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Foundant'rectmologies Standard Terms and Conditions
<br />Software License and Services Agreement with Customer
<br />Appendix A
<br />Guidestar User Agreement
<br />USER AGREEMENT
<br />READ THE TERMS AND CONDITIONS HEREIN CAREFULLY
<br />BEFORE CONTINUING OR USING THE GUIDESTAR SITE (AS
<br />DEFINED BELOW'). IF YOU DO NOT AGREE TO THESE TERMS
<br />AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE
<br />USE THE GUIDESTAR SITE. YOUR CLICKING ON THE BUTTON
<br />MARKED "I ACCEPT" AND YOUR CONTINUED USE OF THESE
<br />SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU
<br />HAVE READ AND ACCEPTED THESE TERMS AND
<br />CONDITIONS AND THIS USER AGREEMENT.
<br />This User Agreernent is a binding contract between You and Philanthropic
<br />Research, Inc. ("GuideStar"). Your access to and continued use of the
<br />GuideStar Web site located at www.guidestar.org (including any successor
<br />site) (the "GuideStar Site") constitutes your acceptance, without limitation,
<br />of the terns and conditions of this User Agreement. If You do not agree to
<br />be bound by these terns, You may not access or use the GuideStar Site.
<br />You acknowledge that you have read the terms and conditions herein
<br />and that you accept such terms and conditions. YOU AGREE TO
<br />READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
<br />BEFORE USING THE GUIDESTAR SITE OR ANY FEE-BASED
<br />PRODUCT (AS DEFINED BELOW). If you do not agree to these
<br />terms and conditions, you may not use the GuideStar Site or any Fee -
<br />Based Product.
<br />Permitted and Prohibited Uses
<br />Permitted Uses. Upon Your acceptance of this Agreement by clicking on
<br />the button marked "I Accept", You are granted limited, non-exclusive and
<br />nontransferable license to access and use the GuideStar Site (including its
<br />database and certain other contents, but excluding portions of the GuideStar
<br />Site relating to Fee-based features or services, such as features and services
<br />associated with "GuideStar Select' and "GuideStar Premium" (collectively,
<br />"Fee -Based Products")) for the following purposes (collectively, "Permitted
<br />Uses"):
<br />a. to team about nonprofit organizations for the purposes of evaluating them
<br />as recipients of personal charitable donations; or
<br />b. if You are an entity or governmental agency:
<br />i investigating nonprofit entities for purposes of providing goods or services
<br />to them or for entering into other types of business relationships with them,
<br />ii fulfilling Your business or organizational mission of making charitable
<br />donations to nonprofit entities;
<br />iii conducting comparative or other "best practices" research purposes;
<br />iv for Your own internal business use; and
<br />v in the case of governmental agencies, performing regulatory or research
<br />functions related to nonprofit entities.
<br />Prohibited Uses. You may not:
<br />I. use the GuideStar Site other than is authorized by this Agreement;
<br />2. use the GuideStar Site for the benefit of any third party, other than as part
<br />of Permitted Use;
<br />3. republish or distribute information from the GuideStar Site (including by
<br />posting same on any other Web site);
<br />4. mortify information from the GuideStar Site except in connection with a
<br />Permitted Use;
<br />5. disassemble, decode, decompile, or otherwise reverse engineer the
<br />GuideStar Site, including, without limitation, any interfaces or software
<br />programs comprising the GuideStar Site;
<br />6. take any action that would impede or interfere with the operation of the
<br />GuideStar Site or alter the contents of the GuideStar Site, or alter or
<br />interfere with any other content, site or software that GuideStar owns or
<br />controls;
<br />7. directly or indirectly, change, recompile, refiame, rent, sell, distribute or
<br />publish any of the GuideStar Site, GuideStar Database and/or GuideStar
<br />Content, or any portion thereof;
<br />8. use any data mining, robots or similar data gathering and extraction
<br />methods with respect to the GuideStar Site or any portion thereof; or
<br />9. use the GuideStar Site directly or indirectly in competition with
<br />GuideStar in any way whatsoever.
<br />Access to the GuideStar Site
<br />Except as provided below with respect to library Patrons (as defined below),
<br />if You are an individual, You will select a user name and password at the
<br />[rine You complete Your registration on the GuideStar Site. If You are an
<br />entity or governmental agency, You will, upon purchasing any of
<br />GuideStar's Fee -Based Products that permit access by one or more of your
<br />authorized users (which (unless Your agreement with GuideStar with
<br />respect to such Fee -Based Product expressly provides otherwise) may be
<br />Yom employees but not independent contractors or third parties), be
<br />permitted to designate those of You authorized users who will be permitted
<br />to access such Fee -Based Product on Your behalf, subject to the maximum
<br />number of authorized users to which You are permitted to grant access to
<br />such Fee -Based Product, as provided in the subscription or other agreement
<br />pursuant to which You purchased such Fee -Based Product. Stich authorized
<br />users must complete GuideStar's registration process in order to receive
<br />passwords that will permit them to access such Fee -Based Product. (For the
<br />avoidance of doubt, if you are an authorized user of an entity or
<br />governmental agency (including, without limitation, a library) that has
<br />purchased one or more Fee -Based Products, all of the rights, obligations and
<br />agreements stated in this User Agreement as applicable to "You" shall apply
<br />equally to you as such an authorized user.) Only one individual may access
<br />the GuideStar Site ata time using the same username and password You
<br />are responsible for maintaining the confidentrality of the user name and
<br />password and are fiilly responsible for all activities that occur under Your
<br />user name or password, and, if You are an entity or governmental agency,
<br />for all activities that occur under the user names and passwords of Yom
<br />authorized users to the extent such user names and/or passwords are used or
<br />misused in connection with any Fee -Based Product purchased by You.
<br />You me responsible for ensuring that no unauthorized person will have
<br />access to Yom user name, password or account. It is Your sole
<br />responsibility to monitor and control access to and use of Your user name,
<br />password and account. Your user time, password and account are not
<br />transferable. You grant GuideStar and all other persons and entities
<br />involved in the operation of the GuideStar Site the right to transmit,
<br />monitor, store, retrieve and use Yom information in connection with the
<br />operation of the GuideStar Site. You agree to (a) immediately notify
<br />GuideStar of any unauthorized use of Your user name, password or account
<br />or any other breach of security, and (b) ensure that You exit from Yom
<br />account at the end of each session. GuideStar cannot and will not be liable
<br />for any loss or damage arising from You (or any authorized users') failure
<br />to comply with the provisions of this Section.
<br />If Your access to the GuideStar Site is provided by or through a third party
<br />library that has entered into an agreement with GuideStar to allow its
<br />legitimate Patrons to access any Fee -Based Product without requiring such
<br />Patrons to log in individually with user name and passwords, by using the
<br />GuideStar Site (including, without limitation, such Fee -Based Product),
<br />You agree to abide by all of the provisions of this User Agreement, except
<br />that the provisions above regarding registration and use of a user name and
<br />password may be inapplicable to You use of the GuideStar Site and such
<br />Fee -Based Product to the extent such use is made via access provided by
<br />such library. "Patron' means an individual member of the public authorized
<br />to access and use a library in accordance with the rules and policies
<br />applicable to such library.
<br />GuideStar reserves the right, for any reason and without notice, in its sole
<br />discretion, to terminate, change, suspend, or interrupt access, in whole or in
<br />part, to the GuideStar Site. GuideStar further reserves the right to impose
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