Domain Expert: Senior Corporate Legal Counsel / IT Compliance Officer
Abstract:
This document outlines the "GeoLite End User License Agreement" (EULA) governing the use of MaxMind’s free geolocation databases and web services. It establishes the legal framework for data usage, attribution requirements, and stringent restrictions on how geolocation information may be applied—specifically prohibiting its use for Fair Credit Reporting Act (FCRA) purposes or the identification of specific households and individuals. The agreement mandates compliance with international export control laws, clarifies MaxMind’s limited liability, and establishes Massachusetts as the governing jurisdiction for legal disputes.
Summary of Terms and Conditions:
License Grant: MaxMind provides a non-exclusive, non-transferable license for the internal business use of GeoLite Data, provided the user includes appropriate attribution to MaxMind.
Prohibited Applications (FCRA): The data must not be used as a "consumer report" or as a factor in determining creditworthiness, insurance eligibility, employment decisions, or governmental benefits.
Accuracy and Privacy Limitations: MaxMind disclaims all warranties regarding data accuracy. Users are contractually barred from attempting to identify specific households, street addresses, or individuals using the provided geolocation services.
Operational Requirements: Users must maintain security measures to protect the data, promptly implement database updates, and destroy outdated versions of the GeoLite data within 30 days of a new release.
Indemnification and Liability: Users agree to indemnify MaxMind against claims resulting from breach of the agreement. MaxMind’s liability is strictly capped at the greater of $100 or the statutory minimum.
Termination and Amendment: MaxMind reserves the right to amend the agreement at any time. Continued use of the services after notification constitutes acceptance. MaxMind may terminate access at its discretion.
Regulatory Compliance: Users must adhere to all applicable export control laws, including U.S. Department of Commerce (EAR) and Department of State (ITAR) regulations, and must not transfer services to prohibited entities or destinations.
Jurisdiction: The agreement is governed by the laws of the Commonwealth of Massachusetts, with exclusive venue in the state and federal courts of Boston.