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LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
No Consequential Damages. IN NO EVENT SHALL DELORME BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT
NOT LIMITED TO, LOSS OF REVENUES OR PROFITS EVEN IF DELORME HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Implied Right of Use. Please note that there may be private in-holdings within
the boundaries of land indicated or designated by the data included in the System as
public. Nothing in this Agreement grants the use of, or is intended to imply the right
to use, private property. You should respect all landowner restrictions. You are
responsible for your own safety and for the consequences of your actions in your use
of the data.
TERMINATION AND TRANSFER
DeLorme may terminate this Agreement at any time for any reason including, but
not limited to, if DeLorme finds that you have violated any of the terms of this
Agreement or that you have attempted to exceed the licensed uses in any way.
Termination will be effective upon written notice to you. Upon termination of this
Agreement, you agree to promptly return all copies of the System, documentation,
and other materials furnished to you or made by you, including unauthorized copies.
Termination is in addition to and not in lieu of any other remedies available to
DeLorme. All provisions relating to property rights shall survive termination. You are
not authorized to transfer your rights under this Agreement.
OTHER
This Agreement contains the complete understanding between the parties and
supersedes and replaces any prior or contemporaneous agreement or understanding,
whether oral or written, with respect to its subject matter. This Agreement shall be
governed by the laws of the State of Maine, applicable to agreements wholly
executed and wholly performed in Maine. Any action relating to this Agreement shall
be brought in federal or state court in Maine and the parties consent to the personal
jurisdiction of either such court.
U.S. Government Rights in Commercial Software
Use, duplication, or disclosure by the Government of all parts of the System except
any USGS data is subject to restrictions set forth in the commercial computer
software license agreement under which the software is delivered by DeLorme and
as provided in DFARS 227.7202-1(a) and 227.7202-3(a) or DFARS 227.225-7013
(OCT 1988), as applicable, or FAR 12.212(a), FAR 52.227-14 or FAR 52.227-19, as
applicable.
Copyright © 2009 DeLorme.