US Government Terms of Service Amendment
Applicability. This U.S. Government End User Terms of Service Amendment (“Amendment”) applies to all instances where the ultimate end user(s) of the Services or Software (as each is defined in our agreement with you) is an agent or employee of the United States Government. If you are a prime contractor or subcontractor that is using the Software or Services to provide products or services to or for the U.S. Government, you must flow our agreement with you (including this Amendment) to your U.S. Government customer and all U.S. Government users, account holders, and subscribers who use or access the Services or Software on behalf of a U.S. Government agency ("U.S. Government End User").
This Amendment is an agreement between Mapbox, Inc. ("Mapbox"), the U.S. Government customers, and the U.S. Government End Users.
U.S. Government End User Rights:
The Services, Software and any derivatives thereof are “commercial items” as defined in 48 C.F.R. 2.101 (“Commercial Items”). The use, duplication, reproduction, release, modification, disclosure or transfer of the Software or any Services-related software and any associated documentation and technical data by a U.S. Government End User is restricted in accordance with 48 C.F.R. §12.211; 48 C.F.R. §12.212, 48 C.F.R. §227.7102-2, and 48 C.F.R. §227.7202, as applicable. You may resell the Software or the Services to a U.S. Government End User, if and only if, the Software or Services are licensed to the U.S. Government End User subject to the terms of this Amendment.
In recognition of the fact that certain provisions of our agreement with you (the “Mapbox Terms of Service”) are inapplicable or unenforceable where U.S. Government End Users are involved, Mapbox and you agree that modifications to Mapbox's Terms of Service are appropriate. Provisions concerning the following subject matter that are included in your Mapbox Terms of Service do not apply, and, where relevant, are superseded by the applicable provision of FAR 52.212-4 or other applicable law, such as the Contracts Disputes Act:
Changes and payment
Account cancellation or suspension
Changes to service or terms
Limitation of liability
Any provision concerning choice of law and/or venue for dispute resolution
No endorsement: Mapbox agrees that any U.S. Government seals, trademarks, logos, service marks, trade names, and the fact that you use the software, services, maps, and other content of the Mapbox site shall not be used by Mapbox in such a manner as to state or imply that Mapbox's products or services are endorsed, sponsored or recommended by you or by any other entity of the U.S. Government, or are considered by the U.S. Government as superior to any other company's products or services. Mapbox agrees not to display any U.S. Government seal or logo on the Mapbox homepage or elsewhere on the Mapbox Site, unless permission to do has been granted by the relevant U.S. Government authority. Mapbox may list the U.S. Government customer’s name in a publicly available user list so long as the name is not displayed in a more prominent fashion than that of any other third party name, and reference the U.S. Government customer as a Mapbox user.
Precedence: If there is any conflict between this Amendment and the Mapbox Terms of Service, this Amendment shall prevail.
U.S. Government End Users hereby agree to protect Permanent Geocodes and Atlas Geocoding Data from public disclosure and to consider the Permanent Geocodes and Atlas Geocoding Data exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Permanent Geocodes and Atlas Geocoding Data. In the event that such exemption is challenged under any such laws, this agreement shall be considered breached and any and all right to retain any copies or to use of the Permanent Geocodes and Atlas Geocoding Data shall be terminated and considered immediately null and void, and any copies of Permanent Geocodes and Atlas Geocoding Data held by a U.S. Government End User at that time shall immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this agreement shall be considered terminated and null and void, in its entirety, and any and all copies of Permanent Geocodes and Atlas Geocoding Data shall immediately be destroyed.