GeoJot+ License Agreement(“Agreement”)
By GeoSpatial Experts, INC.
This license agreement governs GeoJot+(tm) (“Software”). GeoJot+ is a service purchased through a subscription. It includes two components which must be downloaded and installed before they can be used: an app for mobile devices and GeoJot+ Core for use on a PC. This license agreement includes both components of GeoJot+. By opening, installing, and using this software on either a mobile or PC device, 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 GeoJot+. 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.
Each GeoJot+ subscription has a single 8 digit serial number that activates the two components: GeoJot+ app and GeoJot+ Core. A single activation runs on one mobile device at a time and one computer at a time. Organizations can purchase multiple activations for each serial number so that many mobile devices and/or computers can use the same license at the same time. All subscriptions are for 1 year terms. Customers can pay monthly or annually. If an activation expires the software will no longer work.
Once the software is activated it becomes “checked out” on the GeoSpatial Experts server.
The license can be transferred between computers or mobile devices by deactivating the license on one computer and entering the same serial number on another computer then pushing the Activate button.
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.