Data License Agreement
Effective February 2, 2018
Please read the terms and conditions included in this license agreement (Agreement) for the data set (The Data) you are purchasing from The Chronicle of Higher Education, Inc. (The Chronicle). If you do not agree with all of these provisions, then do not download. By downloading The Data, you accept and agree to comply with the terms and conditions below. A copy of this agreement will be included in the downloaded files.
The compilation and formatting of The Data is protected by U.S. and international intellectual property laws. Although the raw data may be in the public domain, you acknowledge that The Data has been created and developed at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm The Chronicle. In exchange for your payment and your acknowledgement and compliance with these terms and conditions, The Chronicle extends to you a non-exclusive but single license to download, work with, store, and reformat The Data.
You are not permitted to sell The Data in whole or in part. Additionally, you may not forward, host online, distribute, or transmit The Data (except for subsets or summary information) by any means, including photocopying, or other electronic or mechanical methods, without the prior written permission of The Chronicle.
Disclaimer of Warranties
You expressly understand and agree that your use of The Data is at your sole risk. The Data are provided on an "As Is" basis and no warranty of any kind is given as to its completeness or accuracy, nor does The Chronicle make any commitment to ensure The Data are kept up to date. The Chronicle expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Chronicle makes no warranty that The Data will meet your requirements or that the information derived from The Data will meet your expectations. No advice or information, whether oral or written, obtained by you from The Chronicle or through or from The Chronicle shall create any warranty not expressly stated in this Agreement.
Limitation of Liability
To the extent permitted by applicable law, you hereby waive and release The Chronicle from any liability whatsoever, wherever and howsoever arising in connection with any use of The Data. You agree that this waiver and release is effective in any and every jurisdiction in the world. You agree that The Chronicle will not be liable on any grounds (including without limitation negligence, strict liability or under any other legal theory) for any loss or damage (direct or indirect) incurred by you or any third party as a result of the use by you or any third party of The Data or any derivative works. To the extent permitted by applicable law, you also agree to indemnify and hold harmless The Chronicle in respect of any loss or damage (direct or indirect) suffered by any third party as a result of any use by that third party of The Data or derivative works published by you. Without limitation to the above, any damage occurring to computer systems as a result of attempts to download The Data is entirely your own responsibility.
Unless you represent a state or Federal government or one of their authorized agencies, this Agreement shall be governed by and construed and enforced in accordance with the laws of the District of Columbia, without regard to its conflicts of law principles. Each of the parties hereby consents to the exclusive jurisdiction of the courts of the District of Columbia, with respect to any and all disputes relating to this Agreement.
You may not assign or transfer this Agreement, whether in whole or in part, or any of its rights, duties or obligations arising under this Agreement without the prior written consent of The Chronicle. Any attempted assignment without such written consent will be null and void.
The terms and conditions of this Agreement may not be modified, supplemented or amended except in a writing signed by both parties hereto. The parties agree that this Agreement constitutes the entire agreement between them with respect to the subject matter hereof and supersedes any and all prior agreements, understandings, promises and representations, whether written or oral, between the parties with respect to the subject matter of this Agreement. Failure by either party to enforce at any time or for any period of time any provision or right hereunder shall not constitute a waiver of such provision or of the right of such party thereafter to enforce each and every such provision. The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that any other provision hereof is determined to be invalid or unenforceable in whole or in part.
All sales of data are final and non-refundable. You are responsible for remitting any sales or use taxes, if applicable.