SOFTWARE LICENSE AGREEMENT FOR DIGITAL CARTOGRAPHIC
DATA
====================================================
THIS
DIGITAL CARTOGRAPHIC DATA IS OWNED BY SOLCITY WORDL
INVESTMENT & DEVELOPMENT. OR ITS SUBSIDIARIES
("SOLCITY WORDL INVESTMENT & DEVELOPMENT")
AND IS PROTECTED UNDER COPYRIGHT LAWS AND INTERNATIONAL
COPYRIGHT TREATIES. THIS DIGITAL CARTOGRAPHIC DATA
IS LICENSED, NOT SOLD. THIS DIGITAL CARTOGRAPHIC DATA
IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES
WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS
ON WARRANTIES AND/OR REMEDIES.
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING
THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING
THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU
HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF
YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT WITHIN
10 DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND
TO ONE OF THE FOLLOWING: (1) THE DEALER FROM WHICH
YOU PURCHASED THIS PRODUCT;
1.
LICENSE: SOLCITY WORDL INVESTMENT & DEVELOPMENT
("we" or "us") provides you with
"online" or electronic digital cartographic
data (called the "Product") and grants you
a limited non-exclusive license to use the Product
in accordance with the terms of this License Agreement.
The copyright and all other rights to the Product
shall remain with us. You must reproduce any copyright
or other notice marked on the Product on all copies
you make.
2. YOU MAY:
a)
install and use one copy of the Product on a single
computer or network. This copy is to be used by only
a single user at a time. If you wish to use the Product
for more users, you will need an additional license
for each user.
b)
make one copy of the Product for archive or backup
purposes.
c)
use a copy of the Product on a home or portable computer
if that copy is never loaded at the same time it is
loaded on your primary computer.
d)
transfer the Product to someone else only if you assign
all of your rights under this License, cease all use
of the Product, erase or destroy any copy (including
the hard disk copy) made in support of your use of
the Product, and ensure that the other person agrees
to the terms of this License.
3. YOU MUST NOT:
a)
make copies of the Product except as expressly permitted
in Section 2 of this License.
b)
translate, reverse engineer, decompile, or disassemble
the Product except to the extent the foregoing restriction
is expressly prohibited by applicable law.
c)
rent, lease, loan, sub-license, distribute, assign,
or transfer the Product or any unlock code for the
product except as set out in Section 2 (d) above.
d)
modify the Product or merge all or any part of the
Product with another program.
4. TERM: This License shall continue for as long as
you use the Product. However, this License will terminate
automatically without notice from SOLCITY if you fail
to comply with any of its terms or conditions. You
must agree, upon termination, to destroy all copies
of the Product. The Limitations of Warranties and
Liability set out below shall continue in force even
after any termination.
5.
LIMITATION OF WARRANTIES AND LIABILITY: THE PRODUCT
IS PROVIDED ON AN "AS IS" BASIS, WITHOUT
ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE OF
TRADE, OR COURSE OF DEALING. YOU ASSUME ALL RESPONSIBILITY
AND RISK FOR THE USE OF THIS PRODUCT AND SOLCITY DISCLAIMS
ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE RESULTING
FROM USE OF THIS PRODUCT, WHETHER DIRECT OR INDIRECT,
AND WHETHER OR NOT SOLCITY HAS BEEN ADVISED OF OR HAS
KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS, INJURY
OR DAMAGE. IN NO EVENT SHALL SOLCITY HAVE ANY LIABILITY
TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY COMPENSATORY,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR
OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE
FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE
LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID
BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION
SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT
IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR
A FUNDAMENTAL BREACH. Some states do not allow the
exclusion of incidental or consequential damages or
the limitation of duration of an implied warranty
so the above limitations may not apply to you.
IT IS YOUR RESPONSIBILITY TO USE THIS PRODUCT PRUDENTLY
AND TO VISUALLY VERIFY STREETS, ROADS, ROAD SIGNS
AND DIRECTIONS, AND, IN THE CASE OF MARINE USAGE,
BUOYS, LIGHTS AND OTHER NAVIGATION AIDS. THIS PRODUCT
IS INTENDED TO BE USED ONLY AS A TRAVEL AID AND SHOULD
NOT BE USED FOR ANY PURPOSE REQUIRING PRECISE MEASUREMENT
OF DIRECTION, DISTANCE OR LOCATION.
6.
EXPORT CONTROLS: You agree not to export or re-export
the Product to any country in violation of the export
control laws of the United States of America.
7.
GENERAL: This License is the entire agreement between
us, superseding any other agreement or discussions,
oral or written, and may not be changed except by
a signed agreement. This License shall be governed
by and construed in accordance with the laws of the
State of Kansas, United States of America. If any
provision of this License is declared by a court of
competent jurisdiction to be invalid, illegal, or
unenforceable, such a provision shall be severed from
the License and the other provisions shall remain
in full.
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