Terms and Conditions
SOFTWARE LICENSE AGREEMENT FOR EARTHPLAT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE EARTHPLAT SOFTWARE. BY USING THE EARTHPLAT SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE, YOU MAY CLICK "DISAGREE/DECLINE". DO NOT USE THE SOFTWARE.
1. Permitted License Uses and Restrictions. Subject to these Terms and Conditions, EarthPlat, (the "Licensor") grants to you a limited, non-exclusive, non-transferable, non-assignable license for use of the Software on the EarthPlat’s website (collectively, “the Software”). The use of the Software distributed with this agreement is for use on a single computer and for use by a single concurrent user only and solely provided that you adhere to all of the terms and conditions of this Agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Licensed Works or any Intellectual Property Rights of Licensor. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the EarthPlat Software or any part thereof. Such license shall be, at EarthPlat’s sole discretion, annual, quarterly or monthly and is conditioned upon the receipt by EarthPlat full payment for the terms specified but shall be terminable as provided in these Terms and Conditions. THE EARTHPLAT SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
2. Consent to Use of Data. By installing this software, you agree that this Agreement is a legally binding and valid contract. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement, and further agree to take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any person or entity under your control or in your service.
3. Use of this product, EarthPlat, constitutes acceptance of this Terms and Conditions as well as Google’s Terms and Conditions at: http://www.google.com/accounts/TOS?hl=en
and Google Earth’s Terms and Conditions at: http://www.google.com/accounts/TOS?hl=en&loc=US
4. Title Not Transferred. These terms do not transfer title of the Software to you. The rights granted herein are limited to certain EarthPlat, LLC rights and do not include any other patents or other intellectual property rights. EarthPlat, LLC retains full and complete title to the Software and all intellectual property rights therein.
, which may be updated from time to time and without notice. Information collected by EarthPlat in connection with your use of the Software may be stored and processed in the United States. You acknowledge and agree that EarthPlat may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms and Conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of EarthPlat, its users, and the public. EarthPlat will not be responsible or liable for the exercise or non-exercise of rights under these Terms and Conditions.
6. U.S. Government Restricted Rights. The Software and any related documentation are deemed "commercial computer software" and "commercial computer software documentation," respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. If the user of the Software is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms and Condition. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the Software is further restricted by these Terms and Conditions.
7. Export Restrictions. The Software may be subject to export controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) ( U. S. Bureau of Industry and Security
) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re-export, directly or indirectly, the Software to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, (iii) not export, or re-export the Software to any military entity not approved under the EAR, or to any other entity for any military purpose, and (iv) not license, sell, provide or distribute the Software for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.
8. Compliance with Laws and EarthPlat Policies.
You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software. You agree to comply with any applicable policies or guidelines that EarthPlat may make available from time to time in its sole discretion. By way of example, and not as a limitation, you agree that when using the Software, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
restrict or inhibit any other user from using and enjoying EarthPlat services;
use EarthPlat services for any illegal or unauthorized purpose;
remove any copyright, trademark or other proprietary rights notices contained in or on EarthPlat services;
interfere with or disrupt EarthPlat services or servers or networks connected to EarthPlat services, or disobey any requirements, procedures, policies or regulations of networks connected to EarthPlat services;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of EarthPlat services or collect information about users for any unauthorized purpose; •submit Content that falsely expresses or implies that such Content is sponsored or endorsed by EarthPlat;
create user accounts by automated means or under false or fraudulent pretenses;
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
9. Termination. These terms are effective until terminated by either party. You may terminate these Terms and Conditions at any time by notifying EarthPlat in writing either to our mailing address at P. O. Box 758, Arcadia, FL 34265 or our email address at firstname.lastname@example.org
and requesting termination at least 5 days prior to your next billing period. Your rights automatically and immediately terminate without notice from EarthPlat if you fail to comply with any provision of these Terms and Conditions. In such event, your Key Code will immediately be deactivated. To the maximum extent permitted by law, EarthPlat reserves the right to terminate this agreement at any time and for any reason.
10. Jurisdiction. We operate from DeSoto County, Florida offices. We make no representation that the Software is appropriate or available for use in any particular location. Those who choose to use the Software do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Florida, as applied to agreements entered into and to be performed entirely within Florida between Florida residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 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
12. Indemnify. You agree to hold harmless and indemnify EarthPlat and its subsidiaries, affiliates, officers, members, agents and employees from and against any claim, suit or action arising from or in any way related to your use of the Software or your violation of these Terms and Conditions, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, EarthPlat will provide you with written notice of such claim, suit or action.
13. Disclaimer of Warranties. You expressly understand and agree that: a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARTHPLAT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) EARTHPLAT MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, AND (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. d) NONE OF THE SOFTWARE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EARTHPLAT OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EARTHPLAT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EARTHPLAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SOFTWARE; (II) THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Exclusions and Limitations. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS Disclaimer of Warranties AND Limitation of Liability WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND EARTHPLAT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Entire Agreement. These terms shall be governed by and construed in accordance with the laws of DeSoto County, Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts located in DeSoto County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
17. Miscellaneous Provisions. a) Statute of Limitations – You 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 the Software or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. b) Headings – The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.