End User License Agreement (EULA) for the Social Hotspots Database and System and the SHDB Datasets
This EULA represents a contract between New Earth, legally representing the Social Hotspots Database (SHDB) and you as an individual or legal person as end user of an SHDB license.
Please read this EULA carefully before using any version of the SHDB Database or any SHDB Dataset.
Full documentation on the Social Hotpots Database V2 is available online on the SHDB user portal and given in:
Benoit Norris, Catherine, Norris, Gregory A., Aulisio, Deana. 2013. The Social Hotspots Database V2, New Earth.
The following defined terms and expressions shall have the same meaning in singular as well as in plural:
EULA means End User License Agreement of any version of the SHDB Database or any SHDB Dataset.
New Earth means a Maine non-profit corporation with offices located in York, Maine hereinafter referred to as Licensor.
SLCA means Social Life Cycle Assessment.
SHDB Database means the Social Hotspots Database and System containing SHDB Datasets. The SHDB database may be access through the SHDB website (www.socialhotspot.org) or through licenses available for different software systems.
The SHDB Database covers any version of the database that any end user has access to.
SHDB Dataset means the individual Life Cycle Inventory data in the SHDB Database, each representing the economic relationships and labour intensity estimates (when relevant) as well as the social risk and opportunity data for a specific country and or human activity, in whatever form (electronic, paper, website) they may be accessed by the end user.
SHDB guest means a person being granted only an inscription for the SHDB Database without being granted a single- or multi-user-license.
End user represents an individual or legal person using the SHDB Database or any SHDB Dataset as a single user on an individual computer or as a multi-user on several individual computers or a workstation.
End user are hereinafter referred to as Licensee.
Licensor and Licensee are hereinafter referred to as Parties.
Reseller means a supplier of LCA Software with the SHDB Database.
GTAP means the Global Trade Analysis Project, Purdue university.
3. Scope of this EULA and subject matter
1. The SHDB Database or any SHDB Dataset are solely owned by Licensor or any other Licensor’s data supplier such as GTAP. They are only licensed, not sold.
2. The SHDB Database as well as any SHDB Dataset are protected by national and international copyright laws and treaties. Licensor reserves all intellectual property rights, including copyrights and trademark rights.
3. This EULA shall apply to all contractual relationships in which a Licensee acquires a license for the use of the SHDB Database or any SHDB Dataset directly from Licensor or via a Reseller.
5. The SHDB Database or an SHDB Dataset are licensed at different license fees in different versions for commercial use either as a single-user license on an individual computer or as a multi-user license on several individual computers or workstations at Licensee’s site.
6. The SHDB Database or an SHDB Dataset can also be granted with different license fees as a single-user license on an individual computer or as a multi-user license on several individual computers or workstations for non-commercial, academic use at Licensee’s site.
7. The following license types are available:
a. Government/Private Sector User License (more than one user): These licenses are available on a per-project or per-division basis; hence the licensee may share the SHDB Database with individuals strictly within their department or designated division.
b. Multiple Academic Users License (more than one user): These licenses are available on a per- project or per-department basis to a teaching university or college for research and teaching purposes only. The licensee may share the SHDB Database with individuals strictly within their department or designated division
c. Single Academic User License (one user only): These licenses are restricted to a single user, the licensee, employed at a teaching university or college. Program may only be used by the licensee for research and teaching purposes, and they may only be installed on the licensee’s computer.
d. Website license: These licenses are restricted to a single user to access the SHDB V2 online portal.
8. Conditions on the Use and Supply of the SHDB
1) The license is granted to the licensee who is responsible for the proper use of the license. New Earth must be notified of any changes to the name and/or address of the licensee. If the licensee leaves the department/division, and the license is the property of the department/division, the licensee must contact the Center and transfer the license to someone else who is employed by the owner of the license.
2) The SHDB may only be used within the department/division (or by the person) to whom the software is supplied, and shall not be copied for use by other organizations or persons.
3) Acknowledgments of the SHDB must be made by citing the reference listed above in section 1 whenever the SHDB is used.
9. The Licensee obtains access to the SHDB Database or an SHDB Dataset with a login and password for online access.
4. License fees
a) End user
1. The payment for the transfer and use of the SHDB Database or SHDB Dataset of the respective version and license type is subject to the price list valid at the time of the order or subject to a written agreement between Licensor / Reseller and Licensee regarding the price. 2. After payment, login and password are sent to Licensee, allowing access to the corresponding SHDB Database or SHDB Dataset. 3. Login and passwords may be changed by Licensor at any time and the new login and password are communicated to Licensee.
5. Validity of License
1. The granted license is only valid for the current version of the SHDB Database or for a specific SHDB Dataset which has been purchased. Access to these data is granted as long as a specific version is offered as a license by New Earth or a Reseller. If a certain version is no longer offered as a license by New Earth or by a Reseller to whom the right of licensing has been commissioned, neither access to nor support for such a version of the SHDB Database or for such a specific SHDB Dataset are guaranteed
2. Against payment of an annual service fee, the end user obtains access to any published updates for the licensed version of the SHDB Database or the SHDB Dataset during the following 12 months period. Access to updates can only be obtained by continuous annual payment of the annual service fee or by purchase of a new license.
6. Rights of Licensee
1. As between the Parties, Licensor reserves all rights in and to the SHDB Database or to a specific SHDB Dataset. Licensee is granted a right to use the SHDB Database or a specific SHDB Dataset as set forth in this EULA, unless additional rights to use are explicitly granted in a written document.
a) End user:
2. As a single-user license, end user is granted a non-exclusive license that may be assigned to use the licensed version of the SHDB Database on a single computer only as set forth in this EULA.
3. With a multi-user license, the SHDB Database may be implemented on a specified number of computers or workstations, provided that these computers or workstations are owned by the same end user. The number of concurrent computers using the SHDB Database is specified in the end user’s order and in the respective bill.
4. End user is entitled to use the SHDB Database as specified in the corresponding order and in the respective bill, for an unlimited number of commercial or educational projects and reports. Data shall be quoted herein by attributing as source the corresponding SHDB Database and/or the corresponding version of the SHDB Dataset as specified in section 1.
7. Restrictions of use
1.a. The use of a single-user license is connected and limited to one identified person.
1.b. The use of a multi-user license is connected and limited to a corresponding number of identified persons.
2. Licensee is not entitled to use the SHDB Database or the SHDB Dataset by preparing extracts, or for any further commercial purposes.
3. Licensee is not entitled to reproduce, disseminate or publicly display any significant portions of the SHDB Database or the SHDB Datasets.
4. Licensee is not entitled to sell, rent, lease, loan, distribute, export, import, act as an intermediary or provider, or grant any kind of license rights to third parties with regard to the SHDB Database, the SHDB Dataset or any portions thereof.
5. Licensee is not entitled to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the SHDB Database, the SHDB Dataset or any part thereof except to the extent permitted by law.
6. Licensee is not entitled to assign the SHDB Database or the SHDB Dataset as a whole or any portions thereof to any third party.
8. Other rights of Licensor
1. Licensor reserves any other rights regarding the use and exploitation of the SHDB Database, e.g. the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the SHDB Database.
9. Validity and material defects of SHDB Database or an SHDB Dataset
It is within the responsibility of Licensee to verify and to assess the validity and integrity of the SHDB Database or the SHDB Dataset prior to its use and to decide whether or not it fits for the intended use.
10. Limitation of Liability
1. Licensor shall only be liable for damages occurring on willful intent or gross negligence.
2. Licensor shall not be liable for any material defects/damages, including consequential damages, loss of income, business or profit, special, indirect or incidental damages due to the use of SHDB Database or any SHDB Dataset.
3. Licensor’s liability for material defects is restricted to those taking place during the transfer of the SHDB Database or any SHDB Dataset from the original source to Licensee.
4. Licensee must assume the entire risk of using the SHDB Database or any SHDB Dataset.
11. Guarantees / Warranties
1. Licensor disclaims all warranties, expressed or implied, including, but without limitation, the warranties of merchantability and of fitness for any purpose of SHDB Database or any SHDB Dataset.
2. Licensor guarantees the operability of the currently available version of the SHDB Database.
3. Licensor has made all efforts possible to avoid SHDB Datasets being subject to the rights of third parties, in particular that its use does not infringe patents, copyrights or other intellectual property rights of third parties. However, Licensor does not guarantee that SHDB Datasets are not subject to the rights of third parties. Licensee shall notify Licensor immediately and in writing if any third party should assert an infringement claim against Licensee in connection with the SHDB Database.
4. Licensor does not guarantee the accuracy, completeness, correctness, non-infringement of third party rights or fitness for a particular purpose of information available from the currently available version of the SHDB Database.
5. Licensor does not guarantee that the technical details of the SHDB Database are suitable for a specific purpose beyond the specifications in the SHDB document and quality guideline.
6. In case of programming errors (e.g. technical corruption) limiting the usability of the currently available version of the SHDB Database, the warranty period shall be one year after purchase of a license.
12. Severability Clause
1. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the validity or enforceability in that jurisdiction or any other provision of this Agreement shall not be affected. The concerned provision is superseded in accordance with the legal laws.
2. Instead of an invalid provision, a valid provision shall be deemed to be agreed which comes economically closest to what the parties intended; the same applies in the case of an omission.
13. Changes of this Agreement
4. In case of modifications and changes of any national or international legal framework having compulsory effect on this EULA as well as on the provision of any contractual duties, rights and services formerly negotiated between Licensor and Licensee, Licensor shall be allowed to change this EULA without explicit consent of Licensee.
1. Licensor reserves the right to terminate this EULA at any time without consent of Licensee. Termination shall automatically become effective one month after notification to Licensee has taken place.
2. Licensor may terminate this EULA with immediate effect if Licensee fails to comply with any term or condition of this EULA. In such event, Licensee must destroy all copies of the provided SHDB Database or any SHDB Dataset.
3. The use of SHDB Database or SHDB Dataset will be automatically terminated in case of Licensee denies renewal of consent to this EULA.
15. Applicable Law and Court of Jurisdiction
1. All disputes arising out of or in connection with this Agreement, including disputes on its conclusion, binding effect, amendment and termination, shall be exclusively governed by US law.
2. The Court of Jurisdiction is United States, Maine.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY DOWNLOADING OR INSTALLING OR USING THE SHDB DATA, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO LICENSOR THE RIGHTS SET FORTH HEREIN.