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ONLINE DATABASE LICENSE AGREEMENT
IMPORTANT! The Geographic Information System ("GIS") database you seek to use is licensed by the The Pennsylvania State University ("UNIVERSITY") only on the condition that you ("You") agree with the UNIVERSITY's terms and conditions set forth below. PLEASE CAREFULLY READ THE TERMS OF THIS DATABASE LICENSE AGREEMENT.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK ON THE BOX AT THE BOTTOM OF THIS PAGE LABELED "I ACCEPT" AT WHICH TIME YOU WILL BE GRANTED ACCESS TO THE DATABASE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK ON THE BOX AT THE BOTTOM OF THIS PAGE LABELED "I DO NOT ACCEPT" AT WHICH TIME YOU WILL RETURN TO THE PRIOR WEB PAGE WITHOUT BEING GRANTED ACCESS TO THE DATABASE.
UNIVERSITY grants to You a license to use the Database provided under the
following terms and conditions:
TERMS AND CONDITIONS
1. Definitions. As used in this Agreement:
(a) "Database" means the GIS Database which You will be granted access to via this Web site and all information contained therein.
(b) "Effective Date" means the date on which You click the "I ACCEPT" button on the bottom of this page and are granted access to the Database.
(a) The UNIVERSITY hereby grants You a nonexclusive, nontransferable license to use the Database, subject to the terms and conditions of this Agreement. The Database will be deemed in use as of the Effective Date. Title to and all rights in the Database are and shall remain at all times with the UNIVERSITY.
(b) You may not distribute or re-distribute the Database to others unless the UNIVERSITY gives its written consent to You to do so in a separate agreement for distribution rights entered into between You and the UNIVERSITY. (Contact the UNIVERSITY concerning this separate agreement.)
3. Term. This Agreement shall begin on the Effective Date.
(a) This Agreement may be terminated by You at any time by destroying the licensed Database information which You have downloaded .
(b) This Agreement automatically terminates without notice if You fail to comply with any term or condition of this Agreement.
(c) The UNIVERSITY, in its sole discretion, may cease to offer to license the use of the Database at any time in the future, and upon the occurrence of such event, this license will automatically terminate.
(d) Sections 5, 6, and 7 shall survive termination of this Agreement.
4. Use. You may use the Database solely in the furtherance of Your internal business operations. In no event may You copy, distribute, transfer (electronically or otherwise), sublicense, create derivative works from and/or modify, rent or re-sell the Database, or any portion thereof, or in any way operate as a service bureau with respect to the Database; provided that this restriction shall not apply to individual items of information which are publicly available. You shall be solely responsible for acquiring the appropriate third party software and licenses needed to access the Database (the "Software"). You agree to notify the UNIVERSITY of any errors in the Database which You discover.
5. Disclaimer of Warranty. The information contained in the Database is not guaranteed and neither the UNIVERSITY, nor its sources of information will be liable to You for any loss or damage based on any errors or omissions therefrom. The information from the Database is subject to the following exclusion of warranty:
THE UNIVERSITY AND ITS SOURCES OF INFORMATION DO NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, DATABASE OR THE MEDIA ON WHICH THE DATABASE INFORMATION IS PROVIDED AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY THE ACTS OR OMISSIONS OF THE UNIVERSITY, ITS PERSONNEL OR THE UNIVERSITY'S SOURCES OF INFORMATION, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION OR SERVICES. THE UNIVERSITY IS PROVIDING THE DATABASE TO YOU WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DATABASE IS PROVIDED "AS IS".
You acknowledge that:
(a) The UNIVERSITY does not warrant the accuracy or completeness of the information contained in the Database;
(b) The UNIVERSITY does not warrant that the operation of the Database or the UNIVERSITY's Web site will be uninterrupted or error free;
(c) The information contained in the Database changes constantly.
6. No Liability.  IN NO EVENT WILL THE UNIVERSITY, ITS PERSONNEL OR THE UNIVERSITY'S SOURCES OF INFORMATION BE LIABLE TO YOU OR ANY THIRD PARTY, IN ANY FORM OF ACTION, FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF THE UNIVERSITY, ITS PERSONNEL OR THE UNIVERSITY'S SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE UNIVERSITY SHALL INCUR NO LIABILITY TO YOU OR TO ANY THIRD PARTY WITH RESPECT TO THE DATABASE OR YOUR USE OF THE DATABASE OR THE INFORMATION CONTAINED THEREIN. THE UNIVERSITY SHALL IN NO EVENT HAVE ANY RESPONSIBILITY FOR, OR LIABILITY TO YOU WITH RESPECT TO, ANY DAMAGE TO YOUR DATA, EQUIPMENT OR SOFTWARE, OR ANY FORM OF PERSONAL INJURY OR PROPERTY DAMAGE.
7. Indemnification. You agree to indemnify and hold the UNIVERSITY harmless from and against any loss, cost, damage or expense, including reasonable attorneys' fees, resulting from or related to any claim or action which relates to (i) Your use of the Database or (ii) this Agreement.
(a) This Agreement may not be assigned or transferred by You without the prior written consent of the UNIVERSITY.
(b) This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict of law provisions.
(c) If any provision or a portion of a provision of this Agreement is determined to be invalid or unenforceable, it shall be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.
(d) Neither party hereto shall be liable in any manner for failure or delay in fulfillment of all or part of this Agreement directly or indirectly due to any causes or circumstances beyond its reasonable control, including but not limited to, acts of God.
(e) This Agreement sets forth the entire agreement between the parties with
respect to the subject matter hereof and supersedes all prior and
contemporaneous communications between the parties. This Agreement may be
amended only by a writing signed by both parties.