Blue Marble End User License Agreement
Blue Marble Geographics
Application Software License Agreement
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Acceptance
You acknowledge that this agreement is the complete and exclusive agreement between Blue Marble Geographics and you relating to the licensed product and that the agreement supersedes any other agreements, proposals, discussions, purchase order terms and conditions, and other oral or written communications, relating to the licensed product.
License
Blue Marble Geographics grants to you a non-transferable, non-exclusive license to use this Software and documentation in accordance with the terms and conditions of this Agreement. “Software” means the actual copy of all or any portion of Blue Marble Geographics proprietary software technology, demonstration code, source or object code, components or dynamic link libraries, including maintenance updates and published upgrades. All rights in and to the Software, including, but not limited to, copyrights and trade secrets, belong to Blue Marble Geographics, and Blue Marble Geographics holds title to each copy of the software. You must not copy, modify, or transfer the Software, except as expressly provided in this Agreement. You may copy this Software solely for backup and archival purposes, provided that all copyright and other notices are reproduced and included on the backup/archival copy. You agree not to disclose to anyone any confidential or proprietary information contained in this software. The software is delivered in object code only. You shall not reverse compile or otherwise reverse engineer the Software.
“Machine License” allows you to use the Software, restricted to a single computer. A Machine License requires the Software to be installed on the workstation in which it is used.
“Dongle License” is a portable license that may be transferred to any one workstation that is running the Software in “Evaluation Mode”. It may not be used concurrently or simultaneously between two workstations, and is provided via USB key.
“Network License” is a license that allows for concurrent use of the Software by multiple users over computer Network. License to use Software over a Wide Area Network, or via Microsoft Terminal Services may be acquired separately, and may require additional fees. Contact Blue Marble Geographics directly for more information.
“Cloud Hosted License” is a license that allows for concurrent use of the Software by multiple users accessing a cloud server such as Amazon Web Services or Microsoft Azure. License to use Software installed on a server such as this is limited to the uses as defined by “Network License” above and at the discretion of Blue Marble Geographics. These licenses may require additional fees based on bandwidth, time, machine type or other variables, as well as usage. Blue Marble will take all possible steps necessary to provide any relevant information upon purchase. Contact Blue Marble Geographics directly for more information.
“Term License” is a license provided for use over a limited time period on a subscription basis.
“Site License” or “Enterprise License” is a license that allows a user organization to access large numbers of licenses in a variety of manners based on the needs of their organization. These licenses require special price rates and conditions based on organization size or the total number of users required to access the Software. These may include any combination of the afore-mentioned License types indicated above. Blue Marble may issue temporary licenses to enable this process at Blue Marble’s discretion. Contact Blue Marble Geographics directly for more information.
Term
The license is effective until terminated in accordance with this agreement. The license will terminate if you fail to comply with any of the terms and conditions of this Agreement, or if your Term license maintenance has lapsed. You agree to return to Blue Marble Geographics or destroy the Licensed Product upon any termination of the license. All other terms and conditions of this Agreement, including, without limitation, provisions relating to disclaimers of warranties, limitations of liability, remedies or damages, and Blue Marble Geographics’ proprietary rights, shall survive any termination of the license.
Limited Warranty
Blue Marble Geographics does not warrant that the information in this software will be accurate, or that your system will operate without interruption. Blue Marble Geographics does warrant that this software will be free from defects in material and workmanship for thirty (30) days after the date of purchase. Your exclusive remedy and Blue Marble Geographics’ sole responsibility is replacement of the defective software, provided you return it with dated proof of payment within (30) days of your purchase.
EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU.
IN NO EVENT WILL BLUE MARBLE GEOGRAPHICS, ITS DISTRIBUTORS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT DAMAGES IN EXCESS OF AMOUNTS PAID FOR THIS SOFTWARE, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS, OR LOST SAVINGS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED PRODUCT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BLUE MARBLE GEOGRAPHICS HAS BEEN ADVISED OF THE POSSIBILITIES OR LIKELIHOOD OF SAME.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific rights, and you may also have other rights which vary from state to state.
General
In the case of United States Government or an agency thereof as Licensee, the following additional terms apply. Restricted Computer software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and as applicable.
Restricted Rights Legend
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
This Agreement shall be governed by the laws of the State of Maine. You may not assign, transfer, or otherwise convey your rights or duties under this Agreement, and any such assignment, transfer, or conveyance is void and of no force or effect.
Export
Licensee shall not export or re-export Licensed Software, or other information or materials provided by Blue Marble Geographics herein, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. It shall be Licensee’s responsibility to comply with the latest United States export regulations, and Licensee shall defend, indemnify and hold Blue Marble Geographics harmless from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of any claim that Licensed Software or other information or materials provided by Blue Marble Geographics herein were exported or otherwise shipped or transported in violation of applicable laws and regulations.
Usage Tracking
All information collected as part of the usage tracking functionality is gathered for internal Blue Marble Geographics use only. This information is used to enhance the future user experience of the software. This data is never shared with 3rdParty vendors or users. By default this functionality is enabled, and users can opt-out of the program by either selecting an option during installation or disabling the setting in the Help menu of the Global Mapper application.
License Authorization
All license re-authorization requests are subject to the Blue Marble Legacy Version and Authorization Policy which may be viewed at the following URL
https://www.bluemarblegeo.com/software-license-policy/
