ObliqueMapper™ Single-User License
ObliqueMapper is owned by Gaiamatics Solutions, Inc. and is protected by Canada copyright laws and international treaties.
1. LICENSE DEFINITIONS.
"Gaiamatics" means Gaiamatics Solutions Inc. "Software" means the executables, license key codes, documentation and other materials constituting and pertaining to the ObliqueMapper product. Any updates to such Software which you are entitled to receive and have been provided to you by Gaiamatics shall also mean Software for the purposes of this Agreement.
2. GRANT OF SINGLE-USER LICENSE.
Subject to all of the terms and conditions in this Agreement, Gaiamatics grants to you, one user (the "Licensee"), the non-exclusive, non-assignable copyright license to use the Software. Gaiamatics reserves all rights not expressly granted to you.
3. REGISTRATION and LICENSE KEYS.
Upon installation, the Software will operate under an Evaluation License Key (restrictions apply, as set forth below). You must purchase and register the Software with Gaiamatics (to register, submit your User Code found in the Evaluation dialog to the contact listed at the end of this Agreement) to obtain a Single-User License Key.
4. LICENSE RESTRICTIONS.
You, the Licensee, are not authorized and agree not to: (i) modify, adapt, translate, or create derivative works based upon, in whole or in part, the Software; (ii) reverse engineer, decompile, or disassemble the Software; (iii) sublicense, publish, rent, lease, loan, or resell the Software without prior written permission from Gaiamatics; (iv) use or copy the Software, except as provided in this agreement. Further, the scope and duration of your license is restricted as follows:
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i) EVALUATION LICENSE.
An Evaluation License is subject to all terms set forth in this Agreement, and is to be used for evaluation purposes only, as follows: (i) You are permitted to use the Software with your application(s) only for the purpose of determining whether the Software meets your requirements, and (ii) You and your organization are not permitted to use any data generated by the Software for any purpose other than to determine whether the Software meets your requirements. (iii) You and your organization are permitted to use only the sample data included with the Software or provided by Gaiamatics.
ii) SINGLE-USER LICENSE.A Single-User License is subject to all terms of this agreement, with the exception of the evaluation restrictions in the paragraph above. With a valid Single-User License you, one user, may install and use the Software on a single computer workstation. If you later want to install the Software on a different workstation, you must first remove the Single-User License Key from the previous installation, then register on the new workstation (as described above); or purchase additional licenses.
iii) TEMPORARY SINGLE-USER LICENSE.A Temporary Evaluation License Key is subject to all terms of this agreement, with exception of the evaluation restrictions in paragraph i) above. A Temporary Single-User License expires on a specified date. You must not attempt to circumvent the expiration date. Upon expiration, a license must be purchased or the Software must be uninstalled.
5. PRODUCTION and DISTRIBUTION of SINGLE-USER LICENSE KEY and SOFTWARE.
Only Gaiamatics is permitted to produce and distribute the Software, including Single-User License Keys (including Temporary). To use any copy of the Software, you must first register with Gaiamatics, and obtain a license key from Gaiamatics, designated specifically for you (as described above). Use of a Software license key produced by any source other than Gaiamatics is a violation of this agreement. License key transfer is not allowed, except with the express permission of Gaiamatics. Production and distribution of the Software is authorized solely by Gaiamatics. Each copy of the Software must be a true and complete copy of the entire installation file, and include the Gaiamatics copyright notice and trademarks.
6. OWNERSHIP OF SOFTWARE.
Gaiamatics retains the copyright, title, and ownership of the Software and the written materials regardless of the form or media in or on which the original and other copies may exist. Gaiamatics retains all intellectual property rights, including and without limitation, trade secret, patent, trademark, and copyright, in the Software.
7. DISCLAIMER OF WARRANTY.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR USE IS OFFERED.
8. LIMITATION OF LIABILITY.
ANY LIABILITY OF GAIAMATICS WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF THE PURCHASE PRICE. GAIAMATICS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF GAIAMATICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. GENERAL.
In the event that any provision in this agreement is held by a court of competent jurisdiction to be contrary to law, the validity of the remaining provisions shall remain in effect. Any attempt to sublicense, assign, or transfer the rights, duties, or obligations hereunder is void. This Agreement shall be governed by the laws of the Province of Nova Scotia, Canada.
10. TERM.
This license is effective until terminated. This License will terminate automatically without notice from Gaiamatics if you fail to comply with any provision of this License. Upon termination, you shall destroy all the written materials and all copies of the Software, including modified copies, if any.
Please keep this license agreement for your records. Should you have any questions concerning this Agreement, or if you wish to contact Gaiamatics for any reason, please email info@gaiamatics.com or write to:
Gaiamatics Solutions, Inc.
P.O. Box 160,
Lawrencetown, NS,
B0S 1M0,
Canada.