John Snow Labs Data Library End User License Agreement for Commercial Use
Last updated: September 22, 2021
This Data Library End User License Agreement (“EULA”) applies to any customer or user using John Snow Labs’ Data Library as defined below for commercial use (hereinafter referred to “customer” or “you”). This EULA is between you and John Snow Labs Inc., a Delaware corporation (“John Snow Labs”, “we” or “us”).
By purchasing, downloading and/or using (as applicable) Data Library of John Snow Labs (as defined below), you automatically agree to be bound by, and use it in compliance with, this EULA. This EULA, together with additional terms and conditions and/or policies referenced herein or located on https://www.johnsnowlabs.com and/or conveyed to you by John Snow Labs, is a legally binding contract between you and John Snow Labs.
PLEASE READ THIS EULA CAREFULLY BEFORE PURCHASING, DOWNLOADING OR USING DATA LIBRARY.
We may make changes to this EULA from time to time. When we do so, we will revise the “last updated” date given above. The then-current version of this EULA will supersede all earlier versions. You agree that your continued use of Data Library after such changes have been published to our EULA will constitute your acceptance of such revised EULA.
1.1 “Data Library” means a data library provided by John Snow Labs and located at https://www.johnsnowlabs.com/marketplace/;
1.2 “Website” means https://www.johnsnowlabs.com being owned and operated by John Snow Labs.
2.1 By purchasing, downloading and using any product from the Data Library, you acknowledge that the use of Data Library can be subject to the restrictions and controls imposed by United States export regulations.
2.2 You represent and warrant that you do not intend to use Data Library for any purpose prohibited by United States export regulations, including, without limitation, terrorism, cyber-attacks, cyber-crimes, money-laundering, industrial espionage, or nuclear, chemical or biological weapons proliferation. Further, you represent and warrant that you are not listed as a denied party on any list governing United States exports.
3.1 Our Data Library can be used by an individual, business or other legal entity, or both. If you are entering into this EULA, or using Data Library, on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this EULA, in which case “you” shall refer to such entity.
3.2 In the event you have entered into a separate written agreement with John Snow Labs regarding Data Library that contemplates terms that are inconsistent with this EULA, the written agreement shall control and this EULA will not apply to you to the extent inconsistent with such written agreement, or, if such written agreement is contemplated to be in lieu of this EULA, then this EULA shall not apply at all.
4.1 Subject to your compliance with this EULA, as well as any other applicable policies, laws and regulations, John Snow Labs grants you subscription-based, non-exclusive, non-transferable, non-sub-licensable, non-assignable, revocable, limited, license to download, access to, modify, and use of, Data Library worldwide (subject to applicable export laws) during the term of this EULA (as described below) under the following conditions:
- The license to use our Data Library is granted for commercial or any other legal purposes for as long as you have an active subscription, or unless terminated or suspended under this EULA.
- This Data Library can only be used by one entity per each purchased license;
- The license is granted as a commercial and no-attribution license;
- Under the no-attribution license, you do not need to give the appropriate name of the creator and a copyright notice of John Snow Labs, provide link to this license and indicate if changes were made;
- This license is limited by all terms and conditions set forth in this EULA.
4.2 You can download any dataset from the Data Library from the Website.
4.3 No ownership interest in Data Library is bestowed to you pursuant to this EULA.
4.4 Except for your pre-existing rights and this license granted to you, we and our licensors retain all rights, titles and interests in and to our Data Library, all related intellectual property rights, including trademarks (whether registered or pending), domain and business names. Our Data Library is protected by applicable intellectual property laws, including United States copyright law and international treaties.
4.5 You must retain an active, fully paid license to Data Library per the terms of this EULA, for as long as you are using or have access to Data Library.
4.6 You shall purchase additional license(s) if Data Library is being used by more than one person and/or multiple licences if Data Library is being used by a group. For additional and multiple licenses, please contact us at support@JohnSnowLabs.com.
4.7 You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this EULA, your content or use of Data Library. You cannot transfer or sublicense your right to use the Data Library to any third party.
5.1 Except as otherwise explicitly provided in this EULA or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to:
- reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of Data Library or its technological features or measures;
- rent, lease, sell, resell, loan, distribute, or sublicense access to any of Data Library;
- circumvent or disable any security or technological features or measures of Data Library;
- use our intellectual property rights without our express prior written authorization or in violation of this EULA;
- if used for a trial period, you cannot use Data Library for more than one trial period;
- use Data Library with an intent to build a competitive product or service, or copy or substantially copy any ideas, features, functions, organization, structure, application program interface, graphics, or user interface of Data Library;
- copy, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on Data Library (collectively, “Content”) or compile or collect any Content as part of a database or other work;
- use any automated tool (e.g., robots, spiders) to access or use Data Library, or to store, copy, modify, distribute, or resell any Content;
- circumvent or disable any rights management, usage rules, or other security features of Data Library;
- use Data Library in a manner that overburdens, or that threatens the integrity, performance, or availability of, Data Library; or
- remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of Data Library or any Content.
5.2 If you breach any of this EULA, the above license will terminate automatically.
Fees and Taxes
6.1 The customer shall pay John Snow Labs license fees in the amounts as specified by John Snow Labs. Such license fees are due in accordance with the dates specified by John Snow Labs. In addition to all fees and charges required to be paid by the customer to John Snow Labs under this Agreement, the customer shall be responsible for and shall pay any and all fees, withholdings, taxes, and other costs or charges on such payments and transfers to John Snow Labs, exclusive of any income taxes calculated on John Snow Labs’ net income.
Support and Updates
7.1 John Snow Labs will provide the customer with support services related to Data Library (“Support Services”). Use of Support Services is governed by John Snow Labs’ policies and programs, to be provided as part of Data Library. Support Services are provided via email, during normal US business days & hours.
7.2 From time to time John Snow Labs can perform updates to our Data Library. If available, such updates may include bug fixes, new features and/or enhancements. You are solely responsible for deploying such updates at your own risk and liability.
Term and Termination; Effect of Termination
8.1 This EULA will become effective as of the date of your purchase of Data Library and shall be in effect until terminated.
8.2 John Snow Labs may immediately suspend or terminate your right to use Data Library, if you or your end user’s use of Data Library:
- is in breach of this EULA;
- if you fail to pay the applicable subscription fee;
- if you pose a security risk to Data Library;
- could adversely impact our systems, Data Library or other customers;
- could subject us, our affiliates, or any third party to liability; or
- could be fraudulent.
8.3 We may also immediately suspend or terminate your right to use Data Library, if you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
8.4 We can terminate this EULA and the license for any reason with sixty (60) days prior written notice. We will contact you through the contact details you provided us with.
8.5 The fee is non-refundable to you, if you terminate this EULA for any reason. We will give you a pro-rated refund, if we terminate this EULA, and unless such termination resulted from your violation of this EULA, any laws or regulations.
8.6 You will promptly cease use of Data Library and promptly irretrievably destroy all product(s) from the Data Library and/or all proprietary data of John Snow Labs obtained as a result of this license during any period of suspension, end of a subscription period, or upon termination of this EULA.
8.7 Upon termination of this Agreement, all copies of Data Library shall be returned to John Snow Labs and no copies shall be retained by the customer, or any of customer’s end users or related third parties.
8.8 All provisions which by their nature are intended to survive termination shall survive termination of this EULA.
Access to Data Library
9.1 We do not provide you with the equipment to access Data Library. You are responsible for all fees charged by third parties related to your access and use of Data Library (e.g., charges by Internet service providers).
9.2 You are responsible for monitoring your use of Data Library, including payment of all fees and/or taxes related to such access and use. You agree that John Snow Labs is permitted to request and you hereby consent to provide John Snow Labs information related to your use of Data Library for auditing purposes.
9.3 You also certify that you are legally permitted to use Data Library, and take full responsibility for the selection and use of Data Library. This EULA is void where prohibited by law, and the right to use Data Library is revoked in such jurisdictions. John Snow Labs makes no claim that Data Library may be lawfully used outside of the United States. If you use Data Library from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of jurisdiction.
Links and Third Party Content
11.1 Data Library may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties, or which is accessible through or may be located using Data Library (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
11.2 We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using Data Library, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our products.
12.1 John Snow Labs will not obtain any rights under this EULA from you (or your licensors) to your content.
12.2 Data Library is and remains the exclusive property of John Snow Labs and its licensors. Except for the access and use rights expressly set forth in this EULA, no license or other rights in or to Data Library or John Snow Labs trademark(s) and other intellectual property rights therein, are granted to you, and all such licenses and rights are expressly reserved. You will not remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of Data Library or any Content.
13.1 “John Snow Labs,” the John Snow Labs logo, and any other product, business or service name or slogan, whether registered or pending, displayed on Data Library are trademarks of John Snow Labs, Inc. or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of John Snow Labs or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “John Snow Labs” or any other name, trademark or product, business or service name of John Snow Labs without our prior written permission. In addition, the look and feel of Data Library, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of John Snow Labs may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, pending trademarks, registered trademarks, product names and company names or logos mentioned in Data Library are the property of John Snow Labs Inc. and/or their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
Disclaimer of Warranties
14.1 YOUR USE OF DATA LIBRARY IS AT YOUR SOLE RISK. THE PRODUCTS AND CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE PRODUCTS OR ANY CONTENT, AND YOU RELY ON THE PRODUCTS AND CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS EULA.
Limitation of Liability
15.1 WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR PRODUCTS AND CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS AND CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID FOR YOUR USE OF THE PRODUCTS AND CONTENT.
16.1 To the full extent permitted by applicable law, you shall defend, indemnify and hold harmless John Snow Labs, its affiliates and its licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to any third party claim concerning: (a) your use of Data Library; (b) breach of this EULA or violation of applicable law by you; (c) any content or the combination of such content with other software, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by such content or combination; or (d) breach of any obligation or duty you owe to a third party.
17.1 Enforcement of this EULA will be governed by the laws of the State of Delaware, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this EULA or your use of Data Library will lie in the state and federal courts located in Sussex County, within the State of Delaware, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in this EULA will not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. In the event that a court of competent jurisdiction finds any provision of this EULA to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
18.1 We may use your contact information to notify you if we have any legitimate interest or if we need to notify you on any important information related to your use of Data Library. We will not send you newsletters unless you expressly consented to such notifications.
19.1 If you have any questions or concerns about Data Library or this EULA, you may contact us by email at support@JohnSnowLabs.com.