The Supplier Data used to provide the USA Combined Dataset is supplied by GBG’s Supplier. GBG is obliged under the terms of its agreement with its Supplier to ensure that all End Users agree to comply with the following licensing provisions:

1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms and Product Terms:
“End User Data” means any data provided to GBG by the End User for processing in accordance with the terms of the Agreement including where relevant any personal data.
“Permitted Purpose” means the purposes, restrictions and or conditions for use of the Dataset outlined by the Supplier in the Additional Terms below in addition to the Customer Use Case set out in the Agreement. 

2. USE OF THE DATASET
2.1. The Supplier reserves the right to modify the Supplier Data from time to time, for any reason, and without notice, including the right to terminate the Supplier Data. Any changes, updates and new versions of the Supplier Data will be subject to these terms.
2.2. The End User must not in any circumstances use the Dataset, Supplier Data or any other information provided by the Supplier for any purpose that would violate any state or local statute, rule or regulations or in connection with transactions involving:
(a) Live animals or any other living organisms of any kind;
(b) Illegal activities or violations of law, rules or regulations; or
(c) The exploitation of children, individuals or animals.
The End User agrees to limit its use to legal purposes, and to take appropriate measures so as to protect against the misuse of any information.
2.3. The End User acknowledges that it is not a Consumer Reporting Agency and the information provided by the Supplier may not be used for any purpose that would violate privacy obligation policies and/or any other terms and provisions of the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), the Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), the Federal Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.), or any similar state or local statute, rule or regulation.

2.4 If the End User processes personal data belonging to data subjects residing in the United States or any of its territories then sub-clauses 2.4.1 - 2.4.3 below shall apply:

2.4.1 The terms ‘consumer reporting agency’, ‘consumer report,’ ‘permissible purposes’, and ‘adverse action’ utilized in clause 2.4 shall adhere to the definitions ascribed to them under the Fair Consumer Reporting Act, 15 U.S.C. §1681 et seq. (“FCRA”).

2.4.2 THE END USER ACKNOWLEDGES AND AGREES THAT (A) GBG AND THE SUPPLIER DO NOT QUALIFY AS A “CONSUMER REPORTING AGENCY”, (B) THAT THIS DATASET PROVIDED TO END USER HEREUNDER DOES NOT CONSTITUTE “CONSUMER REPORTS,” AND (C) THAT THIS DATASET IS EXCLUSIVELY PROVIDED FOR IDENTITY VERIFICATION AND FRAUD PREVENTION, AND THEREFORE END USER SHALL NOT USE IT AS A FACTOR TO DETERMINE ELIGIBILITY FOR CREDIT, INSURANCE, EMPLOYMENT, OR ANY OTHER PERMISSIBLE PURPOSES UNDER THE FCRA OR ANY OTHER SIMILAR APPLICABLE CONSUMER CREDIT LAW IN THE UNITED STATES OR OTHERWISE.

2.4.3 The End User further agrees that it shall not use any information it receives through this Dataset: (i) for any “permissible purpose” under the FCRA or use any of the information it receives through the Services to take any “adverse action”, as that term is defined in the FCRA; (ii) in violation of the provisions and regulations of the Drivers Privacy Protection Act (18 U.S.C. Section 2721 et seq.); (iv) in violation of such other future legislation that GBG reasonably determines limits the use of this Dataset; or (v) for marketing purposes.

2.5. In the event that the End User operates within the tobacco or healthcare industries within the United States of America or provides marketing services to the tobacco industry in the United States of America the End User must inform GBG who must seek consent from its Supplier, before the End User uses the Dataset.
2.6. The End User shall limit its use of the Dataset to the purposes specified in these Additional Terms and shall take appropriate measures so as to protect against the misuse of any information provided by the Supplier.
2.7. The End User must comply at all times with all US Federal and State laws regarding the use of the Dataset or Supplier Data, including but not limited to the Federal Wire Act and shall abide by all applicable legislation and rules and regulations as may be enacted or adopted after the date hereof.
2.8. The End User must not re-produce, re-transmit, re-publish, or otherwise transfer for any commercial purposes, the Dataset, the Supplier Data, data programs or computer applications or the results of the Supplier Data.

2.9. The End User warrants that it will not use this Dataset for any reason outside of the Permitted Purpose.

3. LIABILITY AND INDEMNITY
3.1. The End User agrees that under no circumstances shall the Supplier or its service providers, data providers and their respective officers, employees and licensors be liable to the End User, on account of the use or misuse of the Dataset, Supplier Data or reliance on the Supplier Data. Such limitation of liability shall apply to prevent recovery of direct, indirect, consequential, special, exemplary, and punitive damages (even if the Supplier or its data providers have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Supplier Data, from inability to use the Dataset or Supplier Data, or from the interruption, suspension or termination of the Dataset or Supplier Data (including such damages incurred by third parties).
3.2. By using the Dataset, the End User:
(a) agrees to indemnify and hold harmless the Supplier, its service providers, data providers and their respective officers, employees, and licensors from all claims and expenses, including attorney’s fees, arising from the End User’s use of the Dataset or Supplier Data;
(b) hereby releases the Supplier, its service providers, data providers and their respective officers, employees, and licensors from all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed. The End User agrees to waive any laws that may limit the efficacy of such releases;
(c) acknowledges that the Supplier, its service providers, data providers and their respective officers, employees, and licensors shall not be liable to the End User for any loss or injury arising out of or caused in whole or in part by acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Dataset or Supplier Data;
(d) hereby agrees to protect, indemnify, defend and hold harmless any third party service providers, data providers and their respective officers, employees, and licensors in connection with the Dataset or Supplier Data from and against all costs, claims, demands, damages, losses, and liabilities (including attorney’s fees and costs) arising from or in any way related to use of the information received by the End User.

4. EXCLUSION OF WARRANTY
5.1 The End User acknowledges that the Supplier Data has been gathered from selected public records and other sources and agrees to accept the Supplier Data “as is” without warranty of any kind. Without limiting to the generality of the foregoing: (i) any warranty, express or implied, with respect to the Dataset are hereby disclaimed; (ii) no guarantee or warranty as to the correctness, completeness, merchantability, or fitness for a particular purpose of the Dataset or Supplier Data or the components thereof is granted hereunder, and (iii) no warranty is made as to the provision of uninterrupted or error-free Supplier Data, or that the Dataset or Supplier Data is not susceptible to intrusion, attack or corruption.

5. NETWORK SECURITY
6.1 Violations of system or network security are prohibited and may result in criminal or civil liability. Examples include but are not limited to the following: unauthorised access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks, forging or any TCP-IP packet header or any part of the header.

6. TERMINATION
6.1 Notwithstanding the terms in the Agreement, the End User acknowledges and accepts that it retains no rights, title, or interest in and/or to the Supplier Data, information, programs and computer applications provided under applicable contractual, copyright, patent and related laws and that any use of the Supplier Data outside of these terms is unauthorized and will be cause to suspend or terminate the supply of the Supplier Data.
6.2 The End User acknowledges and accepts that if it is determined or reasonably suspected that it has re-sold the Supplier Data or results of or is re-selling or brokering the Supplier Data or violating any laws or regulations including those described herein, the delivery of the Supplier Data may be terminated or suspended immediately.