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Terms & Conditions
MEMORY-MAP END USER LICENCE
AGREEMENT
This is a legal agreement
between you (as an individual or other legal entity) and Memory-Map,
Inc. By proceeding with the installation, you indicate your acceptance
of this agreement.
1.
DEFINITIONS
"Memory-Map" refers to Memory-Map Inc, a corporation incorporated in
the State of New York. "Software" refers to all computer programs,
codes, data and documentation that accompany this installation file,
and all updates and patches provided by Memory-Map. "User" means the
licensee under this agreement. This can be an individual person or
other legal entity.
2.
GRANT OF LICENSE
Memory-Map hereby grants to the User a revocable, non-exclusive,
non-transferable, license to use one copy of the Software on one
computer and one PDA.
Educational establishments. Where the software and data are to be used
for educational purposes only each Memory-Map End User Licence shall
be extended to cover networked use on up to 35 terminals. A further
licence must be purchased for use on additional terminals so that, by
way of example and for the avoidance of doubt, an educational
establishment requiring networked use for 100 terminals would require
three licenses.
Public libraries: A fully licensed product must be purchased for each
individual computer required. Software and Data must be installed
individually on each computer as networked use is not permitted. It is
not permitted to loan, lend, rent, hire or borrow the Software and
Data products, whether free of charge or if a charge is levied. The
public is only permitted to use the Software and Data inside the
libraries reference section and only for personal non-commercial use.
Printouts of maps are limited to A4 size and are for personal
non-commercial use only.
3.
USER'S OBLIGATIONS
The User agrees to use the Software in a manner consistent with safe
and prudent navigation practices. The user shall always provide
alternative means of navigation, and shall not rely on the Software in
any role that is critical to the safety of life or property. The User
agrees not to use the Software while in control of any moving vehicle.
No part of the Software is to be reverse-engineered, decompiled or
disassembled. The Software must not be installed on a network that
allows more than one user or more than one computer to access the
Software except where Memory-Map has granted an Educational Licence.
The user must not disclose any serial numbers, passwords or other
security codes to any third party.
4.
COPYRIGHT
The Software is owned by Memory-Map and is protected by United States
copyright laws and international treaty provisions. The Software must
not be copied except to the extent necessary to use the software as
permitted under section 2 of this agreement. The User may not
distribute any part of the software to any third party.
Self scanned maps and charts. The user shall be responsible for
ensuring the original publishers copyright approval is obtained before
importing or using self-scanned maps and charts.
5.
ASSIGNMENT
The User may not rent, lease, sell, transfer or assign the User's
rights under this agreement to any third party. The User may not
permit others to use the software.
6.
WARRANTY
With respect to the physical diskette and printed documentation
enclosed herein, Memory-Map warrants the same to be free from defects
in materials and workmanship under normal use for a period of 60 days
from date of receipt. Memory-Map's entire liability and your exclusive
remedy shall be, provided that you have given Memory-Map written
notification within the warranty period of the defects, replacement of
the defective diskette or documentation. Except for the express
warranty above, the Software, media and documentation are provided on
an "as is" basis, without any other warranties or conditions, express
or implied, including but not limited to conformity to any
representation or description, warranties of merchantability and
fitness for a particular purpose, or those arising by law, statute,
usage of trade or course of dealing. The entire risk as to the results
and performance of the Software is assumed by you.
IN NO EVENT SHALL MEMORY-MAP OR ITS DISTRIBUTORS BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION
OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE
THE SOFTWARE, THE DISKETTE OR THE DOCUMENTATION. (WHETHER SUCH CLAIM
IS BASED ON BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), EVEN IF MEMORY-MAP HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
MEMORY-MAP'S ENTIRE LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH
RESPECT TO THE SOFTWARE, DISKETTE OR DOCUMENTATION SHALL BE LIMITED TO
THE AMOUNT ACTUALLY PAID BY THE USER FOR THE SOFTWARE, DISKETTE AND
DOCUMENTATION.
7.
GOVERNING LAW
This agreement is governed by the laws of the state of New York.
End User License Agreement:
The copyright in the charts and other information on the enclosed CD
("Data") is owned by New Zealand Defence Force (“NZDF”) or its
licensors. Charts are reproduced from official Land Information New
Zealand (“LINZ”) data under licence. By opening the box containing the
CD you agree with NZDF to be bound by the terms of this End User
License Agreement (“EULA”) which will govern your use of the Data. The
Data may be used only with the accompanying application software
("Software").
YOU ARE PERMITTED:
a) to load the Data into and use it on a single computer and a single
PDA which is under your control;
b) to transfer the software from one computer to another provided it
is used on only one computer at any one time;
c) to make 1 copy of the Data for back-up purposes only in support of
the permitted use.
d) to make a reasonable number of copies of the Data using a print
facility for your own personal and domestic purposes only.
YOU ARE NOT PERMITTED:
a) to print out the Data otherwise than for your own personal or
domestic purposes.
b) to load the Data on to a network server for the purposes of
distribution to one or more other computer(s) on that network or to
effect such distribution (such use requires a separate licence).
c) except as expressly permitted by this EULA and save to the extent
and in the circumstances expressly required to be permitted by law, to
rent, lease, sub-license, loan, copy, modify, adapt, merge, translate,
transfer, reverse engineer, decompile, disassemble, or create
derivative works based on the whole or any part of the Data or use,
reproduce or deal in the Data or any part thereof in any way.
WARRANTIES:
Whilst NZDF endeavours to keep its charts complete, accurate and
up-to-date, all such data is supplied by NZDF on an "as is" basis and
NZDF makes no warranty, and has no responsibility to you to ensure,
that the Data is complete and/or accurate and/or up-to-date. NZDF does
not warrant that the Data will meet your requirements. You shall load
and use the Data at your own risk and in no event will NZDF be liable
to you for any loss or damage of any kind including lost profits or
other consequential loss arising from your use of or inability to use
the Data or from errors or deficiencies in the Data whether caused by
negligence or otherwise except as expressly provided herein. In no
event shall NZDF's liability exceed the amount paid by you for the CD.
TERM:
This EULA is effective until you terminate it by destroying the Data
its documentation and the Data together with all copies. It will also
terminate if you fail to abide by its terms. Upon termination you
agree to destroy all copies of the documentation and the Data, on the
hard disk of any computer under your control.
GOVERNING LAW:
This agreement shall be governed by the laws of New Zealand and the
courts of New Zealand shall have non‑exclusive jurisdiction over it.
Important - read
carefully
The End-User License
Agreement ("EULA") is a legal agreement between you (either an
individual or a single entity) and Memory-Map Inc for the Mapping
data, which includes associated media, printed materials, and "online"
or electronic documentation ("THE DATA"). THE DATA is licensed by
Memory-Map Inc to you for use only on the terms set out below. Please
read this EULA carefully. By using THE DATA or making and using copies
of THE DATA, you agree to be bound by the terms of this EULA. If you
do not agree to the terms of this EULA, you may not use THE DATA.
Grant of license
1 Memory-Map Inc
grants to you the non-exclusive, personal and non-transferable right
to use one copy of THE DATA for private, domestic and non-commercial
purposes only. Obligations on "you" in this EULA include obligations
on you not to permit others to engage in activity that would breach
this EULA if you engaged in that activity. You are permitted
to make one copy of THE DATA solely for backup purposes provided you
reproduce and include the copyright notice found on the original on
that backup copy.
Terralink and other suppliers
2 You acknowledge
and agree that:
a THE DATA is sourced from Terralink International Limited ("Terralink");
and
b The terms of this EULA apply for the benefit of and may be
enforced by Terralink for the purposes of the Contracts (Privity) Act
1982.
3 Terralink sources
some of THE DATA from Land Information New Zealand ("LINZ"). You
acknowledge and agree that:
a Clauses 15, 16, 18, and 19 (with all references to Terralink
deemed to be replaced
with references to LINZ); and
b Clause 20, apply for the benefit of and may be enforced by LINZ
in relation to THE DATA sourced by Terralink from LINZ for the
purposes of the Contracts (Privity) Act 1982. For the avoidance of
doubt, this clause shall not in any way limit Terralink’s right to
enforce any of the provisions of this EULA in relation to THE DATA
sourced by Terralink from LINZ.
4 Terralink may at
any time require you to amend or delete any of THE DATA that is
sourced from LINZ and you must provide satisfactory evidence to
Terralink that THE DATA has been amended or deleted as required by
Terralink.
5 All rights, title,
interest and intellectual property rights (including copyright) in and
to THE DATA (including, but not limited to, any images, photographs,
maps, animations, video, audio, music, text, and "applets"
incorporated into THE DATA), the accompanying printed materials, and
any copies of THE DATA that you may make are owned by Terralink or its
suppliers.
6 Terralink is not
liable to you or any other person for any modifications, additions or
deletions you make to THE DATA, the impact of any modifications on the
operation of THE DATA, or for any infringement of copyright or other
intellectual property rights arising from any image or other material
you incorporate into THE DATA. You are not permitted to copy and/or
distribute THE DATA, otherwise than in accordance with this EULA, even
if you have modified it as described.
7 You are not
permitted to:
a use THE DATA to engage in computer programming or software
development or to produce run-time or application software;
b modify (except as described above), disassemble, decompile or
reverse engineer THE DATA or any component of it or create derivative
works or adaptations from it;
c distribute, rent or lease THE DATA or any copies or component of
it;
d remove, cover, overlay, obscure, alter or add to any copyright
notice, legends, or terms of use featured in or on THE DATA.
8 You acknowledge
and agree that the provisions of this agreement may be changed from
time to time by Terralink, and such changes will take effect on
notification by Memory-Map Inc.
Copyright
9 THE DATA is
protected by the Copyright Act 1994 (New Zealand) and international
copyright treaties, as well as other intellectual property laws and
treaties. THE DATA is licensed to you, not sold. Accordingly you must
treat THE DATA like any other copyright material.
10 Any copying or
modification of THE DATA beyond that described above is unauthorised
and prohibited.
11 You must promptly
notify Terralink if anyone makes a claim against you that THE DATA
infringes their intellectual property rights
12 TERM
a This licence is effective from the time you load or use THE
DATA.
b You may terminate this EULA at any time by destroying THE DATA
together with all copies in any form.
c This licence will also terminate if you fail to comply with any
term or condition of this EULA or if you become insolvent or bankrupt.
d You agree upon termination to destroy THE DATA together with all
copies in any form.
Transfer and assignment
13
You may not transfer to another person or entity this EULA or
any or all of your rights in relation to THE DATA.
Disclaimer
14 All conditions,
warranties and guarantees, express or implied, by statute, common law,
equity, trade customer usage or otherwise are expressly excluded to
the maximum extent permitted by law.
15 Without limiting
clause 15 you expressly acknowledge that:
a Terralink makes no representations and gives no warranties of
any kind whatsoever in relation to THE DATA. In particular, Terralink
does not warrant that THE DATA (including any maps incorporated in THE
DATA) is free from errors, omissions, or other inaccuracies, or is fit
for any particular purpose. You agree to release Terralink from all
liability (whether in contract, tort (including negligence), equity or
on any other basis) for any errors, omissions or other inaccuracies in
THE DATA.
b Terralink makes no representations and gives no warranties that
THE DATA, as delivered, (whether or not it is combined with your data)
will be capable of being processed on your computer equipment and
software or that your data will be compatible with THE DATA or work
effectively in combination with THE DATA.
c Terralink has no obligations to install or convert THE DATA for
use by you with your computer equipment and software (such
installation and conversion being entirely at your own risk), nor does
Terralink have any obligation for training you or your personnel in
the use of THE DATA.
d Terralink does not give any warranty that THE DATA will be free
from infection, viruses or destructive code. Terralink shall not be
liable (whether in contract, tort (including negligence), equity or
any other basis) for any damage to, or viruses that may infect your
computer equipment or software due to your use, installation or
conversion of THE DATA.
16 The entire risk
as to the quality and performance of THE DATA is with you. If THE DATA
proves defective you assume the entire cost of all necessary support,
repair or correction. This EULA does not limit any rights you may have
under the Consumer Guarantees Act 1993.
Liability and indemnities
17 Terralink shall
not be liable (whether in contract, tort (including negligence),
equity or on any other basis) for any loss, damage, liability, or
expense sustained by you or any other person, directly or indirectly,
from any use whatsoever of THE DATA or otherwise in connection with
this EULA (even if Terralink has been advised of, or has knowledge of,
the possibility of such loss, damage, liability or expense). Such
loss/damage includes, without limitation, damage to property, injury
to persons, loss of profits, business interruption loss, loss of data,
any other loss, damage or expense that arises either as a result of
THE DATA being shown to be wholly or partially incorrect or
unsuitable, or arising from non-delivery or delay in delivery of THE
DATA and loss as a result of any amendment to or deletion of THE DATA
in accordance with clause 5 of this EULA.
18 Without limiting
clause 18, Terralink shall not be liable (whether in contract, tort
(including negligence), equity or on any other basis) for any loss,
damage, liability or expense whatsoever arising from any modification,
amendment or deletion (whether pursuant to clause 5 of this EULA or
otherwise) made to THE DATA or any compilation or derivative work
created from or using THE DATA in each case whether made by you, or by
any other person.
19 In the event that
any exclusion of Terralink’s or LINZ’s liability set out in this EULA
is inapplicable or is held unenforceable, Terralink’s and LINZ’s total
aggregate liability under or in connection with this EULA, or arising
out of any use, reproduction, modification, amendment or deletion of
THE DATA, or creation of compilations or derivative works of or from
THE DATA (by you or by any other person), whether that liability
arises in tort (including negligence), contract, equity or on any
other basis, shall be limited as follows:
a Terralink’s total aggregate liability shall be limited to $500.
b LINZ’s total aggregate liability shall be limited to $1.00.
Governing law
20 The EULA shall be
governed by the laws of New Zealand and the courts of New Zealand
shall have non-exclusive jurisdiction over it.
21 A failure or
neglect by either party to enforce at any time any of the provisions
of this EULA shall not be construed or deemed to be a waiver of that
party’s rights under this EULA.
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Memory-Map New Zealand
PO Box 38-013
Wellington Mail Centre
0900 MEMORY *
sales@memory-map.co.nz
* The 0900 help
line is open 8am-5pm NZ time Monday-Friday (excluding public
holidays). Calls cost $2.50 for the first minute and $0.50 per
minute thereafter excluding GST, so please check with the
bill-payer before calling. |
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