1. Scope
The Foursquare Spatial H3 Hub allows you to select certain datasets as set forth in the data catalog (“Datasets”) and have the Datasets indexed to H3 (“Indexed Datasets”). In order to access the Datasets through the Foursquare Spatial H3 Hub, you will need to make authenticated calls using an OAuth access token, please reference the Developer Documentation. Foursquare is currently providing the selected Datasets indexed at H3 Resolution Level 8 for free.
2. License Grant
Subject to your full compliance with this Spatial H3 Hub License and the Agreement, Foursquare grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, without rights to create any derivative works, to access and use the Indexed Datasets through the Foursquare Spatial H3 Hub to conduct geospatial analytics solely for internal, non-commercial use. You agree not to download, export, or copy the Indexed Datasets or use the Indexed Datasets for any other purpose without Foursquare’s prior written consent. For avoidance of doubt, you may not upload the Indexed Datasets to any third party site, including any public repository, without Foursquare’s express written permission.
For clarity, the prohibition contained herein on the right to create derivative works only applies to the Indexed Datasets and not to the underlying Datasets (which remain governed by their respective source licenses).
In addition, you acknowledge that nothing in this license creates any share-alike concepts (such as open source software, open database or data licenses, including ODBL, CDLA or otherwise) and that Indexed Datasets shall not be deemed a “derivative database” under any open source licenses. You agree not to use the Foursquare Spatial H3 Hub or Indexed Datasets to create a “derivative database” under any open source licenses and not to integrate the Indexed Datasets with any other material and/or services that may subject the Indexed Datasets to any share-alike concepts stated herein.
3. Third-Party Datasets
The Indexed Datasets available to you in the data catalog are created using third-party Datasets that may be open sourced data or contain data from public sources. You represent and warrant that you will comply with any license or intellectual property requirements governing the Datasets. Foursquare shall have no liability to you for any violation of any license or intellectual property requirements governing the Datasets and you agree to indemnify, defend, and hold Foursquare harmless from any and all claims or actions arising out of or in connection with your use of the Datasets and Indexed Datasets.
4. DISCLAIMERS
THE FOURSQUARE SPATIAL H3 HUB, DATASETS AND INDEXED DATASETS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ADDITIONALLY, YOU UNDERSTAND THAT THE FOURSQUARE SPATIAL H3 HUB AND INDEXED DATASETS ARE STILL IN BETA TESTING AND THEREFORE MAY BE INHERENTLY LESS RELIABLE THAN OUR OTHER PRODUCTS. FOURSQUARE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IN CONNECTION WITH THIS SPATIAL H3 HUB LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS SPATIAL H3 HUB LICENSE.
5. Other
5.1. Either party may terminate this Spatial H3 Hub License at any time upon written notice to the other party (email to suffice). After termination, you agree to cease all access and use of the Indexed Datasets. Notwithstanding the foregoing, the underlying license(s) or intellectual property requirements governing the Datasets may continue to apply in accordance with their respective terms.
5.2. In the event that there are any conflicts between the terms of this Spatial H3 Hub License and the Agreement, the terms of this Spatial H3 Hub License shall control.