End-User License Agreement:
Effective date: May 1, 2018
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Important – Read Carefully.
Notice to User:
This End User License Agreement (“SAAS - Software As A Service License
Agreement”) is a legal document between you and GeoSpective Technologies™
It is important that you read this document before using the GeoSpective
Technologies™ provided SAAS - Software As A Service (“Software”)
and any accompanying documentation, including without limitation printed
materials, "online'’, or electronic documentation (“Documentation”).
By checking the “I Accept” check box, and/or otherwise using the
SAAS - Software As A Service, you agree to be bound by the terms of this
SAAS - Software As A Service License Agreement, including without limitation,
any warranty disclaimers, limitation of liability, data use and termination
provisions set forth, whether or not you decide to purchase the SAAS -
Software As A Service. You agree that this agreement is enforceable like
any written agreement negotiated and signed by you.
If you do not agree, you are not licensed to use the SAAS - Software
As A Service, and you must destroy any copies of the SAAS - Software As
A Service in your possession or control.
SAAS - SOFTWARE AS A SERVICE LICENSE: |
a. |
License Grant: Upon
your acceptance of this SAAS - Software As A Service License Agreement,
GeoSpective Technologies™ grants you a non-exclusive, non-transferable,
limited license to install on your compatible computer (for applications
that require installation) and/or use SAAS - Software As A Service,
up to the Permitted Number of Users. |
b. |
Concurrent Use: If
you have purchased a “Concurrent-User” version of the SAAS - Software
As A Service, you may install the SAAS - Software As A Service (for
applications that require installation) on any compatible computers,
up to ten (10) times the Permitted Number of users, provided that
only the Permitted Number of users actually use the SAAS - Software
As A Service at the same time. The Permitted Number of concurrent
users shall be delineated at such time as you elect to purchase
the SAAS - Software As A Service. |
c. |
Backup and Archival
Copies: You may make one backup and one archival copy of the SAAS
- Software As A Service (for applications that require installation),
provided your backup and archival copies are not installed or used
on any computer and further provided that all such copies shall
bear the original and unmodified copyright, patent and other intellectual
property markings that appear on or in the SAAS - Software As A
Service. You may not transfer the rights to a backup or archival
copy. |
d. |
Product Activation:
As part of your purchase and registration of the SAAS - Software
As A Service, you may receive either a username and password or
a key code. This will allow you to activate your use of the SAAS
- Software As A Service. You may not re-license, reproduce or distribute
your key code and/or username and password without the express written
permission of GeoSpective Technologies™ to do so, unless otherwise
specified in this SAAS - Software As A Service License Agreement
and/or specifically authorized based upon the number of users and
type of usage license you have purchased.. |
e. |
Title: Title to the SAAS - Software As
A Service, any proprietary database or data accessed by the SAAS -
Software As A Service is not transferred to you. |
f. |
Reverse Engineering:
Except and to the limited extent as may be otherwise specifically
provided by applicable law, you may not reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code, underlying
ideas, underlying user interface techniques or algorithms of the
SAAS - Software As A Service by any means whatsoever, directly or
indirectly, or disclose any of the foregoing, except to the extent
you may be expressly permitted to decompile under applicable law,
if it is essential to do so in order to achieve operability of the
SAAS - Software As A Service with another SAAS - Software As A Service
program, and you have first requested GeoSpective Technologies™
to provide the information necessary to achieve such operability
and GeoSpective Technologies™ has not made such information
available. GeoSpective Technologies™ has the right to impose
reasonable conditions and to request a reasonable fee before providing
such information. Any information supplied by GeoSpective Technologies™
or obtained by you, as permitted hereunder, may only be used by
you for the purpose described herein and may not be disclosed to
any third party or used to create any SAAS - Software As A Service
which is substantially similar to the expression of the SAAS - Software
As A Service. |
g. |
Other Restrictions:
You may not loan, rent, lease, sublicense, distribute or otherwise
transfer all or portion of the SAAS - Software As A Service to third
parties. You may not copy the SAAS - Software As A Service except
as expressly set forth in this SAAS - Software As A Service License
Agreement, and any copies that you are permitted to make pursuant
to this SAAS - Software As A Service License Agreement must contain
the same copyright, patent and other intellectual property markings
that appear on or in the SAAS - Software As A Service. You may not
modify, adapt, or translate the SAAS - Software As A Service. You
may not, directly or indirectly, encumber or suffer to exist any
lien or security interest on the SAAS - Software As A Service; knowingly
take any action that would cause the SAAS - Software As A Service
to be placed in the public domain; or use the SAAS - Software As
A Service in any computer environment not specified in this SAAS
- Software As A Service License Agreement. |
LICENSE RESTRICTIONS: |
a. |
You may not make
or distribute copies of the SAAS - Software As A Service, or electronically
transfer the SAAS - Software As A Service from one computer to another
or over a network unless specifically authorized to do so under
the SAAS - Software As A Service License Agreement. |
b. |
You may not alter,
merge, modify, adapt or translate the SAAS - Software As A Service,
or decompile, reverse engineer, disassemble, or otherwise reduce
the SAAS - Software As A Service to a human-perceivable form. |
c. |
You may not sell, rent, lease, or sublicense
the SAAS - Software As A Service. |
d. |
You may not modify
the SAAS - Software As A Service to create derivative works based
upon the SAAS - Software As A Service. |
e. |
You may not export
the SAAS - Software As A Service into any country prohibited by
the United States Export Administration Act and the regulations
thereunder. |
f. |
In the event you
fail to comply with this SAAS - Software As A Service License Agreement,
GeoSpective Technologies™ may terminate the license and you
must destroy all copies of the SAAS - Software As A Service (with
all other rights of both parties and all other provisions of this
SAAS - Software As A Service License Agreement surviving any such
termination). |
g. |
You shall not use
the SAAS - Software As A Service to develop any SAAS - Software
As A Service or other technology having the same primary function
as the SAAS - Software As A Service, including but not limited to
using the SAAS - Software As A Service in any development or test
procedure that seeks to develop like SAAS - Software As A Service
or other technology, or to determine if such SAAS - Software As
A Service or other technology performs in a similar manner as the
SAAS - Software As A Service. |
OWNERSHIP: |
a. |
The foregoing license
gives you limited license to use the SAAS - Software As A Service.
GeoSpective Technologies™ retain all right, title and interest,
including all copyright and intellectual property rights, in and
to, the SAAS - Software As A Service and all copies thereof. All
rights not specifically granted in this SAAS - Software As A Service
License Agreement, including Federal and International Copyrights,
are reserved by GeoSpective Technologies™ |
INTELLECTUAL PROPERTY RIGHTS: |
a. |
You acknowledge
that the SAAS - Software As A Service and any copies that you are
authorized by GeoSpective Technologies™ to make are the intellectual
property of and owned by GeoSpective Technologies™. The structure,
organization and code of the SAAS - Software As A Service are the
valuable trade secrets and confidential information of GeoSpective
Technologies™ . The SAAS - Software As A Service is protected
by copyright, including without limitation by United States Copyright
Law, international treaty provisions and applicable laws in the
country in which it is being used. You acknowledge that GeoSpective
Technologies™ retains the ownership of all patents, copyrights,
trade secrets, trademarks and other intellectual property rights
pertaining to the SAAS - Software As A Service and all accompanying
printed materials. You will take no actions that adversely affect
GeoSpective Technologies™ intellectual property rights in
the SAAS - Software As A Service. Trademarks shall be used in accordance
with accepted trademark practice, including identification of trademark
owners’ names. Trademarks may only be used to identify printed output
produced by the SAAS - Software As A Service, and such use of any
trademark does not give you any right of ownership in that trademark.
This SAAS - Software As A Service License Agreement does not grant
you any intellectual property rights in the SAAS - Software As A
Service. |
WARRANTY DISCLAIMER: |
a. |
GeoSpective Technologies™
does not and cannot warrant the performance or results you may obtain
by using the SAAS - Software As A Service. GeoSpective Technologies™
make no warranties, conditions, representations or terms, express
or implied, whether by statute, common law, custom, usage or otherwise
as to this SAAS - Software As A Service and its usage. To the maximum
extent permitted by applicable law, GeoSpective Technologies™
disclaim all other warranties and conditions, either express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, satisfactory quality, informational
content or accuracy, quiet enjoyment, title and non-infringement,
with regard to the SAAS - Software As A Service, and the provision
of or failure to provide support services. |
LIMITATION OF LIABILITY: |
a. |
To the maximum extent
permitted by applicable law even if a remedy fails its essential
purpose, in no event shall GeoSpective Technologies™ be liable
for any special, incidental, direct, indirect or consequential damages
whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or
any other pecuniary loss) arising out of the use of or inability
to use the SAAS - Software As A Service or the provision of or failure
to provide support services, even if GeoSpective Technologies™
has been advised of the possibility of such damages. In any case,
GeoSpective Technologies™ liability under any provision of
this SAAS - Software As A Service License Agreement shall be limited
to the amount actually paid by your for the SAAS - Software As A
Service License. |
SAAS - SOFTWARE AS A SERVICE AND DATA DISCLAIMER: |
a. |
GeoSpective Technologies™
shall not be liable to you or any third party for any indirect,
special, incidental, punitive, cover or consequential damages (including,
but not limited to, damages for the inability to use equipment,
SAAS - Software As A Service, and/or access data, loss of business,
loss of profits, business interruption or the like), arising out
of the use of, or inability to use, the SAAS - Software As A Service
and/or the data accessible through said SAAS - Software As A Service. |
b. |
This SAAS - Software
As A Service may use and/or access geographic, statistical, demographic,
socio-economic, political, territorial, and/or other aggregate data
during its use, which may include third-party data, purchased and/or
exclusively licensed data, proprietary data of GeoSpective Technologies™,
and/or data acquired and/or purchased from various educational,
governmental, and/or other related data providers and/or resources.
This Data may, or may not, be deemed reasonably reliable, consequently,
GeoSpective Technologies™ assumes no responsibilities nor
accepts any liabilities for data used by this SAAS - Software As
A Service, nor implies any warranties associated with the data accessed
by this SAAS - Software As A Service, nor implies any guarantee
of suitability for a specific task or purpose unless otherwise specifically
referenced in the SAAS - Software As A Service License Agreement. |
LICENSED USER DATA OWNERSHIP: |
a. |
This SAAS - Software
As A Service may allow you to create, update, modify, and store
your unique User Data in a proprietary database that is part of
this SAAS - Software As A Service. Your license entitles you to
access this data from this proprietary database while your license
is in good standing. Under no circumstances, express or implied,
does your license transfer or entitle you to ownership of SAAS -
Software As A Service’s proprietary database. All references to
intellectual property rights, ownership, and reverse engineering
apply equally to any proprietary database and/or data storage component
that is part of this SAAS - Software As A Service |
b. |
Upon termination
of your SAAS - Software As A Service License, you may submit a written
request to GeoSpective Technologies™ requesting an extract
of your User Data out of the SAAS - Software As A Service’s proprietary
database, and into a common format, such as delimited text format
for tabular data, or JPG or TIF for bitmap data. GeoSpective Technologies™,
at its option, may charge you a standard and reasonable rate for
time associated with creation of a customized data extract and/or
the programming time associated with performing the extract and
storing it on appropriate media, such as a CD-ROM, USB Storage Device. |
TERM AND TERMINATION: |
This SAAS - Software As A Service License Agreement
may be terminated by (a) your giving GeoSpective Technologies™
written notice of termination thirty (30) days prior to the expiration
of any license; or (b) by GeoSpective Technologies™, at its
option, giving you written notice of termination if you commit a
breach of this SAAS - Software As A Service License Agreement and
fail to cure such breach within ten (10) days after notice from
GeoSpective Technologies™. Upon any termination of this SAAS
- Software As A Service License Agreement, you must cease all use
of the SAAS - Software As A Service, destroy all copies then in
your possession or control and take such other actions as GeoSpective
Technologies™ may reasonably request to ensure that no copies
of the SAAS - Software As A Service remain in your possession or
control. |
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