Revised on May 23, 2019
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 GeoLite2 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 "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 encompasses the GeoLite2 Databases and the GeoLite2 Data therein. The GeoLite2 Databases are accessible via the MaxMind website, www.maxmind.com (the "Website").
"Named MaxMind Products" refers to the GeoLite2 Database for which you have purchased a Commercial Redistribution License and includes updates for 1 year.
"Reseller" refers to an individual, company or entity that has purchased a Commercial Redistribution License for a GeoLite2 Database. Before purchasing, please contact MaxMind at email@example.com with the subject line "Question about GeoLite2 Database" if you have any questions or want to make sure this license meets your needs.
"Reseller Product" refers to a Reseller product or service that the Reseller distributes 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 policies.
OTHER DATABASES AND PRODUCTS.
This Agreement does not apply to your use any databases or products offered by MaxMind other than the GeoLite2 Databases and GeoLite2 Data therein. If you use other MaxMind databases or products, additional terms and conditions shall apply to your use of such databases and products, and you agree to pay all applicable charges.
LIMITED GRANT OF RIGHTS.
- This license grants you a nonexclusive, non transferable, perpetual license, to distribute an unlimited number of copies of the Named MaxMind Products within one Reseller 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 Reseller Product. To receive a customized annual fee, please contact MaxMind at firstname.lastname@example.org with the subject line "Customize Annual Fee for GeoLite2 Databases".
- You have the right to modify the Named MaxMind Products and redistribute the software with the changes; however, any such changes must be relayed back to MaxMind, and copyright in any modification to the Named MaxMind Products shall be assigned to MaxMind.
- You shall not send or cause to be sent any unsolicited email ("spam"), including newsgroup postings, regarding the Named MaxMind Products or services involving Named MaxMind Products.
- 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 subjected to the terms and conditions listed in this Agreement.
- 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 substances the following:
- End User is granted only a personal, nontransferable, and nonexclusive right to use the GeoLite2 Database only for its internal business purposes.
- No representations or warranties from MaxMind or from Reseller is made to the End User in connection with the GeoLite2 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 GeoLite2 Databases, regardless of the theory of liability (including negligence and strict liability).
- End User shall not use or encourage others to use the GeoLite2 Data for the purpose of identifying or locating a specific household or street address.
NO USE OF GEOLITE2 DATA FOR FCRA PURPOSES.
The 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.
NO USE OF GEOLITE2 DATA FOR IDENTIFYING SPECIFIC HOUSEHOLDS.
Due 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 or street address. You acknowledge the foregoing limitation of the GeoLite2 Data and 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 or street address.
- You agree that, if and to the extent the IP addresses you receive from MaxMind constitute personal data under applicable laws, you will only process such personal data in accordance with applicable laws and contractual obligations. You agree that you are responsible for the legality of your use of the personal data.
- You will maintain appropriate technical and organizational measures for the protection of the security, confidentiality, and integrity of any personal 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, personal data). In the event you discover or reasonably suspect unauthorized third party access to or acquisition of any personal data, you will promptly notify MaxMind and fully cooperate with MaxMind, at your own expense, in remediating the incident.
- To the extent you receive personal data from MaxMind that is subject to UK Data Protection Act 2018 (the "UK DPA") or Regulation (EU) 2016/679, the General Data Protection Regulation, together with any additional implementation legislation, rules or regulations ("GDPR"), this Section (d) shall also apply. You act an independent controller with respect to such personal data and will comply with your obligations under the GDPR and/or the UK DPA as applicable. With respect to transfers of personal data from Europe and Switzerland, MaxMind self-certifies to and complies with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce. To address the Onward Transfer Principle, MaxMind requires that you agree that you will provide at least the same level of protection as is required under the Privacy Shield Principles. If you determine that you can no longer meet your obligations under this Section (d), you will promptly notify MaxMind of such determination and cease processing the personal data or take other reasonable and appropriate steps to remediate as required by MaxMind.
You agree to defend, indemnify, and hold MaxMind harmless with respect to any claims, damages, awards, or assessments resulting in whole or in part from your breach of any representation or warranty made under 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 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, since availability of Services offered through the Website is dependent upon many factors beyond MaxMind's control, MaxMind does not guarantee the 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.
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 Reseller's access to certain application program interfaces ("APIs") for use with the GeoLite2 Databases and other MaxMind products. Some APIs may have been developed by third parties. MaxMind and Reseller acknowledge that the APIs are not GeoLite2 Databases or other MaxMind products as defined in this Agreement and that MaxMind does not provide any warranties or indemnification for the APIs.
Notices 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:
14 Spring Street, Suite 3
Waltham, MA 02451
Either party may change its notice contact information at any time by giving notice of the new contact information as provided in this section.
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.