This is a legal agreement between you, the end user, and Digital
Wisdom® Incorporated ("DWI").
Digital Wisdom® provides the Mountain
High Maps® USA Relief digital Map Images and licenses their use. You
assume responsibility for the selection of these Map Images to
achieve your desired results, and for the installation, use and
results from these Map Images.
Definitions
"Map Images" shall mean the Mountain High Maps® USA Relief
digital map images and any accompanying documentation, in the form
delivered to you including any upgrades furnished by DWI.
"Commercial Use" shall mean a publication that is made available
to the general public for either free or paid circulation in
excess of one hundred (100) copies, or broadcast or disseminated
by television, film, digital or electronic media to the general
public.
License
A: The Map Images media are licensed for use on a single workstation
and may not be copied or transmitted for modification at remote
locations within an organization or corporation without the express
permission, in writing, of DWI. Multiple site licenses and network
licenses are available from DWI.
B: You may not copy or transmit in any machine readable form the
Map Images except as expressly provided for in this agreement.
C: You must reproduce and include this copyright notice on any
machine readable copy.
D: You must pre-register with DWI before making any Commercial
Use of the Map Images. Pre-register using the enclosed License &
Warranty Registration postcard. There is no charge for registration.
E: Any copies of the Map Images made by you
for Commercial Use must
acknowledge the copyright as follows unless you have received written
permission from DWI to waive this requirement:
Mountain High Maps® USA Relief Copyright © Digital Wisdom®, Inc.
F: You may make a temporary copy if you intend to output Map Images
by means of an output device owned or operated by a third party, such
as a service bureau's image setter - such copies must be destroyed
upon completion of the production cycle.
G: You may not use the Map Images to form the basis of a Commercial
Use Atlas publication or a Commercial Use Electronic Atlas unless DWI's
permission has been obtained in writing prior to use. Atlas restrictions also
apply to electronic media - the map images should not exceed 25 screens
and be less than 25% of the total screen content of your project. Please consult with
Digital Wisdom for additional licensing
if you wish to exceed this limit.
H: Newspaper and magazine publishing groups must purchase individual
sets of Map Images for each title in which they are to be reproduced
for Commercial Use. Book and Multimedia publishers may use one license
to create up to five (5) titles. Contact DWI for licensing terms in
excess of five (5) titles.
I: Map Images may not be syndicated for use in any form unless
DWI's permission has been obtained in writing prior to syndication.
"Syndication" shall mean Map Images that are supplied or sold through
a syndicate for publication in a number of publications or programs
in any media, whether simultaneously or otherwise. In some certain
circumstances further fees may be payable.
J: If you are an independent designer or cartographer, or are an
independent design group, and your job is to supply, design and/or
provide cartographic services to a third party on a fee basis, you
may customize the Map Images for the purpose of supplying such a
service to any of your clients (subject to all other conditions
contained in this license agreement), the provision of customized
Map Images being limited to 10 (ten) Map Images per client.
In excess of ten images, each applicable client is required to purchase a set
of Map Images, use of which is subject to this same license agreement.
K: Map Images may not be resold or given away or bartered as
individual images or as a set of images in the form of clip art
collections or as clip art.
L: Map Images may be used in advertising and promotional matter,
provided they have been modified, enhanced or customized to convey
your specific message.
M: Map Images may be used in postcard, T-shirt or poster form
providing they are used as a component within a larger image, not
exceeding 25% of the surface area of the total image size. In formats
exceeding 25% of the image area, one license of the Map Images
permits one-time use up to 5,000 T-shirts or posters, and up to
10,000 copies of postcards.
N: Map Images may be used within a Multimedia title, provided
(i) the Atlas limitation of a maximum title content use of 25% is
complied with, (ii) the Map Images are customized to the specific
purpose of the title by addition of text, symbols and other graphics, and (iii) no Map
Images may be stored within the media in such a manner that third
parties could directly access the Map Images. One copy
of the Map Images is licensed up to 10,000 copies of one multimedia
title; for production volumes in excess of 10,000, additional
licenses or a separate royalty based license will be required.
O: Map Images prepared for transmission by television and broadcast
media may be rebroadcast by branch stations within a single broadcasting
network provided that the Map Images supplied to the branch station are
rebroadcast "as is" - that is, without further manipulation being
carried out by the branch station. Additional licenses are required
in circumstances where Map Images are prepared by separate departments
within a broadcasting network for any Commercial Use by that network.
P: Television "Superstations" or "International" networks
transmitting Map Images via satellite or wide area distribution
systems are licensed at one product license per 10 (ten) US States
or one license per every 5 (five) countries of targetted audience
coverage.
Q: Map Images may not be stored, transmitted or received from any
online service, bulletin board service, Internet site or similar
service other than a sample Map Image specifically authorized by DWI.
R: Map images are licensed for a single domain web site.
S: The licensed use of the Map Images is revoked if the
contract payment terms are not completed.
Term
Your license is effective until terminated. You may terminate
it at any other time by destroying the media, documentation and all
its copies. It will also terminate upon conditions set forth elsewhere
in this agreement or if you fail to comply with any term or condition
specified within this agreement it will terminate automatically without
notice.
Limited Warranty
DWI does not warrant that
the Map Images will meet your requirements or that the operation of
the media will be uninterrupted or error free, or that the coverage
of the Map Images will be consistent and complete. However, DWI
warrants the media on which the Map Images are furnished, to be free
from defects in materials and workmanship under normal use for a
period of ninety (90) days from the date of delivery to you as
evidenced by a copy of your receipt. THE MAP IMAGES MEDIA IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK AS TO THE QUALITY, ACCURACY AND PERFORMANCE OF THE MAP IMAGES
IS WITH YOU. SHOULD THE MAP IMAGES PROVE DEFECTIVE THROUGH INACCURACY
OR OTHERWISE, YOU (AND NOT DWI OR AN AUTHORIZED RESALE DEALER) ASSUME
THE ENTIRE COST OF ALL NECESSARY CORRECTION.
Limitation of Remedies
DWI's entire liability and your exclusive
remedy shall be:
1. The replacement of any media not meeting DWI's "Limited Warranty"
and which is returned to DWI or to an authorized resale dealer with a
copy of your receipt, or
2. If DWI or the dealer is unable to deliver replacement media free
of defects in material or workmanship, you may terminate this Agreement
by returning the media and your money will be refunded.
IN NO EVENT WILL DWI BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING
ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH MAP IMAGES
EVEN IF DWI OR ANY AUTHORIZED DWI DEALER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.
General
You may not sublicense, assign or transfer the license
or the Map Images. Any attempt otherwise to sublicense, assign or
transfer any of the rights, duties or obligation hereunder is void.
The Map Images, the Mountain High Maps® USA Relief product and its
accompanying documentation are copyrighted. You may colorize,
digitally manipulate, add other graphic elements to, or otherwise
modify the Map Images but in full realization that the Map Images
remain copyrighted in such modification. If you make unauthorized
copies of the Map Images this Agreement is terminated and you will
be held legally responsible for any copyright infringement.
This Agreement shall be governed by the laws of the Commonwealth
of Virginia of the United States of America, without regard to the
conflict of law rules thereof; except in matters relating to copyright,
which shall be governed by the federal laws of the United States of
America.
Should you have any questions concerning this Agreement, desire
to register for Commercial Use, desire to request permission for a
variation to this Agreement, desire to request special Map Images
enhanced services, or wish to report a breach of copyright, you
may contact:
Digital Wisdom®
Inc., P.O.Box 11, Tappahannock, Virginia 22560-0011, U.S.A.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER
AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT
BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL
OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO
THE SUBJECT MATTER OF THIS AGREEMENT.
Mountain High Maps® USA Relief
digitally encoded map images Copyright © Digital
Wisdom®, Inc.
ALL RIGHTS RESERVED Version 8
