1. 1. CMPD means Contemporary Maritime Piracy Database©2020 produced and maintained by Anamika Twyman-Ghoshal, Ph.D. This includes the data, the codebook, any auxiliary materials present, and the user interface by which the data are presented.
  2. 2. LICENSE GRANT Anamika Twyman-Ghoshal, Ph.D. as the Licensor hereby grants Licensee a revocable, non-exclusive, non-transferable right and license to access and use the CMPD, in the current form as of the Effective Date, to conduct research and analysis for Non-Commercial Purposes.
    1. "Non-Commercial Purposes" shall mean the use under this license to a third-party for scholarly, educational, research, or other not-for-profit purposes and not involving the use of the CMPD;
      1. to perform services for a fee or,

      2. to produce or manufacture products for sale to third parties or,

      3. to enhance the commercial or reputational advantage of an organization, or

      4. by a Public Sector Body or an International Organization.

    2. "Public Sector Body” shall mean any Body, corporate or otherwise, that performs its duties and exercises its powers, for the public benefit, as opposed to private gain.
    3. “International Organization” shall mean an organization established by a treaty or other instrument governed by international law and possessing its own international legal personality.
  3. 3. RESTRICTIONS Licensee agrees NOT to:
    1. Publicly post or display any part of the CMPD without express written permission by Licensor other than quoting the CMPD in Licensee’s reports, papers, or analyses;
    2. Sell, license, sublicense or otherwise distribute any part of the CMPD to third parties whether for cash or any other considerations or none;
    3. Modify, hide, delete or interfere with any notices that are included in the CMPD;
    4. Use the CMPD to draw conclusions about the official legal status of a ship or criminal record of an individual, or the status of a criminal or civil investigation;
    5. Interfere with or disrupt the CMPD, its website or servers and networks connected to the CMPD website;
    6. Interfere with or disrupt the Licensor's business or any website of the Licensor involved in the marketing and/or distribution of the CMPD or;
    7. Use robots, spiders, crawlers, automated devices and similar technologies to screen-scrape the site or to engage in data aggregation or indexing of the CMPD other than to produce search results on a publicly available search engine.
    1. Licensee shall, as a non-commercial user, pay no license fee in respect of this license.
    2. Licensee shall bear any applicable import taxes or duties in respect of its taking a license hereunder of the CMPD.
    3. If Licensee is found to have used the CMPD for any purpose other than the Non-Commercial Purposes granted under this Agreement, the Licensee shall be liable to pay the Licensor the Licensor's then standard license fee for commercial purposes, currently £1,999 per annum.
    4. If Licensee is found to have violated the non-transferability of the rights it has been granted under this Agreement, in any manner whatsoever, Licensee will be liable to pay a license fee equivalent to the Licensor's then standard license fee for the CMPD, together with any damages (such as for lost revenue) arising from the CMPD, or any part thereof, being made freely available.
    5. If any licensee fee is due and is not paid, the Licensee's right to use the CMPD shall immediately stop.
    1. All information sourced from the CMPD should be acknowledged and cited as follows: "Twyman-Ghoshal, A. (2020). Contemporary Maritime Piracy Database©2020"
    2. Licensee agrees to acknowledge any copyrightable materials with a copyright notice "Copyright Anamika Twyman-Ghoshal 2020".
    3. Any modifications Licensee make to the CMPD for published analysis must be clearly documented and must not misrepresent analytical decisions made by Anamika Twyman-Ghoshal.
  6. 6. INTELLECTUAL PROPERTY. Anamika Twyman-Ghoshal, Ph.D. owns all rights, title, and interest in the CMPD, including the Contemporary Maritime Piracy Database ©2020 data and codebook, user interface, and all auxiliary materials. This Agreement does not grant Licensee any rights, title or interests in the CMPD other than those expressly granted under this Agreement.
    1. The CMPD is made available to Licensor and therefore is made available by Licensor on an "As Is" basis. Licensor disclaims any and all representations and warranties – whether express or implied, oral or written, in fact or arising by operation of law – with respect to the CMPD, including but not limited to; warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement of the intellectual property or proprietary rights of any third party. Licensor makes no representation or warranty that the CMPD will operate error free or in an uninterrupted fashion.
    2. In no event will the Licensor be liable to Licensee for any incidental, special, punitive, exemplary or consequential damages of any kind, including lost profits or business interruption, even if advised of the possibility of such claims or demands, whether in contract, tort, or otherwise, arising in connection with Licensee’s access to and use of the CMPD or other dealings. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or proven ineffective. In no event will Licensor’s total liability for the breach or nonperformance of this Agreement exceed any fees paid to Licensor within the current billing cycle.
    3. Every reasonable effort has been made to check sources and verify facts in the CMPD; however, Licensor cannot guarantee that attacks reported in the source documents are complete and accurate. Licensor shall not be held liable for any loss or damage caused by errors or omissions or resulting from any use, misuse, or alteration of CMPD data by the Licensee. The Licensee should not infer any additional actions or results beyond what is presented in a CMPD entry and specifically, the Licensee should not infer an individual referenced in the CMPD was charged, tried, or convicted of pircy or any other criminal offense.
    4. Licensor is under no obligation to update or provide any other version of the CMPD, the codebook, user interface, or any auxiliary materials, except for the most current version as of the Effective Date. If new documentation about an event becomes available, Anamika Twyman-Ghoshal, Ph.D. may modify the data as necessary and appropriate.
    5. Limitation of liability. Notwithstanding any other clause, Licensor shall not be liable to Licensee for any losses or costs that may be incurred in excess of £1,000. Licensor considers this limitation of liability to be fair and reasonable and Licensee confirms agreement both to this view and the limitation itself by using the CMPD.
    1. This Agreement shall commence as of the Effective Date. Licensee’s right to access the CMPD and use the data, the codebook, and any auxiliary materials will take effect upon Licensor’s receipt of Licensee’s online agreement to this End User License Agreement.
    2. No term of this Agreement can be waived except by the written consent of the party waiving compliance
    3. If any provision of this Agreement is determined by a court of competent jurisdiction to be void, invalid, or otherwise unenforceable, such determination shall not affect the remaining provisions of this Agreement.
    4. This Agreement does not create a joint venture, partnership, employment, or agency relationship between the Parties.
    5. There are no third-party beneficiaries to this Agreement. Licensee may not assign this agreement without the Licensor’s prior written approval.
    6. This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales, by whose courts all disputes arising out of or relating to this Agreement shall be determined exclusively.
    7. This Agreement represents the entire agreement between Licensee and the Licensor regarding the subject matter of paragraphs 1-8. There are no other understandings, written or oral, that are not included in this Agreement.

This Agreement, is entered into as of the date the Licensee's online Agreement to this End User License Agreement, [2020] ("Effective Date") by and between Anamika Twyman-Ghoshal, Ph.D., the database creator and manager ("Licensor"), and the individual researcher named in the online Agreement to this End User License Agreement, ("Licensee").