End user agreement for AvisMap GIS Engine
AvisMap GIS Engine End User License Agreement
READ THIS CONTRACT CAREFULLY BEFORE INSTALLING AND/OR USING THIS SOFTWARE.
This End User License Agreement (EULA) for certain AvisMap Products and Services is a legal agreement between user (individual or entity) and AvisMap GIS Technologies and its suppliers and licensors for: the AvisMap GIS Technologies software which may include components provided by suppliers and licensors to AvisMap GIS Software ("Software") and/or AvisMap services ("Services"). YOU ARE CONSIDERED AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLATION, COPYING IF YOU UNSEALED THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT. YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU RETURN THE SOFTWARE AND ALL ITS RELATED ACCESSORIES, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN SEVEN (30) DAYS OF THE PURCHASE DATE. (This EULA will take effect if you post back the registration card).
This EULA constitutes the complete agreement between the arties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this agreement in related software, copying, data and referred materials by AvisMap. The EULA may not be amended except in a writing signed by a duly authorized representative of AvisMap GIS Technologies. and no other act, document, usage or custom shall be deemed to amend or modify this EULA. If any part of the EULA has been found void or unenforceable in any reason, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The waiver by either party of any breach of this agreement shall not constitute a waiver of any other or subsequent breach.
"Software" means (a) all or any portion of the proprietary geographic information system (GIS) software technology, all the contents of the files, disk(s), CD-ROM(s) or other programs delivered on any media with this Agreement is provided but not limited only to (i) AvisMap or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, backups, modified versions, updates, additions, and copies of the Software, if any, licensed to you by AvisMap (collectively, "Updates").
"Software Copy" means the copies of the entire or any portion of the software, including the copy of backup, upgrades and republished by Beijing AvisMap GIS Technologies, Inc. in the future.
"Data" means any AvisMap digital data set(s) including, but not limited to geographic data, and the non-software information provided and controlled by the software.
"Data Copy" means the copy of the entire or any portion of the data, including the copy of backup, upgrades or republished by Beijing AvisMap GIS Technologies, Inc. in the future.
"Documentation" means all the printed and digital materials in the software packet and other non-software, non-data material related to the software published by AvisMap in the future.
"License" means the rights to use, maintain and copy the software or data, and other rights granted by related materials.
This Agreement does not grant you any intellectual property rights or ownership for the Software and data. The ownership of the software, data and related materials is only reserved by Beijing AvisMap GIS Technologies, Inc. and the ownership of his possessions retained by the authorizer of Beijing AvisMap GIS Technologies, Inc.
2. LICENSE GRANT
This License permits you may make one backup copy of the Software, provided your backup copy install and use one copy of the software and data on the terminal of a single computer, workstation or internet-based service in your purchase agreement through a valid license. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided in archiving. You may not rent, lease, sell, sublicense, assign or transfer your rights in the software, or authorize all or any portion of the software to be copied onto another user's computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity. All the information and copyright about AvisMap GIS Technologies, Inc. and the third party should be kept carefully. In addition, please do agree and support to protect the software and data by legal endeavor in order to prevent any unauthorized using, duplicating, releasing or publishing. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESEVERED BY BEIJING AvisMap GIS TECHNOLOGIES, INC.
All intellectual property right and copyrights in and to the software products (including but not limited to all the content of images, photos, animation, video, audio, music, text and additional program), accompanying printed materials and any copies of the software owned by AvisMap GIS Technologies, Inc. and its suppliers. This Software is protected by copyright laws and international treaty provisions. Any other copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Therefore, you must treat the software products like any other copyrighted material and you may not copy the printed materials accompanying the software product.
4. LIMITATION OF LIABILITY
a) You may not: (i) permit to translate, amend, rearrange, or other alter all or any portion of the software and data except under the terms listed above; (ii) Each of the above action regard as the property owned by AvisMap GIS Technologies, Inc. and the thirty party legally, or making copies beyond the permissions; (iii) rent, lease, transfer, sublicense, authorize or otherwise transfer rights to the software, data and documentation; (iv) modify, reverse engineer, decompile, disassemble or translate the software (except and only to the extent that activity is expressly permitted by applicable law or authorized, but any deriving information can not be use for developing, copying or producing other software similar with AvisMap to sell).
b) You may not make any copies of the related materials.
c) You may not use AvisMap Desktop to read or interpret other products except you are granted legal rights.
d) You may only use the software simultaneously under the extent of usufruct.
e) You may not decipher or skip checking the license or encryption protection in any way.
f) You may not alter, delete, and combine the patent logo, copyright description or trademarks on software, data or related material with any other object, including but not limited to, other logos, words, graphics, photos, slogans, numbers, design features or symbols.
This EULA is effective from the day you open the seal and shall continue until terminated or until your software subscription expires without being renewed. AvisMap may terminate this agreement if Customer breaches any term hereof. No notice shall be required from AvisMap to effect such termination. You may also terminate this EULA at any time by notifying AvisMap in writing of termination. In such event, you must destroy the original and all copies of the software product, data, printed documentation, and all of its component parts. Beijing AvisMap GIS Technologies, Inc. reserve or compulsory execute all legally rights.
6. LIMITED WARRANTY
a) Warranty of the associated hardware and printed materials.
AvisMap warrants that for your benefit alone for ninety (90) days from the day of delivery (the "Warranty Period" ) to you who first purchases the software license. The starting time of the warranty period is according to the invoice. Non-substantial variations of performance from the Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO UPDATES, PRE-RELEASE (BETA), TRYOUT, PRODUCT SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF SOFTWARE. If the functionalities of the software products vary substantially from the agreed upon functionalities in accordance with the related documentation under normal use and service, AvisMap is entitled for those software and documentation and Licensee's exclusive remedy by way of re-performance and at its own discretion to (i) repair the software; (ii) replace the software or (iii) return of license fees paid by the licensee for the software, data, or documentation provided that Licensee uninstalls, removes, and destroys all copies of the software, data, or documentation and executes and delivers evidence of such uninstall and destruction to AvisMap.
b) Data and related software disclaimer
Although the greatest care has been taken to ensure that our data is up to date and accurate, AvisMap GIS Technologies, Inc. give no warranty, express or implied, as to the accuracy, reliability, utility or completeness of the usage result of the software, data and related material. The data may contain some nonconformities, defects, errors, or omissions. AvisMap AND ITS LICENSOR(S) MAKE NO WARRANTY WITH RESPECT TO THE DATA. The act of distribution dose not constitutes any such warranty, and users assume all responsibility and risk for use of the software, data and related materials. Users of the data agree not to misuse, add to without permission, or misrepresent the data provided in any way. IN NO EVENT WILL AvisMap, THE SOFTWARE RELATED RESEARCHERS, DEVELOPERS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A AvisMap REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. AvisMap'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE, IF ANY. AvisMap is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. TECHNICAL SUPPORT
Once you purchase the product and accept the EULA, users (individual /entity) can obtain free technical supports of consultation and resolution providing by the Technical Support Department in AvisMap GIS Technologies, Inc. via telephone, fax, EMAIL, etc. You can also visit our website to download the software free service pack. Please notice that the free technical supports are not including any field technical training except specialized. You need to pay the fee according to the regulations for the technical training you required or AvisMap expert field technical training.
Technical supports are governed and bound by related portion policies and term listed on the technical supports in the documents of User's Manual, Help and other related materials supplies by AvisMap GIS Technologies, Inc.
Each term and condition in the EULA restricts any provided additional program which is one part of the software products. Meanwhile any technical information you provided can be used for commercial purpose, including products development and technical support by AvisMap but we will keep personal detail secrete.
You denote that you have read this EULA, and understand, accept and bound by all the terms and conditions.
You also agree that:
a) You are not grant to believe any oral or written information or suggestion beyond this EULA provided by AvisMap GIS Technologies, Inc. and its suppliers or employee.
b) This EULA is the only entire agreement between you and AvisMap which supersede all prevenient oral or written one or any other exchange information before you purchase.
c) The term and conditions in this EULA should supersede any conflicting content in prevenient purchase contract except the price and delivery information should be agree by you and AvisMap.
d) If you have purchased a license for multiple users, you should make sure that each user read and accept this EULA.
If you acquired this product in The People's Republic of China, this EULA is governed by the laws of The People's Republic of China. If you acquired this product outside China, this EULA is governed by the local laws. Should you have any questions concerning this EULA, or if you are interested in additional information and desire to contact AvisMap for any reason, please contact the AvisMap subsidiary serving your country, or directly contact AvisMap GIS Technologies. shows below.
AvisMap GIS Technologies