Street Atlas USA® 2009 User Guide
380
use of, or is intended to imply the right to use, any such private property. You
should respect all landowner restrictions. You are solely responsible for complying
with all legal requirements relating to land use and for your own safety and for the
consequences of your actions in your use of the Data.
Limited Warranty on Media. DeLorme warrants that the media on which the
System is furnished shall, for a period of sixty (60) days from date of receipt (the
"Warranty Period"), be free from defects in material and workmanship under normal
use. If a defect in the media appears during the Warranty Period, return all materials
to DeLorme for replacement, or at DeLorme’s option, refund of the license fee.
Disclaimer of Warranty. DeLorme does not warrant the completeness or accuracy
of the System, or that its use will meet your needs or be uninterrupted or error-free.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR THE WARRANTIES SET
FORTH ABOVE, THE SYSTEM IS LICENSED “AS IS” AND DELORME DISCLAIMS ANY
AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
No Consequential Damages. IN NO EVENT SHALL DELORME BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF REVENUES OR PROFITS, EVEN IF DELORME HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION AND TRANSFER
DeLorme may terminate this Agreement at any time for any reason, including, but
not limited to, if DeLorme finds that you have violated any of the terms of this
Agreement or that you have attempted to exceed the licensed uses in any way.
Termination will be effective upon written notice to you. Upon termination of this
Agreement you agree to promptly return all copies of the System, documentation
and other materials furnished to you or made by you, including unauthorized copies.
Termination is in addition to and not in lieu of any other remedies available to
DeLorme. All provisions relating to property rights shall survive termination. You
are not authorized to transfer your rights under this Agreement.
OTHER
This Agreement contains the complete understanding between the parties and
supersedes and replaces any prior or contemporaneous agreement or understanding,
whether oral or written, with respect to its subject matter. This Agreement shall be
governed by the laws of the State of Maine, applicable to agreements wholly
executed and wholly performed in Maine. Any action relating to this Agreement shall
be brought in federal or state court in Maine and the parties consent to the personal
jurisdiction of either such court.
U.S. GOVERNMENT RIGHTS IN COMMERCIAL SOFTWARE
Use, duplication, or disclosure by the Government of all parts of the Licensed Data
except any USGS data is subject to restrictions set forth in the commercial computer
software license agreement under which the software is delivered by DeLorme and
as provided in DFARS 227.7202-1(a) and 227.7202-3(a) or DFARS 227.225-7013
(OCT 1988), as applicable, or FAR 12.212(a), FAR 52.227-14 or FAR 52.227-19, as
applicable.
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