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MapAdvisor software is Copyright (c) 2003-2005, MapAdvisor.
Use this version of MapAdvisor software AT YOUR OWN RISK.
WARNING: this computer program is protected by copyright law
and international treaties. Unauthorized reproduction or distribution
of this program, or any portion of it, may result in severe civil and
criminal penalties, and will be prosecuted to the maximum extent
possible under the law.
Full End User License Agreement (scroll to the end):
Use of this Software is subject to following
End User License Agreement.
(A) Non-commercial Use. Subject to payment of the license
fee applicable to a non-commercial license, MapAdvisor grants
you a non-exclusive license to use the Software and accompanying
Documentation as described in section D below under "Scope of Grant"
but only for personal use on a computer located at a residence,
or for educational or non-profit use, and not for any commercial
use (including use on behalf of a company or business).
(B) Commercial Use. Subject to payment of the license
fees applicable to commercial use, MapAdvisor grants you
a non-exclusive license to use the Software and Documentation
as described in section D under "Scope of Grant" for any personal
or commercial purpose, including use on behalf of a company
or business.
(C) Limited Warranty. MapAdvisor warrants to
users who have purchased a license that for a period of ninety
days from the date of acquisition, the Software, if operated as
directed, will substantially perform in accordance with the
Documentation. MapAdvisor does not warrant that your use of
the Software will be uninterrupted or that the Software is
error-free or secure, or that every "bug" in the Software
will be fixed. MapAdvisor also warrants to users who have
purchased a license that for ninety days from the date you
acquired the Software the media containing the Software, if
provided by MapAdvisor, will be free from defects in material
and workmanship. MapAdvisor's sole liability for any breach of
this warranty shall be, in MapAdvisor's sole discretion to (i)
replace your defective media, or (ii) replace the Software with
a corrected version, or (iii) refund the license fee you paid
for the Software. MapAdvisor is not obligated to provide one
of these remedies unless you inform MapAdvisor of your problem
with the Software during the applicable warranty period and
provide evidence of the date you purchased a license to the
Software. THIS LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY
MapAdvisor. MapAdvisor EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES INCLUDING WARRANTY OF NONINFRINGEMENT OF THIRD
PARTIES' RIGHTS, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS,
SO LIMITATIONS MAY NOT APPLY TO YOU. NO MapAdvisor DEALER,
AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
EXTENSIONS OR ADDITIONS TO THIS WARRANTY. This warranty does
not apply if you modify the Software, if the media is subjected
to accident, abuse, or improper use, or if you breach this
Agreement. This warranty shall not apply if the Software is
used with hardware or software other than the unmodified
version of hardware and software with which the Software was
designed to be used as described in the Documentation. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY BY JURISDICTION.
(D) Scope of Grant. You may: use the Software on a single PDA;
use the Software on a network, provided that each person accessing the
Software through the network has a license to the Software as described
above; use the Software on a second PDA so long
as only one copy is used at a time; and copy the Software for
archival purposes, provided any copy must contain all of the original
Software's proprietary notices. You are expressly prohibited from:
permitting other individuals to use the Software except under the
terms above; permitting concurrent use of the Software; modifying,
translating, reverse engineering, decompiling, disassembling (except
to the extent applicable laws specifically prohibit such restriction),
or operating the Software or using the Documentation for any
competitive analysis of the Software or to create any software with
similar functionality, or to create derivative works based on the
Software or the Documentation; copying the Software or the
Documentation other than as specified above; renting, leasing,
granting a security interest in, or otherwise transfering rights
to the Software; or removing any proprietary notices or labels
on the Software.
(E) Title. The Software is protected by copyright laws and
international treaties. MapAdvisor and its licensers retain all title
and ownership in the Software and Documentation, including any
revisions.
(F) Termination. The license will terminate automatically
if you fail to comply with this Agreement. In such event, you must
destroy all copies of the Software and Documentation.
(G) Export Controls. You are responsible for complying with U.S. export
laws and regulations respecting the Software. None of the Software or
underlying information or technology may be downloaded by or otherwise
exported or reexported (i) into (or to a national or resident of) any
country to which the United States has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Denial Orders.
By downloading, installing or using the Software, you are agreeing
to the foregoing and you are representing that you are not located in,
under the control of, or a national or resident of any such country or
on any such list.
(H) Limitation of Liability. IN NO EVENT SHALL MapAdvisor
OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS
OF PROFITS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES. IN NO EVENT WILL MapAdvisor BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE AMOUNT MapAdvisor RECEIVED FROM
YOU FOR A LICENSE TO THE SOFTWARE. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
(I) U.S. GOVERNMENT Restricted Rights. Use, duplication or disclosure by the
Government is subject to restrictions set forth in subparagraphs
(a) through (d) of the Commercial Computer-Restricted Rights clause
at FAR S2.227-19 when applicable, or in subparagraph (c) (1)(II) of
the Rights in Technical Data and computer Software clause at DFARS
252.227-7013,or at 252.211-7015, or to MapAdvisor's standard commercial
license, as applicable, and in similar clauses in the NASA FAR
Supplement.
(J) High-Risk Activities. The Software is not designed,
or intended for use, as on-line control equipment in hazardous
environments, such as in the operation of nuclear facilities,
aircraft navigation, or communication systems, air traffic control,
direct life support machines, or weapons systems, in which the failure
of the Software could lead to death, personal injury, or physical or
environmental damage ("High Risk Activities"). MapAdvisor and its
suppliers specifically disclaim any express or implied warranty of
fitness for High Risk Activities.
(K) Miscellaneous. If the copy of the Software you received as
accompanied by a printed or other form of License Agreement from
MapAdvisor with terms which vary from this Agreement, then the former
governs your use of the Software. You acknowledge that you understand
that, in order to improve your quality of service, the Software may
from time to time upload data regarding the computing environment's
performance, service level and related data, but will not disclose
the identity of its user.
This Agreement represents the complete agreement concerning this
license and may be amended only by a writing executed by both parties.
THE ACCEPTANCE BY MapAdvisor OF ANY PURCHASE ORDER PLACED
BY YOU IS EXPRESSLY CONDITIONED ON YOUR ASSENT TO THE
TERMS, AND NOT THOSE IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable,
that provision shall be reformed only to the extent
necessary to make it enforceable. This Agreement is governed by
California law (except for conflict of law provisions). The application
of the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
If you agree to this License and wish to use the software,
please click the "I Agree to comply with these terms" button.
If you do not agree, please click the "No, I disagree. Disable the program"
button, and the program will not continue.
If you initially acquired a copy of the Software without purchasing
a license and you wish to purchase a license, please contact
MapAdvisor on the Internet at www.mapadvisor.com. |
| © Copyright 2003-2005, MapAdvisor. All rights reserved. |