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- ARGUS TECHNOLOGIES INC. MAPGUIDE Viewer LICENSE AGREEMENT
-
- This Beta Version of the MAPGUIDE Viewer is provided free of
- charge for a period that is limited to thirty (30) days from
- the date you downloaded the Software. After that time you
- will be required to download the then current Beta version
- free of charge, if available, or purchase the then current
- version of MAPGUIDE Viewer.
-
- GRANT.
- Argus Technologies Inc. (hereafter known as "Argus") hereby
- grants you a non-exclusive license to use its accompanying
- software product ("Software") free of charge for a period
- that is limited to thirty (30) days from the date you
- downloaded the Software. This license does not grant you any
- right to any enhancement or update to the Software.
- Enhancements and updates, if available, may be obtained at
- ArgusÆ then current standard pricing, terms, and conditions.
-
- You may:
- * Use the Software on any single computer.
- * Copy the Software for archival or backup purposes,
- provided any copy must contain all of the original
- Software's proprietary notices.
-
- You may not:
- * Use, copy, modify or transfer the Software, or any copy
- in whole or in part, except expressly provided for in this
- license.
- * Allow the Software to be used on more than one computer at
- a time or by more than one person at a time except as
- otherwise expressly provided herein.
- * Rent or lease the Software.
- * Modify or adapt the Software in whole or in part including
- but not limited to translating or creating derivative
- works.
- * Dissemble or reverse compile for the purpose of reverse
- engineering the Software.
-
- TITLE.
- Title, ownership rights, and intellectual property rights in
- and to the Software shall remain in Argus and/or its
- suppliers. The Software is protected under international
- copyright laws. Title, ownership rights, and intellectual
- property rights in and to the content accessed through the
- Software is the property of the applicable content owner and
- may be protected by applicable copyright or other law. This
- License gives you no rights to such content.
-
- BUNDLED SOFTWARE.
- The Software includes the following trademarked software
- package:
- * Map Projection Library V3.5 - Blue Marble Geographics.
- * Crusher! Data Compression Toolkit V3.11 - DC Micro
- Development.
-
- DISCLAIMER OF WARRANTY.
- The Software is provided on an "AS IS" basis, without
- warranty of any kind, including without limitation the
- warranties of merchantability, fitness for a particular
- purpose and non-infringement. The entire risk as to the
- quality and performance of the Software is borne by you.
- Should the Software prove defective you and not Argus assume
- the entire cost of any service and repair. This disclaimer
- of warranty constitutes an essential part of the agreement.
- SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
- WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU
- MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
-
- LIMITATION OF LIABILITY.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
- CONTRACT OR OTHERWISE SHALL ARGUS OR ITS EMPLOYEES,
- SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
- FOR ANY DAMAGES, WHATSOEVER INCLUDING BUT NOT LIMITED TO
- DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
- DAMAGES OF OR THE PECUNIARY LOSS ARISING OUT OF THE USE OF
- OR INABILITY TO USE THE SOFTWARE EVEN IF ARGUS SHALL HAVE
- BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. In
- particular, Argus and its employees, suppliers or resellers
- are not responsible for any costs including, without
- limitation, loss of business profits, business interruption,
- loss of business information, the cost of recovering such
- information, the cost of substitute software or claims by
- third parties. No oral or written information given by
- Argus, its agents or employees shall create a warranty. SOME
- JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
- INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
- EXCLUSION MAY NOT APPLY TO YOU.
-
- TERMINATION.
- This Agreement will terminate automatically without notice
- thirty (30) days after you downloaded the Software. In
- addition, this Agreement will terminate automatically if you
- fail to comply with the limitations described above. On
- termination, you shall immediately discontinue the use of
- the Software and destroy all copies of the Software. All
- disclaimers of warranties and limitation of liability set
- forth in this Agreement shall survive any termination of
- this Agreement.
-
- GOVERNING LAW AND GENERAL PROVISIONS.
- This Agreement shall be governed by the laws of The Province
- of Alberta, Canada. If any part of this Agreement is found
- to be void and unenforceable for any reason, it will not
- affect the validity of the balance of the Agreement, which
- shall remain valid and enforceable according to its terms.
-
- You agree that the Software will not be shipped, downloaded,
- transferred or exported into any country or used in any
- manner prohibited by the United States Export Administration
- Act or any other export laws, restrictions or regulations.
- By downloading or using the Software, you are agreeing to
- the foregoing and you are representing and warranting that
- you are not located in, under the control of, or a national
- or resident of such country.
-
- The Agreement represents the complete agreement concerning
- this license between the parties and supersedes all prior
- agreements and representations between them. It may be
- amended only by a writing executed by both parties..
-
- U.S. GOVERNMENT RESTRICTED RIGHTS.
- Use, duplication or disclosure by the Government is subject
- to restrictions set forth in subparagraphs (a) through (d)
- of the Commercial Computer - Restricted Rights clause at FAR
- 52.227-19 when applicable, or in subparagraph (c) (1) (ii)
- of the Rights in Technical Data and Computer Software clause
- at DRARS 252.227-7013, and in similar clauses in the NASA
- FAR Supplement. Contractor/manufacturer is Argus
- Technologies Inc., 2800, 645 7th Ave SW, Calgary, Alberta,
- T2P 4G8, Canada
-
-