The COUNTRY IP BLOCKS™ LLC CIPB Database is available under the terms of the COUNTRY IP BLOCKS™ LLC License.
COUNTRY IP BLOCKS™ LLC CIPB License version 1.0, April 9, 2012
COUNTRY IP BLOCKS™ LLC END-USER LICENSE AGREEMENT
By accessing, using or purchasing services from COUNTRY IP BLOCKS™ you agree that your use of the COUNTRY IP BLOCKS™ LLC CIPB database products and services is subject to the terms and conditions set forth in this COUNTRY IP BLOCKS™ LLC End User License Agreement (this "Agreement").
COUNTRY IP BLOCKS™ LLC, Inc. ("COUNTRY IP BLOCKS™ LLC") provides a line of database services and products which provide the geographic information with specific Internet protocol addresses. These database services and products are referred to in this Agreement individually as the "CIPB Database" and collectively as the "CIPB Databases". The data available through the CIPB Databases is referred to in this Agreement as the "CIPB Data". Some products in the COUNTRY IP BLOCKS™ LLC CIPB line may include COUNTRY IP BLOCKS™ LLC's proprietary computer programs used to query the CIPB Databases (the "CIPB Programs"). The referenced CIPB Databases and related services and products are accessible via the COUNTRY IP BLOCKS™ LLC website, www.countryipblocks.net (the "Site").
A separate license is required for each firewall, server, hardware or software appliance using the COUNTRY IP BLOCKS™ data.
The following policies are incorporated into this End User Agreement by reference and provide additional terms and conditions related to specific services and products provided by COUNTRY IP BLOCKS™ LLC: LIMITED GRANT OF RIGHTS.
In accordance with the terms of this Agreement, COUNTRY IP BLOCKS™ LLC hereby grants you a non-exclusive, non-transferable limited license to access and use the CIPB Databases and CIPB Data for your own internal Restricted Business purposes. Restricted Business purposes are limited to customizing website content, geographic reporting, and similar business purposes. You agree to use the CIPB Data and CIPB Databases 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 CIPB Databases except as reasonably required for using the CIPB Database as permitted hereunder,
(b) allow anyone other than yourself or your employees to access the CIPB Databases, or any portion thereof, without COUNTRY IP BLOCKS™ LLC's express written permission,
(c) use the CIPB Databases 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 CIPB Databases,
(e) use the CIPB Databases in any fashion that may infringe any copyright, intellectual property right, contractual right, or proprietary or property right or interest held by COUNTRY IP BLOCKS™ LLC,
(f) store in a retrieval system accessible to the public, transfer, publish, distribute, display to others, broadcast, sell, or sublicense the CIPB Databases, or any portion thereof,
(h) use the CIPB Data to create or otherwise support the transmission of unsolicited, commercial email,
(i) remove, disable, avoid, circumvent, or defeat any functionality in the CIPB Databases or CIPB Programs designed to limit or control access to or use of the CIPB Databases or CIPB Data,
(j) use, copy or otherwise access any portion of the non-free CIPB Data for which you have not made payment to COUNTRY IP BLOCKS™ LLC. If for any reason, you access such CIPB Data, these terms and conditions apply to your use of such data and you agree to pay all applicable charges, or
(k) copy, reverse engineer, decompile, disassemble, derive source code, modify or prepare derivative works of the CIPB Programs.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
(a) Trade Secrets and Confidential Information. You acknowledge and agree that any and all confidential information and materials from which COUNTRY IP BLOCKS™ LLC derives actual or potential economic value constitutes COUNTRY IP BLOCKS™ LLC's confidential and proprietary trade secrets (collectively, "Trade Secrets"). You further acknowledge and agree that COUNTRY IP BLOCKS™ LLC's Trade Secrets include, but are not limited to, the CIPB Databases, the CIPB Data, and the technology used in the CIPB Programs. You shall maintain any information learned about COUNTRY IP BLOCKS™ LLC's Trade Secrets as confidential and shall not disclose such information or permit such information to be disclosed to any person or entity. With respect to all such information, you shall exercise the same degree of care to protect COUNTRY IP BLOCKS™ LLC's Trade Secrets that you exercise with respect to protecting your own confidential information, and in no event less than reasonable care.
(b) Ownership. All intellectual property rights including copyrights, moral rights, trademarks, trade secrets, proprietary rights to the CIPB Databases, CIPB Data and CIPB Programs are exclusively owned by COUNTRY IP BLOCKS™ LLC. You acknowledge and agree that you obtain no right, title or interest therein. You hereby assign to COUNTRY IP BLOCKS™ LLC 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.
COUNTRY IP BLOCKS™ LLC's current fee schedule for using the CIPB Databases and related services is posted on the COUNTRY IP BLOCKS™ LLC website (url: http://www.countryipblocks.net). You are responsible for paying all fees associated with the use of the CIPB Databases.
APPLICATION PROGRAM INTERFACES (APIs)
Upon your request, COUNTRY IP BLOCKS™ LLC may facilitate your access to certain application program interfaces ("APIs") for use with the CIPB Databases, and other COUNTRY IP BLOCKS™ LLC products. Some APIs may have been developed by third parties. COUNTRY IP BLOCKS™ LLC and you acknowledge that the APIs are not CIPB Databases, CIPB Programs, or other COUNTRY IP BLOCKS™ LLC products as defined in this Agreement and that COUNTRY IP BLOCKS™ LLC does not provide any warranties for the APIs.
CHANGES TO THE AGREEMENT.
(a) COUNTRY IP BLOCKS™ LLC 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 COUNTRY IP BLOCKS™ LLC's web site, or (ii) the date that COUNTRY IP BLOCKS™ LLC provides notice to you of the amended Agreement pursuant to the notice provisions in this 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 notice to COUNTRY IP BLOCKS™ LLC if a change is unacceptable to you. Your continued use of the CIPB Data, CIPB Databases or CIPB Programs 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 the license of the CIPB Databases hereunder except for (i) 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 and (ii) to the limited extent such terms and conditions expressly are required by the applicable law or governmental regulation of the United States to take precedence over the terms and conditions of this Agreement.
LIMITATION ON LIABILITY.
COUNTRY IP BLOCKS™ LLC'S MAXIMUM TOTAL LIABILITY FOR ALL OCCURRENCES (IF ANY), TAKING PLACE DURING ANY TWELVE-MONTH PERIOD (OR A PORTION THEREOF, IF THIS AGREEMENT IS NOT IN EFFECT FOR TWELVE MONTHS), ARISING OUT OF OR IN ANY WAY RELATED TO THE AUTHORIZED OR UNAUTHORIZED ACTS OF COUNTRY IP BLOCKS™ LLC'S EMPLOYEES OR COUNTRY IP BLOCKS™ LLC'S PERFORMANCE OR NONPERFORMANCE OF THE SERVICES PROVIDED HEREIN, INCLUDING (BUT NOT LIMITED TO) ERRORS OF DESIGN OR ERRORS WHICH ARE DUE SOLELY TO MALFUNCTION OF COUNTRY IP BLOCKS™ LLC-CONTROLLED MACHINES OR FAILURES OF COUNTRY IP BLOCKS™ LLC OPERATORS, COUNTRY IP BLOCKS™ LLC PROGRAMMERS OR COUNTRY IP BLOCKS™ LLC-DEVELOPED PROGRAMS, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES PROVIDED BY COUNTRY IP BLOCKS™ LLC UNDER THIS AGREEMENT DURING SAID TWELVE-MONTH PERIOD (OR DURING SUCH SHORTER PERIOD THAT THIS AGREEMENT IS IN EFFECT). YOU AGREE THAT THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDY. YOU HEREBY RELEASE COUNTRY IP BLOCKS™ LLC, ITS OFFICERS, EMPLOYEES AND AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
NO CONSEQUENTIAL DAMAGES.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE SHALL COUNTRY IP BLOCKS™ LLC 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 CIPB DATABASES AND RELATED SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY, STATUTE OR OTHERWISE EVEN IF COUNTRY IP BLOCKS™ LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
THE CIPB DATABASES, CIPB DATA AND CIPB PROGRAMS ARE FURNISHED ON AN "AS IS", AS-AVAILABLE BASIS. COUNTRY IP BLOCKS™ LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CAPABILITY OF THE CIPB DATABASES, CIPB DATA AND CIPB PROGRAMS OR THE ACCURACY OR THE COMPLETENESS OF THE CIPB DATA. 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. COUNTRY IP BLOCKS™ LLC DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE IS FREE OF OTHER HARMFUL COMPONENTS. NEVERTHELESS, COUNTRY IP BLOCKS™ LLC SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SITE FREE OF VIRUSES AND MALICIOUS CODE.
This Agreement shall be governed and interpreted pursuant to the laws of Arizona, applicable to contracts made and to be performed wholly in Arizona, without regard to principles of conflicts of laws. You specifically consent to personal jurisdiction in Arizona in connection with any dispute between you and COUNTRY IP BLOCKS™ LLC arising out of this Agreement or pertaining to the subject matter hereof. You agree that the exclusive venue for any dispute hereunder shall be in the state and federal courts in Phoenix, Arizona.
Notices given under this Agreement shall be in writing and sent by facsimile, e-mail, or by first class mail or equivalent. COUNTRY IP BLOCKS™ LLC shall direct notice to you at the facsimile number, e-mail address, or physical mailing address (collectively, "Address") you provided in the registration process. You shall direct notice to COUNTRY IP BLOCKS™ LLC at the following address:
COUNTRY IP BLOCKS™ LLC, Inc.
Prescott, Arizona 86302
Either party may change its Address for notice at anytime by giving notice of the new Address as provided in this section.
This Agreement represents the entire agreement between you and COUNTRY IP BLOCKS™ LLC with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements, oral or written, between the parties regarding the subject matter hereof.
You agree to use the CIPB Data and CIPB Databases only in a manner that is consistent with applicable laws.
You may not assign your rights in this Agreement without COUNTRY IP BLOCKS™ LLC's prior written consent. COUNTRY IP BLOCKS™ LLC may assign its duties and obligations under this Agreement.
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.
FAILURE TO ENFORCE.
The failure of COUNTRY IP BLOCKS™ LLC to enforce any provision of these terms and conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
If you submit a document which includes your facsimile signature, COUNTRY IP BLOCKS™ LLC may treat the facsimile signature as an original of your signature.
The section headings used herein, are for convenience only and shall have no force or effect upon the construction or interpretation of any provision hereof.
By accessing this website and/or using any COUNTRY IP BLOCKS™ data, service or software you agree: (1) that you have read the terms stated above; (2) you understand the terms stated above; (3) you are forming a legally binding contract; (4) a printout of the terms stated above will constitute a "writing" under any applicable law or regulation without regard to when or by which party the printout is made; and (5) you have authority to enter into this Agreement on behalf of your company and your company agrees to abide by all the terms of the Agreement stated above.
COUNTRY IP BLOCKS™ LLC, CIPB and related marks are trademarks of COUNTRY IP BLOCKS™ LLC.