THANK YOU FOR YOUR INTEREST IN THE SERVICE AND SOFTWARE DESIGNATED THE MAPICON FACTORY AND ICONS (AS DEFINED BELOW) PROVIDED BY CARTOSOFT, LLC ("CARTOSOFT"). PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT ("LICENSE"), WHICH GOVERN YOUR ACCESS AND USE OF THE MAPICON FACTORY AND THE ICONS. YOU AGREE THAT ANY ACCESS OR USE BY YOU OF THE MAPICON FACTORY OR ICONS, OR ANY PART OF THE MAPICON FACTORY OR ICONS, WILL BE UNDER THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, DO NOT ACCESS OR USE THE MAPICON FACTORY, THE ICONS, OR ANY PART OF THEM.
1. General
The mapicon Factory is offered as a web-based service that generates certain icons (each an "Icon") for use in suitable Internet maps. Any access or use of the mapicon Factory is subject to this License. The computer code (in any form), graphics, fonts, and documentation comprising the Icons, whether on disks, read only memory, or any other media, are licensed to you by CartoSoft for use only as provided in Section 3 of this License. CartoSoft reserves all patents, trademarks, service marks, copyrights, registration rights, moral rights, and other intellectual property not expressly granted to you pursuant to this License. You are solely responsible for obtaining the rights to use any intellectual property of third parties in connection with your access and use of the mapicon Factory and the Icons. CartoSoft may terminate this License for cause at any time if you fail to comply in any respect with this License. If you have obtained the right to access or use the mapicon Factory via a test or other non-standard arrangement authorized by CartoSoft, you agree to comply with all of the obligations of a subscriber of the mapicon Factory, and such access or use may be terminated at any time by CartoSoft without incurring any payment obligation or other liability to you.
2. Subscription Agreement
In order to access and use the complete functionality of the mapicon Factory, you must first purchase an annual subscription via the registration and payment methods offered via www.cartosoft.com or such other websites or other sales channels authorized by CartoSoft. You may only access and use the mapicon Factory during the year for which payment in full was made in advance. Your subscription automatically will renew at the end of each year and you automatically will be charged the subscription fees for the next year provided that your payment method remains valid; if your payment method is no longer valid, or if a previous payment is invalidated for any reason, your subscription immediately will be terminated. You may elect to not renew your subscription at any time by requesting via the payment gateway you used to purchase the subscription that your payment method no longer be charged. Subscription fees are not refundable as a result of termination of your subscription by you for any reason, any invalidation of your payment method, or any termination of this License for cause by CartoSoft. CartoSoft may terminate this License at any time for convenience, in which case CartoSoft will bear no liability.
You represent, warrant, and promise to CartoSoft that your payment of the subscription fees for the mapicon Factory will be lawful and authorized.
ACTUAL OR ATTEMPTED FRAUDULENT PAYMENTS WILL BE PROSECUTED.
The mapicon Factory may only be used by the individual or entity who registered as the subscriber. You may not 'share' your subscription with, sell or rent access to or use of, or otherwise make the mapicon Factory available to, another person or entity. If a subscription to the mapicon Factory was purchased by an entity, a separate subscription must be purchased for each individual who accesses and uses the mapicon Factory on behalf of that entity. You agree that access or use of the mapicon Factory using a computer with a different IP address than that used to register as a subscriber will constitute a reasonable basis for CartoSoft to determine that you are not in compliance with the two preceding sentences. You are responsible for safeguarding any account names and passwords provided to you by CartoSoft and for any activity occurring under such account names and passwords.
You may only access and use the mapicon Factory for the purpose of generating Icons for use in your bona-fide business, non-profit or personal Internet maps as permitted under this License; you are granted no other rights to the mapicon Factory. CartoSoft may terminate the service and your subscription at any time and without notice if it reasonably believes that you have not complied with this License.
CartoSoft reserves the right to not offer or renew a subscription agreement to the mapicon Factory to any person or entity at any time or for any reason without requiring any reason therefor or notice thereof.
3. License to Icons.
This License allows you to install and display any or all of the specific Icons as generated by the mapicon Factory on any computer for which you have the rightful and lawful authority to install and use the Icons.
You may use an Icon as permitted in this License for a period that expires upon the earlier of (i) ten years after your initial generation of the Icon via the mapicon Factory or (ii) January 1, 2020. Upon any expiration or termination of this License, or upon the end of the period referred to in the immediately preceding sentence with respect to a particular Icon, you immediately shall cease all use of the Icons and permanently and completely delete the Icons and any copies of the Icons from any computers on which they were installed. You may not sell, rent, lease, lend, sublicense or otherwise grant any rights to the Icons, but third parties may view the Icons you display pursuant to this License in the ordinary course of viewing webpages or similar mediums as permitted by this License.
4. Restricted Uses; Prohibitions.
You represent, warrant, and promise to CartoSoft that you will not install or display the Icons in any medium that at any time: (i) infringes upon any patents, trademarks, service marks, copyrights, registration rights, moral rights, or other intellectual property of CartoSoft or any third party; (ii) contains material that is illegal, libelous, obscene, or otherwise inappropriate (as determined by CartoSoft in its sole discretion), including by displaying pornography, promoting violence, or advocating discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) criticizes, disparages, or otherwise causes harm to CartoSoft or any of its shareholders, officers, employees, contractors, clients, or advisors; or (v) does not comply with United States, foreign and international laws. You further represent, warrant, and promise to CartoSoft that you will not modify, or create any derivative works of, the Icons. In the event of any breach of the foregoing, in addition to any remedies that CartoSoft may have at law, in equity, pursuant statute, or by this License, CartoSoft immediately will have all right, title and interest to, and will be the sole and exclusive owner of, any modifications or derivative works that you may have created (or requested or permitted third parties to create) from the Icons without incurring any liability to you or any third party.
THE ICONS ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR ANY OTHER EQUIPMENT OR SOFTWARE IN WHICH THE FAILURE OF THE ICONS COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY LOSS OR DAMAGE, OR DAMAGE TO THE ENVIRONMENT. YES, OUR LAWYERS MADE US PUT THIS IN, BUT IT IS IMPORTANT.
You may not use, export or re-export the Icons except as authorized by United States law. In particular, but without limitation, the Icons may not be used, exported or re-exported (i) in or into (or to a national or resident of) any United States embargoed countries (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
You will not, and you will not request or permit any third party to: (i) access or use CartoSoft's computer systems or software without obtaining the prior written approval of CartoSoft, provided that you may access and use CartoSoft's websites in the ordinary course and subject to the terms of use of such websites; or (ii) reverse engineer, decompile, disassemble, modify, translate, attempt to the discover the source code of, misappropriate, or create derivative works of, any software owned, licensed or used by CartoSoft, including any software used for or in connection with the mapicon Factory and the Icons.
5. Disclaimer of Warranties; Acknowledgment of Conditions.
THE MAPICON FACTORY, ICONS, WWW.CARTOSOFT.COM, AND ANY WEBSITES, SALES CHANNELS, PRODUCTS OR SERVICES PROVIDED TO YOU BY CARTOSOFT ARE PROVIDED "AS IS"AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, CARTOSOFT DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CARTOSOFT OR ANY CARTOSOFT REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ACKNOWLEGE AND ACCEPT THAT THE OPERATION OF THE MAPICON FACTORY, ICONS, WWW.CARTOSOFT.COM, AND ANY WEBSITES, SALES CHANNELS, PRODUCTS OR SERVICES PROVIDED TO YOU BY CARTOSOFT MAY NOT BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.
6. Limitation of Liability.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CARTOSOFT BE LIABLE FOR DEATH, PERSONAL INJURY, OR PROPERTY LOSS OR DAMAGE, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE MAPICON FACTORY, ICONS, WWW.CARTOSOFT.COM, AND ANY WEBSITES, SALES CHANNELS, PRODUCTS OR SERVICES PROVIDED TO YOU BY CARTOSOFT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTORY, OR OTHERWISE) AND EVEN IF CARTOSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall CartoSoft' total liability to you, or to any persons or entities acting by or through you, for any and all damages exceed, cumulatively for all claims, the amount of twenty United States dollars ($20.00). The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
7. Government End Users.
The mapicon Factory Dynamic Generator are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
8. Controlling Law and Severability; Other.
This License will be governed by and construed in accordance with the laws of the State of Oregon, as applied to agreements entered into and to be performed entirely within Oregon between Oregon residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. In the event of any dispute between or among you, any person or entity acting by or through you, and CartoSoft, such dispute will be subject to the exclusive jurisdiction of the State and Federal courts sitting in the City of Portland, State of Oregon, provided that CartoSoft may initiate claims, litigation or judicial procedures in any jurisdiction as necessary to protect CartoSoft' intellectual property. You agree that any notice given to you by CartoSoft by e-mail, by posting on the CartoSoft URL: http://www.cartosoft.com, or through any other electronic means is acceptable to you. CartoSoft, and only CartoSoft, may modify this License at any time by notifying you pursuant to the means identified in the immediately preceding sentence; if you disagree with any modification of this License, your sole recourse is to immediately cease all use of the mapicon Factory and Icons, in which case you will permanently and completely delete all Icons you generated from any computers on which they were installed.
9. Terms of Use; Privacy.
The terms of use and privacy policy published from time to time on www.cartosoft.com are incorporated herein by reference to the extent not inconsistent with the terms of this License.
10. Complete Agreement; Governing.
This License constitutes the entire agreement between the parties with respect to the mapicon Factory and Icons and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by CartoSoft. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
