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Conditions of Use and License Agreement

GPS-Photo Link by GeoSpatial Experts, Inc.   License Agreement ("Agreement")

This license agreement governs GPS-Photo Link(tm) ("Software"). By opening, installing, and using this software, you enter into the terms of this binding contract between you ("you" or "User") and GeoSpatial Experts, Inc. If you do not agree with the terms of this license, do not install GPS-Photo Link. Installation of the Software constitutes acceptance of the terms of this License Agreement.

Grant of License: Subject to the terms and conditions of this Agreement, GeoSpatial Experts, Inc. hereby grants you a limited, nonexclusive license to install and use the object code version of the Software, a copy of which is provided herewith, on the number of computers specified by the type of license you purchase. A single stand-alone license (GSE-475, GSE-475-L and GSE-475-U) may be installed on two computers at any given time. A single license may be freely transferred between these two computers as often as the user likes using the process described in the Quick Start guide and Help. A typical use would include installation on a desk top and lap top computer where the user transfers the license depending on whether they are working in the office or in the field.

Multi-User Floating licenses (floating licenses) (GSE-475-M) are granted to the number of computers specified upon purchase. GPS-Photo Link Enterprise Multi-User Floating Licenses are designed to facilitate easy sharing of a single license across multiple users. Floating licenses can automatically activate and deactivate each time a user launches or closes GPS-Photo Link. A license can also be kept activated (checked out) for a specific period of time by clicking the Keep Checked Out button and entering the number of days desired. After that time elapses, the license code will be automatically deactivated (checked in) making it available for another user. Each floating license has a designated number of computers where it can be installed and a number of concurrent uses allowed.

Limitations : The Software is licensed, not sold, to you. You must retain all copyright and related notices of GeoSpatial Experts, Inc.'s ownership and other rights in the Software in the product, labeling and documentation provided. Furthermore, you may not: (a) modify, translate, de-compile, reverse engineer, disassemble or otherwise decode the Software; (b) copy any of the Software other than as reasonably required for your own personal use of the Software in accordance with this Agreement; or (c) sublicense, sell, rent, lend, transfer, post, transmit, distribute or otherwise make the Software available to anyone else, except that you may permanently transfer the Software and accompanying materials provided you retain no copies and the recipient agrees to the terms of this Agreement.

Updates : GeoSpatial Experts, Inc. reserves the right to modify the Software from time to time without obligation to notify you, or any other person or organization of such revision or change.

Limitation of Liability : IN NO EVENT WILL GeoSpatial Experts, INC. BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST OPPORTUNITY OR PROFITS, COST OF COVER OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SOFTWARE, HOWEVER CAUSED ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF GeoSpatial Experts, INC. HAS BEEN ADVISED OR GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE RISK AS TO THE USE OF THE SOFTWARE IS ASSUMED BY THE USER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.

Disclaimer of Warranty: TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL GeoSpatial Experts, INC. SOFTWARE, INCLUDING THE IMAGES AND/OR COMPONENTS, IS PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER GeoSpatial Experts, INC. OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF SUCH SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO COVENANTS, WARRANTIES OR INDEMNITIES OF ANY KIND ARE GRANTED BY GeoSpatial Experts, INC. TO THE USER.

Termination : If you do not accept the terms of this license, you agree to return or destroy all copies of the Software in your possession and control.

Government Rights : If used or acquired by the Government, the Government acknowledges that (a) the Software constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable and (b) the Government's rights are limited to those specifically granted to you pursuant to this License. The contractor/manufacturer is GeoSpatial Experts, Inc., 12000 N Washington St. #385, Thornton CO 80241.

Export Control Obligations : You will not export or re-export any Licensed Software in violation of any law, regulation, order or other governmental requirement (Including, without limitation, the U.S. Export Administration Act, regulations of the Department of Commerce and other export controls of the U.S.). You shall, at your own expense, promptly obtain and arrange for the maintenance of all non-U.S.A. government approvals, if any, and comply with all applicable local laws and regulations as may be necessary for performance under this Agreement.

Software Activation and Registration : In activating this software you confirm that we may use the information that you provide us, or we already hold about you, or which we receive from our payment and software activation processor to record and confirm your identity. Our payment and software activation processor will gather the information that you provide together with other hidden system identifiers relating to your computer and/or the network to which it is connected. Our payment and software activation processor will pass that information to us and maintain a copy itself. The purposes of us gathering this information are for the administration of our software licenses and the prevention, detection and investigation of fraud or the infringement of our intellectual property rights.

 


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