End-User Licence Agreement for MapMate
IMPORTANT-READ CAREFULLY: This MapMate Limited ("MapMate Ltd") End-User Licence Agreement is a legal agreement between you (either an individual or a single entity) and MapMate Ltd for the MapMate Software Product, which includes computer software and associated media, printed materials, electronic resources used by the software and electronic documentation ("Software Product").
The Software Product also includes any updates and supplements to the original Software Product provided to you by MapMate Ltd. Any software or other electronic resources provided with the Software Product that are associated with a separate End-User Licence agreement is Licenced to you under the terms of that Licence agreement. By installing, copying, downloading, accessing or otherwise using the Software Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software Product; you may, however, return it to MapMate Ltd for a full refund provided it is an un-used sate in its original packaging, or, if downloadable, you have not downloaded it.
SOFTWARE PRODUCT LICENCE.
This Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is Licenced, not sold.
1. GRANT OF LICENCE. This Agreement grants you the following limited, non-exclusive rights:
1.1. Software Product. You may install and use the Software Product on a single computer.
1.2. Backup Copies. You may make an unlimited number of copies of the Software Product for backup purposes.
1.3. Group Licences. If you have purchased a Group Licence then you may install and use additional copies up to the number of copies specified in your Licence.
2. COPYRIGHT AND TITLE.
All title and intellectual property rights in and to the Software Product (including but not limited to any images, text, and resources incorporated into the Software Product), the accompanying printed materials and any copies of the Software Product are owned by MapMate Ltd. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content. All rights not expressly granted are reserved by MapMate Ltd.
3.1. Unique Identification. All End-Users must be uniquely identified by their Centre Unique Key ("CUK"). CUK's are allocated at the point of sale by MapMate Ltd. Each installation on a single computer must have a unique CUK. This is essential to create a globally shared database where individual End-Users have edit control over their own records.
3.2. Data and Ownership of Data. Any information the End-User enters into the Software Product, including but not limited to Records, Sites, Recorders and References is defined here as "Data".
3.3. Responsibility for Data. As supplied, the Software Product has no Data and MapMate Ltd have no responsibly for the Data entered by End-Users.
3.4. Particular Limitations. This Software Product contains map resources provided under special Licence to End-Users. If you Publish any Map created using the Software Product which utilises the Digital Vector GB County Map Features in any way whatsoever then you must add a note to accompany the published Map stating:
Map produced by MapMate® using Digital Map Data © Bartholomew 2010.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
4.1. Limitations on Reverse-Engineering, De-compilation, and Disassembly. You may not reverse-engineer, de-compile, or disassemble the Software Product including all electronic resources used by the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4.2. Rental. You may not rent, lease or lend the Software Product.
4.3. Support Services. With respect to technical information you provide to MapMate Ltd as part of the Support Services, MapMate Ltd may use such information for its business purposes, including for product support and development. MapMate Ltd will not utilise such technical information in a form that personally identifies you without your prior written approval to do so.
4.4. Transfer of Rights. You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the Software Product (including all component parts, the media and printed materials, any upgrades, this Agreement, and your Centre Unique Key and Serial Number), and the recipient agrees to the terms of this Agreement. If the Software Product is an upgrade, any transfer must include all prior versions of the Software Product.
4.5. Termination. Without prejudice to any other rights, MapMate Ltd may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software Product and all of its component parts.
4.6. Separation of Components. This Software Product is Licenced as a single product. Its component parts may not be separated for use on more than one computer and its component parts may not be separated for use in other software products.
4.7. Upgrades or Updates. If this Software Product is labelled as an Upgrade or Update or is being used as such then it may only be used as a supplement to an existing Licenced copy of the Software Product.
4.8. Web Based File Transfer. The built in "Web Based File Transfer System" is provided as a service to End-Users of the Software Product under the following terms: There is no guarantee of up-time or future availability of this service and all files are posted or received at the End-User's risk.
4.9. Patches. "Patches" are defined as special files intended for revision to the Software Product and are made available to End-Users from the Software Product Web Site (www.mapmate.co.uk). Patches are issued from time to time and it is the responsibility of the End-User to ensure these are implemented. Patches are the sole source of Taxonomic Name changes, additions and revisions.
5.1. Limited Warranty. MapMate Ltd warrants that (a) the Software Product will perform substantially in accordance with its advertised and intended use for a period of 90 days from the date of purchase; and (b) any Support Services provided by MapMate Ltd shall be substantially as described in applicable written material provided to you by MapMate Ltd and MapMate Support personnel will make commercially reasonable efforts to solve any problem issues.
5.2. Customer Remedies. The End-User remedy shall be, at MapMate Ltd's option, either (a) a refund of the price paid or (b) a replacement of the Software Product that does not meet the Limited Warranty. The Limited Warranty is void if failure of the Software Product has resulted from accident, abuse or misapplication.
5.3. No Other Warranties. MapMate Ltd does not make any other warranties or promises about the Software Product or Support Services.
5.4. Limitation of Liability. MapMate Ltd's liability shall not in any event include losses related to your business, such as lost data or business interruption. To the extent that you could have avoided damages by taking reasonable care, including by backing up your software and other files, MapMate Ltd will not be liable for such damages.
5.5. General Terms. The Software Product is designed and offered as a general-purpose product, not for any End-User's particular purpose. You accept that no Software Product is error-free.
5.6. Statutory Rights. Your Statutory Rights are not affected.
THIS SOFTWARE LICENCE AGREEMENT IS GOVERNED BY THE LAWS OF ENGLAND, SCOTLAND AND WALES.
If you have any questions concerning this Agreement please contact MapMate Limited in writing at: MapMate Limited, 4 Barnfield Cottages, Netherexe, Exeter, EX5 4DZ or email to: firstname.lastname@example.org.
MapMate Limited. Registered in England and Wales No. 7363203. Registered Office: MapMate Limited, 3 Southernhay West, Exeter, EX1 1JG. MapMate is a registered trademark. Copyright © MaMate Limited 2010. All Rights Reserved.
MapMate Limited. Registered in England and Wales No. 7363203. Copyright © MapMate Limited 2010. All Rights Reserved.