Copyright (c) 2000-2006 LandV. All Rights Reserved.
SOFTWARE LICENSE AGREEMENT for AxioMap Web map publishing and viewing program
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and LandV ("Licensor") for the LandV software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software Product"). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not install or use the Software Product.
LICENSE AND CERTAIN RESTRICTIONS
LandV grants you a nonexclusive, nontransferable license to use the AxioMap Web map publishing and viewing program (the "Software") and its printed manual and other accompanying material ("Documentation") with equipment owned by you or under your control, according to the terms and conditions of this License Agreement.
The Software Product (including any images, icons, graphics, animations, video, audio, music, and text incorporated into the Software Product) is protected by copyright laws. You agree to reproduce copyright and other proprietary rights notices and restricted use legends that were in the original copy of the Licensed Software, Documentation, and Integrated Works.
YOU MAY NOT:
a. reverse engineer, decompile or disassemble the Software Product.
b. remove, alter or obscure any proprietary notices, labels or marks from the Software or Documentation.
c. modify, translate, adapt, arrange or create derivative works based on the Software source code, unless you obtain permission from LandV.
d. utilize any equipment, device, software or other means designed to circumvent or remove any form of copy protection used by LandV in connection with the Software Product, or use the Software Product together with any authorization code, serial number, or other copy protection device not supplied by LandV directly or through an Authorized AxioMap Reseller.
e. export the Software or Documentation in violation of U.S. or other applicable export control laws.
TRADEMARK
AxioMap is a registered trademarks of LandV. ESRI and ArcView are registered trademarks, and Avenue is a trademark of Environmental Systems Research Institute, Inc. Microsoft and Internet Explorer are registered trademarks of Microsoft Corporation. Other brands or products are trademarks or registered trademarks of their respective holders and should be treated as such.
COPYRIGHT
You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form. Unless you purchase the source code, you may not modify, adapt, translate, rent, sublicense, assign, lease, loan, resell for profit, distribute the Software Product or related materials or create derivative works based upon the Software Product or any part thereof.
WARRANTY
The Licensed Software and Documentation are provided on an " AS IS" basis, with no warranty.
TECHNICAL SUPPORT
Licensor can provide technical support for AxioMap. Please, contact LandV directly for arrangements and fees.
TRAINING
LandV can provide training on the use of AxioMap Web map publishing and viewing program. Please, contact LandV directly for arrangements and fees.
FEES
There is no fee for this License. This agreement does not grant you any right to enhancements or updates to, or support or maintenance for, the Licensed Software Product.
UPGRADES
Enhanced or Upgraded Software Product can be purchased from LandV.
DISCLAIMER
THIS SOFTWARE PRODUCT IS PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE PRODUCT AND RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. THE LIABILITY OF LICENSOR UNDER THE WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT.
US GOVERNMENT RESTRICTED RIGHTS
Use, duplication and disclosure by Government is subjected to restriction set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
CERTAIN LIMITATIONS
Licensor has no control over your use of the Software Product. Licensor does not and cannot warrant the performance or results that may be obtained by its use. Licensor does not represent, warrant, or guarantee the accuracy and timeliness of the data contained in the Software Product and Licensor shall have no liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies in or untimeliness of the data, or for any delay in reporting such data contained in the Software Product. Various information in the Software Product constantly changes, and the information in the Software Product is only as of a particular date. Licensor does not warrant that the operation of the Software will be uninterrupted or error free. Licensor is not responsible for problems caused by accident, abuse, mishandling, alteration, or improper use. Licensor does not warrant or guarantee the suitability of the Software Product or that it will meet your requirements.
LIMITATION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. The limitations of damages set forth above are fundamental elements of the bases of the bargain between Licensor and you. Licensor would not be able to provide this product on an economic basis without such limitations.
MISCELLANEOUS
You acknowledge that, in providing you with the Software Product, Licensor has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, and hereby reaffirm your acceptance of those terms. You further acknowledge that this Agreement constitutes the complete statement of the agreement between you and Licensor, and that the Agreement does not include any other prior or contemporaneous promises, representations, or descriptions regarding the Software Product.
This Agreement is not, however to limit any rights that Licensor may have under trade secret, copyright, patent, or other laws that may be available to it. The agents, employees, distributors, and dealers of Licensor are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Licensor. Accordingly, additional statements such as dealer or other advertising or presentations, whether oral or written, do not constitute representations or warranties by Licensor and should not be relied upon.
This Agreement may be modified only in writing. If any provision of this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by the laws of the State of California, U.S.A, including its Uniform Commercial Code (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by Federal laws. This Agreement shall be construed as to its fair meaning and not strictly for or against either party.
If you have any question please send written inquires to LandV, 8943 Caminito Fresco, La Jolla, California 92037. or e-mail landv@postmark.net