Global Mapper Mobile 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. Blue Marble Geographics, and not Google, Inc., is solely responsible for the licensed product and the content thereof.
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 intended for use on Android mobile devices in which the Software may operate. 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 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.
Restrictions
You agree that you will use the Software for non-commercial personal use only. Blue Marble reserves the right to charge a license fee for commercial use of this software or to terminate the license or support of this Software at any time without notice. Commercial use is using the Software in any commercial endeavor of any kind including but not limited to education, business, governmental, military or enterprise use of any kind, or any activity for which you or any entity for which or with which you are engaged or act as agent receive(s) or may receive compensation of any kind either directly or indirectly from the use of the Software. If Blue Marble determines a commercial use license is required, you must purchase a separate license from Blue Marble Geographics which you may do by contacting sales@bluemarblegeo.com.
“Machine License” also known as Single User License, allows use of the Software, restricted to a single device. A Machine License requires the Software to be installed on the device in which it is used. A license for the Software may not be shared by alternating use of the Software between different devices and users.
“Site License” or “Enterprise License” is a license that allows a user organization to access a large number of software instances in a variety of manners based on the needs of their organization. This license comes with special pricing and conditions based on this enhanced software access. It may include a combination of Network, Machine Locked, Dongle or Term licenses and the agreement may require custom pricing and carry a limited term.
Maintenance and Support for this license will be provided by Blue Marble Geographics and not by Google, Inc. Blue Marble may charge a fee for these services which will be disclosed prior to providing said service. You acknowledge, as does Blue Marble, that Google, Inc. has no obligation whatsoever to furnish maintenance and support services with respect to the licensed application.
The license is effective until terminated in accordance with this Agreement. Licensee agrees 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. Blue Marble Geographics reserves the right to update these terms without notice.
Blue Marble Geographics is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Blue Marble Geographics provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Blue Marble Geographics may permanently or temporarily stop providing the Software or any features therein to you or to users generally at Blue Marble Geographic’s sole discretion, without prior notice to you. You may stop using the Software at any time. You do not need to specifically inform Blue Marble Geographics when you stop using the Software.
You acknowledge and agree that if Blue Marble Geographics disables access to the Software, you may be prevented from accessing the data, your account details or any files or other content which is contained in the Software.
You acknowledge and agree that while Blue Marble Geographics may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Software or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Blue Marble Geographics at any time, at Blue Marble Geographic’s discretion, and thereby imposed upon you.
Use of the Services by You
In order to access the Software or certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Software or Service or as part of your continued use of the Software or Services. You agree that any registration information you give to Blue Marble Geographics will always be accurate, correct and up-to-date.
You agree to use the Software and Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries.
You acknowledge and agree that Blue Marble Geographics may charge license fees for the Software or Services and they may raise those fees at any time requiring those fees are paid for continued use of the Software or Services.
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. In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Google, and Google will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Licensed Application.
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.
Intellectual Property Rights:
You and Blue Marble Geographics acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, You, not Google or Blue Marble Geographics, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
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.
Changes to the Terms
Blue Marble may make changes to the Terms from time to time. You understand and agree that if you use the Software after the date on which the Terms or have changed, Blue Marble will treat your use as acceptance of the updated Terms.
Proprietary Rights
You acknowledge and agree that Blue Marble owns all legal right, title and interest in and to the Software, including any intellectual property rights which subsist in the Software. Unless you have agreed otherwise in writing with Blue Marble, nothing in this Agreement gives you a right to use any of Blue Marble’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
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 and Google, Inc. 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.
Third Party Beneficiary: You and Blue Marble Geographics acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the your acceptance of the terms and conditions of the EULA, Google will have the right (and will be deemed to have accepted the right) to enforce the EULA as a third party beneficiary thereof.
Questions, complaints or other issues may be addressed to:
Blue Marble Geographics
info@bluemarblegeo.com
22 Carriage Lane
Hallowell, ME 04347
207-622-4622
