Overland Navigator EULA | Spatial Minds, LLC

Spatial Minds, LLC Overland Navigator

Software License Agreement

IMPORTANT -- READ CAREFULLY BEFORE INSTALLING SOFTWARE

BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE; INSTEAD, IF YOU HAVE PURCHASED IT IN A SEALED RETAIL PACKAGE YOU SHOULD RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

This is a license agreement, and not an agreement for sale, between you, the end user installing the software and Spatial Minds, LLC. This Spatial Minds, LLC Overland Navigator Software License Agreement ("Agreement") gives the End User certain limited rights to use the Software, Data and Related Materials. All rights not specifically granted in this Agreement are reserved to Spatial Minds, LLC.

DEFINITIONS

As used in this Agreement, "Software" means all the software and data files included on the Overland Navigator installation media (DVD, downloaded files, CDROM, or other), inside the installer files, and any digital files (software, data, libraries, graphics, etc) that are extracted from the installer files, and “installed”, during the installation process. Overland Navigator is distributed with a “Software Application” installer on one set of media, and one or more Basemap installer(s) on additional installation media (depending upon the region and basemap configuration). The term “Software” applies to ALL of the included materials, including data, regardless of which installer or installation media it is associated with.

"Software Copies" means copies of all or any portion of the Software, including backups, updates, and merged or partial copies.

"Related Materials" means any supporting material or documentation, either printed or included on the installation media, any user-interface software, user-interface HTML, and any non-software files downloaded or otherwise supplied by or from Spatial Minds, LLC for use with the Software.

"License" means the grant of certain limited rights to use the Software, Software Copies, and Related Materials. Spatial Minds, LLC specifically retains title to all Spatial Minds, LLC Software and Related Materials, and Spatial Minds, LLC licensors retain title to items owned by them.

RESERVATION OF OWNERSHIP AND GRANT OF LICENSE

Spatial Minds, LLC and its Licensor(s) retain exclusive ownership of the copy of the Software and Related Materials licensed under this Agreement and, hereby, grant to you a personal nonexclusive, nontransferable license to use the Software and Related Materials based on the terms and conditions of this Agreement. You agree to use reasonable effort to protect the Software and Related Materials from unauthorized use, reproduction, distribution, or publication. These files are NOT in the public domain.

PROPRIETARY RIGHTS AND COPYRIGHT

You acknowledge that the Software and Related Materials contain proprietary and confidential property of Spatial Minds, LLC and its Licensor(s). The Software and Related Materials are owned by Spatial Minds, LLC and its Licensor(s) and are protected by United States copyright laws and applicable international copyright treaties and/or conventions.

USES PERMITTED

You may install the Software or portions of the Software onto a single personal computer that is intended for use by one person at a time. You may reproduce the corresponding Related Materials for your own personal use. You may make one (1) copy of the original Software for archival purposes unless the right to make additional copies is granted to you in writing by Spatial Minds, LLC

USES PROHIBITED

You may not copy, alter, modify, merge, reproduce, and/or create derivative works of the Software without express written permission by Spatial Minds, LLC. You may not sell, rent, lease, sublicense, lend, assign, time-share, or transfer, in whole or in part, or provide unlicensed third parties access to the Software, Related Materials, any updates, or your rights under this Agreement. You may not remarket, resell, and/or redistribute the Software or any derived portion(s) of the Software to unlicensed third parties. You may not remove or obscure any Spatial Minds, LLC and/or Licensor(s) copyright, proprietary, or trademark notices.

DURATION

This Agreement is effective from the moment you first execute the Software installer and agree to its terms and continues indefinitely. If you fail to comply with any provision of this Agreement, termination is automatic, without notice from Spatial Minds, LLC and without the necessity for recourse to any judicial authority. UPON TERMINATION, YOU MUST DESTROY ALL SOFTWARE AND RELATED MATERIALS.

WARRANTY

The Software and Related Materials are not warranted and you acknowledge that the Software and Related Materials contain some nonconformities, defects, or errors. Spatial Minds, LLC does not warrant that the Software and Related Materials will meet your needs or expectations, that the use of the Software and Related Materials will be uninterrupted, or that all nonconformities, defects, or errors can or will be corrected. Spatial Minds, LLC is not inviting reliance on these Software and Related Materials, and you should always verify actual Software.

THE SOFTWARE AND RELATED MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY

SPATIAL MINDS PRODUCTS ARE NOT INTENDED FOR NAVIGATIONAL USE AND SHOULD NOT BE RELIED UPON FOR SUCH PURPOSE. ALWAYS NAVIGATE BY REFERENCE TO A CURRENT NAVIGATIONAL CHART OR MAP. IN NO EVENT SHALL SPATIAL MINDS, LLC HAVE ANY LIABILITY ARISING OUT OF ANY NAVIGATIONAL USE OF ANY OF OUR PRODUCTS.

This Software is licensed to you to serve as a general reference for your personal, business, or institutional use. The geographical data used to compile this dataset is based on USGS topographic maps, USGS elevation data, and the USGS Geographic Names Information System. Please consider carefully the fact that the geographic data may not be adequate for purposes requiring precision in depiction of geographic features, exact measurement of direction or distance, or for similar purposes including but not limited to navigation, tracking, or emergency response.

In no event shall Spatial Minds, LLC and/or its Licensor(s) be liable for costs of procurement of substitute goods or services, lost profits, lost sales or business expenditures, investments, or commitments in connection with any business, loss of any goodwill, or for any indirect, special, incidental, exemplary, or consequential damages arising out of this Agreement or use of the Software and Related Materials, however caused, on any theory of liability, and whether or not Spatial Minds, LLC and/or it Licensor(s) have been advised of the possibility of such damage. These limitations shall apply notwithstanding any failure of essential purpose of any exclusive remedy.

IMPLIED WAIVERS

No failure or delay by Spatial Minds, LLC and/or its Licensor(s) in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy.

PRECEDENCE

Any conflict between the terms of this Agreement and any other terms shall be resolved in favor of the terms expressed in this Agreement.

SEVERABILITY

If any provision(s) of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from, and shall in no way affect the validity or enforceability or, the remaining provisions.

GOVERNING LAW

This Agreement, entered into in Skagit County, shall be construed and enforced in accordance with and be governed by the laws of the United States of America and the State of Washington without reference to conflict of laws principles. The parties hereby consent to the personal jurisdiction of the courts of this County and waive their rights to change venue.

GENERAL

This Agreement represents the entire understanding and agreement regarding the Software, Software Copies, and Related Materials, and supersedes any prior communication, advertisement, or representation, and may only be modified in a written amendment signed by an authorized Spatial Minds, LLC representative or by a specific prior or subsequent written agreement between the parties.

TRUE MARBLE COPYRIGHT AND PERMISSIONS

The Satellite Imagery is derived from the True Marble ^TM © 2008 Unearthed Outdoors, LLC. The original work is distributed and modified for use with Overland Navigator under the terms of the Creative Commons Attribution 3.0 United States License available at http://creativecommons.org/licenses/by/3.0/us/legalcode. The derived work is Copyright © 2009 Spatial Minds, LLC.

True Marble is Trademark Unearthed Outdoors, LLC.

GDAL COPYRIGHT AND PERMISSIONS

This section applies to the gdal.dll only.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

IMAGE MAGICK COPYRIGHT AND PERMISSION

This product is based upon the ImageMagick library. This section applies to ImageMagick components only.

ANTI-GRAIN GEOMETRY COPYRIGHT AND PERMISSION

This product is based upon the Anti-Grain Geometry Library version 2.4. The following copyright and permission statement applies specifically to the Anti-Grain Geometry Library.

Anti-Grain Geometry - Version 2.4

Permission to copy, use, modify, sell and distribute this software is granted provided this copyright notice appears in all copies. This software is provided "as is" without express or implied warranty, and with no claim as to its suitability for any purpose.