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RDWTI Terms of Use


1. AUTHORIZED USE: Subject to the restrictions contained in Article 2 below, users are granted non-exclusive rights to use the RAND Database of Worldwide Terrorism Incidents (RDWTI, the "Product") in a way that is consistent with U.S. Fair Use Provisions and international law; for more extended use, the Customer must obtain prior consent in writing from RAND.

Any dissemination of research using the RDWTI as a source of information must include a citation that clearly credits the “RAND Database of Worldwide Terrorism Incidents” along with its url, “http://smapp.rand.org/rwtid.”

Only licensed subscribers are granted rights to the full Product. Subcriber's rights are limited to itself alone and do not extend to subsidiary or parent corporations, or to any other related or affiliated organizations. Any rights not expressly granted in this license are reserved to RAND.

2. RESTRICTIONS: The Customer may not decompile or reverse engineer the Product; modify or create a derivative work; remove, obscure, or modify copyright notices; sell, distribute or commercially exploit the Product; incorporate retrieved data records into independently owned or operated databases of incidents; publish or quote more than 15 incident descriptions without prior written authorization from RAND; or transfer, assign or sublicense this license.

3. AUTHORIZED USERS: All users who agree to abide by these terms of use are authorized to access and use the limited demonstration product. Authorization to use the full Product is limited to licensed subscriber institutions, specifically their enrolled full- or part-time students, employees, faculty, staff, distance learners, visiting scholars, and walk-in patrons[1] who are physically present at the site of the license holder's institutional facilities.

4. DELIVERY / ACCESS: The Product will be stored at one or more locations in digital form. If the licensed subscriber has paid for an annual Web subscription, Authorized Users will be granted access to the location.

5. CUSTOMER SUPPORT: RAND will offer licensed subscribers reasonable levels of continuing support via email, phone or fax, during normal business hours, for feedback, problem-solving, or general questions. Higher levels of support (i.e. interpretation of data, basic analysis, or assistance with non-standard searches) may be provided for an additional charge. Any technical assistance that RAND may provide to users is provided at the sole risk of the user.

6. PERFORMANCE: RAND will use reasonable efforts to ensure that its servers have sufficient capacity and rate of connectivity to provide the Customer with a quality of service comparable to current standards in the online information provision industry in the user's locale. RAND will use reasonable efforts to provide continuous service. Scheduled down-time will be performed at low-usage times.

7. LIMITATION OF WARRANTIES AND LIABILITY: RAND warrants and represents that it has the right to enter into this Agreement and to deliver the Product "as is." These warranties are in lieu of any and all other warranties, written or oral, express or implied, including without limitation, warranties of merchantability of fitness for a particular purpose, all of which RAND disclaims. In no event will RAND be liable for more than the license fee paid (whether such liability arises from breach of warranty, breach of this contract or otherwise, and whether in contract or in tort, including negligence and strict liability).

8. TERMINATION: If the user or licensed user breaches any term of this Agreement, RAND may, in addition to its other legal rights and remedies, terminate this license on 7 days written notice to the licensed user, if the licensed user has not remedied the breach within the 7 days. Upon any termination, the user will forthwith return to RAND the Product and all copies thereof, and will erase all electronic storage of copies of the Product. Any termination, whether or not pursuant to this Article 8, will not affect any obligation or liability of a party arising prior to termination, and the provisions of Articles 8 will survive any termination.

9. FORCE MAJEURE: RAND will not be responsible for any delay or failure in performance resulting from any cause beyond their control.

10. APPLICABLE LAW: This Agreement will be governed by and construed in accordance with the laws of California without giving effect to the principles of conflict of laws thereof, and to the extent permitted by applicable law, the licensed user consents to the jurisdiction of courts situated in California in any action arising under this Agreement.

11. DISPUTE RESOLUTION: If any differences arise between the licensed user and RAND relating to the meaning of this Agreement, the parties agree to resolve such differences through Arbitration or by any other means to which the two parties may agree.

12. INDEMNIFICATION: Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. This indemnity shall survive the termination of this Agreement.

13. ENFORCEABILITY: RAND retains its rights to enforce its trademarks, copyrights, patents, trade secrets and other rights against any violation thereof.

[1] Note: Walk-in patrons only to be included for library contracts.

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