SUBLICENSE FOR CENSUS TRACT LEVEL INFORMATION

Dataset/SUBLICENSE FOR CENSUS TRACT LEVEL INFORMATION

• Other Datasets

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, you (the “User”) must first read this License Agreement and agree to be bound by its terms. By clicking “ENTER” (below), YOU AFFIRM YOU HAVE READ THIS LICENSE AGREEMENT AND THAT YOU AGREE TO ITS TERMS. Once you have clicked “Enter” (below), you will be permitted to proceed to the next screen.

IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, DO NOT CLICK “ENTER” and, instead, 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 will 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 "Enter" 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 of CTL Information provided to User, all formations, translations 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 User is involved, including HOME, CDBG, ADDI, and ACA.

“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, licensing, 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 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 this License Agreement excludes any activity, right, or use of the CTL Information other than that which is specifically granted herein.

OWNERSHIP OF PROPRIETARY RIGHTS

As between HUD and User, HUD retains all right, title, and interest to the intellectual property rights, including all copyrights and trade secrets, in the CTL Information, including all compilations and derivative works, if any, and in any other proprietary or confidential material or interest provided to User. Providing the CTL Information (or any Information) to User does not transfer any right, title, or interest to User other than a license strictly according to the terms specified in this License Agreement.

In the case that User claims or is deemed to own any rights in the CTL Information, the Information, derivatives thereof, recompilations, or the like outside the license specifically granted in this License Agreement, User hereby assigns all right, title, and interest in those rights, including all copyrights, to HUD, and agrees to sign such further documentation as is necessary, if any, to effect the assignment.

SECURITY AND CONFIDENTIALITY

User acknowledges that the Information is confidential and proprietary. At all times, the User must maintain (a) appropriate security controls to restrict access to the hardware, software and data used in connection with this License Agreement and to ensure a secure environment for maintaining that hardware, software, and data, (b) personnel and management policies sufficient to provide reasonable assurance of the trustworthiness and competence of its employees and the satisfactory performance of their duties and in accordance with all applicable laws, rules, and regulations, and (c) appropriate computer and network security controls, including the use of reasonable security procedures that are sufficient to ensure that CTL Information, documents, notices, and other information specified in this License Agreement that are electronically created, communicated, processed, stored, retained, or retrieved are authentic, accurate, reliable, complete, and confidential, and that business records and data are protected from improper access.

Any copies of CTL Information produced by User will bear the following notice: “Contains in whole or in part confidential and proprietary property of the United States Postal Service subject to the protection of copyright and other law, under license. All rights reserved.”

The CTL Information is derived from address information and is governed by the provisions of 39 U.S.C. § 412, which prohibits the public disclosure of address lists. Accordingly, User must take all steps necessary to secure the CTL Information in a manner that protects it from access by unauthorized third parties or the public and prevents any attempt to determine address specific information from the CTL Information.

JURISDICTION AND VENUE

This License Agreement will be interpreted under U.S. federal law, and, if none is applicable, under the law of the State of New York as interpreted by U.S. Court of Appeals for the Second Circuit, without regard to its choice of law or conflicts of law principles.

User acknowledges and agrees that any action taken with respect to this License Agreement will be brought in a federal court located in Washington, the District of Columbia. User irrevocably (i) submits to the exclusive personal jurisdiction of such court in Washington, the District of Columbia; (ii) waives any objection that it may have at any time to the laying of venue of any proceedings brought in such court; (iii) waives any claim that such proceedings have been brought in an inconvenient forum; and (iv) further waives the right to object, with respect to such proceedings, that such court does not have personal jurisdiction over User.

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 will 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, except that User will indemnify and hold harmless HUD, its officers, employees, representatives, and agents from and against any and all claims, demands, causes of action, liability, loss, damages, judgments and expenses (including reasonable attorney fees, court costs and amounts paid in settlement) when and as incurred in connection with any third party claim or cause of action resulting from or related to a breach by User.

TERM

This License Agreement is granted for a term of one year from October 1 through the following September 30. If this License Agreement is acquired after October 1 in any such year, the term will be less than one year and run from the date of acquisition to the following September 30. Either party may terminate this License Agreement for no reason or any reason by written notice to the other party. HUD has the right to terminate this License Agreement immediately upon discovery of a possible improper disclosure or unauthorized use of any of the CTL Information or the Information by User or its employees, agents, or contractors. Upon termination of this License Agreement, User must immediately cease use of all CTL Information. All rights to Use CTL Information and any other rights under this License Agreement terminate immediately upon termination. User acknowledges that HUD obtained the CTL Information by way of license and that termination of HUD’s license to the CTL Information immediately terminates this License Agreement.

SURVIVAL

The following sections of this License Agreement will survive any completion or termination of this License Agreement: “Definitions”, “Ownership of Proprietary Rights”, “Representation and Warranty; Limitation of Liability”, “Term”, and “Survival”.

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