You may post articles, newsletters, and columns containing tables and maps from our products or based on data derived from our products to the web without any additional licensing only if the data or maps are in a flat format such that it cannot be manipulated or accessed by the viewer. For more information consult Posting Maps and Data to the Web.
We have developed several different licensing programs to accommodate the wide variety of uses for our data. If you find that your usage does not neatly fit into one of our categories, call us (+1-800-577-6717) and we will discuss the best way to proceed.
Regardless of how you use our data, or what kind of license you purchase, whenever you are publishing findings that are based on analysis or contain data from any of our products, you must cite us as the source of the data. Our standard format for a citation is, "Product Name", GeoLytics, Inc., East Brunswick, NJ, Year Published. You should feel free to modify this format so that it complies with the given journal's preferred format.
We offer the following different licensing programs:
- Standard (single user) usage
- Library Usage
- Network Access - 3 or more users
- Posting Maps and Data to the Web.
- Embedding our Maps and Data into New Software or Web Enabled Product
- End Users License Agreement - to see a copy of our EULA for standard usage
Standard (single user) usage
Our standard license is for one user to use at one machine. If multiple people want access to the data then you need to purchase a second copy or even a network version.
We understand that the main purpose of a library is the sharing and disseminating of resources. Thus a library is allowed to have a single user copy of the product and allow any number of users to access it. But they may do so only one-at-a-time. If you find that multiple users want access to the data simultaneously (for example to use in a class lab), then you need to purchase a network license.
We also ask that libraries treat all GeoLytics' CDs as Reference materials. Which is to say that users should only be allowed to use them in the library, not check them out to use in their office/home. They should also not be lent out on Inter-Library loan. This protects you as well as us.
Our suggestion is that you load the software on multiple machines so that users can access the software from any of several seats (without having to wait for a particular terminal to open up). But the disk (with all of the data) should be kept in the reference section and then can be borrowed for use by patrons. Alternatively, the data can be loaded on to the main library server assuming that there is adequate space, users can have write access to the terminals and that no one can access the data outside of the library and that the server can be set such that only one person can access the given product at a time.
Network Access - 3 or more users
Many departments or organizations have multiple researchers, in this case a network version is the most cost-effective way to give everyone access to the data. Our smallest network license is for 5 users and it is priced at 3X the regular price, so whenever you have 3 or more people who need the data this is the most cost-efficient method of obtaining the information. For example, a 5-user network for CensusCD 2000 Long Form ($995) would be 3 X 995 = $2,985
Our network pricing is as follows:
- Up to 5 users - 3X
- 6-10 users - 3.5X
- 11-15 users - 3.75X
- 16-20 users - 4X
- 21-25 users - 4.25X
- 26-30 users - 4.5X
If a network is too large and you really just need a second copy of the product for a co-worker or graduate student, then you can purchase that at 25% off the regular price. So from our example above, the second copy of the 2000 Long Form would be $750.
We also have network pricing for a whole department, organization or campus. Please contact us at 800-577-6717 to discuss the specifics of your situation.
Posting Maps and Data to the Web
You may post articles, newsletters, and columns containing tables and maps from our products or based on data derived from our products to the web without any additional licensing only if the data or maps are in a flat format such that it cannot be manipulated or accessed. They must be flattened images such as jpeg or pdf such that the viewer cannot take the table and do analysis from it without re-keying the data.
If you want to build a website that will allow users to access the data or polygons, then you need to purchase a Professional Use License. If the website only allows users to download the information one geographic unit at a time (i.e. one tract at a time) for a single variable then you can get a Static license (3X). If however, you want them to be able to download multiple tracts or multiple variables for the one tract than you need the Interactive (5X) license. Thus if the product costs $500 the Static license will be $1500 and the Interactive one will be $2500.
Before uploading the data to the website you must obtain a Web Use License. When asking for this license we will need to know what variables you intend to make available and for which geographies. We maintain the right to refuse to allow you to post the data on a website if we believe that your selection creates direct competition with our product because of the list of variables and geographic coverage.
Embedding our Maps and Data into New Software or Web-Enabled Product
If you wish to build a product using Maps, Data, or Geocoding capabilities from one of our products you need to get a Professional Use License. We will negotiate either a per-seat charge or a flat rate depending upon the extent of the data being used and the geographic coverage. It may be as simple as buying a new copy of the product for each new customer or we may negotiate some other fee structure.
End User License Agreement - GeoLytics
This End User License Agreement ("EULA: or "this Agreement") is a CONTRACT between you (either as an individual or with your organization) and GeoLytics, Inc. ("GeoLytics"), which covers your use of the GeoLytics software product(s) that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as the "Software Product", or the "Product", or the "Software".
A software license and serial number is issued to each user by GeoLytics or its authorized agents, and is required for each user of the Product. Each time you start the Software and "click through" this EULA you are once again agreeing to all its terms.
Please read this License (End User License Agreement, called "EULA") carefully before installing or using the GeoLyticsR software, or accessing the various databases, reports, maps, data sets, and geographic databases contained on the CD or subsequently sent to you or acquired from GeoLytics. You agree to be bound by the terms of this license if you use the software, or access any database, report, data set or map ("Outputs"), and the databases licensed to you. If you do not agree to the terms of this License, promptly return the entire GeoLytics product, including User Guide (printed and on-line Manuals and other forms of instructional materials and documentation), CD, etc. to GeoLytics for a refund.
By installing or using the Product, or by "clicking through" any License Notice during start-up or installation, or opening a CD jewel case or envelope containing the terms printed on the outside. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND GEOLYTICS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Most of this Agreement pertains to all Users, and unless otherwise noted, this is the case. Some sections pertain primarily to Libraries or Educational Institutions, Non-Profit Users, and For-Profit Users, and these sections will be so noted.
Definitions. When we use the phrase "the Product" or "the Software" in this EULA, we mean all the things that together come from or are created by using the computer program or data. Specifically, the software code and related screens, logical operation and organization of the program and data, the Help and Tutorial illustrations and textual content, multimedia on screen or printed examples and printed manuals, screen layouts and designs, unique nomenclature, etc.
When we use the term "the Data" or "GeoLytics Data" we mean any piece of information that is revealed by, reported by, extracted or exported from, learned or discerned from, the operation of the Software, whether text, in a database format, vector and "boundary" data, maps and other thematic output, and any other conveyance of fact that is contained within, used by or output or extracted from the Software or the media on which it was delivered, in whole or part, in any language, in any form.
The data that is associated with, and may be contained within, the Product comes from a variety of sources public and private, and GeoLytics spends considerable effort selecting, testing, enhancing, enriching, processing and preparing the data for use. The data, in whole or part, whether shipped with the original Product or subsequently, is an integral element of the Product and it's value, and the phrase "the Product" includes it.
The data in the Product is not public domain. It is the result of extensive and creative selection, correction, enrichment, verification, and other creative and analytical forms of enhancement by many professionals associated with GeoLytics, and contains proprietary elements. When you extract data from any GeoLytics product, you do not own it, and it is not your property nor is it public domain. It remains the copyrighted property of GeoLytics, Inc., and you have a license to use it only as per the terms and conditions of this EULA.
Each time you start the Software, you "click through" this EULA Agreement, and in so doing you once again expressly acknowledge and agree to this statement, that the resulting data is not public record, not public domain, and not your property. Each time you start the Software, whether or not you see or "click through" this Agreement, you nonetheless expressly agree and accept all aspects of this Agreement.
The Data, a.k.a. the GeoLytics Data (see above) you obtain from or as a result of this Software, including that which you modify, print, reproduce, or export, are copyrighted by GeoLytics, Inc. and/or its licensors. Any reports, maps, graphs or other visual elements are not clip art, and they are not in the public domain, and they are not your property. Modifying the Data or any other facts obtained from or as a result of this Software not affect the copyright. The GeoLyticsR Software product and any Data or other output may only be used pursuant to the terms of this Agreement.
GeoLytics is a registered trademark of GeoLytics, Inc., East Brunswick, New Jersey, all rights reserved. The Product contains search and retrieval software that GeoLytics is hereby licensing to the licensed User of the Product on a non-exclusive basis for the limited purpose of accessing, manipulating, reporting, or exporting it from the original Product, while in full compliance with this License.
Grant of License. GeoLytics, Inc. ("GeoLytics") grants you: 1. A non-exclusive, nontransferable license to use the Software and related components ("the Software" or "the Product") and access the GeoLytics Data it contains on the CD delivered to you by GeoLytics, and any subsequent updates of data or program files, including any updates made available by GeoLytics over the Internet or otherwise with this Agreement ("the License" or "EULA"), and 2. The User Manual and Software delivered to you by GeoLytics (collectively, "the Program"), in each case in compliance with the terms of this License (the Databases, Mapping Geographic, Demographic, Tax, Residential and Commercial Occupancy or other Data, and the Software are sometimes collectively referred to in this License as the "Product"), including the right to install and use one copy of the Product on a single personal computer or other microprocessor-based computer having a CD-ROM drive connected directly to such computer owned or controlled by you.
The media or mechanism used to acquire access to the GeoLytics Software or Data will not affect the terms of this Agreement. If in the future GeoLytics conveys or provides access to its Software, products or Data via alternate media or mechanisms, including but not limited to one or multiple CD, CD-ROM, CD-R, DVD, Tape, hard disks, optical devices, over the Internet, incorporated into or onto devices, or otherwise, this Agreement and all its terms will be interpreted the same as if the Software or Data were conveyed on CD.
Some elements of the Software may have been licensed by GeoLytics from others, and the printed and /or on-line Manuals and other forms of instructional materials and documentation specially including but not limited to the on-screen multimedia "tutorial" displays may be individually or collectively called "Components" in this EULA. Neither the GeoLytics software nor any of its components may be accessed over a network without a special Network License.
You may make a single back-up or archival copy of the GeoLytics User Manual and CD, as long as the only purpose of making a copy is for archival purposes, and as long as you reproduce all copyright notices included in the Product. You may transfer the Product from one PC to another, as long as you erase the Product completely from the old PC before loading it onto the new one, and so long as at no time can the Software or the Data be accessed by one than one user at the same time.
You may not copy the Software or all or any portion of the Data, interface, graphics, maps or reports, and you may not reverse-engineer, disassemble, or de-compile the Product, and you may not defeat license encryption mechanisms, or disassemble the Product or Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not disable, hide, hinder or modify the License Screen, the "Splash Screen", any copyright or trademark notice in the Software or on any Output. You may not disable, hide, hinder or modify any functionality of the Software. Every time the Software is started, whether on a Single Computer or over a Network (assuming it has such a license) the User must see and "Accept" this End User License Agreement.
You may not separate the component parts of the Software for use on more than one computer. You may not share or make available the Product in whole or in part to any other user in any networked environment, or share or use it concurrently on different computers.
Attribution Line. The following must be included in on each and every copy or manifestation of every report or body of information that contains more than incidental amounts of GeoLytics Data: "This document contains demographic data from GeoLytics, E. Brunswick, NJ" This attribution statement must be as prominent as your own copyright notice in terms of location, color, size, readability, etc. This paragraph applies whether or not such use is in conformity with this License.
You agree that this Agreement will be interpreted based on the intended use of the Software at the time it is started, not necessarily the original sale or license. In other words, if the Software was originally licensed by a Non-Profit customer, but an individual (whether or not associated with the original licensee) used the Software in a For-Profit manner, or the Data were subsequently used in a For-Profit manner, then the aspects of this Agreement pertaining to and governing For-Profit use would apply to that user, at that time, and would "run with" the Data created or extracted thereof.
Data or Report Reproduction and Use Rights. The result of using the Product is often an electronic or printed body of facts, also called "the Data" or the "GeoLytics Data". It remains GeoLytics Data whether it is in the form of ASCII text, a dBaseR file, SHPR or other boundary files, a paper table or print out, a thematic report (a.k.a. a "map") or chart, or some other tangible conveyance of facts or information. It remains GeoLytics Data whether it is used by itself, or as incorporated into another body of information such as a report or data set. It remains GeoLytics Data if it is imported into another software program, such as a mapping program (MapInfoR or ArcViewR), an analysis program (SASR, ExcelR, etc.) or otherwise, manipulated, and then used as a report, data set, or other expression of data or information in any manifestation.
Anything that is contained within the Product, or on the media with which it was delivered, whether or not you used the Software to access or extract this material, or used some other method to obtain it, in electronic, paper or other form, or otherwise as a result of accessing, selecting, organizing and displaying the Data that ships with GeoLytics products, any and all of this is called "the Data" or "Output", and is licensed, copyrighted property of GeoLytics, Inc. and your use of it in any fashion is subject to the terms and conditions of this End User License Agreement.
In addition to the other terms of this Agreement, there are additional restrictions on the use of GeoLytics products or GeoLytics Data by For-Profit entities. There are special licenses required for any commercial use of GeoLytics products. Unless otherwise explicitly stated herein, the terms of this Agreement are for Educational, Non-Profit and personal not-for-profit use.
Commercial and For-Profit Use. Any use of the Software, the Data, or any portion thereof, for any For-Profit use greater than the scale and scope of this paragraph of this Agreement is hereby specifically prohibited, illegal, and you or subsequent users of the Software or the Data have no rights to use it. You may not use the data for any commercial purpose except where neither the Software nor the Data is incorporated into any product, service or informational conveyance for which you or anyone else receives compensation, or where you have incorporated Data extracted legitimately as per the terms of this Agreement from a GeoLytics Product, but the value of the Data extracted from all GeoLytics products and software you or your organization own do not constitute more than ten (10%) percent of the value of the total product, service or informational conveyance by you to your customers, and in any event the total gross annual revenue of all products, services or informational conveyances by you to your customers that contains Data extracted from all GeoLytics products and software you or your organization own does not exceed Ten Thousand (US $10,000) Dollars US.
The method of determining whether or not a For-Profit use is permitted is simple: If you removed every instance of "GeoLytics Data" from your product, service or information conveyance, and also un-did any validation or other editing and value-add that is associated with using GeoLytics Software as it relates to your product, service or information conveyance, would your customers still pay Ninety (90%) Percent of the price or value? If the answer is "no", then the addition of GeoLytics Data into your For-Profit work is not permitted by this Agreement, and you must contact GeoLytics to negotiate a Commercial Use License Agreement ("CULA"), which will permit such use.
Notwithstanding the above and anything else contained in this Agreement, any use of GeoLytics Data where the information conveyance, whether a report or set of data, is more than Fifty (50%) Percent demographic material (the "subject" is primarily demographic), and such information conveyance is distributed to, or may be available to, more than Ten (10) persons other than the original User of the GeoLytics Software, then that use is expressly prohibited and illegal.
You may use the GeoLytics Data within your For-Profit organization when the use of the Software or GeoLytics Data, whether conveyed separately or as incorporated into a larger work, is for use within your own organization for decision-making or other purposes, so long as your business is not the assemblage or marketing of demographic, economic or other information, and so long as no aspect of the GeoLytics Software or Data is used to correct, enrich or create material that will be transferred to anyone outside your organization in exchange for value.
You may reproduce Output subject to the limitations that (a) the Output is used within the same legal organization as the one licensing the GeoLytics software, (b) so long as the GeoLytics software has been legally registered with GeoLytics, and (c) so long as the Output is not sold or transferred for value. You may reproduce paper Output as part of larger Reports, or in whole or part within flyers, brochures, reports, etc. for distribution at no charge, subject to the limitations that (a) no distribution may occur in quantities exceeding 500 copies, and (b) the distribution shall not constitute a publication for sale or contain paid advertising. The exception to this paragraph is that any use by news organizations, including newspapers, magazines, television, radio and the like is permitted.
You may use Output displays and printouts in presentations, subject to the limitation that the distribution not be over electronic mass media, television, videotape, or public coaxial cable. You may modify Reports or Maps and Reports or Maps into other compatible software products, so long as all GeoLytics copyright, trademark, and "attribution" notices are reproduced on each copy or print of such modified or exported Reports or Maps. GeoLytics reserves all rights to all other reproductions, modifications, or adaptations of the screen displays and/or paper printouts. This reservation includes but is not limited to: books; commercial software, multimedia kiosks, displays on commercial, public, or private on-line services, bulletin boards, or the Internet; clothing; textiles; wallpaper; or other paper products or similar commercial materials; maps or globes for sale in commercial distribution (including sheet maps, posters, prints, atlases, maps or collections of maps or directories). All copyright notices must be clearly reproduced on any reproduction or adaptation made.
Ownership. The Software, the Databases, the GeoLytics Data, as well as the Reporting and Mapping components are proprietary products and property of GeoLytics and/or its licensors, and are protected under U.S. copyright law and international treaty provisions. All copies of the Software, Databases, and Components made by you in accordance with this License shall contain all copyright notices in the same format and location as such notices appeared on the copy of the Product obtained by you from GeoLytics and/or its licensors. All intellectual property rights in and to the Software, Databases, GeoLytics Data and Components are retained by GeoLytics and/or its licensors. Without limiting the foregoing, you acknowledge that (a) neither the Software, Databases, GeoLytics Data or Components nor your rights and obligations under this License may at any time be sublicensed, assigned or transferred, in whole or in part, to any third party, (b) you may not distribute, rent, sublicense, loan, or lease the Software, Databases, or Components in whole or in part to any third party except as specifically permitted above in Section 2 of this Agreement and (c) you will not make the Software, Databases, or Components available in whole or in part to any other user in any networked or time-sharing environment, specifically including the Internet or World Wide Web ("WWW"), or transfer the Databases, or Components in whole or in part to any computer other than the PC used to access the Databases, and Components. The exception to this paragraph is if you have purchased a Network License for the particular GeoLytics product, from GeoLytics or its authorized distributor.
You further agree that you will not make any copy of the Software, Databases, or Components or any portion or derivative or demographically-enriched work thereof, nor sell, license, rent, loan, lease or distribute the same to any third party except as explicitly permitted under this Agreement.
Term. This License is effective upon receipt by you of the Product and shall continue until terminated. GeoLytics may terminate this license immediately and without prior notice, if you breach any term of this License. You will erase all copies of the Product from your hard disks, and delete it from memory, and return all existing copies of the Software, Databases, and Mapping Components, and any portions thereof, to GeoLytics on termination of this License, or destroy the same and certify in writing to GeoLytics that you have done so.
Termination without prejudice to any other rights. GeoLytics may terminate this Agreement if you fail to comply with any term or condition of this EULA, and do not come into compliance within ten (10) days of being notified of the breach of this Agreement (which includes paying damages acceptable to GeoLytics). In such event, you must destroy all copies of the Software Product and Software Product Licenses. If GeoLytics terminates this license for cause, it does not surrender nor lose any other rights it may have, nor do your obligations end in terms of "fair use" of the remaining GeoLytics Data.
This License will terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to return the Product, together with all copies, to GeoLytics, Inc., or to certify in writing to GeoLytics, Inc. that you have destroyed the Product together with all copies.
The Term of Use of the Product is indefinite unless otherwise noted, so long as you are in compliance with this License. If GeoLytics releases subsequent versions of the same, similar or different products, whether or not the topic or subject matter is the same or similar, you are not entitled to any updated or upgraded versions unless otherwise expressly noted.
You assume responsibility for the selection of the Products and data sets to achieve your intended results, and for the installation, use and results obtained from the Software.
Limited Warranty. GeoLytics warrants that all physical media on which the Product is furnished shall, for a period of 90 days from delivery (the "Warranty Period") be free, in normal use, from defects in material and workmanship. GeoLytics will have no responsibility to replace any media that has been damaged by accident, abuse, or misapplication. If, during the Warranty Period, a defect in the media appears, you may return the media and User Guide to GeoLytics for either replacement or, if so elected by GeoLytics, refund of your license purchase price. GeoLytics does not warrant the completeness or accuracy of any information contained in the Databases or Components, or that the use of the Software will meet your needs or that its use will be uninterrupted or error-free. GeoLytics or its licensors gather data from sources deemed reliable, and makes a reasonable effort at verifying it. However in any product with this many data elements, the chance of error is high. The data and resulting Reports or Outputs from GeoLytics are intended for casual initial consultation, and are not intended to replace official government data sources. Users are cautioned not to make any significant decisions based on this data without first independently verifying the data and its results. The foregoing constitutes your sole and exclusive remedy for breach by GeoLytics of any warranties (express or implied) made under this License. EXCEPT FOR WARRANTIES SET FORTH ABOVE, THE PRODUCT IS LICENSED -AS IS, - AND GEOLYTICS DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO GEOLYTICS SPONSOR, DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE FOREGOING WARRANTY or any other aspect of this Agreement except in writing and signed by the President or other authorized corporate officer of GeoLytics, Inc. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
GeoLytics does not warrant the completeness or accuracy of any information contained in the Software, or that the functions contained in the Software will meet your requirements or that the operation of the programs will be uninterrupted or error-free.
Limitation of Liability. GeoLytics' cumulative liability to you and all other parties from any loss or damages resulting from any claims, demands, or actions arising out of or relating to this License shall not exceed the license fee paid by you for the use of the Product for one year. GeoLytics shall not be liable for (a) any loss of use of your computer or loss or corruption of data or the costs of system or data recovery (b) any third party claims, or (c) any indirect, special, punitive, exemplary, incidental or consequential damages or lost profits, whether based on contract, negligence, strict liability or otherwise, even if GeoLytics has been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. You assume responsibility for the selection of the program or programs, and the data therein, to achieve your intended results, and for the installation, use and results obtained from the programs. In no event will GeoLytics have any liability or responsibility to anyone other than the original purchaser of the license to use the Product.
U.S. Government Licenses. The Software, Databases, and Reporting or Mapping Components are provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in Subparagraph 252.227-7013 (c)(1)(ii) (Rights in Technical Data and Computer Software) of the Department of Defense Federal Acquisition Regulations Supplement or Subparagraphs 52.227-19 (c)(1) and (c)(2) (Commercial Computer Software - Restricted Rights) of Title 48 of the Code of Federal Regulations, as applicable. Contractor/Manufacturer is GeoLytics, Inc., C-200 Brier Hill Court, East Brunswick, New Jersey 08816 USA.
U.S. Government Use. This Software Product is deemed to be "commercial computer software" and "commercial computer software documentation" pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performing, displaying, or disclosing of the Software Product by the U.S. government shall be governed solely by the terms of this EULA and shall be prohibited except to the extent expressly permitted by the terms of this EULA
Governing Law. This License shall be governed by the internal laws of the State of New Jersey, as applied to agreements entered into and to he performed entirely within New Jersey between New Jersey residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect. Any litigation related to this Agreement will be conducted within the appropriate court in the State of New Jersey. The Licensee explicitly agrees that GeoLytics will be entitled to injunctive relief pending the resolution of any litigation related to this Agreement.
Use the Product Legally. You agree to use the Product, including the Databases and Components, in accordance with local, state, and federal laws, which may limit your use of the Product, including the Databases, for certain applications such as decision-making, direct marketing, telemarketing, and other uses.
Advertising. GeoLytics may incorporate into the Product, at any time, messages of an advertising nature, whether from GeoLytics, GeoLytics' partners, or other for-profit or non-profit organizations. GeoLytics may be compensated for including these messages into its products. The End User is not entitled to share in these revenues, if any. Inclusion of an advertising message does not constitute an endorsement of the organization or it's message by GeoLytics. Advertising may be added subsequent to the initial license installation by way of Product updates. Any Licensee who objects to any advertising content may contact GeoLytics, and we will provide a code that will permanently deactivate such advertising.
Licensing Fees / Referrals. GeoLytics may adjust the price of licensing fees for one or more products, or variants thereof, at any time. The fee paid by any User at the time its initial license was purchased will remain for the year following the installation, and thereafter be adjusted up or down as per all other licenses. There is no "price guarantee" other than during the term then in effect, except as explicitly stated in writing by GeoLytics per the terms of a specific quotation or communication. GeoLytics may compensate third parties for their endorsement or advocacy of its products or services, and/or reimburse them for their costs associated with analyzing these products or services and communicating with their members or readers regarding it.
Data Updates. If an End User desires data more current or comprehensive than GeoLytics then has available, and that customer/User provides data to GeoLytics for the purpose of updating that customer's data, or requests another public or private entity to provide data or services or information to GeoLytics, then in any event whatever data, knowledge or processes GeoLytics acquires in the course of this process will become the property of GeoLytics, and GeoLytics may include that data, in whole or part, in products or services it provides other customers, and there will be no limitation on GeoLytics as to it's use of this data, and no compensation will be due any third parties.
Subscriptions & Advance Purchases. If the Licensee has purchased a License that requires GeoLytics to produce one or more products or releases in the future (including future products that are based on data to be produced or released by entities external to GeoLytics, such as the US Census Bureau), then GeoLytics will use its best efforts to comply with this agreement. However in no event will GeoLytics be responsible for any delay of such products, nor for GeoLytics' failure to produce the Product. GeoLytics' only responsibility is to act in good faith and use reasonable efforts to meet its obligations, to communicate with customers, and to refund the pro-rata portion of any money paid to GeoLytics for products that cannot be produced.
For example, if a customer purchases Product X, and pays for it in advance, then if GeoLytics cannot produce Product X, GeoLytics will notify the customer in a reasonable time and manner, and refund the customers payment. If a GeoLytics Licensee purchases an annual subscription, GeoLytics' only obligation is to deliver to Licensee whatever GeoLytics products can be reasonably produced based on what material the US Census Bureau releases. Unless expressly stated otherwise in writing, there will be no reduction or refund in the annual license fee if the anticipated and promised products and data are not provided to the Licensee during the term of the subscription if this shortfall is not within the reasonable control of GeoLytics.
All Product and other releases, and all promises GeoLytics makes to its customers, are subject to Acts of God and all other conditions beyond the reasonable control of GeoLytics.
Viruses. GeoLytics makes every reasonable effort to screen its products for any instance of viruses, Trojan horses, or any other unintentional and/or harmful software code. However it is not possible in this day to absolutely eliminate the possibility of such an occurrence, and GeoLytics specifically disclaims any responsibility or liability in such an instance, except to the extent that GeoLytics will make a reasonable effort to detect and eliminate any such occurrence, and will make a reasonable effort to notify any GeoLytics original customer if subsequent to shipping a Product we learn it may have contained a virus or other harmful software.
All software licenses, including all GeoLytics software licenses, are subject to UCITA, the Uniform Computer Information Transactions Act.
Piracy & Intellectual Property Rights. Intellectual property is the ownership of ideas as well as the control over the tangible or virtual representation of those ideas. Software is intellectual property, as are books, music, etc. Like musical performers and authors, software developers use copyright laws to protect their work and their investment in the field. The theft of intellectual property thus eliminates the resources used to develop newer and better products. Pirated software directly impacts consumers because it may lack key elements, updates and patches, and documentation, and it offers no support or upgrade options. Any untested, counterfeit CD ROMS may be infected with viruses that may damage your computer or worse. If software if illegally copied at work, users put themselves and their organizations at risk by pirating a product protected by copyright laws.
Responsibility of Organizations (Libraries, Schools, Corporations, Government Agencies). If the Licensee of the GeoLytics Product is other than an individual acting on his/her own behalf, such as an educational institution, government agency, private corporation, library or similar ("the Organization Licensee"), the Organization Licensee is required to use its best efforts to enforce the terms and conditions of this Agreement, and to prevent unauthorized use, unauthorized copying, or any other violation of this Agreement. The Organizational Licensee will not permit the original (or any archival or other copy) of the Product to leave the premises where it would normally be used legitimately.
Concurrent Users: The User, and the Organizational Licensee if applicable, is prohibited from doing anything that would enable more than the licensed number of users to concurrently access the Software or its data in any fashion, and you are required to use your best efforts to prevent such "out of scope" license use. Unless otherwise stated in writing, you have a Single User license, which means the number of authorized concurrent users is one (1).
A Network License grants you: 1. The right to install the Software on a single computer acting as a Local Network Server; 2. The right to install the Client Software (as needed) included with the Network product on workstations connected to the Server; and 3. Limited rights to network administration. The Licensing Organization is required to use its best efforts to insure that only the authorized number of Users can access or use the GeoLytics Software at any one time. Network licenses further limit access to members of the Licensing Organization's usual membership (i.e. students of an academic institution, patrons of a library, employees or contractors of a commercial firm) who access the Software from the physical premises (no remote access), and who are not charged a fee of any kind related specifically to the GeoLytics software. The Licensing Organization is responsible for using its best efforts to ensure all users of GeoLytics Software and resulting GeoLytics data are and remain in compliance with this Agreement.
If any aspect of this Agreement becomes unenforceable or illegal, then that part will be interpreted as closely as possible to the original intent of this Agreement, and in no event will this affect the remainder of this Agreement which will remain in force.
Review & Other Free Licenses. If the Product is labeled "Review" or "Demo", then you may not use it for any purpose other than that, and you may not transfer it to any third party for any reason. If the Product is labeled "Not For Resale" or "Promotional" then you may not transfer it to any third party for any reason, and you are not entitled to Support or upgrade pricing, if applicable. In any of these instances you may not allow any other person to use the Software for any reason, except others working directly with you in the pursuit of the purpose you received the Software from GeoLytics (i.e. another reviewer or evaluator).
Upgrades. If the software is labeled or licensed as an upgrade to a previous version, you are only permitted to install it on one computer that is already running the appropriate previous version of the same GeoLytics Product, and only the same number of licenses (concurrent users).
License Updates. GeoLytics may modify the terms of this License from time to time. If GeoLytics makes any changes, GeoLytics will promptly use its best efforts to contact Licensee and provide a full, written copy of the new License. If Licensee does not agree to the terms of the new License, then Licensee may, within thirty (30) days of receipt of said notice, object in writing to GeoLytics. If GeoLytics does not rescind the change in writing within fifteen (15) days, the Licensee may cancel its License, uninstall all copies of the product, and return the Product to GeoLytics. In this case GeoLytics will refund the entire license fee paid by the Licensee.
Support. GeoLytics provides customer support by all telephone, email and web site for the thirty (30) days following receipt of the Product by the original licensee. After that support is by email and web site only. GeoLytics' obligation to provide support is subject to change, and is always available on the GeoLytics web site at Error! Bookmark not defined. under "Support". Support is only provided to the original Licensee, and is expressly not provided to library patrons and students.
Future Functionality. GeoLytics may add features, data or other functionality to the Product in the future, including copy protection or licensing control, and Licensee consents to these changes in the Software.
License Addendums. GeoLytics does, from time to time, modify the terms of this Agreement in response to the requests of specific customers, especially academic institutions and libraries. This is always in written form, and explicitly labeled "License Addendum", and signed by an authorized executive of GeoLytics. No such changes are valid from any distributor, reseller, etc. Any such License Addendum is valid only for that particular transaction, and does not affect or change any past or future License Agreement with that same, or any other organization or Licensee, unless explicitly stated.
Retroactive Validity. When the Licensee accepts this Agreement as part of an installation of a GeoLytics Product, the terms and conditions of this License become applicable to all previous installations and uses of any GeoLytics Products or GeoLytics Data in use by that Licensee, its affiliates, subsidiaries, employees and contractors.
Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Product, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a corporate officer of GeoLytics, Inc.
Contacting GeoLytics. GeoLytics, Inc. is a U.S. corporation, located in the State of New Jersey, United States. GeoLytics could be contacted by any of the following methods: Telephone at (800) 577-6717 or (732) 651-2000. Facsimile ("Fax") at (732) 651-2721. Internet web site: www.GeoLytics.com or www.CensusCD.com E-Mail: questions@CensusCD.com or Craig@GeoLytics.com or Natasha@geolytics.com. By US Postal Service (non-electronic) mail to P.O. Box 10, East Brunswick, N.J. 08816-0010 USA, or by express parcel service to 28 Brunswickwood Dr, East Brunswick, N.J. 08816 USA.
Copyright 2002 GeoLytics, Inc. All rights reserved. GeoLytics, CensusCD, StreetCD, and the star-circle emblem are registered trademarks of GeoLytics, Inc., East Brunswick, New Jersey. TIGER is a registered trademark of the United States Census Bureau. Other trademarks are property of their respective owners.