1. Scope
The “Foursquare Spatial Studio” consists of the Foursquare Spatial Studio geospatial analytics user interface and functionality currently located at studio.foursquare.com, the Foursquare Spatial Studio Data SDK (a software tool for accessing Foursquare Spatial Studio) and the Foursquare Spatial Studio Maps SDK (a software tool for embedding Foursquare Spatial Studio maps functionality into websites and other properties).
2. License Grant
Subject to your full compliance with this Spatial Studio License and the Agreement, Foursquare grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license(s):
2.1.1. To access and use Foursquare Spatial Studio solely for your own internal business purposes.
2.1.2. To display the maps generated using the Foursquare Spatial Studio (“Maps Content”) in substantially the form provided by Foursquare.
2.1.3. To download, copy, install and use the Foursquare Spatial Studio Data SDK in object code form internally, solely to upload and/or access data on Foursquare Spatial Studio.
2.1.4. To (a) download, copy and install the Foursquare Spatial Studio Maps SDK in object code form into your owned and operated application, website or other online location or property (collectively, the “App”), solely to embed the Foursquare Spatial Studio maps feature (“Maps Feature”) within the App, (b) distribute the Foursquare Spatial Studio Maps SDK in object code form solely as embedded in the App, (c) use the Foursquare Spatial Studio Maps SDK solely to access Maps Content for display in the Maps Feature, and (d) allow third party end users of the App (“End Users”) to interact with the Maps Feature and view the Maps Content within the Maps Feature.
3. Requirements & Restrictions
3.1. You will use Foursquare Spatial Studio in accordance with the documentation shown at location.foursquare.com/studio/docs/home, including any additional or more restrictive licensing requirements that apply to integrated third party elements, and the applicable portions of Foursquare Spatial Studio and Acceptable Use Policy shown at location.foursquare.com/legal/terms/aup/. Without limiting the foregoing, you will not attempt to extract the data underlying or available via the Foursquare Spatial Studio or use the Foursquare Spatial Studio: (a) to create a location or maps database or service, or to improve, edit, augment or supplement information in your own location or maps database or service, whether for internal or external use, (b) for the purpose of selling advertisements, ad targeting or ad re-targeting, ad attribution services or ad analytics; (c) for any emergency, life-saving or medical purpose; or (d) in a manner that enables third parties to avoid opening their own Foursquare Spatial Studio Accounts.
3.2. If you access and/or use the Foursquare Spatial Studio Data SDK and/or the Foursquare Spatial Studio Maps SDK (collectively, the “SDKs”), this section applies. The SDKs constitute Foursquare Confidential Information. From time to time, Foursquare may update the SDKs, and you shall promptly incorporate updates if needed. You understand that Foursquare may cease support of old versions or releases of the SDKs. You will not (a) store or cache the SDKs after termination or expiration of these Terms; (b) interfere with, circumvent, modify, disrupt or disable Foursquare Spatial Studio features or functionality, including without limitation any mechanism used to restrict access to the Foursquare Spatial Studio; (c) attempt to access the APIs accessible via the SDKs other than by using the SDKs as set forth herein; or (d) distribute the SDKs except the Foursquare Spatial Studio Maps SDK incorporated into an App.
3.3. If you display the Map Feature to End Users, your license agreement with End Users will be at least as protective of Foursquare’s proprietary rights in Foursquare Spatial Studio as those contained in these Terms. Without limiting the foregoing, such terms and conditions shall include restrictions, a disclaimer of warranties and a limitation of liability that are at least as protective of Foursquare as those in these Terms (but for the avoidance of doubt, this does not require you to name Foursquare in the End User agreement). You shall make commercially reasonable efforts to prevent the Map Feature from being queried by third parties via automated means.
3.4. At Foursquare’s request, you will include attribution to Foursquare Spatial Studio adjacent to your display of Maps Content and/or the Map Feature.
4. Other
4.1. Either party may terminate this Spatial Studio License at any time upon written notice to the other party (email to suffice). After termination, you agree to cease use of the Foursquare Spatial Studio and delete all files related to Foursquare Spatial Studio.
4.2. In the event that there are any conflicts between the terms of this Spatial Studio License and the Agreement, the terms of this Spatial Studio License shall control.
4her applicable laws, including without limitation (i) ensuring the accuracy, quality and legality of Personal Data, and (ii) providing any notices and obtaining any consents necessary to enable Foursquare to process Personal Data pursuant to the Product license and the DPA. You must ensure that the instructions you provide to Foursquare in relation to the processing of Personal Data do not (i) violate Privacy Laws or any other applicable laws, or (ii) put Foursquare in breach of its obligations under applicable law. You acknowledge and agree that your use of the Products will not violate the rights of any Data Subject (as defined in the DPA).