License Agreement

Carefully read all the terms and conditions of this Product License Agreement prior to installing this software and data. If you do not agree to these terms and conditions, you may not install this software, please do not commence the installation process and destroy any file relating to the software in your possessions and your money will be refunded. No refunds will be given for Products which have already been installed. Only if you accept each of the terms below should you install this software and data.

For the purposes of this Agreement the word "Product" includes all software, data, and any other media and documentation supplied by Flashmaps Geospatial, S.L. (referred to as "Flashmaps") as part of this software. Where provided by Flashmaps pursuant to this Agreement, only the original Licensee will be entitled to updates, developments and deployments, if at all, as specified herein.

Flashmaps grants to you a non-transferable, non-exclusive license to use the Product subject to the following conditions:

• General copying restrictions
  

  You may:
  

  • Use the Product inside the domain or domains licensed for.
  • Copy the Product for backup purposes as appropriate.
  • Terminate this license by destroying the original and all copies of the Product in whatever form.
  
  You may not:
  
  • Use the Product inside any domain other than the ones licensed for.
  • Loan, rent, lease, give, sub-license or otherwise transfer the Product (or any copy) in whole or in part, to any other person, except as noted in paragraph c (Transfer) above.
  • Copy or translate the User Manual, training materials or any other documentation included with the Product.
  • Copy, alter, translate, decompile or reverse engineer the Product, including but not limited to, modify the Product to make it operate on non-compatible hardware or software.
  • Remove, alter or cause not to be displayed, any trademarks, copyright notices or start-up messages contained in the programs and/or documentation.
  • THIS LICENSE WILL TERMINATE AUTOMATICALLY if you fail to comply with the terms and conditions set forth above.

• Proprietary rights of Flashmaps
  

  The Flashmaps logo, Product name, Product manuals, training materials, documentation and other support materials are either patented, copyrighted, trademarked or owned by Flashmaps as trade secrets and/or proprietary information. Flashmaps retains exclusive ownership of the Flashmaps Product, of the Flashmaps printed materials and of the Flashmaps trademarks. All techniques, algorithms and processes contained in Flashmaps's Product or any modification or extraction thereof constitute trade secrets and/or proprietary information of Flashmaps and will be protected by this Agreement.
  
  LIMITED WARRANTY:
  

  • The Product will perform substantially in accordance with its enclosed documentation, if any, for a period of 60 (sixty) days from the date of purchase. In the event of notification, within the warranty period, of a failure of the Product to perform in accordance with such documentation, your sole and exclusive remedy and/or Flashmaps's or any Flashmaps Product distributor's or dealer's sole and exclusive obligation shall be, at Flashmaps's option either (i) to replace the Product or the documentation so that the Product will perform substantially in accordance with the documentation, or (ii) to refund to you the amount paid by you for the copies of the Product that you purchased.
  • EXCEPT AS SPECIFIED IN THIS PARAGRAPH THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE PROGRAMS, DOCUMENTATION AND OTHER FILES ON THE MEDIA ARE PROVIDED "AS IS". (Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to you).
  • THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES for any and all claims that you may have against Flashmaps or any distributor or dealer of Flashmaps Product(s) arising out of or in connection with the Product, whether made or suffered by you or another person and whether based in contract or tort.
  • IN NO EVENT WILL FLASHMAPS, OR ANY DISTRIBUTOR OR DEALER OF FLASHMAPS PRODUCT(S), BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF A BREACH OF THIS WARRANTY OR YOUR USE OF THE PRODUCT(S), INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF FLASHMAPS, OR ITS DISTRIBUTOR OR DEALER, HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. (Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you).
    
    Under no circumstances will Flashmaps's total liability to you of all kinds arising out of or related to this license Agreement (including but not limited to any warranty claims hereunder), regardless of the form, and regardless of whether any action or claim is based in contract, tort or otherwise, exceed the total purchase price paid by you for the right to use a single copy of the Product(s). Flashmaps's Product's pricing reflects the allocation of risk and the limitation on liability contained in this Limited Warranty.
  • Because it is impossible for Flashmaps or the distributors or dealers of Flashmaps Product(s) to know the purposes for which you acquired this Product or the uses to which you will put this Product, you assume full responsibility for the selection of the Product, and for its installation and use and the results of that use.
  • While every reasonable effort has been made to ensure that you will receive a Product that you can use and enjoy, neither Flashmaps nor the distributors and dealers of Flashmaps Product(s) warrant that the functions of the Product will meet your requirements or that the operation of the Product will be uninterrupted or error-free. Due to the complex nature of computer programs, the Product in this package (like all large programs) will probably never be completely error-free.
  • This Limited Warranty does not cover any magnetic medium, if exists, which has been the subject of abuse or damage, nor does it cover any Product, which has been altered or changed by anyone other than Flashmaps.
  • Neither Flashmaps nor the distributors and dealers of Flashmaps Product(s) are responsible for problems caused by changes in the operating characteristics of the hardware or operating system software you are using which are made after the release date of this version of the Product, nor for problems in the interaction of the Product with any other software.
  • No action for breach of warranty may be commenced more than 1 (one) year following the expiration date of the above Limited Warranty.

• Flashmaps may from time to time revise or update its Products. Such updates and revisions may be supplied separately for a fee according to Flashmaps's then prevailing update prices, policies, terms and conditions. Flashmaps is not obligated to make any Product revisions or to supply them. Flashmaps may from time to time offer special support programs. Licensee may purchase support and maintenance from Flashmaps according to the then prevailing Flashmaps rates, terms and conditions.
• In order to receive information about such revisions and/or updates and/or special support plans, you must complete the enclosed registration card and return it to Flashmaps.
• Any additions or changes to the Product shall be governed by this Agreement, and may be governed by additional terms and conditions supplied with such addition or change.

NO TIME LIMITED LICENSE: This license is no time limited.

Licensee acknowledges reading this Agreement, understanding it, and agrees to be bound by its terms and conditions. Licensee also agrees that this Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, verbal or written, and any other communications between the parties relating to the subject matter of this Agreement.

• The validity of this Agreement and the rights, obligations and relations of the parties shall be construed and determined in accordance with the laws of the Country of Spain.
• You acknowledge that any action or suit brought to enforce any right or remedy of this Agreement shall be subject to the exclusive jurisdiction and venue of the Country of Spain.

The Product enables you to use, and Flashmaps may make available to you, certain third party.

Such Third Party Material is generally not copyrighted by Flashmaps, and is the property and responsibility of its respective owners.

The use of such Third Party Material may be subject to further use restrictions as may be attached to it, including additional charges, and by using the Third Party Material you agree to be bound by such additional restrictions. The use of Third Party Material is subject to you having a valid license for the Product. In view of possible copyright restrictions, the terms of this license shall apply, mutates mutandis, to the benefit of Flashmaps, to your use of the Third Party Material, as if such Third Party Material was a trial version product as referred to herein.

FLASHMAPS TAKES NO RESPONSIBILITY AND GIVES NO WARRANTY OF ANY KIND WITH RESPECT TO THE THIRD PARTY MATERIAL INCLUDING ITS ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH MATERIAL IS PROVIDED “AS IS”.

However, if a competent jurisdiction determines that Flashmaps is responsible for the Third Party Material in any respect whatsoever, then Flashmaps's terms and conditions for use of the Product, as specified herein, shall apply to the Third Party Material.