PLEASE READ THIS SOFTWARE LICENSE AGREEMENT “LICENSE” CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
1. Reservation of Ownership and Grant of License. The software accompanying this License, whether on disk, on compact disc, in read only memory, printed form, or any other media, the related documentation and other materials (collectively, the “GPSy Software”) are licensed, not sold, to you by Global Mapping Systems and Karen Nakamura (“Global Mapping Systems”). Global Mapping Systems and its third party licensor(s) retain exclusive rights, title, and ownership of the copy of the GPSy Software and, hereby, grants to Licensee a personal, nonexclusive, nontransferable license to use the GPSy Software based on the terms and conditions of this agreement. The GPSy Software in this package and any copies, modifications and distributions which this License authorizes you to make are subject to this license.
2. Permitted Uses and Restrictions. This License allows you to use the number of copies of the GPSy Software for which license fees have been paid on the computer system(s) and/or specific computer network(s) for the Licensee’s own internal use. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the GPSy Software in whole or part or transmit the Software over a network or from one computer to another. Your rights under this License will terminate automatically without notice from Global Mapping Systems if you fail to comply with any term(s) of this License.
3. Term. The license granted by this Agreement shall commence upon Licensee’s receipt of the GPSy Software and shall continue upon such time that 1) Licensee elects to discontinue use of the GPSy Software and terminates this Agreement or 2) Global Mapping Systems terminates for Licensee’s material breech of this Agreement. Upon termination of this Agreement in either instance, Licensee shall return to Global Mapping Systems the GPSy Software and any whole or partial copies, codes, modifications, and merged portions in any form. The parties hereby agree that all provisions, which operate to protect the rights of Global Mapping Systems, shall remain in force should breach occur.
4. Limitation of Liability: Global Mapping System's entire liability and Licensee's exclusive remedy shall be the return of the license fee paid for the GPSy Software. Global Mapping Systems shall not be liable for indirect, special, incidental, or consequential damages related to Licensee's use of the GPSy Software, even if Global Mapping Systems is advised of the possibility of such damage.
5. Governing Law: This agreement is governed by the laws of the United States of America and the State of Connecticut without reference to conflict of laws principles.
6. Entire Agreement: The parties agree that this constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto and is effective, valid, and binding upon the parties.
Liability Disclaimer
GPSy is a not a professional navigational aid and should not be used as a primary means of navigation or in any situations where damage to life or property is possible. Please be very careful in using this product since IN NO EVENT SHALL SOFTWARE AUTHOR BE LIABLE TO USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE AND LOSS OF PROFITS, OR LOSS OF LIFE OR PROPERTY, EVEN IF AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The maximum liability accepted will be the refund of the purchase price of this software. Your use of GPSy, GPSy Pro, or GPSyLink signifies your agreement with these conditions. If you do not agree to these conditions or if these limitations to liability are illegal in your jurisdiction, you must not use the software and must return it for a full refund.
In other words, use common sense: don’t use GPSy for mission , life-critical, or plain stupid purposes (e.g., flying at night with only a GPS unit and GPSy to guide you; delivering pizzas in a bad neighborhood; driving while looking at a laptop; using it for IFR flights; climbing K2; walking into trees) unless you are willing to acknowledge that it may produce miscalculations with unforeseen or grave results or may cause you to navigate in a potentially dangerous fashion. Common sense dictates that you should have sole responsibility for your own actions, so please please be responsible.
Good navigators never rely on only one source of navigational information and always look where they are going (don’t crash that car into a tree looking at your laptop!). The author has seen handheld GPS units give erroneous positional information that was more than 200 miles off course. Please be very careful and please don’t sue us. I hate disclaimers, don’t you? It’s sad that we need them.
