World Force Strategies, Inc.
End User License Agreement


IMPORTANT: THIS IS A LEGAL AGREEMENT. READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.

This World Force Strategies, Inc.'s End User License Agreement (the “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“you” or “Licensee”), and World Force Strategies, Inc. (“WORLD FORCE STRATEGIES”) This Agreement governs your accessing, copying and use of the WORLD FORCE STRATEGIES' Materials (which as defined in this Agreement) made available under it. You must accept the terms of this Agreement before downloading, copying, or using in any way the WORLD FORCE STRATEGIES’ Materials.

By clicking on the “I Accept” button or by using the WORLD FORCE STRATEGIES’ Materials, you are indicating that you have read and understood, and agree to be bound by, the terms of this Agreement. If you are an individual working for a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement.

Each time you enter into or access WORLD FORCE STRATEGIES’ Materials whether or not you see or “click through” this Agreement, you nonetheless expressly agree and accept all aspects of this Agreement.

If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the WORLD FORCE STRATEGIES’ Materials.If you are not willing to be bound by these terms and conditions, you may not download or copy the WORLD FORCE STRATEGIES’ materials, and you must immediately cease all access to and use of all of them.

This Agreement contain the terms, covenants, conditions, and provisions upon which you (also referred to herein as “Licensee”) may access and use WORLD FORCE STRATEGIES’ website, including (without limitation) software, databases, datasets, data elements, maps, material, tools, products, services, publications, documentation, information, mobile application and website. (collectively, the “Materials”) displayed on the website or delivered including by any other media or mechanism including but not limited to one or multiple CD, CD-ROM, CD-R, DVD, Tape, hard disks, optical devices, over the Internet, incorporated into or onto devices, or otherwise, this Agreement and all its terms of this license will be interpreted the same.

You further agree that it is the complete and exclusive statement of the Agreement between you and WORLD FORCE STRATEGIES, which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this Agreement.

By using the Materials, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand the Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you shall neither access nor use this Site.


THIS IS A LICENSE AND NOT A SALE

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1 Introduction and Recitals
1.1 WORLD FORCE STRATEGIES compiles data from various sources showing work related, human capital, population, occupation, employment, skill and job characteristic measurements and demographics by workplaces, workforces, populations, and geographic areas throughout the United States and other countries. It employs proprietary analytic algorithms to compile specialized databases, datasets, data elements and materials.
1.2 WORLD FORCE STRATEGIES provides “Material”. Materials include all WORLD FORCE STRATEGIES’ databases, datasets, data elements, software code, maps, tools, products, services, publications, material, documentation, reports, information, content and website.
1.3 Our Materials, including, but not limited to data, are copyrighted property of World Force Strategies, Inc. The Materials include proprietary data that are not in public domain. When you extract data from World Force Strategies’ Materials, you do not own the data. They are for use only under the terms and conditions of this Agreement.
1.4 WORLD FORCE STRATEGIES desires to make the WORLD FORCE STRATEGIES’ materials available on a single use or multi-use subscription basis to You and other users.
1.5 You are welcome to access, copy and use the WORLD FORCE STRATEGIES’ materials. Provided, however, that you agree that your accessing, copying and use of these is in all cases strictly subject to the following terms and conditions.

2. Ownership
2.1 WORLD FORCE STRATEGIES own all right, title and interest in the WORLD FORCE STRATEGIES’ Materials. All rights in and to the Materials, including but not limited to data, not expressly granted to you in this Agreement are reserved by WORLD FORCE STRATEGIES. Except as expressly and specifically granted in this Agreement, nothing in this Agreement will be deemed to grant, by implication, estoppel, or otherwise, any license or other right under any WORLD FORCE STRATEGIES’ existing or future intellectual property rights of any type, nature or source.

2.2 WORLD FORCE STRATEGIES or the respective copyright holders retain all rights, title, and ownership in trademarks, know-how, and proprietary rights to the WORLD FORCE STRATEGIES’ Materials, including but not limited to data, in whole or in part, in its original form and in incorporated form within other analyses or studies.

3. Trademark Rights
3.1 The WORLD FORCE STRATEGIES’ name and logo are the exclusive property of WORLD FORCE STRATEGIES. Subject to the attribution requirements in Section 8.7, no right or license to use, copy or display the WORLD FORCE STRATEGIES name or logo is or will be granted except in a separate writing signed by an authorized representative of WORLD FORCE STRATEGIES.

4. Copyright, Labeling, Publication, and Transfer
4.1 Any publication of the WORLD FORCE STRATEGIES’ Materials or transfer of the WORLD FORCE STRATEGIES’ Materials, including but not limited to data, to any Person that is not an Authorized User requires prior permission of WORLD FORCE STRATEGIES. Authorized User is solely determined by WORLDFORCE STRATEGIES, INC.

5. Confidentiality
5.1 Licensed WORLD FORCE STRATEGIES’ Materials contain confidential and proprietary information and can contain trade secrets.

6. License Restrictions
6.1 Except as otherwise expressly permitted herein, you may not modify, improve, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, access, or otherwise use any Material. You may not use any robot, spider, web crawler, deeplinking or other automatic or manual device, tool or process to access, monitor, retrieve, or circumvent any portion of the Materials, or in any way circumvent the navigational structure or presentation of the Materials or portion thereof. You may not attempt to gain unauthorized access to any portion of the Materials by any means. You agree that you will not attempt to modify, adapt, reverse engineer, decompile, translate or disassemble any portion of the Materials or otherwise attempt to derive or gain access to the source code or underlying ideas, programs or algorithms associated with Materials. You may not remove or obscure any copyright, trademark notice, or restrictive legend. You may not post any Materials to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of World Force Strategies, Inc.
6.2 You may not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the WORLD FORCE STRATEGIES’ materials to any other Person, including through or in connection with any time-sharing, service bureau, software as a service, cloud, or other technology or service.
6.3 You may not use the WORLD FORCE STRATEGIES’ materials for purposes of competitive analysis, the development of a competing materials, software product or service, or any other purpose that is to WORLD FORCE STRATEGIES’ commercial disadvantage including without limitation, to develop a general geographic database or any other general purpose database.
6.4 You may not publicly provide representations of WORLD FORCE STRATEGIES’ materials in a way that would enable another party to scrape, compile, or enhance their own set of data or information with WORLD FORCE STRATEGIES’ Materials. To acquire additional rights in World Force Strategies’ Materials, contact World Force Strategies, Inc.
6.5 You may not, and may not permit others to, decompile, disassemble, reverse engineer to attempt to derive the methodology of the creation of the WORLD FORCE STRATEGIES’ Materials.
6.6 You warrant to World Force Strategies, Inc.’s that you will not use its Materials including, but not limited to website, for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing or interfering its website, (ii) collecting any information about other users of this Materials, including its website, including passwords, accounts or other information, or (iii) systematically extracting data contained in its website to populate databases for internal or external business use.
6.7 Any unauthorized use or misuse of the Materials may be a cause for terminating your right to use the Materials, including the website and mobile application.
6.8 World Force Strategies reserves the right, in its sole discretion, to terminate your access to Materials with or without notice.
6.9 You may cancel all subscriptions, at any time, but no refund will be made for unused subscription periods.

7. ALL RIGHTS NOT EXPRESSIVELY GRANTED HEREIN ARE RESERVED BY WORLDFORCE STRATEGIES OR ITS LICENSORS.

8. License Grant
8.1 Subject to your payment of the applicable license fees and your compliance with the terms, conditions and limitations in this Agreement, WORLD FORCE STRATEGIES grants to you a limited, personal, non-exclusive, non-sublicensable, non-transferable, revocable license to access, copy and use the WORLD FORCE STRATEGIES’ Materials for your internal purposes and to incorporate into Your Documents as set forth in Section 8.6.
8.2 You may, on an occasional print and download Materials solely for personal and non-commercial use, or, only to the extent permitted for internal business use, provided that you do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such Materials.
8.3 You are responsible for ensuring that all users of WORLD FORCE STRATEGIES’ materials agree to the terms and conditions of this Agreement and are bound by the restrictions contained herein. You agree that you will restrict access, copy and use to the Materials to those at in your organization unless allowed under this Agreement.
8.4 You agree to ensure that the limitations on use as are not exceeded.
8.5 You are not permitted to give access or use of Materials in stand-alone computer or other technology or GIS or to WORLD FORCE STRATEGIES’ web-enabled GIS interface to any unlicensed user, including without limitation on or through the Internet or other externally accessible network.
(a) All employees or others in your organization who access, copy, download or use Materials in any technology must be licensed.
(b) When any of WORLD FORCE STRATEGIES’ materials are downloaded into all other technology or other technology, all users must be licensed.
8.6 WORLD FORCE STRATEGIES grants to You the right to incorporate portions of the Materials into reports, presentations and similar documents (“Your Documents”) provided that each of the following conditions is met.
(c) You agree not to distribute or disclose to third parties the Materials in Your Documents except in accordance with the terms and conditions of this Agreement.
(d) You are responsible for ensuring that all users of Your Documents agree to the terms and conditions of this Agreement and are bound by the restrictions of Materials contained herein
(e) Each of Your Documents shall either be used solely internally by You or Your company or be a customized document specially prepared for Your customers and delivered in hard copy, non-modifiable format. WORLD FORCE STRATEGIES’ data must be in flattened images such as jpeg or pdf such that the viewer cannot take the table and do analysis from it without re-keying WORLD FORCE STRATEGIES’ data.
(f) A Professional Use License must be purchased if Materials are used in Your document are specially prepared for use by Your Customers.

8.7 Attribution: You may only display the WORLD FORCE STRATEGIES’ Materials if the display or publication clearly states that the published data was derived in whole or in part from WORLD FORCE STRATEGIES’ Materials. The source of Your information shall be prominently cited on each page or screen display that shows WORLD FORCE STRATEGIES’ Materials. Your information should include exact text as provided in the Materials and with accuracy cite all data sources, versions and dates and show copyright ownership and dates, rights reserved, and all other related text as you see it in the Materials.

8.8 Subscriptions:
WORLD FORCE STRATEGIES’ materials are accessed through our web-enable GIS or through importing our datasets for use in your desktop technology.

8.9 Types of Licenses
(a) Standard: single user
(b) Network License: 3 or more users
(c) Professional Use: licenses WORLD FORCE STRATEGIES’ Materials to create reports, presentations and similar documents or similar products that you may or intend to offer, sell, license or otherwise distribute to own Your customers.
  • (i) If you are going to access, copy or used WORLD FORCE STRATEGIES’ materials as is including to give to or sell to a person or group that is not the owner of the license or licensee than you must obtain a Professional Use License.

  • (ii) License cost is based on number of credentials, extent of use of materials, materials used and the geographic coverage.

    • (d) Derivatives: Contact World Force Strategies for other licensing options if you want to make derivatives, create new products or use in models, further analysis and more.
    (e) For Other Types of Licenses: contact World Force Strategies.

    9. Effective Date
    9.1 This WORLD FORCE STRATEGIES’ End User Subscription and License Agreement comes into effect on the Effective Date, as defined in the Agreement.

    10. Password Policy
    10.1 As part of the licensing process, you must provide name and password with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the materials made available to you. By agreeing to this Agreement, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through WORLD FORCE STRATEGIES’ website using your password. You will also immediately notify WORLD FORCE STRATEGIES’ if you become aware of any loss or theft of your Password or any unauthorized use of your password. WORLD FORCE STRATEGIES’ reserves the right to delete or change a password at any time and for any reason.
    10.2 Please see World Force Strategies, Inc.’s Privacy Policy for a summary of World Force Strategies, Inc.’s personal data collection and use practices with respect to its Materials and licensing.

    11. Modification Terms of Services
    11.1 WORLD FORCE STRATEGIES may change the terms of service and pricing of WORLD FORCE STRATEGIES’ Materials at any time. WORLD FORCE STRATEGIES will post notice of such changes to its website at http://www.workforcestrategies.com Accessing WORLD FORCE STRATEGIES’ Materials following the posting of such notice will be conclusive evidence of Your acceptance of the new terms and conditions of use. Unless specifically provided in the notice, changes to terms and conditions of use will not affect your rights with respect to WORLD FORCE STRATEGIES Data you have already properly downloaded.

    12. Updating Data
    12.1 WORLD FORCE STRATEGIES may update WORLD FORCE STRATEGIES’ materials as often as it, in its sole discretion, deems appropriate and advisable to keep the WORLD FORCE STRATEGIES’ materials current and to maintain its integrity.
    12.2 Consulting services are not part of this license Agreement. WORLD FORCE STRATEGIES offers services to customize WORLD FORCE STRATEGIES’ materials. Such services will be provided separately by WORLD FORCE STRATEGIES pursuant to separate written agreement between WORLD FORCE STRATEGIES and its client.

    13. Disclaimer
    13.1 WORLD FORCE STRATEGIES’ MATERIAL are provided “AS IS” and “AS AVAILABLE” basis without representation or warranty of any kind. WORLD FORCE STRATEGIES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND AND ORIGIN, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIM S ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, THE MATERIALS, MADE AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES AND THERE MAY BE TIMES WHEN THIS MATERIALS INCLUDING BUT NOT LIMITED TO WEBSITE OR ITS CONTENTS ARE UNAVAILABLE. MOREOVER, WORLD FORCE STRATEGIES MAY MAKE MODIFICATIONS AND OR CHANGES TO THE MATERIALS AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND OR RELYING ON THE MATERIALS.

    14. Indemnity
    14.1 You agree that You will indemnify and hold harmless WORLD FORCE STRATEGIES and its licensors from all claims, damages, liabilities and related expenses (including attorneys’ fees) awarded, accrued or otherwise becoming payable as a result of any allegations by any third party receiving the WORLD FORCE STRATEGIES’ materials and claiming damage or injury related to or arising out of such third party’s use of or reliance on the same.

    15. Compliance with Law
    15.1 You agree that in accessing, using, copying or displaying the WORLD FORCE STRATEGIES’ Materials, you will comply with all applicable laws and regulation, including but not limited to export and privacy regulations. You will not use or compile information in any application that could be interpreted to reveal personal identifiable information of individuals.
    15.2 You agree that you will defend and indemnify WORLD FORCE STRATEGIES, and its directors, officers and employees, against any claim by a third party of liability or damage by your use or disclosure of WORLD FORCE STRATEGIES Data that is not within the scope of license granted in this License Agreement or that is otherwise unauthorized or in violation of law or regulation.

    16. Limitation of Liability
    16.1 NEITHER WORLD FORCE STRATEGIES NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR THE USE OF THE WORLD FORCE STRATEGIES’ MATERIALS, OR FOR THE LOSS OF DATA, INFORMATION OF ANY KIND, BUSINESS, PROFITS, OR FOR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED, AND WHETHER OR NOT WORLD FORCE STRATEGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WORLD FORCE STRATEGIES’S SUPPLIERS WILL HAVE NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT WILL WORLD FORCE STRATEGIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR THE WORLD FORCE STRATEGIES’ MATERIALS EXCEED $US250. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY AGAINST WORLD FORCE STRATEGIES AND ITS SUPPLIERS FOR BREACH OF THIS AGREEMENT.

    17. Audit
    17.1 WORLD FORCE STRATEGIES may, at its expense and upon reasonable notice audit You with respect to Your compliance with the terms of this Agreement. If the audit reveals that You have underpaid fees to WORLD FORCE STRATEGIES or are otherwise not in compliance with the terms of this Agreement, you shall promptly pay such fees and WORLD FORCE STRATEGIES, may, in its sole discretion, terminate this Agreement and all licenses granted herein.

    18. US Government Restricted Rights
    18.1 The WORLD FORCE STRATEGIES’ materials are deemed to be “commercial computer software” and “commercial computer software documentation” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of this software and accompanying documentation by the U.S. government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

    19. Entire Agreement; Governing Law; Interpretation; Notices.
    19.1 This Agreement is the final, complete and exclusive agreement between the parties relating to the WORLD FORCE STRATEGIES’ Data, and supersedes all prior or contemporaneous proposals, representations, understandings, or agreements relating thereto, whether oral or written. No waiver or modification of the Agreement will be valid unless signed by each party. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. The headings in this Agreement do not affect its interpretation. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this Agreement will remain in full force and effect. This Agreement is governed by the laws of the State of New York without reference to conflict of laws principles that would require the application of the laws of any other state. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Dutchess County, New York, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Notwithstanding the foregoing, WORLD FORCE STRATEGIES may bring a claim for equitable relief in any court with proper jurisdiction.

    Should you have any question about this Agreement, or desire to discuss other types of licenses and licensing arrangements contact WORLD FORCE STRATEGIES.