TERMS OF SERVICE FOR

GAPMINDER WORLD POWERED BY THE TRENDALYZER SOFTWARE PACKAGE 

Thank you for your interest in the Trendalyzer Software Package (“Trendalyzer Package” or “Package”) from The Gapminder Foundation (“Gapminder”), a non-profit entity dedicated to making a contribution to sustainable global development through the increased use and understanding of statistics at a local, national and global level.   Gapminder has certain license rights in order to provide you with access to the Trendalyzer Package through this website.  In some cases, Gapminder may offer access to the Package on a CD-ROM or similar physical medium; references to website access to the Trendalyzer Package in these Terms of Service shall be understood to include alternate methods of access (such as on a physical medium like a CD-ROM).   The same Terms of Service apply regardless of your method of accessing the Package. 

Gapminder make the Trendalyzer Package available, along with the Data Provider’s statistical information included with this version of the Package, solely for your non-commercial, educational, or informational use through Gapminder’s website or by the alternate method of access offered (in either case, the “Website”). By using or accessing the Package through the Website, you agree to be legally bound by these Terms of Service.  If any of these terms are unacceptable to you, you should stop all use of the Trendalyzer Package and not access the Trendalyzer portion of the Website until agreement has been reached between you and Gapminder (or its licensee) as to the applicable Terms of Service. The terms "you" and "User" refer to anyone who accesses the Trendalyzer Package through the Website.

Gapminder may change these Terms of Service at any time without notice. Changes will be posted under "Terms of Service.”  Your use of the Package or the Website after any changes have been posted will constitute your agreement to the modified Terms of Service and all of the changes. Therefore, you should read these Terms of Service from time to time for changes. These Terms of Service were last updated on February 20, 2008. 

1.       USE OF THE TRENDALYZER PACKAGE THROUGH THE WEBSITE.

Gapminder and the Data Provider hereby grant you a non-exclusive, non-transferable, limited, royalty-free license to access and use the Trendalyzer Package through the Website under the terms set forth below. 

Unless otherwise agreed in writing by Gapminder and its licensors, the Package, the Website, and the content (including, but not limited to, any text, data, reports, ratings and other opinions, images, photos, graphics, graphs, charts, animations and video) (the "Content"), displayed through or in connection with the Package on the Website, may be used for non-commercial, educational, or informational purposes only. Except as otherwise permitted under these Terms of Service or by applicable laws relating to fair use and fair dealing, you agree not to copy, reproduce, modify, create derivative works from, or store any Content or Trendalyzer Package software code, in whole or in part, from the Package or the Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of Gapminder and its licensors, as applicable.  In addition, you agree not to, or to allow others to: (i) adapt, alter, modify, decompile, translate, disassemble, or reverse engineer the Trendalyzer Package or any component thereof, including without limitation, the source code and any other underlying ideas or algorithms of the Trendalyzer Package (except to the extent expressly permitted by this Agreement or to the extent applicable laws specifically prohibit such restriction).

Users of the Package can interact with the Trendalyzer Package and the Content to generate visualisations and animations of data provided by the Data Provider (the animations resulting from this interaction are referred to in these Terms of Service as “User Animations”).  Users are permitted under the terms of the license granted in this agreement to copy, reproduce, publish, store, publicly display or perform, and provide a hyperlink to these User Animations for the purposes permitted under these Terms of Service, in any currently existing medium, provided that any such use includes the following attribution:  “Visualization from Gapminder World, powered by Trendalyzer from www.gapminder.org.“ Wherever possible, this attribution should include a hyperlink to the Gapminder Foundation website (www.gapminder.org).

The Package is the property of Gapminder and its licensors, and the Content is the property of Gapminder and/or the Data Provider, or their respective licensors.  Both the Trendalyzer Package and the Content are protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Package, Website, or within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Package or Website may be registered or unregistered marks of Gapminder, the Data Provider, or others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Package or the Website without the express written permission of the owner of such Marks. Any unauthorized uses of the Marks, the Trendalyzer Package, or the Content are strictly prohibited.

You may not use the Trendalyzer Package or the Website for any unlawful purpose. You shall honor all reasonable requests by Gapminder or the Data Provider to protect their respective proprietary interests in the Package, the Website, or the Content. In no case may end users distribute Trendalyzer Software packages over the internet.

2.       LIMITATION ON WARRANTIES AND LIABILITY

You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Package and the Website. If you are dissatisfied with the Package, the Website, or the Content or with these Terms of Service, your sole and exclusive remedy is to stop using the Package, the Content, and/or the Website. Neither Gapminder nor the Data Provider will pay you any damages in connection with your browsing or use of the Trendalyzer Package through this Website.

Due to the number of sources from which the Content may be obtained, and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in Content, the Package, and the Website. THE TRENDALYZER PACKAGE, THE CONTENT AND THE WEBSITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. NEITHER GAMPINDER NOR THE DATA PROVIDER MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE TRENDALYZER PACKAGE OR THE WEBSITE, THE WEBSITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE TRENDALYZER PACKAGE OR THE WEBSITE. GAPMINDER AND THE DATA PROVIDER HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF NONINFRINGEMENT. NEITHER GAPMINDER NOR THE DATA PROVIDER SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL GAPMINDER, THE DATA PROVIDER, NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE TRENDALYZER PACKAGE, THE CONTENT, OR THE WEBSITE. NEITHER GAPMINDER NOR THE DATA PROVIDER, NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE TRENDALYZER PACKAGE, THE CONTENT, OR THE WEBSITE, IN WHOLE OR IN PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE PACKAGE, THE CONTENT, THE WEBSITE, OR THE USER ANIMATIONS, AND/OR ANY OTHER CONTENT AVAILABLE IN CONNECTION WITH THE PACKAGE OR THE WEBSITE OR OTHERWISE. IN NO EVENT WILL GAPMINDER OR THE DATA PROVIDER, OR THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT, THE TRENDALYZER PACKAGE, OR THE WEBSITE.

3.       LINKS TO OTHER WEB SITES.

You may, through hypertext or other computer links, gain access to websites operated by persons other than Gapminder or the Data Provider. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites' owners. You agree that neither Gapminder nor the Data Provider are responsible for the content or operation of such websites, and that neither Gapminder nor the Data Provider shall have any liability to you or any other person or entity for the use of third party websites. Except as described below, a hyperlink from this Website to another website does not imply or mean that either Gapminder or the Data Provider endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from the Website.

4.       THE USER'S CONTENT

The User grants to Gapminder and the Data Provider the non-exclusive right to use all material entered into the Package or the Website by the User, if any, in any of Gapminder’s or the Data Provider’s print or electronic publications.

Users entering material into the Trendalyzer Package or the Website are responsible for the content of that material. Neither Gapminder nor the Data Provider has any responsibility for this content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Package or the Website. However, Gapminder and the Data Provider retain the right, which they may or may not exercise in their sole discretion, to review, edit, or delete such content that either Gapminder or the Data Provider deems to be illegal, offensive, or otherwise inappropriate.

The User agrees to indemnify Gapminder and the Data Provider from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that Gapminder, the Data Provider, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the Trendalyzer Package or the Website by the User.

5.   TERM AND TERMINATION

This Agreement will continue until terminated by Gapminder or you. You can terminate the Agreement by ceasing your use of the Trendalyzer Package through the Website.  In addition, any party can terminate the Agreement by notifying the other parties by electronic mail of the decision to terminate. Gapminder or the Data Provider may discontinue or change the Trendalyzer Package or the Website, or the availability of such tools to you, at any time.

6.       ADDITIONAL LEGAL TERMS

This Agreement constitutes the entire Agreement between the parties relating to the use of the Trendalyzer Package Website and supersedes any and all other Agreements, oral or in writing, with respect to use of the Package through the Website. The failure of Gapminder or the Data Provider to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of Sweden as if the Agreement was a contract wholly entered into and wholly performed within the Sweden. All rights not expressly granted herein are reserved.