LAPOP Early Access Subscription – AmericasBarometer Data Sets

Please carefully read the following License Agreement. By selecting the "I accept the terms in the license agreement" option below this Agreement, you indicate your irrevocable acceptance of its terms and conditions and agree to be bound as set forth therein. Further, your acceptance signifies your understanding and acknowledgment that this Agreement constitutes and contains the total agreement between you and Vanderbilt University with respect to this transaction. In accepting this Agreement, you further acknowledge that any agreements entered into prior or contemporaneously with this Agreement are excluded, whether oral or in writing. By selecting the "I accept the terms in the license agreement" option, you specifically acknowledge, represent, and agree that any other terms and conditions contained in an invoice, acknowledge, purchase order or other document sent by or on behalf of you or the organization you represent in this transaction shall be void and of no effect. Finally, if you are requesting an institutional license, your selection of the "I accept the terms in the license agreement" option is a representation and warranty that you have the requisite authority and legal capacity to bind your organization to this Agreement.

Vanderbilt’s LAPOP (Latin American Public Opinion Project) Data Repository License of AmericasBarometer Data Sets

Content Description

The AmericasBarometer data sets consist of public opinion surveys carried out by the Latin American Public Opinion project as part of its AmericasBarometer series. The sample sizes, county coverage and questionnaire content will vary from survey wave to wave. Normally, a new wave is conducted every two years, but this is not guaranteed as it depends on grant and contract funding to the Latin American Public Opinion Project.

Cost of Data Sets / Delivery of Data Sets

Data sets are licensed for $750 per set. Vanderbilt will provide data electronically via a secure internet download, in STATA format.

Authorized Users, Data Repository Institution and Authentication

The “Data Repository Institution” is the individual or institution that licenses the Repository Data Set(s) from Vanderbilt and pays the associated fees. Data Repository Institution is licensing a single copy of the specified data set(s) (the “Repository Data Set(s)”) which grants the rights to this single copy to be stored locally for your internal use as described in this Agreement.

Permitted Uses by Data Repository Institution

Print, download, and digitally copy Repository Data Set(s)
Extract or use information contained in the database for educational, scientific, or research purposes, such as extraction, manipulation and recombination of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis.
Use a reasonable portion of the Repository Data Set(s) in connection with specific courses of instruction offered by their institution, including use for electronic reserves.
Use a reasonable portion of the Repository Data Set(s) in the preparation of course packs or other educational materials.
If the Data Repository Institution is an institution, Data Repository Institution may provide access to Repository Data Set(s) via Institution’s internal web pages, catalogs, and course management systems, after the data has been made publicly available by LAPOP.
Make such local digital copies of the Repository Data Set(s) as are necessary to ensure efficient use by Data Repository Institution by appropriate browser or other software.
If the Data Repository Institution is an institution, Data Repository Institution may mount the Repository Data Set(s) on its protected local network, accessible only by affiliated faculty and students.

Citations and Acknowledgment

All users of the data should cite it as indicated in the following site: https://www.vanderbilt.edu/lapop/raw-data.php

Prohibited Uses

Data Repository Institution may not transmit any portion of the Repository Data Set(s) to a third party, in hard copy or electronically.
Data Repository Institution may not fulfill requests from other institutions, a practice commonly called Interlibrary Loan, or individuals. The Data Repository Institution may not distribute the data to any third party.
No commercial use of the Repository Data Set(s) is permitted.

Human Subjects Protection Clause

All LAPOP data sets distributed via this agreement have been collected in conformance with U.S. Federal Human Subjects protection regulations, as implemented by the Vanderbilt University Institutional Review Board. Furthermore, the data being distributed are “deidentified,” such that users of the survey data should not be able to identify any individual who responded to the surveys. All U.S. institutions and users who obtain data sets from LAPOP are expected to do so in complete conformity with their own institutional review board (IRB) rules implementing applicable Federal human subjects protection rules. Other users should respect the principles of these U.S. regulations in every respect.

Licensor Responsibilities

The Licensor shall:

Make the Repository Data Set(s) available to the Data Repository Institution upon execution of the license AND payment.
Other than making the data available in STATA format in a timely fashion, the Licensor provides no other performance warranties;
Notify Data Repository Institution of any substantive changes to the Repository Data Set(s), including changes to the method of access and/or the addition, deletion, or alteration of content.

Limited Warranty; Disclaimers; Limitations of Liability.

Limited Warranty.

EXCEPT AS STATED IN THIS SECTION THE REPOSITORY DATA SET(S) ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. Vanderbilt warrants that is has the authority to grant the license contained in this Agreement. These warranties shall remain in effect provided: (i) Data Repository Institution has not altered or improperly used the data; (ii) Data Repository Institution has complied with all configuration requirements; and (iii) Data Repository Institution is not in breach of any provision of this Agreement.

Disclaimer.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS. VANDERBILT DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE REPOSITORY DATA SET(S) AND SUPPORT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER VANDERBILT KNEW OR HAD REASON TO KNOW OF DATA REPOSITORY INSTITUTION’S PARTICULAR NEEDS. NO EMPLOYEE, AGENT, DEALER OR DISTRIBUTOR OF VANDERBILT IS AUTHORIZED TO MODIFY THE LIMITED WARRANTY, OR TO MAKE ANY ADDITIONAL WARRANTIES. SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. THIS WARRANTY GIVES DATA REPOSITORY INSTITUTION SPECIFIC LEGAL RIGHTS, AND DATA REPOSITORY INSTITUTION MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE.

Limitation of Liability.

Vanderbilt’s entire liability and Data Repository Institution’s exclusive remedy for a breach of this Agreement, except for a breach of the Limited Warranty set forth above, shall be termination of this Agreement. Vanderbilt shall have no liability for consequential, exemplary, indirect, special or incidental damages whether based on contract, tort or any other legal theory, arising out of or related to this Agreement or the inability to use the REPOSITORY DATA SET(S) or Limited Support, nor shall Vanderbilt be liable for any loss of data or lost profits of Data Repository Institution, even if Vanderbilt is apprised of the likelihood of such damages occurring. Vanderbilt’s total liability under this Agreement for any reason shall not exceed the amount of the payment made under this Agreement. Data Repository Institution acknowledges and agrees that licensing the REPOSITORY DATA SET(S) for the Fees under this Agreement reflects the allocation of risks expressed by (but not limited to) the above limitations of liability. Modification of such allocation would affect the Fees charged by Vanderbilt, and in consideration of Vanderbilt charging the Fees, the Data Repository Institution agrees to such allocation of risks. SOME COUNTRIES OR STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

Assignment.

Data Repository Institution shall not assign or transfer this Agreement or any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Vanderbilt. Vanderbilt may assign its rights or obligations hereunder without the consent of or notice to Data Repository Institution. This Agreement shall inure to the benefit of and bind successors and permitted assigns of Vanderbilt and Data Repository Institution.

Publications.

Data Repository Institution acknowledge that Vanderbilt may publish the names of the institutions licensing data sets as a subscriber/repository on the LAPOP website, in printed material, or in any other form of public communication.

Notices.

All notices required or permitted relating to a claim or breach of this Agreement shall be in writing and sent to: (i) if to the Data Repository Institution: the address provided by Data Repository Institution when ordering the Repository Data Set(s); and (ii) if to Vanderbilt: Center for Technology Transfer and Commercialization, Vanderbilt University, 2100 West End Ave. Suite 750, Nashville, Tennessee 37203. Either party may substitute their address from time to time by written notice to the other and shall be deemed validly given upon receipt of such notice given by certified mail, postage prepaid, or personal or courier delivery. All Limited Support or other notices relating to the usage of the REPOSITORY DATA SET(S) will be provided by Vanderbilt via either telephone or e-mail.

Severability.

All agreements, clauses and covenants contained herein are severable, and in the event any of them shall be held to be unconstitutional, invalid, illegal, or unenforceable, the remainder of this Agreement shall be interpreted as if such unconstitutional, invalid, illegal or unenforceable agreements, clauses or covenants were not contained herein.

Integration; Waiver; Modification.

The parties hereto acknowledge and agree that they have read this Agreement in its entirety and understand and agree to be bound by all of its terms and conditions, and further agree that this Agreement and any exhibits or schedules hereto constitute a complete and exclusive statement of the understanding between the parties with respect to the subject matter hereof, which supersede any and all other communications between the parties, whether written or oral. Any prior agreements, promises, negotiations or representations related to the subject matter hereof not expressly set forth in this Agreement, or any exhibits or schedules hereto, are of no force and effect. The failure by either party to exercise any right provided hereunder shall not be deemed a waiver of such right. This Agreement may be amended, modified or supplemented only by a writing signed by the parties to this Agreement. Such amendments, modifications or supplements shall be deemed as much a part of this Agreement as if so incorporated herein.

Force Majeure.

Neither party hereto shall be liable for any failure or delay in performance of its obligations hereunder by reason of any event or circumstance beyond its reasonable control, including without limitation, acts of God, war, terrorism, riot, strike, labor disturbance, fire, explosion, flood, or shortage or failure of suppliers.

Import/Export Restrictions.

Data Repository Institution shall comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and shall not export or re-export the REPOSITORY DATA SET(S) in violation of any such restrictions, laws or regulations, or without all necessary approvals.

Compliance with Laws.

Each Party will comply with all federal, state and local laws and regulations, as amended from time to time, applicable to such Party’s performance of its obligations under this Agreement, including all applicable export controls and economic sanctions laws and regulations of the United States and other applicable jurisdictions. Further, because the provision of a “service” under U.S. economic sanctions is generally prohibited without a license, Vanderbilt will block the IP addresses of persons located in Iran, Syria, Republic of Sudan, Cuba, North Korea or any other country to which the provision of such services is prohibited and will take reasonable steps to exclude participation of persons identified on the U.S. Treasury Department’s List of Specially Designated Nationals, Blocked Persons and Foreign Sanction Evaders, except as licensed otherwise authorized by the U.S. Government.