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MaxMind End-User License (March 5 2018)
By clicking on the words "I Agree" below, you agree that your use of the MaxMind products and services (collectively, the "Services") is subject to the terms and conditions set forth in this MaxMind End User License Agreement (this "Agreement").
MaxMind, Inc. ("MaxMind") provides a line of database services and products that provide geographic information and other data associated with specific Internet protocol addresses (each a "GeoIP Database" and collectively the "GeoIP Databases"). The data available through the GeoIP Databases is referred to in this Agreement as the "GeoIP Data". The GeoIP Databases are accessible via the MaxMind website, www.maxmind.com (the "Website"). All references to the Services in this Agreement include the GeoIP Databases and the GeoIP Data.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to the use of the Website as well as specific services and products provided by MaxMind:
This Agreement controls in the event of any conflict with the above-referenced policies.
(a) "Geolocation Functionality" includes, but is not limited to, the distribution of content based on geographic location, any ability to view the GeoIP Data, any ability to view or access graphical or textual representations of the GeoIP data, and any ability to initiate queries to the GeoIP Databases directly or via a licensee product.
(b) a "ShopID" is an input for a query to the minFraud Service. The ShopID is your internal identification code or name for the shop, affiliate, merchant, or customer that is the source of the online transaction for which the minFraud Service is being queried.
(c) "Restricted Business Purpose(s)" are limited to customizing website content, fraud prevention, geographic reporting, and similar business purposes. "Internal Restricted Business Purposes" refers to Restricted Business Purpose uses within your company. "Internal Restricted Business Purposes" does not include providing Geolocation Functionality to applications (including applications that provide ad targeting and reporting) that are accessible to users other than you or your employees.
(d) "Web Services" include the minFraud Services and the GeoIP2 Precision Services. Other current Web Services offered by MaxMind are posted at https://www.maxmind.com/en/geoip2-precision-services. Unless otherwise specified, all references to the Services in this Agreement include the Web Services.
LIMITED GRANT OF RIGHTS.
Subject to the terms and conditions of this Agreement, MaxMind hereby grants you a non-exclusive, non-transferable, limited license to do the following with the Services you have purchased:
(a) You may access and use the Services for your own Internal Restricted Business Purposes.
(b) With respect to the Web Services, you may use the Web Services to provide Geolocation Functionality for applications or products, even if such applications or products are accessible to parties other than you or your employees (Note: With respect to the Services that are not Web Services, you may use such Services to provide Geolocation Functionality for applications or products only if those applications and products are accessible only to you and your employees.)
You agree to use the Services and products only in a manner that is consistent with applicable laws.
RESTRICTIONS ON USE.
Except as expressly permitted in this Agreement, you may not, nor may you permit others to:
(a) copy any portion of the Services except as reasonably required for using the Services as permitted hereunder;
(b) allow anyone other than yourself or your employees to access the Services, or any portion thereof, without MaxMind's express written permission;
(c) use the Services to develop a database, infobase, online or similar database service, or other information resource in any media (print, electronic, or otherwise, now existing or developed in the future) for sale to, distribution to, display to, or use by others;
(d) create compilations or derivative works of the Services for any purpose other than your own Internal Restricted Business Purposes;
(e) use the Services in any manner that is beyond the scope of the rights granted in this Agreement;
(f) except as explicitly permitted hereunder for your use of the Web Services, store in a retrieval system accessible to the public, transfer, publish, distribute, display to others, broadcast, sell, or sublicense the Services, or any portion thereof;
(h) use the Services to create or otherwise support the transmission of unsolicited, commercial email;
(i) remove, disable, avoid, circumvent, or defeat any functionality in the Services designed to limit or control access to or use of the Services;
(j) except for your use of the Web Services as permitted hereunder, use the Services to provide Geolocation Functionality for applications or products accessible to anyone other than you or your employees; or
(k) use, copy or otherwise access any portion of the Services for which you have not made payment to MaxMind (If for any reason, you access such Services, these terms and conditions apply to your use of such data and you agree to pay all applicable charges).
In addition, 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 understand that any information you provide to MaxMind in order to use the Services has not been collected by MaxMind for credit purposes and is not intended to be indicative of any consumer's credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 603(d) of 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 or any information received through the Services in whole or in part (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. Any use of the Services by you in violation of this paragraph shall also constitute an unacceptable use.
NON-DISCLOSURE OF MINFRAUD SERVICE OUTPUTS.
You may not, nor may you permit others to, disclose to any customer or other third party any output returned by the minFraud Service (e.g., such response values as the riskScore, proxyScore or proxy score, IP Risk Score, subscores, high risk flags), recognizing that the confidentiality of such information is vital to the performance of the minFraud service. Disclosure of such information shall be considered a material breach of this Agreement.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
You acknowledge and agree that MaxMind's trade secrets include, but are not necessarily limited to, the Services. You further acknowledge and agree that (a) all intellectual property rights including copyrights, moral rights, trademarks, trade secrets, and proprietary rights to the Services are exclusively owned by MaxMind and (b) you obtain no right, title, or interest therein. You hereby assign to MaxMind all copyrights, intellectual property rights, and any other proprietary or property rights or interests in and to any work created in violation of this Agreement.
(a) Processing of Personal Data.
i. You acknowledge and agree that MaxMind will process personal data of end users, consumers, or other individuals during or in connection with your use of the Services.
ii. You hereby instruct MaxMind to process any and all personal data elements that you choose to make available to or through the Services or that you otherwise share with MaxMind in order to provide you with and improve the Services (hereinafter "Personal Data"). You acknowledge that, in following these instructions, MaxMind will combine the Personal Data you choose to share with personal data received from other MaxMind customers in order to provide you and other customers with more robust risk score information and in order to flag potentially fraudulent activity. When MaxMind follows these instructions, it is operating as the Data Processor. You are the Data Controller who determines which Personal Data elements are relevant, and based on that analysis you decide in your sole discretion which Personal Data elements to make available to or through the Service or otherwise share with MaxMind. In these situations, MaxMind processes the Personal Data on your behalf.
iii. MaxMind may also operate as a Data Controller with respect to certain of its services and/or databases. When MaxMind combines personal data elements from different customers, like many kinds of analytics services, it may do this both as a Data Processor at your instruction and as a Data Controller itself for the purpose of providing services to all of its customers. For example, MaxMind may process and aggregate some of the personal data elements you choose to pass to one GeoIP Service in order to make that personal data part of another MaxMind GeoIP Database for one or more other services provided to MaxMind customers. The personal data elements shared may be combined with personal data elements chosen and provided by other customers.
iv. MaxMind requires, and you hereby warrant and represent, that any Personal Data you submit to MaxMind to or through the Services, or during or in connection with your use of the Services, has not been collected, stored, and transferred to MaxMind in violation of any law, regulation, or contractual obligation applicable to you. You shall have sole responsibility for the accuracy, quality, and legality of the data and the means by which you acquired the Personal Data.
(b) Service Providers. You acknowledge and agree that MaxMind may retain third party service providers during or in connection with your use of the Services. MaxMind shall enter into a written agreement with each third party service provider containing data protection obligations not less protective than those in this Agreement with respect to the protection of your end users' Personal Data to the extent applicable to the services provided by the third party service provider.
(c) Security. MaxMind shall maintain appropriate technical and organizational measures for the protection of the security, confidentiality, and integrity of 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). MaxMind regularly monitors compliance with these measures. MaxMind will not materially decrease the overall security of the Services during its provision of the Services pursuant to this Agreement. MaxMind shall ensure that persons authorized to carry out processing have committed themselves to confidentiality or are under the appropriate statutory obligation of confidentiality.
(d) Incident Management and Notification. MaxMind maintains security incident management policies and procedures and shall notify you without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored, or otherwise processed by MaxMind or its subprocessors of which MaxMind becomes aware (a "Data Incident"). MaxMind shall make reasonable efforts to identify the cause of such Data Incident and take steps as MaxMind deems necessary and reasonable in order to remediate the cause of such a Data Incident to the extent the remediation is within MaxMind's reasonable control. The obligations herein shall not apply to incidents that are caused by you or your end users.
(e) Return and Deletion. Upon your written request, and except in situations where MaxMind acts as a Data Controller, MaxMind will return or delete Personal Data that you (and no other customer) made available to MaxMind. MaxMind may also refuse such requests where returning or deleting such Personal Data would be prohibited by applicable law, or where MaxMind must retain such Personal Data due to legal obligations, to protect its rights or those of a third party, or as required by MaxMind for processing pursuant to a legitimate interest as documented by MaxMind.
(f) International Transfer. You acknowledge and agree that the Personal Data will be stored and processed in the United States and other countries in which MaxMind or its affiliates maintain facilities. By using the Services, you consent to the transfer of such Personal Data outside of the country in which you provide the information, and acknowledge that you provided any required notice to, and obtained any required consent from, end users for such transfer.
(g) GDPR. To the extent your use of the Services involves the processing by MaxMind of the Personal Data of data subjects located in the European Union or otherwise subject to Regulation (EU) 2016/679, the General Data Protection Regulation, together with any additional implementation legislation, rules or regulations that are issued by applicable supervisory authorities ("GDPR"), when MaxMind is operating as a Data Processor (and not when MaxMind operates as a Data Controller), these "GDPR" provisions apply effective May 25, 2018. Words and phrases shall, to the greatest extent possible, have the meanings given to them in the GDPR.
i. The following specifications apply ("Specifications") to MaxMind's processing of Personal Data in situations where MaxMind operates as a Data Processor with respect to the Personal Data that you make available to it (to the extent it is not personal data it has also received from other customers):
a. The subject matter of the processing is the performance of the Services to you pursuant to this Agreement. When it is a Data Processor, MaxMind may process the Personal Data for the following purposes: (1) processing in accordance with this Agreement; (2) processing initiated by your end users in their use of the Services; and (3) processing to comply with other documented reasonable instructions provided by you (e.g., via email) where such instructions are consistent with the terms of this Agreement.
b. The duration of the processing where MaxMind is the Data Processor is for the duration of this Agreement except where otherwise required by applicable law, as required by a legal obligation or for MaxMind to protect its rights or those of a third party, or as required for MaxMind to continue processing Personal Data due to a legitimate interest.
c. The categories of data subjects about whom MaxMind processes Personal Data when it operates as a Data Processor are determined and controlled by you, in your sole discretion, which may include, but are not limited to, your end users.
d. The types of Personal Data that MaxMind processes when it operates as a Data Processor are determined and controlled by you, in your sole discretion, and may include, but are not limited to, IP address, email address, username and password, billing and shipping addresses and phone numbers, and transaction information.
ii. When it operates as a Data Processor, MaxMind shall process the Personal Data only on documented instructions from you and in accordance with the Specifications above, unless required to do otherwise by applicable law to which MaxMind is subject; in such a case, MaxMind shall inform you of that legal requirement before processing Personal Data, unless that law prohibits such disclosure on important grounds of public interest. This Agreement constitutes your complete and final documented instructions, and any additional or alternate instructions must be agreed upon separately.
iii. When MaxMind operates as a Data Processor, MaxMind shall, to the extent legally permitted, promptly notify you if MaxMind receives a request from a data subject to exercise the data subject's right of access, right to rectification, restriction of processing, erasure ("right to be forgotten"), data portability, objection to processing, or right not to be subject to automated individual decision making ("Data Subject Request"). Taking into account the nature of the processing, MaxMind shall assist you, insofar as is possible, in the fulfilment of your obligation to respond to a Data Subject Request. In addition, to the extent you, in your use of the Services, do not have the ability to address a Data Subject Request, MaxMind shall upon your written request provide commercially reasonable efforts to assist you in responding to such Data Subject Request, to the extent MaxMind is legally permitted to do so and the response to such Data Subject Request is required under applicable laws. To the extent legally permitted, you shall be responsible for any costs arising from MaxMind's provision of such assistance. Please note that MaxMind may not be able to fulfill a Data Subject Request where to do so would violate laws applicable to MaxMind, would interfere with MaxMind's ability to meet legal obligations or protect its rights or those of a third party, or would prevent MaxMind from continuing to process Personal Data where it has a legitimate interest in doing so.
iv. Where MaxMind operates as a Data Processor, you hereby provide MaxMind with general written authorization to engage subprocessors in connection with this Agreement. MaxMind shall make available to you a current list of subprocessors for the Services upon your written request. You may also make a written request that MaxMind notify you of any new subprocessors. If you make such written request, MaxMind shall provide notification of new subprocessors before authorizing any new subprocessors to process Personal Data in connection with the provision of the Services to you. You may object to MaxMind's use of a new subprocessor by notifying MaxMind promptly in writing within ten (10) business days after receipt of MaxMind's notice. In the event you object to a new subprocessor, MaxMind will use reasonable efforts to make available to you a change in the Services or recommend a commercially reasonable change to your configuration or use of the Services to avoid processing of Personal Data by the objected-to new subprocessors without unreasonably burdening you. If MaxMind is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, you may terminate the applicable Services which cannot be provided by MaxMind without the use of the objected-to new subprocessor by providing written notice to MaxMind. MaxMind will refund you any prepaid fees covering the remainder of the term following the effective date of termination with respect to such terminated Services, without imposing a penalty for such termination on you. MaxMind shall be liable for the acts and omissions of its subprocessors to the same extent MaxMind would be liable if performing the services of each subprocessor directly under the terms of this Agreement.
v. Upon your written request at reasonable intervals, and subject to the confidentiality provisions set forth in this Agreement, MaxMind shall make available to you a copy of MaxMind's then most recent third party audit with respect to its privacy and data protection practices, as applicable.
vi. When it operates as a Data Processor, upon your written request, MaxMind shall provide you with reasonable cooperation and assistance as needed and appropriate to fulfil your obligations under the GDPR to carry out a data protection impact assessment related to your use of the Services, to the extent you do not otherwise have access to the relevant information, and to the extent such information is available to MaxMind. MaxMind shall provide reasonable assistance to you in the cooperation or prior consultation with the Supervisory Authority in the performance of its tasks relating the data protection impact assessment, to the extent required under the GDPR.
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.
MaxMind's current fee schedule for using the Services is posted on the Website (url: https://www.maxmind.com). You are responsible for paying all fees associated with your use of the Services. Unless MaxMind implements special billing arrangements for your account, payment for all services is due in advance.
MaxMind may offer certain Services as closed or open beta services (each a "Beta Service" and collectively the "Beta Services") for the purpose of testing and evaluation. Unless otherwise noted, the term "Services" as used in this Agreement encompasses the "Beta Services". You agree that MaxMind has the sole authority and discretion to determine the period of time for testing, evaluation, and offering of Beta Services. MaxMind will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services on a standard commercial basis. You will be under no obligation to acquire a subscription to use any other Service as a result of your use of any Beta Service. MaxMind reserves the right within its sole discretion, with or without notice to you, for any reason and at any time to modify a Beta Service or to fully or partially discontinue a Beta Service on a temporary or permanent basis.
MaxMind provides all Beta Services on an "AS IS", as-available basis and without any warranty, indemnification, or obligation to provide technical support. In no event shall MaxMind be liable for any damage whatsoever arising out of the use of or inability to use a Beta Service, or the modification, suspension, or discontinuance of any of the Beta Services for any reason, even if MaxMind has been advised of the possibility of such damages. The entire risk arising out of the use or performance of a Beta Service by you remains with you.
In return for access to a Beta Service at a discount to the fee for a Service with similar functionality, you agree to provide timely feedback to MaxMind of all defects identified during your use of a Beta Service.
SPECIAL BILLING ARRANGEMENTS FOR WEB SERVICES.
In some circumstances in which customers have reached or agreed to a certain consistent level of monthly service usage for Web Services, MaxMind may extend special billing arrangements allowing the customer to pay for the Web Service in arrears (i.e., retroactively) on a monthly or quarterly basis. You may request special billing arrangements for a Web Service at any time. If MaxMind chooses to extend a special billing arrangement to you, which decision shall be made in MaxMind's sole discretion, MaxMind shall provide you with written notice of the extension of special billing arrangements along with the billing arrangement payment schedule. If any fee payment is not received by MaxMind within five (5) business days of the due date, you shall be obligated to pay late charges on the unpaid amount from the due date in an amount equal to the lesser of (i) one percent (1%) per month, or (ii) the maximum amount permitted by applicable law, calculated on a daily basis. If you fail to make fee payments in accordance with the special billing arrangement (e.g., late payments or missed payments), as reasonably determined by MaxMind, MaxMind has the right to terminate your special billing arrangements and reinstate the advance payment requirement for your account. MaxMind may take such action with or without advance notice to you. Furthermore, if you fail to make fee payments hereunder, you shall pay to MaxMind all of MaxMind's costs and expenses, including legal costs and reasonable attorneys' fees, incurred by MaxMind in collecting any fee payments due.
APPLICATION PROGRAM INTERFACES (APIs)
Upon your request, MaxMind may facilitate your access to certain application program interfaces ("APIs") for use with the Services. Some APIs may have been developed by third parties. MaxMind and you acknowledge that the APIs are not Services as defined in this Agreement and that MaxMind does not provide any warranties for the APIs. Any copying, implementation, or other use of any APIs provided to you by MaxMind is subject to the license terms distributed with such APIs or their associated software or documentation.
CHANGES TO THE AGREEMENT/TERMINATION.
(a) 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, except that changes to charges and payment terms may be made only upon 30 days' prior written notice to you. 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.
(b) If you find it convenient to employ your standard form(s) of purchase order or similar form in administering the terms of this Agreement, you may do so, but none of the terms and/or conditions printed or otherwise appearing or referenced on such form will be applicable to or shall modify or change your rights or obligations hereunder except for those terms and conditions concerning specific details with respect to matters such as date, location, and quantity provided that such terms and conditions are not inconsistent with the terms and conditions set forth in this Agreement. MaxMind reserves the right to reject any purchase order or similar form which, in MaxMind's reasonable judgment, creates any ambiguity concerning which terms are applicable to this Agreement.
(c) 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 amount of fees actually paid by you, if any, under this Agreement during the twelve months immediately preceding the Occurrence.
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.
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.