MAPVIEW END USER LICENSE AGREEMENT

 

This End User License Agreement (“EULA”) governs your download and use of the The Casey Group’s (“TCG”) Mapview Application (“Mapview”). The terms of this EULA also will govern any upgrades provided by TCG that replace and/or supplement the original Mapview application, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern. By downloading or using Mapview, you agree to be bound by this EULA, as well as any additional terms that may apply to particular features or functions of Mapview (such as the Mapview Calling service).

1. Scope of License: TCG hereby grants to you a limited, non-exclusive, non-transferable, revocable license to use Mapview on running the iOS operating system (“iOS Device”) that you own or control. This license does not allow you to use Mapview on any iOS Device that you do not own or control, and you may not distribute or make Mapview available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense Mapview. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mapview, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with Mapview). TCG reserves all rights not expressly granted to you by this paragraph.

2. Use of Third-Party Services and Information. Use of Mapview may require Internet access, use of third-party applications and services such as Apple Maps, and access to content, data, or other information supplied by third parties (collectively, “Third-Party Materials”). You are responsible for reviewing and complying with any terms of service or other applicable requirements applicable to your use of or access to such Third-Party Materials.

Further, you acknowledge and agree that TCG is not responsible for the accuracy, completeness, reliability, timeliness, availability, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials and has no liability in connection with such Third-Party materials, including location and financial information. Financial information displayed by or through Mapview is for general informational purposes only and is not intended to be relied upon as investment advice. Location data provided by or through Mapview is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, or property or environmental damage. TCG does not warrant or endorse any Third-Party Materials and any links or access to such materials through Mapview are provided solely as a convenience to you. TCG reserves the right to change, suspend, remove, or disable or limit access to any Third-Party Materials at any time without notice and without any liability.

Third-Party Materials available through or used by Mapview may not be available in all languages or in all countries. TCG makes no representation that such Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Third-Party Materials, you are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

3. Privacy Policy. Mapview’s collection and use of information about you is explained by our Privacy Policy. By using Mapview, you agree that TCG may collect and use such information in accordance with that Privacy Policy.

4. Acceptable Use. You agree not to use Mapview in any manner to harass, abuse, stalk, threaten, defame, violate copyright, trademark, or other intellectual property rights, transmit indecent, offensive, or objectionable material, or otherwise infringe or violate the rights of any other party. TCG is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, indecent, objectionable, offensive, or illegal messages or transmissions that you may receive from others or otherwise encounter while using Mapview.

5. Termination. This EULA is effective until terminated by you or TCG. Your rights under this EULA will terminate automatically without notice from TCG if you fail to comply with any term(s) of this EULA. Upon termination of this Agreement, you shall cease all use of Mapview and destroy all copies, full or partial, of Mapview. Sections 3, 6, 7, 8, 12, and 15 shall survive any such termination.

6. DISCLAIMER OF WARRANTIES. TCG (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR SALES NAVIGATOR, AND ALL ASSOCIATED FEATURES, SERVICES, SOFTWARE AND EQUIPMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY TCG OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF MAPVIEW TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

TCG DOES NOT WARRANT THAT THE MAPVIEW CALLING SERVICE, WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE.

TCG MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING MAPVIEW, ITS FEATURES OR FUNCTIONS, THE EQUIPMENT OR THE INTERNET. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF MAPVIEW, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY.

7. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TCG (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES) BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE OR REQUIRED MODIFICATIONS TO YOUR EQUIPMENT, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE MAPVIEW OR ASSOCIATED FEATURES OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF TCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall TCG’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Indemnification. You agree to defend, indemnify and hold harmless TCG and its officers, directors, members, employees, parent, subsidiaries, and affiliates from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access Mapview); (b) your use of Mapview, associated Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access Mapview); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access Mapview); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this EULA, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of Mapview, associated Equipment or the Internet.

9. Export Control. You may not use or otherwise export or re-export Mapview except as authorized by United States law and the laws of the jurisdiction in which Mapview was obtained. In particular, but without limitation, Mapview may not be exported or re-exported (a) into any U.S. embargoed countries or (b) 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. By using Mapview, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.

10. Government Use. Mapview and related documentation 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. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) 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.

11. Assignment. You agree not to assign or otherwise transfer, this EULA in whole or in part, including your license to use Mapview or your rights or obligations under the EULA. Any attempt to do so shall be void. Mapview may assign all or any part of this EULA without notice.

12. Governing Jurisdiction. This EULA and your use of Mapview shall be governed by the laws of the State of New Jersey, excluding its conflicts of law rules. Each party expressly consents to the jurisdiction of the state and federal courts of New Jersey to resolve any dispute arising from this Agreement and waives any defense of inconvenient or improper forum. The parties acknowledge and agree that this EULA relates solely to the performance of services (not the sale of goods) and, accordingly, will not be governed by the Uniform Commercial Code of any state having jurisdiction. To the fullest extent permitted by law, you and TCG agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Mapview or this EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. Copyright Notice. TCG responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, you may send a copyright infringement notice to TCG at the following address:

Marketing Department 

77 East Halsey Road 

Parsippany, NJ 07054. 

14. Compliance. TCG’s failure at any time to insist upon strict compliance with any of the provisions of this EULA in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this EULA is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the intentions of the parties.

15. Other General Terms. 

15.1 Each party acknowledges that this is the complete and exclusive statement of the agreement between the parties, except for any additional terms that may apply to use of certain features of Mapview such as Mapview Calling. This EULA supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to the subject matter hereof.

15.2 If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, to the extent possible, the remaining provisions of the Agreement shall remain in full force and effect.

15.3 TCG will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, or other things we do not control.

16. Revisions. Mapview may revise the terms and conditions of this EULA from time to time (including any of the policies which may be applicable to usage of the Calling Service) by posting such revisions to our website at www.mapview.com You agree to visit this site and the links therein periodically to be aware of and review any such revisions. Revisions shall be effective upon posting. By continuing to use Mapview after revisions are in effect, you accept and agree to the revisions and agree to abide by them