You must agree to these terms the first time you use the MapPack, from the NetLink tab of your DeLorme software.
THE LICENSED SOURCE DATA
The Licensed Source Data. The Licensed Source Data is a compilation of geographic information that is proprietary to DeLorme and its data suppliers and is protected by U.S. and foreign copyright laws.
Grant of Data Use Rights. Subject to compliance with the terms of this Data License and any applicable end user license agreement(s) (except as modified by this License), and payment of all specified license fees, DeLorme grants to Licensee one nontransferable and nonexclusive right to install and use the Licensed Source Data in its delivered format. The Data may be installed on a network (network use) and/or on non-networked end-user workstations (workstation use) such that no more than the number of Licensed Users may make use of the Data at any one time unless and until the appropriate number of additional licenses are purchased from DeLorme. If Licensor has multiple copies of the Data and is counting such copies as licenses for use of the Data over a network, Licensee must archive such copies and not make any other use of them for as long as Licensee is counting them as network copies.
Paper Map Printout Rights. You may reproduce paper copies of any map printouts for personal or household use or, if you are a business or institution, for in-house purposes provided that distribution and use of such printouts and copies of printouts is limited to the location where the Licensed Source Data is installed or limited to use by employees based at that location.
Paper Locator Map Distribution Rights. You may distribute to family and friends, including via fax, paper copies of map printouts depicting locations of personal interest. You may distribute to your colleagues, clients, customers, or prospects, including via fax, paper copies of map printouts depicting the location of your business or institution or the locations of your business or institution-related meetings or events and in flyers or brochures that contain no paid advertising.
Paper Report Distribution Rights. You may reproduce for distribution to colleagues or clients up to one thousand (1,000) paper copies of any map printouts for use in paper reports such as appraisals or environmental studies, provided that no such report includes more than fifty (50) different maps and that the distribution does not constitute a general and unrestricted publication for sale or resale or contain paid advertising.
Periodical Illustrations. You may reproduce paper copies of any map printouts as illustrations to articles in printed paper periodical works, such as magazines, newspapers, and newsletters, provided that the publication is not primarily a collection of maps and provided that proper legend, as described below, accompanies the output. Such articles may also be posted on your Web site. Graphic printers hired by licensee to print DeLorme map images are required to purchase a license.
Special Presentation Rights. You may use paper copies of any map displays and printouts in presentations to live audiences only with prior written permission from DeLorme.
Copy Services. You may use a commercial copy service to reproduce paper copies that are authorized by this Agreement.
Web Site Map Display Rights. You may display on your personal, business, or institutional Web site static map images derived from the System, provided that you include the Legend indicated below and that you provide a link to the DeLorme Web site at www.delorme.com from any page that shows a DeLorme map image. If you subcontract a Web Developer to display map images, said Web Developer must purchase a license.
Use of Exported Data. Export of raster data is permitted subject to the terms of the XMap Export Module License; limitations on use of such Exported Data are described below.
Use of Geo-referenced Data Export Files. You may read and manipulate Exported Data for the purpose of combining digital or paper map images with Licensee's work product to create derivative images to which Licensee has added value substantially greater than the value of the original images alone ("Work Product Images"). With the exception of use by clients as permitted above, anyone using or manipulating Raw Data or Digital Work Product Images derived from DeLorme Licensed Source Data must be licensed by DeLorme for use of that Data.
Use of Work Product Images. You may use Printed and Digital Work Product Images in the course of performing professional services for Licensee's clients. Licensed End Users may make up to twenty (20) copies of any Digital Work Product Image and up to two hundred (200) copies of any Paper Work Product Image and distribute them to Licensee's clients as a component of a report or service, provided that the report or service does not consist predominately of an atlas or collection of maps.
Legend. Any output containing the Data that is provided to a third party must include the following credit and copyright notice: "© 2008 DeLorme (www.delorme.com)"; SAT 10 Satellite Imagery must also contain the additional copyright notice "© 2001 CNES, Licensed by SPOT Image Corp." Licensee may not remove, alter, or conceal any copyright or trademark notices appearing on any output, including Work Product Images, except that when creating a mural map only a single legend with scale need be retained. Work Product Images derived from the Data that are delivered to a third party must, in any event, display a prominent notice that the map images were produced under license from DeLorme and that DeLorme disclaims any warranty as to the accuracy of the map data.
You understand and agree that the trademarks, trade names, service marks, copyrights, and other proprietary rights of DeLorme are, and shall remain, the sole and exclusive property of DeLorme and that you will not hold yourself out as having any ownership rights thereto. You further agree that you will make no use of such rights except as provided in this Agreement.
PROHIBITIONS ON USE
No Commercial Use. You do not have the right to sell, or to reproduce or distribute for sale, any part of the Licensed Source Data or output of the Licensed Source Data alone or in combination with any other text, data, software, or graphic matter.
No Interactive Use. You do not have the right to combine the Licensed Source Data interactively with the operation of other software unless licensed to do so by DeLorme.
No Modifications or Decompilation. Except through use of any DeLorme licensed software, you have no right to modify the Licensed Source Data in any way, incorporate any part or product of it into a compilation, or create any derivative work. You may not reverse engineer, decompile, disassemble, or otherwise access source data or the logical structure and contents of the Licensed Source Data.
No Third Party/Service Bureau Use. . Except as specifically provided in this Agreement, you may not (a) permit any third party to use the Licensed Source Data or transfer, disclose, or otherwise make available the Licensed Source Data to any third party, (b) use the Licensed Source Data in the operation of a service bureau or (c) allow access to the Licensed Source Data through terminals located outside your premises. You agree to secure and protect the Licensed Source Data in a manner consistent with the maintenance of DeLorme's rights therein and to take appropriate action by instruction or agreement with your employees who are permitted access to the Licensed Source Data to satisfy your obligations hereunder.
No Copies. The copying of the Licensed Source Data, any portion of the Source Data, or any of the printed materials accompanying the Licensed Source Data is strictly prohibited.
All rights not specifically granted by this Agreement are reserved by DeLorme.
WARNING, WARRANTIES, DISCLAIMER
Warning. THE LICENSED SOURCE DATA IS SUITABLE AND INTENDED ONLY FOR GENERAL VISUAL REFERENCE USE. IT SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING EXACT MEASUREMENT OF DISTANCE OR DIRECTION, OR FOR PRECISION IN ADDRESS LOCATION OR IN THE DEPICTION OF GEOGRAPHIC FEATURES. ROUTING DIRECTIONS SHOULD BE USED ONLY AS A TRAVEL AID AND MUST ALWAYS BE VISUALLY VERIFIED BY THE USER ON THE GROUND AND EXECUTED WITH DUE REGARD TO TRAFFIC AND ROAD CONDITIONS, ROAD SIGNS AND REGULATIONS. SOME ROADS AND TRAILS DEPICTED IN THE DATA MAY NOT BE OPEN TO USE BY THE PUBLIC; PLEASE OBSERVE ALL LOCAL LAWS REGARDING ACCESS TO NON-PUBLIC AREAS.
Limited Warranty on Media. DeLorme warrants that the media on which the Licensed Source Data is furnished shall, for a period of sixty (60) days from date of receipt (the "Warranty Period"), be free from defects in material and workmanship under normal use. If a defect in the media appears during the Warranty Period, return all materials to DeLorme for replacement, or at DeLorme's option, refund of the license fee.
Disclaimer of Warranty on Licensed Source Data. Neither DeLorme nor its licensors warrants the completeness or accuracy of the Licensed Source Data, or that its use or the download process, will meet your needs or be uninterrupted or error-free. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE DATA IS LICENSED "AS IS" AND DELORME DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No Consequential Damages. IN NO EVENT SHALL DELORME OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES OR PROFITS, EVEN IF DELORME OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Download Limitation. Neither DeLorme nor its service providers make any representations regarding the speed or availability of downloads. DeLorme reserves the right to allocate its capacity to provide downloads in such a way as to optimize system performance. This may mean that you are only able to download a single file at any given time, or that DeLorme may elect to deliver your downloads over the course of several days, or on a schedule to be determined by DeLorme in its discretion, or that DeLorme may reduce bandwidth available for any particular download attempt. If technical problems related solely to the performance of DeLorme's systems or equipment delay or interrupt your download, your only remedy will be replacement of the items affected by such problems.
TERMINATION AND TRANSFER
DeLorme may terminate this Agreement at any time for any reason including, but not limited to, if DeLorme finds that you have violated any of the terms of this Agreement or that you have attempted to exceed the licensed uses in any way. Termination will be effective upon written notice to you. Upon termination of this Agreement you agree to promptly return all copies of the Licensed Source Data, documentation, and other materials furnished to you or made by you, including unauthorized copies. Termination is in addition to and not in lieu of any other remedies available to DeLorme. All provisions relating to property rights shall survive termination. You are not authorized to transfer your rights under this Agreement.
This Agreement contains the complete understanding between the parties and supersedes and replaces any prior or contemporaneous agreement or understanding, whether oral or written, with respect to its subject matter. This Agreement shall be governed by the laws of the State of Maine, applicable to agreements wholly executed and wholly performed in Maine. Any action relating to this Agreement shall be brought in federal or state court in Maine and the parties consent to the personal jurisdiction of either such court. DeLorme reserves the right to update, amend or modify this Agreement from time to time with or without notice, and your continued use of the download service constitutes your agreement to be bound by such updates, amendments or modifications.
U.S. 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 DeLorme 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 © 2008 DeLorme. All rights reserved.