Downloading or utilizing this data signifies that you accept the terms below and forms a valid contract between You and CSG.
This Agreement contains the terms, covenants, conditions, and provisions upon which The Council of State Governments ("CSG") will license, and you ("You" or "Your") may use the data contained in the following downloadable Excel file and the final published report ("CSG Data"). You should carefully read the following license agreement before using the CSG Data. If You do not agree with the terms of this agreement, You may NOT use the CSG Data.
In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
1. License. This data, unless stated otherwise, is proprietary to The Council of State Governments. CSG grants You a limited, nonexclusive, nontransferable, revocable license to use the CSG Data. This license grants You permission to use the CSG Data only. This license does not grant you permission to use any CSG final published report, in whole or in part. Your license to use the CSG Data is subject to the following terms and conditions:
1.1 The license granted in this Section 1 is personal to You. You may use the CSG Data for personal use or for use in works You create for your organization. You are prohibited from sublicensing or otherwise granting to any other person (excluding other persons within your organization) any right to use the CSG Data.
1.2 In all uses of the CSG Data, You shall provide attribution to CSG as the source and owner of the CSG Data in a clear and conspicuous manner and indicate that the CSG Data is being used by permission as follows:
"Source: The Council of State Governments."
If the data set has been modified, you must use the attribution below:
"Source: The Council of State Governments. This data has been modified by [insert name of your organization]."
1.3 The CSG Data may be used for noncommercial purposes only. You may not sell the CSG Data, works You or your organization create containing the CSG Data, or otherwise charge the general public a fee to access the CSG Data.
1.4 You are permitted to make articles or other works that incorporate portions of CSG Data sets available to others for download. However, you shall not make available for download or otherwise permit others to download entire CSG Data sets or substantial portions thereof, or any of Your modifications of entire CSG Data sets or substantial portions thereof. Notwithstanding the foregoing, you may incorporate limited portions of the Data in scholarly, research or academic publications or for the purposes of news reporting.
1.5 It is understood and agreed that the use of the CSG Data by You or Your organization in no way constitutes an endorsement from CSG, either express or implied.
2. Data Ownership. CSG owns or otherwise has the right to license to others the right to use the CSG Data. You acknowledge and agree that the CSG Data constitutes valuable intellectual property which is the sole property and proprietary information of CSG. All right, title and interest in and to the CSG Data (including all copyrights, patents, trade secrets and other intellectual property rights) shall remain with CSG and You shall acquire, under the terms hereof, only the non-exclusive right to utilize the CSG Data under the terms provided herein. You shall not take any actions which are inconsistent with CSG’s ownership rights in and to the CSG Data including, but not limited to, challenging CSG’s rights.
3. Warranties, Indemnification and Disclaimers
3.1 CSG WARRANTS ONLY THAT IT HAS FULL AUTHORITY AND POWER TO GRANT YOU THE NON-EXCLUSIVE USE RIGHTS SPECIFICALLY AUTHORIZED BY CSG IN THIS AGREEMENT. YOU ASSUME ALL LIABILITIES WHICH MAY ARISE OUT OF OR RELATE TO ACQUIRING, PROCESSING, USING AND APPLYING THE CSG DATA, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CSG HARMLESS FROM ANY CLAIMS, ACTIONS, OR DAMAGES, INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES, ARISING OUT OF OR RELATED TO ACQUIRING, PROCESSING, USING AND/OR APPLYING THE CSG DATA.
3.2 YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING ALL CSG DATA SUBJECT TO THIS AGREEMENT “AS IS” AND CSG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN RESPECT TO THE QUALITY, ACCURACY, CONDITION, DURABLILITY, ABSENCE OF PATENT OR LATENT DEFECTS, ABSENCE OF PATENT, TRADEMARK OR COPYRIGHT INFRINGMENT, OR THE USEFULNESS OF SUCH CSG DATA, AND ANY SUCH IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY NEGATED. YOUR EXAMINATION, EVALUATION, INTERPRETATION AND/OR USE OF THE CSG DATA AND ANY DERIVATIVES THEREOF SHALL BE AT YOUR OWN RISK AND RESPONSIBILITY AND NEITHER YOU NOR ANY OTHER PARTIES SHALL HAVE ANY CLAIM AGAINST AND HEREBY RELEASE AND FOREVER DISCHARGE CSG FROM ANY LIABILITY OF ANY KIND AS A CONSEQUENCE THEREOF.
3.3 CSG SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PARTIES FOR DIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT OR THE USE BY YOU OR SUCH OTHER PARTIES OF THE CSG DATA AND/OR DERIVATIVES THEREOF, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED.
4. Term & Termination
4.1 Term. This Agreement is effective until terminated.
4.2 Termination. This Agreement may be terminated by any party at any time without cause. Such termination shall be effective immediately upon providing notice to the non-terminating party.
4.3 Effect of Termination. Upon termination of this Agreement for any reason: (i) the license granted in Section 1 herein shall immediately cease and all rights granted to You hereunder shall forthwith revert to CSG; and (ii) You shall immediately cease and refrain from further use of the CSG Data and from further display, publication or dissemination of materials containing the CSG Data.
5. Attorneys' Fees. If CSG is required to engage the services of an attorney to enforce any of its rights under this Agreement, including any action for damages, declaratory judgment or injunction, CSG shall be entitled to recover, in addition to any other costs and relief that may be granted by the court in any such action, reasonable attorneys’ fees and other costs of collection, as well as court costs and other fees and expenses incurred by reason of such engagement. That recovery shall include costs and attorneys’ fees incurred by CSG during any appeal.
6. Waiver. The rights of each party, whether granted by this Agreement or by law or equity, may be exercised, from time to time, singularly or in combination, and the waiver of one or more of such rights shall not be deemed to be a waiver of such right in the future or of any one or more of the other rights which the exercising party may have. Any right and any breach of a term, provision or condition of this Agreement by one party shall not be deemed to have been waived by the other party hereto, unless such waiver is expressed in writing and signed by an authorized representative of such party, and the failure of either party to insist upon the strict performance of any term, provision or condition of this Agreement shall not be construed as a waiver or relinquishment in the future of the same or any other term, provision or condition.
7. Governing Law/Disputes. All questions arising out of or concerning this Agreement or its validity, interpretation, performance or breach shall be governed and decided by application of the appropriate laws (except for any rule of such laws which would make the law of any other jurisdiction applicable hereto) of Kentucky. Any dispute between the parties that cannot be resolved by mutual agreement shall be resolved and decided by the federal or state courts serving Lexington, Kentucky, and the parties irrevocably submit to the jurisdiction of such courts for such purposes.
8. Headings. The headings in this Agreement are for convenience reference only and shall not be used as aids to its interpretation.
9. Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
10. Survival. The rights and responsibilities established in Sections 2, 3, 4.3, 5 and 7 shall indefinitely survive the termination of this Agreement.
11. Entire Agreement. This Agreement contains the entire agreement between the parties as to the subject matter referenced herein. No agreement, statements, or representations not contained in this Agreement shall have any force and effect.