CONTENT DESCRIPTION

The “Annual Subscription” consists of public opinion surveys carried out by the Latin American Public Opinion Project as part of its AmericasBarometer series. The sample sizes, county coverage and questionnaire content will vary from survey wave to wave. Normally, a new wave is conducted every two years, but this is not guaranteed as it depends on grant and contract funding to the Latin American Public Opinion Project. The subscription does not cover special purpose samples that may be carried out from time-to-time, even when those are listed on the LAPOP web site (www.LapopSurveys.org).

ANNUAL SUBSCRIPTION

The subscription runs for one year, starting the day after both a signed Licensing Agreement and payment are received by Vanderbilt. During the subscription period, the Subscriber may download the data files at any time and for as many times as needed. AmericasBarometer data may be used only during the valid term of the subscription.

AUTHORIZED USERS, SUBSCRIBERS AND ACCESS

The “Subscriber” is the institution or an individual that purchases the annual subscription from Vanderbilt and pays the subscription fee.

"Authorized User" shall be defined as the Subscriber if the Subscriber is an individual, and if the Subscriber is an institution, shall further include those users at the Subscriber’s institution who have a LAPOP provided username and Password and/or are accessing the data through an authorized IP address.

The Subscriber shall choose between two options to access the data sets. The first and preferred method is via IP authentication, as it is the most convenient option for both Subscribers and LAPOP. The second is using a username and password to log in. Either option is only for use by the Subscriber and its Authorized Users. The username and password will allow for unlimited simultaneous users. The username and password will expire upon termination of the agreement.

IP Authentication Requirements: Subscriber must have a fixed IP address or range of IP addresses through which it connects to the internet (individual computers may have dynamic server-assigned addresses as long as they use a gateway with a static address to access the internet). Dial-up access and most home broadband services are not suitable. Ideally Subscriber should have a website/intranet from which there can be a link to the AmericasBarometer data base. Bear in mind that anyone who has access to a computer within the specified range can access the AmericasBarometer.

Once your IP address(es) or IP range(s) are sent to LAPOP, Subscriber access will be set up via IP authentication.

Username / Password Log In

For those who have Authorized Users who will need to access the data remotely, a username and password can be set up.

PERMITTED USES FOR SUBSCRIBERS AND AUTHORIZED USERS

1. Retrieve Subscribed Materials
2. Print, download, and digitally copy Subscribed Materials
3. Authorized Users shall be permitted to extract or use information contained in the database for educational, scientific, or research purposes, such as extraction, manipulation and recombination of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis.
4. Use a reasonable portion of the Subscribed Materials in connection with specific courses of instruction offered by their institution, including use for electronic reserves.
5. Use a reasonable portion of the Subscribed Materials in the preparation of course packs or other educational materials.
6. Provide electronic links to the Subscribed Materials from the Subscriber’s Web pages, catalogs, and course management systems.
7. Subscriber and Authorized Users may make such local digital copies of the Subscribed Materials as are necessary to ensure efficient use by Authorized Users by appropriate browser or other software.
8. If the Subscriber is an institution, Subscriber may mount the data sets purchased under this agreement on its protected local network, accessible only by affiliated faculty and students.

CITATIONS AND ACKNOWLEDGMENT

1. All users of the data should cite it as follows: Source: The AmericasBarometer by the Latin American Public Opinion Project (LAPOP), www.LapopSurveys.org.
2. All users of the data should include an acknowledgement section in their publications acknowledging the Latin American Public Opinion Project (LAPOP) and its supporters for making the data available.

PROHIBITED USES

1. Subscriber may not transmit any portion of the Subscribed Materials to a third party, in hard copy or electronically.
2. Subscriber may not fulfill requests from other institutions, a practice commonly called Interlibrary Loan, or individuals. It may not distribute the data to any third party, with third parties defined as “individuals or institutions who do not hold a valid LAPOP subscription” as described in this document.
3. No commercial use of the Subscribed Materials is permitted.
4. Use of LAPOP data sets in any other way not explicitly permitted by this Agreement.

HUMAN SUBJECTS PROTECTION CLAUSE

1. All LAPOP data sets distributed via this agreement have been collected in conformance with U.S. Federal Human Subjects protection regulations, as implemented by the Vanderbilt University Institutional Review Board. Furthermore, the data being distributed are “deidentified,” such that users of the survey data should not be able to identify any individual who responded to the surveys. All U.S. institutions and users who obtain a User Subscription from LAPOP are expected to do so in complete conformity with their own institutional review board (IRB) rules implementing applicable Federal human subjects protection rules. Other users should respect the principles of these U.S. regulations in every respect.

RENEWAL OF SUBSCRIPTION

Vanderbilt will make a good faith effort to notify the Subscriber at least 30 days prior to the end of their subscription period to offer renewal of the subscription. Subscription access will terminate one year from the start date of the subscription, which is the date Vanderbilt granted access to the Subscriber, unless renewal of the subscription has been initiated by the Subscriber.

LICENSOR RESPONSIBILITIES

The Licensor shall:

1. Make the Subscribed Material available to the Subscriber and Authorized Users from the commencement of the subscription period;
2. Other than making the data available in SPSS and/or STATA format in a timely fashion, the Licensor provides no other performance warranties;
3. Use reasonable efforts to provide continuous service (an average of 98% uptime per month) with limited down time for maintenance of server(s), the installation or testing of data, the loading of additional Subscribed Materials as they become available, or downtime related to the failure of equipment or services outside the control of Licensor. The Licensor shall use reasonable efforts to restore access to the Subscribed Materials as soon as possible. Any extended periods of down time shall be reimbursed through prorated discounts or extended access to the Subscribed Materials;
4. Provide notification of any suspected or alleged subscription violations that come to the attention of the Licensor and allow a reasonable time (30 days from the Subscriber’s receipt of notice of the violation) for the institution to investigate and take corrective action.
5. Notify Subscriber of any substantive changes to the Subscribed Materials, including changes to the method of access and/or the addition, deletion, or alteration of content.

LIMITED WARRANTY; DISCLAIMERS; LIMITATIONS OF LIABILITY

Limited Warranty. EXCEPT AS STATED IN THIS SECTION THE SUBSCRIBED MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. Vanderbilt warrants that it has the authority to grant the subscriptions contained in this Agreement. These warranties shall remain in effect provided: (i) Subscriber has not altered or improperly used the data; (ii) Subscriber has complied with all configuration requirements; and (iii) Subscriber is not in breach of any provision of this Agreement.

Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS. VANDERBILT DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SUBSCRIBED MATERIALS AND SUPPORT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER VANDERBILT KNEW OR HAD REASON TO KNOW OF SUBSCRIBER’S PARTICULAR NEEDS. NO EMPLOYEE, AGENT, DEALER OR DISTRIBUTOR OF VANDERBILT IS AUTHORIZED TO MODIFY THE LIMITED WARRANTY, OR TO MAKE ANY ADDITIONAL WARRANTIES. SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES SUBSCRIBER SPECIFIC LEGAL RIGHTS, AND SUBSCRIBER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE.

Limitation of Liability. Vanderbilt’s entire liability and Subscriber’s exclusive remedy for a breach of this Agreement, except for a breach of the Limited Warranty set forth above, shall be termination of this Agreement and Vanderbilt refunding the Subscription Fee. Vanderbilt shall have no liability for consequential, exemplary, indirect, special or incidental damages whether based on contract, tort or any other legal theory, arising out of or related to this Agreement or the inability to use the SUBSCRIBED MATERIALS or Limited Support, nor shall Vanderbilt be liable for any loss of data or lost profits of Subscriber, even if Vanderbilt is apprised of the likelihood of such damages occurring. Vanderbilt’s total liability under this Agreement for any reason shall not exceed the amount of the Subscription Fees paid under this Agreement. Subscriber acknowledges and agrees that licensing the SUBSCRIBED MATERIALS for the Subscription Fees under this Agreement reflects the allocation of risks expressed by (but not limited to) the above limitations of liability. Modification of such allocation would affect the Subscription Fees charged by Vanderbilt, and in consideration of Vanderbilt charging the Subscription Fees, the Subscriber agrees to such allocation of risks. SOME COUNTRIES OR STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

ASSIGNMENT

Subscribers shall not assign or transfer this Agreement or any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Vanderbilt. Vanderbilt may assign its rights or obligations hereunder without the consent of or notice to Subscriber. This Agreement shall inure to the benefit of and bind successors and permitted assigns of Vanderbilt and Subscriber.

PUBLICATIONS

Subscribers acknowledge that Vanderbilt may publish the names of the institutions licensing data sets as a subscriber/repository on the LAPOP website, in printed material, or in any other form of public communication.

NOTICES

All notices required or permitted relating to a claim or breach of this Agreement shall be in writing and sent to: (i) if to the Subscriber: the address provided by Subscriber when ordering the Subscribed Materials; and (ii) if to Vanderbilt: Center for Technology Transfer and Commercialization, Vanderbilt University, 1207 17th Avenue South, Suite 105, Nashville, Tennessee 37212 with a copy to: Vanderbilt University, Counsel's Office and University Counsel, 2100 West End Ave. Suite 750, Nashville, Tennessee 37203. Either party may substitute their address from time to time by written notice to the other and shall be deemed validly given upon receipt of such notice given by certified mail, postage prepaid, or personal or courier delivery. All Limited Support or other notices relating to the usage of the SUBSCRIBED MATERIALS will be provided by Vanderbilt via either telephone or e-mail.

SEVERABILITY

All agreements, clauses and covenants contained herein are severable, and in the event any of them shall be held to be unconstitutional, invalid, illegal, or unenforceable, the remainder of this Agreement shall be interpreted as if such unconstitutional, invalid, illegal or unenforceable agreements, clauses or covenants were not contained herein.

INTEGRATION; WAIVER; MODIFICATION

The parties hereto acknowledge and agree that they have read this Agreement in its entirety and understand and agree to be bound by all of its terms and conditions, and further agree that this Agreement and any exhibits or schedules hereto constitute a complete and exclusive statement of the understanding between the parties with respect to the subject matter hereof, which supersede any and all other communications between the parties, whether written or oral. Any prior agreements, promises, negotiations or representations related to the subject matter hereof not expressly set forth in this Agreement, or any exhibits or schedules hereto, are of no force and effect. The failure by either party to exercise any right provided hereunder shall not be deemed a waiver of such right. This Agreement may be amended, modified or supplemented only by a writing signed by the parties to this Agreement. Such amendments, modifications or supplements shall be deemed as much a part of this Agreement as if so incorporated herein.

FORCE MAJEURE

Neither party hereto shall be liable for any failure or delay in performance of its obligations hereunder by reason of any event or circumstance beyond its reasonable control, including without limitation, acts of God, war, terrorism, riot, strike, labor disturbance, fire, explosion, flood, or shortage or failure of suppliers.

IMPORT/EXPORT RESTRICTIONS

Subscribers shall comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and shall not export or re-export the SUBSCRIBED MATERIALS in violation of any such restrictions, laws or regulations, or without all necessary approvals.

COMPLIANCE WITH LAWS

Each Party will comply with all federal, state and local laws and regulations, as amended from time to time, applicable to such Party’s performance of its obligations under this Agreement, including all applicable export controls and economic sanctions laws and regulations of the United States and other applicable jurisdictions. Further, because the provision of a “service” under U.S. economic sanctions is generally prohibited without a license, Vanderbilt will block the IP addresses of persons located in Iran, Syria, Republic of Sudan, Cuba, North Korea or any other country to which the provision of such services is prohibited and will take reasonable steps to exclude participation of persons identified on the U.S. Treasury Department’s List of Specially Designated Nationals, Blocked Persons and Foreign Sanction Evaders, except as licensed otherwise authorized by the U.S. Government.