Revised on: November 3rd, 2023
By purchasing a Commercial Redistribution License for the GeoLite2 Country Database or the GeoLite2 City Database, you are accepting and agreeing to the terms and conditions set forth in this MaxMind Commercial Redistribution License for GeoLite Databases (this "Agreement").
MaxMind, Inc. ("MaxMind"), a Delaware Corporation, offers a line of databases that provide geographic information and other data associated with specific internet protocol addresses (each a "GeoLite Database" and collectively the "GeoLite Databases"). The data available through the GeoLite Databases is referred to in this Agreement as the "GeoLite Data". The term "Services" as used in this Agreement encompasses the GeoLite Databases and the GeoLite Data therein. The GeoLite Databases are accessible via the MaxMind website, www.maxmind.com (the "Website").
"Licensed MaxMind Products" or "Named MaxMind Products" refers to the GeoLite Database for which you have purchased a Commercial Redistribution License and includes updates for 1 year.
"Licensee", "you" or "Reseller" refers to an individual, company, or entity that has purchased a Commercial Redistribution License for a GeoLite Database.
"Licensee Product" or "Reseller Product" refers to a product or service that you distribute with Named MaxMind Products.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to the use of the Website:
This Agreement controls in the event of any conflict with the above-referenced documents, except as otherwise provided in the section entitled PERSONAL DATA.
OTHER DATABASES AND PRODUCTS.
This Agreement does not apply to your use of any databases or products offered by MaxMind other than the GeoLite Databases and GeoLite Data therein. If you use other MaxMind databases or products, additional terms and conditions shall apply to your use of such databases and products.
LIMITED GRANT OF RIGHTS.
- This license grants you a nonexclusive, non transferable, limited license, to distribute an unlimited number of copies of the Named MaxMind Products within one Licensee Product, in return for an annual fee. For an additional annual fee, you may distribute an unlimited number of copies of the Named MaxMind Products within more than one Licensee Product.
- You have the right to display (disclosure) the GeoLite Data via the Licensee Product to your end users provided that you do not use or encourage others to use the GeoLite Data for the purpose of identifying or locating a specific household, individual, or street address.
- If you purchase GeoLite2 City Database, you may also use the GeoLite2 ASN Database at no additional cost. To clarify, your use of the GeoLite2 ASN Database is subject to the terms and conditions listed in this Agreement. To request access to the GeoLite2 ASN Database please contact email@example.com
- MaxMind licenses the Named MaxMind Products to you on an "as is" basis, without warranty of any kind.
You shall ensure that each End User who receives Named MaxMind Products within a Reseller Product have agreed to an End User License Agreement ("EULA") and the EULA must contain in substance the following:
- End User is granted only a personal, nontransferable, and nonexclusive right to use the GeoLite Database only for its internal purposes.
- No representations or warranties from MaxMind or from Licensee is made to the End User in connection with the GeoLite Databases.
- MaxMind shall not be liable to the End User for any indirect, consequential, incidental or special damages arising out of the use or license of the GeoLite Databases, regardless of the theory of liability (including negligence and strict liability).
ACCURACY EXPECTATION: NO USE OF GEOLITE DATA FOR IDENTIFYING SPECIFIC HOUSEHOLDS OR INDIVIDUALS.
Due to the nature of geolocation technology and other factors beyond its control, MaxMind cannot and does not guarantee the accuracy of the GeoLite Data. The GeoLite Databases contain only the geographic data available and the availability of such data is not consistent for all regions. Furthermore, none of the GeoLite Data reliably identifies any geographic level or division more precise than the postal code associated with an IP address. Accordingly, it is imperative that you and your end users not rely on the GeoLite Data to identify a specific household, individual, or street address. You acknowledge the foregoing limitation of the GeoLite Data and agree that you will not use or encourage others to use the GeoLite Data for the purpose of identifying or locating a specific household, individual, or street address.
- Disclosure of GeoLite Database and GeoLite Data. Except as explicitly permitted by this Agreement, you will not disclose the GeoLite Databases or GeoLite Data 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 GeoLite Databases or GeoLite Data 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 PERSONAL DATA. You are responsible for the acts or omissions of any third parties with which you share the GeoLite Databases or GeoLite Data.
- Security of GeoLite Database and GeoLite Data. You will maintain reasonable and appropriate technical and organizational measures for the protection of the security, confidentiality, and integrity of the GeoLite Databases and GeoLite Data (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 GeoLite Databases or GeoLite Data, you shall promptly notify MaxMind and fully cooperate with MaxMind, at your own expense, in remediating the incident.
- Destructions of GeoLite Database and GeoLite Data. From time to time, MaxMind will release an updated version of the GeoLite Databases, and you agree to promptly use the updated version of the GeoLite Databases. You shall cease use of and destroy (i) any old versions of the GeoLite Databases and GeoLite Data within thirty (30) days following the release of the updated GeoLite Databases; and (ii) all GeoLite Databases and GeoLite Data immediately upon termination of the license under this Agreement. Upon request, you shall provide MaxMind with written confirmation of such destruction.
The parties hereby agree to and incorporate by reference the DPA, which shall apply to the extent the parties process any Personal Information (as defined in the DPA) in connection with your use of the Services. The provisions of the DPA relating to the processing of Personal Information (as defined in the DPA) shall control over any conflicting provisions elsewhere in this Agreement. For the removal of doubt, the DPA is subject to the limitations of liability set forth in this Agreement.
You 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.
CHANGES TO THE AGREEMENT/TERMINATION.
- 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.
- 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.
NO CONSEQUENTIAL DAMAGES/LIMITATION ON LIABILITY.
UNDER 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.
MAXMIND 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, THE AVAILABILITY OF SERVICES OFFERED THROUGH THE WEBSITE IS DEPENDENT UPON MANY FACTORS BEYOND MAXMIND'S CONTROL, MAXMIND DOES NOT GUARANTEE UNINTERRUPTED OR 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.
This 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.
APPLICATION PROGRAM INTERFACES (APIs).
MaxMind may facilitate your access to certain application program interfaces ("APIs") for use with the GeoLite Databases and other MaxMind products. Some APIs may have been developed by third parties. MaxMind and Reseller acknowledge that the APIs are not GeoLite Databases or other MaxMind products as defined in this Agreement and that MaxMind does not provide any warranties or indemnification for the APIs.
- MaxMind shall provide you with notice in writing and sent by email or first class mail or equivalent to the email address or physical mailing address listed in the MaxMind account portal as being associated with your account. Provided that, if you do not have an email address associated with your account, MaxMind may instead send notice to you at the email address listed in the MaxMind account portal for each admin user of your account. You may update your notice contact information by updating it in the MaxMind account portal.
- You shall provide notice to MaxMind in writing and sent by email (with confirmation of delivery) or first class mail or equivalent at the following address:
51 Pleasant Street #1020
Malden, MA 02148
MaxMind may change its notice contact information by updating it in this Agreement.
This Agreement (which includes the policies 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.
You may not assign this Agreement without MaxMind's prior written consent. MaxMind may assign its rights and obligations under this Agreement without your consent.
Should 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.
COMPLIANCE WITH LAW.
Notwithstanding 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.