|Geoblogspot group License and Subscription Service Agreement|
The terms and conditions that follow set forth a legal agreement ("Agreement") between you (either an individual or an entity), the end user, and Geoblogspot group, relating to the computer software known as ArcGIS extension, and certain other software licensed by Geoblogspot group if applicable (the "Software"). The term "Software" includes and these terms and conditions also apply to (i) any updates or upgrades to the Software that you may receive from time to time under a subscription service or other support arrangement, and (ii) any add-in modules to the Geoblogspot group software you may order and install from time to time. You may not load or use the Software in any computer or copy it without a license from Geoblogspot developersr group. Geoblogspot group hereby offers you a non-exclusive license on the terms set out in this Agreement. This is a license agreement and not an agreement for sale.
1.A. Grant of License. Geoblogspot group grants to you a nonexclusive nontransferable license to use the Software. If you have paid the license fee for a single user license, this Agreement permits you to install and use one copy of the Software on any single computer at any time (i.e., if you change computers, you must de-install the Software from the old computer before installing it on the new computer). The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM). At the time of registration (see Article 9 below) you must inform us of the maximum number of potential users of the licenses you purchase. You will keep accurate and up-to-date records of the numbers and locations of all copies of the Software, will supervise and control the use of the Software in accordance with the terms of this Agreement and will provide copies of such records to Geoblogspot group upon reasonable request.
1.B. Security Mechanisms. Geoblogspot group reserves the right to embed a software security mechanism within the Software to monitor usage of the software to verify your compliance with this license. Such a security mechanism may store data relating to the use of the Software and the number of times it has been copied. You may not take any steps to avoid or defeat the purpose of any such measures.
2. Ownership of the Software/Restrictions on Copying. Geoblogspot group or its licensors own and will retain all copyright, trademark, trade secret and other proprietary rights in and to the Software and the Documentation. THE SOFTWARE AND THE DOCUMENTATION ARE PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. You obtain only such rights as are specifically provided in this Agreement. You may copy the Software into any machine-readable form for back-up purposes and within the license restrictions of Article 1. You may not remove from the Software or Documentation any copyright or other proprietary rights notice or any disclaimer, and you shall reproduce on all copies of the Software made in accordance with this Agreement, all such notices and disclaimers.
3. Other Restrictions on Use. This Agreement is your proof of license to exercise the rights granted herein and must be retained by you. Other than as permitted under the license grant in Article 1.A., you may not use any portion of the Software separately from or independently of the Software and other than for your normal business purposes and you may not provide access to or use of the Software to any third party; consequently you may not sell, license, sublicense, transfer, assign, lease or rent (including via an application service provider (ASP) or timeshare arrangement) the Software or the license granted by this Agreement. You may not modify or make works derivative of the Software and you may not analyze for purposes competitive to Geoblogspot group, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except in accordance with Article 6 below, if applicable, as it contains trade secrets of GIS-Lab developer group and its licensors.
4. Term. License is valid for 1 year, during his period all updates and support are free. The license granted herein will continue until it is terminated in accordance with this Article 5. Geoblogspot group may terminate the license granted herein immediately upon written notice to you (i) for justified cause, including without limitation breach of any provision of Articles 1, 2 or 3 of this Agreement, or (ii) if you breach any provision of this Agreement and fail to cure such breach within fifteen (15) days of notice thereof. The provisions of Articles 2, 3, 4, 6 and 7 of this Agreement shall survive any termination of this Agreement.
5. Responsibility for Selection and Use of Software: You are responsible for the supervision, management and control of the use of the Software, and output of the Software, including, but not limited to: (1) selection of the Software to achieve your intended results; (2) determining the appropriate uses of the Software and the output of the Software in your business; (3) establishing adequate independent procedures for testing the accuracy of the Software and any output; and (4) establishing adequate backup to prevent the loss of data in the event of a Software malfunction. You are solely responsible for any results obtained from using the Software.
6. Limited Warranty, Exceptions & Disclaimers
a. Limited Warranty. Geoblogspot group warrants that the Software will be free of defects in materials and will perform substantially in accordance with the Documentation for a period of ninety (90) days from the date of receipt by you. Geoblogspot group does not warrant that the Software or service will meet your requirements or that the operation of the Software will be uninterrupted or error free or that any internet tool or service will be completely secure. Geoblogspot group entire liability and your sole remedy under this warranty shall be to use reasonable efforts to repair or replace the nonconforming media or Software or re-perform the service.
b. Exceptions. Geoblogspot group limited warranty is void if breach of the warranty has resulted from (i) accident, corruption, misuse or neglect of the Software; (ii) acts or omissions by someone other than Geoblogspot group; (iii) combination of the Software with products, material or software not provided by Geoblogspot group or not intended for combination with the Software; or (iv) failure by you to incorporate and use all updates to the Software available from Geoblogspot group.
c. Limitations on Warranties. The express warranty set forth in this Article 6 is the only warranty given by Geoblogspot group with respect to the Software and Documentation furnished hereunder and any service supplied from time to time; Geoblogspot group and its licensors, to the maximum extent permitted by applicable law, make no other warranties, express, implied or arising by custom or trade usage, and specifically disclaim the warranties of merchantability and fitness for a particular purpose. In no event may you bring any claim, action or proceeding arising out of the warranty set forth in this Article 6 more than one year after the date on which the breach of warranty occurred.
d. Limitations on Liability. You recognize that the price paid for the license rights herein may be substantially disproportionate to the value of the products to be designed in conjunction with the Software. For the express purpose of limiting the liability of Geoblogspot group and its licensors to an extent which is reasonably proportionate to the commercial value of this transaction, you agree to the following limitations on Geoblogspot group and its licensors' liability. Except as required under local law, the liability of Geoblogspot group and its licensors, whether in contract, tort (including negligence) or otherwise, arising out of or in connection with the Software or Documentation furnished hereunder and any service supplied from time to time shall not exceed the license fee you paid for the Software or any fee you paid for the service. In no event shall Geoblogspot group or its licensors be liable for special, indirect, incidental, punitive or consequential damages (including without limitation damages resulting from loss of use, loss of data, loss of profits, loss of goodwill or loss of business) arising out of or in connection with the use of or inability to use the Software or Documentation furnished hereunder and any service supplied from time to time, even if Geoblogspot group or its licensors have been advised of the possibility of such damages. However, certain of the above limitations may not apply in some jurisdictions.
7. Shutdown Feature. You acknowledge and agree that the Software contains an automatic shutdown feature (the "Shutdown Feature") which if activated will render the Software inoperable unless an access code that overrides the Shutdown Feature ("Registration Code") is entered. To obtain your Registration Code you must register with Geoblogspot group.Upon receipt of the registration information, Geoblogspot group will issue you a Registration Code.
You further agree that this Agreement is the complete and exclusive statement of your agreement with Geoblogspot group relating to the Software and supersedes any other agreement, oral or written, or any other communications between you and Geoblogspot group relating to the Software; provided, however, that this Agreement shall not supersede the terms of any signed agreement between you and Geoblogspot group relating to the Software.