MaxMind Sandbox License Agreement (August 3, 2022)
This MaxMind Sandbox License Agreement (the "License Agreement") is a contract between you and MaxMind, Inc. ("MaxMind") and applies to your use of the MaxMind Sandbox and any related products and services available through sandbox.maxmind.com (collectively, the "Sandbox Service"). For the removal of doubt, this License Agreement does not apply to your use of any of MaxMind’s products or services accessible outside the sandbox.maxmind.com test environment (the "Production Services"). To the extent you have previously executed, or in the future execute, a license agreement applicable to your use of the Production Services, the terms and conditions of that license agreement shall govern your use of the Production Services and nothing contained in this License Agreement shall impact the terms and conditions of that license agreement.
By clicking on the words "I Agree" below, you agree that your use of the Sandbox Service is subject to the terms and conditions set forth in this License Agreement.
The following policies are incorporated into this License Agreement by reference and provide additional terms and conditions related to the use of the Sandbox Service:
- MaxMind Data Processing Addendum (the "Addendum")
- For the Portuguese translation version of this MaxMind Data Processing Addendum, click here.
- Para a versão traduzida em português da MaxMind Data Processing Addendum, clique aqui.
- Para a versão traduzida em português da Política de Privacidade da MaxMind, clique aqui.
This License Agreement controls in the event of any direct conflict with the above-referenced policies except as otherwise provided in Section 4 (Personal Information).
- "minFraud Service" refers to the test version of MaxMind’s minFraud service made available through the Sandbox Service.
- "GeoIP2 Web Service" refers to the test version of MaxMind’s GeoIP2 Web Service made available through the Sandbox Service.
- "Services" as used in this License Agreement encompasses the minFraud Service and the GeoIP2 Web Service.
MaxMind does not make any promises or claims as to the availability or uptime of the Sandbox Service. The Sandbox Service is a test environment. You may only submit to the Services test data as identified and provided by MaxMind on the Sandbox Service (the "Test Data"), you may not submit any other data to the Services. While MaxMind has made reasonable efforts to exclude any Personal Information (as defined in the Addendum) from the Test Data, MaxMind cannot guarantee that there is no Personal Information included in the Test Data. Any accounts or transactions made on the MaxMind Sandbox are not real and no real IP address intelligence or fraud detection information will change hands.
The parties hereby agree to and incorporate by reference the Addendum which shall apply to the extent the parties process any Personal Information (as defined in the Addendum) in connection with your use of the Sandbox Service. The provisions of the Addendum relating to the processing of Personal Information (as defined in the Addendum) shall control over any conflicting provisions elsewhere in this License Agreement. For the removal of doubt, the Addendum is subject to the limitations of liability set forth in this License Agreement.
MAXMIND FURNISHES THE SANDBOX SERVICE ON AN AS-IS, AS-AVAILABLE BASIS. MAXMIND MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ITS 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 THE SANDBOX SERVICE IS DEPENDENT UPON MANY FACTORS BEYOND MAXMIND'S CONTROL, MAXMIND DOES NOT GUARANTEE THE UNINTERRUPTED AVAILABILITY OF THE SANDBOX SERVICE. THE SANDBOX SERVICE MAY BE INOPERATIVE AND/OR UNAVAILABLE DUE TO TECHNICAL DIFFICULTIES OR FOR MAINTENANCE PURPOSES, AT ANY TIME AND WITHOUT NOTICE. MAXMIND MAY AT ANY TIME DISCONTINUE THE SANDBOX SERVICE.
LIMITATION OF 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 SANDBOX SERVICE, 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 THIS LICENSE AGREEMENT IS LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU, IF ANY, UNDER THIS LICENSE AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. YOU HEREBY RELEASE MAXMIND AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
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 License Agreement, including the Addendum.
Changes to the License Agreement/Termination. MaxMind may amend this License 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 License Agreement or (ii) the date that MaxMind provides notice to you of the amended License Agreement. You may immediately terminate this License Agreement upon written notice to MaxMind if a change is unacceptable to you. Your continued use of the Sandbox Service following notice to you of a change shall constitute your acceptance of the change. MaxMind may terminate this Licensee Agreement at any time with or without cause.
Governing Law. This License 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 License Agreement. You agree that the exclusive venue for any dispute hereunder shall be in the state and federal courts in Boston, Massachusetts. This License Agreement shall be construed and interpreted in English, and any translation hereof to a language other than English shall be for convenience only.
Notices. Notices given under this License Agreement shall be in writing and sent by 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:
51 Pleasant Street #1020
Malden, MA 02148
Either party may change its notice contact information at any time by giving notice of the new contact information as provided in this section.
Complete Agreement. This License Agreement (which includes the Additional Policies referenced in Section 1 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.
Assignment. You may not assign this License Agreement without MaxMind's prior written consent. MaxMind may assign its rights and obligations under this License Agreement without your consent.
Survival. Sections 4 (Personal Information), 5 (No Warranty/Availability), 6 (Limitation of Liability), 7 (Indemnification) and 8 (Miscellaneous) shall survive the termination of this License Agreement.
Severability. Should any provision of this License Agreement be held void, invalid, or inoperative, such decision shall not affect any other provision hereof, and the remainder of this License Agreement shall be effective as though such void, invalid, or inoperative provision had not been contained herein.