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Corporate - License Agreement for Data CD Orders

Corporate > Terms and Conditions > License Agreement
License Agreement
* For Geographic Data Orders *

THIS AGREEMENT is made by and between the GISDataDepot and GeoCommunity, hereinafter called "Licensor" and the client, hereinafter called "Licensee."
IN CONSIDERATION of the mutual covenants and conditions herein contained, the Licensor and Licensee agree as follows:

1. LICENSE GRANT. The GIS Data Depot License Grant only applies to those products specifically identified as being copyrighted. All other public domain products do not fall under this portion of the License Agreement.

The GISDataDepot and GeoCommunity grants you and you accept a nontransferable, nonexclusive right to use the geographic data (the "Products") solely for internal use by your business or for your own personal use and only as authorized in this Agreement. This License Agreement only applies to those copyrighted products as explicitly identified as such. The Products may be used only on a single computer or on multiple computers in accordance with the number of licenses for which you have paid. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Products, except that you may make and use copies of screen ("bitmap") images provided that these copies are for your personal use only, will not be used for commercial purposes of any sort, and shall include all GISDataDepot and GeoCommunity copyright notices and other markings. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the 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 Products by reverse engineering, disassembly, decompilation or any other means. You shall not use the Products to operate a service bureau or for any other use involving the processing of data of other persons or entities. The Products are copyrighted and may not be copied, except as provided herein, 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 Products.

2. DISCLAIMER/LIMITATION OF LIABILITY. All data, specifically including the geographic data herein are provided "as is" without warranty of any kind, either expressed or implied, or statutory, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose. The user assumes the entire risk as to the quality and performance of the data. No representation or guarantees of accuracy are granted or made, nor is any responsibility for reliance thereon assumed. In no event shall the sponsor of these data sets, the GISDataDepot and GeoCommunity, be liable for direct, indirect, incidental, consequential, or special damages of any kind, including, but not limited to, loss of anticipated profits or benefits arising out of use of or reliance on the data. The sponsor does not accept liability for any damages or misrepresentation caused by inaccuracies in the data or as a result of changes to the data caused by system transfers or other transformations or conversions, nor is there responsibility assumed to maintain the data in any manner or form or for any period of time. These data sets have been obtained from various digital sources of geographic data. Although efforts have been made to ensure that the data are accurate and reliable, errors and omissions are possible and variable conditions originating from physical sources used to develop the database may be reflected in the data supplied. Users must be aware of these conditions and bear sole responsibility for the appropriate use of the information with respect to possible errors, scale, resolution, rectification, positional accuracy, development methodology, time period, environmental and climatic conditions, and other circumstances specific to these data.

The user is solely responsible for understanding the accuracy limitations of the digital data provided herein. The burden for determining fitness for use lies entirely with the user. The user should refer to the accompanying metadata notes for a description of the data and data development procedures. Although these data have been processed successfully on computers at the GISDataDepot and GeoCommunity, no guarantee or representation, expressed or implied, is made by GISDataDepot and GeoCommunity regarding the use of these data on any other system, nor does the act of distribution constitute or imply any such warranty. Distribution of these data is intended for information purposes and should not be considered authoritative for navigational, engineering, legal and other site-specific uses.

2A. SEVERABILITY. This limitation or exclusion of liability and disclaimer of warranties applies without regard to whether any other provision of the Agreement is held by a court of law to be void as against public policy, ineffective or unenforceable.

3. DATA DISTRIBUTION AND PROTECTION OF PROPRIETARY RIGHTS. The GIS Data Depot Data Distribution and Protection of Propritary Rights only applies to those products specifically identified as being copyrighted. All other public domain products do not fall under this portion of the License Agreement.

Digital data received from these copyrighted data sets are to be solely for internal purposes. Secondary distribution of these data is prohibited. Digital data received may not be reproduced or redistributed for use by others without first obtaining written permission from GISDataDepot and/or GeoCommunity. By using data provided herein, the user acknowledges that terms and conditions have been read and that the user is bound by these criteria.

4. ASSIGNMENT. This Agreement may not be assigned by the Licensee without the expressed written consent of the Licensor, in advance; the permitted assignee thereof shall have all the rights and remedies of the original Licensee insofar as the same are assignable. Assignment shall be only as a whole and not as a part, nor as to any part interest therein.

5. INDEMNIFICATION. Licensee agrees to hold the Licensor, the GISDataDepot and GeoCommunity, and all its employees, and agents harmless from any claim, suit, or proceeding arising out of the use of the licensed data in accordance with this Agreement, including indemnification of the Licensor for reasonable expenses incurred in defending such claims.

6. TERMINATION. In the event that the Licensee shall not faithfully perform any and all of the obligations by the Licensee to be performed under this License, the Licensor shall have the right to terminate and cancel this License. Cancellation by the Licensor shall not release the Licensee from its obligation to pay any fees due herein. Licensor shall have the right to terminate this Agreement if: (a) Licensee attempts to assign its rights without the written consent of Licensor; (b) if Licensee delivers or attempts to deliver the licensed data to another agency, corporation, or person without the prior written consent of the Licensor.

7. REMEDIES. In the event of a breach or threatened breach of any of the provisions of this Agreement by the Licensee or any employee, representative or agent of the Licensee, Licensor shall be entitled to preliminary and permanent injunctive relief to enforce the provisions hereof; but nothing shall preclude Licensor from pursuing any action or other remedy, including for damages, for any breach or threatened breach of this Agreement, all of which shall be cumulative. In the event that Licensor prevails in any such action, Licensor shall be entitled to recover from the Licensee all attorney's fees incurred in connection therewith.

8. BINDING. The Licensee acknowledges that this Agreement has been read and agrees to be bound by its terms, and further agrees that it is the complete and exclusive statement of the agreement between the parties and supersedes any oral or written communications or representations relating hereto. Persons whose signatures appear as or for Licensee on the reverse represent that they are authorized to do so and represent and warrant that this Licensing Agreement is a legal, valid and binding obligation as to Licensee and is enforceable in accordance with its terms.

9. TERM. This Agreement is effective upon your use of the Products and shall continue until terminated in accordance with this Section. You may terminate this Agreement by deleting the Products and documentation from your computer and destroying same in your possession. Notwithstanding any other provision herein, GISDataDepot and GeoCommunity may immediately terminate this Agreement upon breach by you in which case your use of the Products shall cease.

10. U.S. GOVERNMENT RESTRICTED/LIMITED RIGHTS LEGEND. Use, duplication, and disclosure by the U.S. Government are subject to restrictions as set forth in FAR 52.227-14 Alternate III (g)(3) (JUN 1987), FAR 52.227-19 (JUN 1987) and/or FAR 12.211/12.212 [Commercial Technical Data/Computer Software], DFARS 252.227-7015 (NOV 1995) [Technical Data], and/or DFARS 227.7202 [Computer Software], as applicable. Contractor/Manufacturer is GeoComm International Corporation.

11. ADDITIONAL PROVISIONS. This Agreement shall be governed by the laws of the State of Florida and the parties hereby submit to the jurisdiction of the courts of the State of Florida. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof. This Agreement shall not be modified except in writing signed by the parties. Waiver of any breach of the terms and conditions in this Agreement shall not be deemed to constitute a waiver of any other or future breach. GISDataDepot and GeoCommunity is a registered trademark of GeoComm International Corporation. The registered domain names of www.geocomm.com, @geocomm.com, www.gisdatadepot.com, @gisdatadepot.com, as well as the textual wording "GeoCommunity" are service marks of GeoComm International Corporation. The names of other companies and products mentioned herein are trademarks or registered trademarks of their respective trademark owners.



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