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SUBLICENSE FOR CENSUS TRACT LEVEL INFORMATION


U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

OFFICE OF POLICY DEVELOPMENT AND RESEARCH

USER MUST READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS TO PROCEED!

To access the Census Tract Level Information ("CTL Info"), you (the "User") must first read this License and agree to be bound by its terms. By clicking on the "Yes" button at the bottom of the page, you will be recording your affirmative statement that you have read the license and that you agree to its terms.

If you do not wish to be bound by the terms of the license, click the "No" button and immediately exit this application and promptly return this product and any and all accompanying materials to HUD according to the instructions provided by it.

DEFINITIONS:

In this License Agreement, the terms specified below shall have the following definitions:

"Census Tract Level Information" or "CTL Information" means the ZIP+4 geographic level Information aggregated into Census Tract Level groupings (accessible through clicking on "Ente" below) such that the Information at the ZIP+4 level is not discernable by any means.

"Information" means the CTL Information and, within the body CTL Information provided to User, all formations and aggregate and non-aggregate levels of the CTL Information, even though not accessible by User.

"Stated Purpose" means measuring and forecasting neighborhood changes, assessing neighborhood needs, and measuring/assessing the various HUD programs in which Users are involved (HOME, CDBG, ADDI, and SHOP).

"Use" means employing the CTL Information anywhere within User's own organization and User's own facilities, and also includes User displaying it to other organizations but only so long as necessary to accomplish the Stated Purpose, but in no event does "Use" include selling or distributing CTL Information.

GRANT

HUD grants User a royalty-free, non-exclusive license to Use the CTL Information for the Stated Purpose for the Term, contingent upon adhering to the Terms and Conditions of this License Agreement.

This license does not include the right to collect or use the CTL Information for marketing or promotion or any similar activity.

Except in the exact form of the CTL Information, this License includes no rights to use the Information whatsoever.

The scope of the Agreement excludes any activity, right, or use of the CTL Information other than that which is specifically granted herein.

OWNERSHIP OF PROPRIETARY RIGHTS

HUD, its assignees and/or its licensor retain all right, title, and interest to the intellectual property rights in the Information and any other proprietary material or interest provided to User. Providing to User the compilation of data referred to herein as "Information" and as "CTL Information" does not transfer any right, title, or interest to User other than the license to use the CTL Information for the Stated Purpose strictly according to the terms specified in this License.

User agrees that HUD and/or its assignees own all right, title, and interest in any resulting derivative compilations. User hereby assigns all right, title, and interest that it might have, if any, in such derivative compilations to HUD or its assignees and agrees to sign such further documentation as is necessary, if any, to effect the assignment.

REPRESENTATION AND WARRANTY; LIMITATION OF LIABILITY

HUD makes no representation or warranty as to the accuracy of the Information or as to its fitness for a particular purpose. Neither party shall be liable to the other for losses or damages of any kind, whether direct or indirect, special, consequential or otherwise, arising under or related to this License Agreement.

TERM

Either party may terminate this License for no reason or any reason by written notice to the other party.

HUD may terminate the License immediately upon discovery of a possible improper disclosure or unauthorized use of any of the Information by User or its employees, agents, or contractors.

Upon termination, User must immediately cease use of all CTL Information. All rights to Use CTL Information and any other rights under the License terminate immediately upon termination.

SURVIVAL

Either party may terminate this License for no reason or any reason by written notice to the other party.

The following sections of this License Agreement shall survive any completion or termination of this License Agreement: "Definitions", "Ownership of Proprietary Rights", "Customer Information and Confidentiality", "Representation and Warranty; Limitation of Liability", "Term" and "Survival."