province of Ontario, Canada.
Any use of the Data and/or documentation pertaining to the Data contained in this product constitutes your acceptance of the terms of this end-user agreement.
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