End User Internet License Agreement

EARTHAMAPS

END USER INTERNET LICENSE

 

IMPORTANT – READ CAREFULLY BEFORE ACCESSING MAPS (See Also: Map Use Rights)

 

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND DELORME. BY USING THIS MAP CAPABILITY, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT VIEW OR OTHERWISE MAKE USE OF THESE MAPS.

 

1. GRANT OF LICENSE: DELORME grants you a non-transferable, non-exclusive license to use the Map Capability to view maps, download and use printed map images contained on this web site, and email map links (the "Licensed Products") solely for your own personal or family use and for in-house use in your business or institution, and not for service bureau, time-sharing or other similar commercial purposes. You acknowledge that the unauthorized copying of the Licensed Products or documentation is expressly forbidden and you may be held legally responsible for copyright infringement which is caused or encouraged by your failure to abide by the terms of this Agreement. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Licensed Products. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Licensed Products or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Licensed Products by reverse engineering, disassembly, decompilation or any other means. You do not receive any, and DeLorme retains all, ownership rights in the Licensed Products. The Licensed Products are copyrighted and may not be copied, even if modified or merged with other products. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Licensed Products or output thereof.

 

2.    LIMITED WARRANTY AND LIABILITY: THE LICENSED PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THE LICENSED PRODUCTS. THE LICENSED PRODUCTS ARE INTENDED ONLY FOR VISUAL REFERENCE USE AND SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING EXACT MEASUREMENT OF DISTANCE OR DIRECTION, OR FOR PRECISION IN ADDRESS LOCATION.

 

IN NO EVENT SHALL DELORME BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT OR INDIRECT, OR ANY CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA) WHETHER OR NOT DELORME HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.

 

IF DELORME'S LIMITED WARRANTY OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT DELORME'S LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.

 

YOU SHALL INDEMNIFY AND HOLD DELORME, ITS OFFICERS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF SUCH CLAIM, DEMAND OR ACTION, ALLEGING LOSS, COSTS, DAMAGES, EXPENSES OR INJURY (INCLUDING INJURY FROM DEATH) RESULTING FROM YOUR AUTHORIZED OR UNAUTHORIZED USE, POSSESSION, MODIFICATION OR ALTERATION OF THE LICENSED PRODUCTS.

 

Some states do not allow certain warranty exclusions or the exclusion or limitation of damages, so the limitation or exclusion of warranties or damages herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any federal, state or local law, which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights, which vary, from state to state.

 

3.    TERMINATION. This license will terminate automatically without notice from DELORME if you fail to comply with any provision of this License Agreement. This license shall be governed by and construed in accordance with the laws of the State of Maine and the federal laws of the United States.

 

4.    MISCELLANEOUS. This is the exclusive Agreement between DeLorme and you regarding its subject matter. You may not assign any part of this Agreement without DeLorme's prior written consent. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect.

 

US GOVERNMENT RIGHTS IN COMMERCIAL SOFTWARE

 

Use, duplication or disclosure by the Government is subject to restrictions set forth in the commercial computer software license agreement under which the software is delivered by Licensor and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) or DFARS 227.225-7013 (OCT 1988), as applicable, or FAR 12.212(a), FAR 52.227-14 or FAR 52.227-19, as applicable.

 

Copyright © 2000 DeLorme. All rights reserved.