License: Football Outsiders License Agreement

FOOTBALL OUTSIDERS, INC.
LICENSE TERMS AND CONDITIONS

These License Terms and Conditions (“Terms”) set out the terms on which Football Outsiders, Inc. (“Football Outsiders”) is willing to license its [game charting data and information] (the “Materials”) to you (“you”). PLEASE READ THE TERMS CAREFULLY. If you do not accept the Terms, you are not entitled to access or use the data. If you click the “Accept” button prior to download of the data, you are indicating your acceptance of the Terms.

1. License. Subject to the Terms, Football Outsiders grants you a non-exclusive, limited license to access and display the Materials by Internet browser on one personal computer, and to print the Materials, in all cases only for personal, non-commercial home use or to write articles that discuss or quote from the Materials.

2. Articles quoting or based on the Materials. If you write any articles using the Materials, you agree to provide attribution to Football Outsiders in the article as the source of the game charting data. If you write any articles that make more than insubstantial use of the Materials (that is, quoting more than two or three statistics or pieces of information from the Materials), you agree to offer such article to Football Outsiders for publication on the Football Outsiders website, before you publish the article yourself or publish it in any third party media.

3. Restrictions. Except as permitted above, you may not use, copy, publish, distribute, transmit, display, or make available to any third party the Materials. Without limiting the foregoing, you may not post the Materials on any other website or distribute the Materials by email to third parties. You may not modify or make derivative works of the Materials.

4. Contributors to the Materials. If you were a contributor who compiled game charting data and materials and submitted it to Football Outsiders, you agree that, to the extent that you own any right, title or interest, including any copyright or other proprietary rights, in such data and materials, such data and materials shall be owned by Football Outsiders, in consideration of Football Outsiders’ agreement to provide you, under these Terms, access to the Materials compiled by many Football Outsiders volunteers. Accordingly, you assign and agree to assign all of your right, title and interest, including all copyrights and other proprietary rights, in and to such data and materials to Football Outsiders.

5. Rights in the Materials. You acknowledge that Football Outsiders and its [volunteer game charting data] contributors exercised considerable time, effort and skill in compiling, selecting, creating, expressing, editing and arranging the Materials. Except for the limited license granted to you above, and to the extent permitted by law, Football Outsiders reserves all right, title and interest, including any copyright and other proprietary rights, that it may have in the Materials, and you agree not in any way to challenge or dispute such ownership rights. You acknowledge that misappropriation or unauthorized use of the Materials would unfairly and irreparably harm Football Outsiders, and that damages would not be an adequate remedy for such harm.

6. NO WARRANTIES. FOOTBALL OUTSIDERS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE MATERIALS, AND EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU USE THE MATERIALS AT YOUR OWN RISK.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL FOOTBALL OUTSIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THE MATERIALS OR UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOST PROFITS, FAILURE TO ACHIEVE EXPECTED REVENUE OR SAVINGS, OR ANY DAMAGES RELATING TO LACK OF FANTASY FOOTBALL SUCCESS, HOWEVER ARISING, WHETHER UNDER THEORIES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF FOOTBALL OUTSIDERS IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

8. General. The Terms represent the entire agreement between you and Football Outsiders in relation to the Materials and supersede all prior discussions and representations. No waiver, amendment or modification of any provision hereof or of any right or remedy hereunder shall be effective unless made in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void, or unenforceable, such court is hereby directed to enforce such provision to the maximum extent possible and the remaining provisions of this Agreement shall continue in full force and effect without being impaired or invalidated in any way. The Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its principles of conflicts of law.