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Software License Agreement


We try to keep our license agreements as reasonable as possible, while also providing appropriate protection so that we can continue developing software. If you have any questions about the agreement, please use our support page to bring them to our attention. Here is the software license agreement as of May 5, 2009:

Cartographica
Software License Agreement

IT IS IMPORTANT THAT YOU READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE CARTOGRAPHICA SOFTWARE. BY PROCEEDING WITH DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, WHICH CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CLUETRUST.

1. License. The software and documentation that are the subject of this License whether on disk, in read only memory, on any other media or in any other form (the “Cartographica Software”) are licensed to you by GBP Software, LLC doing business as ClueTrust (ClueTrust) The licenses granted herein are limited to ClueTrust’s intellectual property rights in the Cartographica Software and do not include any other patents or intellectual property rights. You own the media on which the Cartographica Software is recorded but ClueTrust and/or ClueTrust's licensor(s) retain title to the Cartographica Software. The Cartographica Software in this package and any copies which this License authorizes you to make are subject to this License.

2. Permitted Uses. (a) This License allows you to install and use the Cartographica Software on a single computer at a time OR install and use the Software in accordance with Section 2(b).

(b). Subject to the Terms and Conditions of this Agreement the Cartographica Software is being licensed for the exclusive use of one user, in addition to the copy of the Software permitted in this Section, the exclusive user may make two other copies of the Software and install them on a portable computer and/or a computer at their home for their exclusive use so long as the only one copy of the Cartographica Software is used at a time.

(c). If your Employer has purchased this license for the Cartographica Software, you must remove any and all copies of the Software from your personal computer(s) upon any termination of employment.

(d). You may make one copy of the Cartographica Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original.

(e). Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Cartographica Software in whole or part. You may, however, transfer your rights under this License (except with respect to a Trial Version, a Beta Version, or a Not For Resale Version, in which case no transfer is permitted) provided you transfer the related documentation, this License and a copy of the Cartographica Software to a party who agrees to accept the terms of this License and destroy any other copies of the Cartographica Software in your possession.

3. Restrictions. THE CARTOGRAPHICA SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF 911 EMERGENCY FACILITIES, FOR ANTI-TERRORISM OPERATIONS, NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE CLUETRUST SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from ClueTrust if you fail to comply with any term(s) of this License.

4. Trial Licenses. ClueTrust may, from time to time, make copies of the Cartographica Software available for trial purposes under trial licenses that are limited to a time certain. These licenses are in effect ONLY FOR THE SPECIFIED TIME PERIOD. Use beyond the specified time period is in violation of this License Agreement. If you decide to enter into a full License for the Cartographica Software by purchasing the Software, you agree to be bound by the License Agreement in effect at that time.

5. Disclaimer of Warranty on Cartographica Software. You expressly acknowledge and agree that use of the Cartographica Software is at your sole risk. The Cartographica Software is provided “AS IS” and without warranty of any kind and ClueTrust EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. CLUETRUST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CARTOGRAPHICA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE CARTOGRAPHICA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CARTOGRAPHICA SOFTWARE WILL BE CORRECTED. FURTHERMORE, CLUE TRUST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CARTOGRAPHICA SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLUETRUST BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ClueTrust's total liability to you for all damages exceed the amount of fifty dollars ($50.00).

7. Export Law Assurances. You may not use or otherwise export or re-export the Cartographica Software except as authorized by United States law and the laws of the jurisdiction in which the Cartographica Software was obtained. In particular, but without limitation, the Cartographica Software may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Cartographica Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

8. Exchange of Information. In order to function properly, from time to time, the Cartographica Software may contact a server under the sole control of ClueTrust, and may exchange information with this server regarding the version of the Cartographica Software, and the “license key.” No other information about the computer of use of the Software will be collected without your prior express permission, which can be revoked at any time through the “Preferences” menu of the Cartographica Software. In this case, a log of all non-license and version related information sent will be kept on the user's hard disk to facilitate user audit. You agree that ClueTrust may audit your use of the Cartographica Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse ClueTrust for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

9. Controlling Law and Severability. This License shall be governed by the laws of the United States and the Commonwealth of Virginia. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Fairfax County, Virginia, or the federal courts in the Eastern District of Virginia to resolve any disputes arising from this Licensing Agreement. 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.

10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Cartographica Software licensed hereunder 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 ClueTrust. In the event that you fail to comply with this Licensing Agreement, ClueTrust may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this Licensing Agreement surviving any such termination).