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software licence

memory-map

EULA Software License

The small print

 

MAP DATA END USER LICENSE AGREEMENT

IMPORTANT:
This product contains Map/Chart Data (Data) sourced from agencies who own copyright and intellectual property on the Data therein “the Data Suppliers”. Use of the Data is governed by the End User License Agreement detailed below.

END USER LICENSE AGREEMENT:
By opening the box containing the DVD(s) and/or installing the data, you agree be bound by the terms of this End User License Agreement (“EULA”) which will govern your use of the Data.

YOU ARE PERMITTED:
a) to load the Data into and use it on not more than two Computers and two Mobile Devices which are under your control (i.e. One home/office computer and one laptop or onboard computer);
b) to print a reasonable number of copies of the Data only for your own personal non-commercial and domestic purposes (or internally within your organisation).

YOU ARE NOT PERMITTED:
a) to print or display the data in any way for public use, for profit or financial gain.
b) to load the Data on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution (such use requires a separate license).
c) except as expressly permitted by this EULA and save to the extent and in the circumstances expressly required to be permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, transfer, reverse engineer, decompile, disassemble, or create derivative works based on the whole or any part of the Data or use, reproduce or deal in the Data or any part thereof in any way.

USER’S OBLIGATIONS
To use the Data in a manner consistent with safe and prudent navigation practices. The user shall always provide alternative means of navigation, and shall not rely on the Data in any role that is critical to the safety of life or property.

TERM:
This EULA is effective until you terminate it by destroying the Data and its documentation together with all copies. It will also terminate if you fail to abide by its terms. Upon termination you agree to destroy all copies of the documentation and Data and delete it from the hard disk of any computer under your control.

WARRANTIES:
This product contains material owned by “the Data Suppliers”. While all reasonable efforts have been made to ensure that the data is as accurate as practicable, the Data Suppliers make no representation and give no warranties that the data is complete, up to date, free from errors, omissions or other inaccuracies. The data is used at your own risk, and in no event will the Data Suppliers be liable to you for any loss or damage of any kind, including lost profits or other consequential loss arising from your use of or inability to use the Data.

GOVERNING LAW:
This agreement shall be governed by the laws of New Zealand, and the courts of New Zealand, shall have non exclusive jurisdiction over it.

 

MEMORY-MAP END USER LICENSE AGREEMENT

This is a legal agreement between you (as an individual or other legal entity) and Memory-Map, Inc. By proceeding with the installation, you indicate your acceptance of this agreement.

1. DEFINITIONS "Memory-Map" refers to Memory-Map Inc, a corporation incorporated in the State of New York. "Software" refers to all computer programs, codes, data (including map data except map data supplied to you by Memory-Map provided originally with a separate user license which then is licensed under the terms of that license.) and documentation that accompany this installation file, and all updates and patches provided by Memory-Map. "User" means the licensee under this agreement. This can be an individual person or other legal entity.

2. GRANT OF LICENSE Memory-Map hereby grants to the User a revocable, non-exclusive, non-transferable, license to use the Software on two computers and two Mobile Devices.

Educational establishments. Where the software and data are to be used for educational purposes only each Memory-Map End User License shall be extended to cover networked use on up to 35 terminals. A further license must be purchased for use on additional terminals so that, by way of example and for the avoidance of doubt, an educational establishment requiring networked use for 100 terminals would require three licenses.

Public libraries. A fully licensed product must be purchased for each individual computer required. Software and Data must be installed individually on each computer as networked use is not permitted. It is not permitted to loan, lend, rent, hire or borrow the Software and Data products, whether free of charge or if a charge is levied. The public is only permitted to use the Software and Data inside the libraries reference section and only for personal non-commercial use.

3. USER'S OBLIGATIONS The User agrees to use the Software in a manner consistent with safe and prudent navigation practices. The user shall always provide alternative means of navigation, and shall not rely on the Software in any role that is critical to the safety of life or property. The User agrees not to use the Software while in control of any moving vehicle. No part of the Software is to be reverse-engineered, decompiled or disassembled. The Software must not be installed on a network that allows more than one user or more than one computer to access the Software except where Memory-Map has granted an Educational License. The user must not disclose any serial numbers, passwords or other security codes to any third party.

4. COPYRIGHT The Software is owned by Memory-Map and is protected by United States copyright laws and international treaty provisions. The Software must not be copied except to the extent necessary to use the software as permitted under section 2 of this agreement. The User may not distribute any part of the software to any third party.

Self scanned maps and charts. The user shall be responsible for ensuring the original publishers copyright approval is obtained before importing or using self-scanned maps and charts.

5. ASSIGNMENT The User may not rent, lease, sell, transfer or assign the User's rights under this agreement to any third party. The User may not permit others to use the software.

6. WARRANTY With respect to the physical diskette and printed documentation enclosed herein, Memory-Map warrants the same to be free from defects in materials and workmanship under normal use for a period of 60 days from date of receipt. Memory-Map's entire liability and your exclusive remedy shall be, provided that you have given Memory-Map written notification within the warranty period of the defects, replacement of the defective diskette or documentation. Except for the express warranty above, the Software, media and documentation are provided on an "as is" basis, without any other warranties or conditions, express or implied, including but not limited to conformity to any representation or description, warranties of merchantability and fitness for a particular purpose, or those arising by law, statute, usage of trade or course of dealing. The entire risk as to the results and performance of the Software is assumed by you.

IN NO EVENT SHALL MEMORY-MAP OR ITS DISTRIBUTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, THE DISKETTE OR THE DOCUMENTATION. (WHETHER SUCH CLAIM IS BASED ON BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), EVEN IF MEMORY-MAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MEMORY-MAP'S ENTIRE LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE, DISKETTE OR DOCUMENTATION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE USER FOR THE SOFTWARE, DISKETTE AND DOCUMENTATION.

7. GOVERNING LAW This agreement is governed by the laws of the state of New York.