Please read this entire GPS Maps License Agreement (“Agreement”).
INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ITS TERMS. IF YOU DISAGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, AND WISH NOT TO BE BOUND BY THESE TERMS, PLEASE RETURN THE PRODUCT (IN THE PRODUCT’S ORIGINAL PACKAGING) TO THE RETAIL OUTLET WHERE PURCHASED FOR A REFUND, OR CONTACT MONTANA MAPPING & GPS, LLC DIRECTLY.
License
Subject to the terms and conditions of this Agreement, Montana Mapping & GPS, LLC grants to You a personal, limited, non-exclusive, nontransferable license to use the Product consisting of Data Files on a memory card on one GPS unit, reader or like electronic device, at a time.
Except as expressly permitted under this Agreement, You will not, and will not allow any third party to: (a) copy the Data Files (except for 1 copy for backup and disaster recovery) (b) modify, translate, adapt, alter, or create derivative works from the Data Files; (c) merge the Data Files with any other software or documentation; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Data Files; (e) distribute, sublicense, rent, lease or loan the Data Files to a third party; or (f) use the Data Files for business needs of another person or entity, including without limitation, providing outsourcing, service bureau, application service provider or on-line services to third parties. You may not remove, alter or obscure any proprietary notice that appears on the memory card or within the Data Files (or on any copies made in accordance with this Agreement).
The Data Files are licensed, not sold, to You for use solely subject to the terms and conditions of this Agreement. The Data Files and all worldwide intellectual property and proprietary rights therein and relating thereto, are and will remain the exclusive property of Montana Mapping & GPS, LLC or its licensors, if any. You will have no right, title or interest in or to the Data Files or any Intellectual Property Rights (as defined below) therein or thereto. Montana Mapping & GPS, LLC retains all rights, titles, and interests in trademarks and logos of Montana Mapping & GPS, LLC displayed on or in the Data Files. You agree not to challenge or contest Montana Mapping & GPS, LLC 's rights to or ownership of, or otherwise attempt to assert any rights in, the Data Files. "Intellectual Property Rights" means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights.
The term of this Agreement will begin on the purchase date of this Product and, unless earlier terminated as set forth in this Agreement, will continue indefinitely. You may terminate this Agreement at any time by providing notice to Montana Mapping & GPS, LLC. This Agreement will also automatically terminate if You breach a material term of this Agreement. Upon any termination of this Agreement, You agree to immediately cease all use of the Data Files, destroy all copies of the Data Files, and, upon the request of Montana Mapping & GPS, LLC, certify in writing Your compliance with the terms and conditions of this paragraph.
You may not assign, delegate or otherwise transfer this Agreement or any of Your rights or obligations under this Agreement without prior written consent of Montana Mapping & GPS, LLC. Unless specifically authorized in writing by Montana Mapping & GPS, LLC, assignment of this Agreement will not release You from any prior outstanding obligation under this Agreement or allow You or Your assignee to expand the number of installations of the Data Files authorized under this Agreement.
Warranty Disclaimer
You acknowledge notice that the Data Files and data contained therein may contain known or unknown errors and inconsistencies. Any conclusions drawn from such data are Your responsibility.
The accuracy of the data used to create these maps varies greatly. These maps are to be used for reference, recreational, and entertainment purposes only. Montana Mapping & GPS, LLC is not responsible for any inaccuracies and no responsibility is assumed for damages or other liabilities due to the accuracy, availability, use or misuse of the data presented.
It is Your responsibility to use the Data Files and data appropriately and within the limitations of geospatial data in general, and these data in particular. You are responsible for using this product prudently and must visually verify boundaries, roads, and streets. This product is for recreational and entertainment use only, and may be used by private parties for general reference and planning. This product should not be used for any purpose requiring precise measurement of direction, distance, or location. MONTANA MAPPING & GPS, LLC PROVIDES THE PRODUCT, DATA FILES AND DATA ON AN “AS IS”, “AS AVAILABLE” BASIS. OTHER THAN AS EXPLICITLY STATED IN THIS AGREEMENT, MONTANA MAPPING & GPS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MONTANA MAPPING & GPS, LLC DOES NOT WARRANT THAT THE DATA FILES AND DATA WILL BE UP-DATED OR ERROR-FREE AND DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING AVAILABILITY OF A GPS SERVICE, SERVICE LEVELS OR PERFORMANCE OF ANY GPS UNIT IN ASSOCIATION WITH THE DATA FILES. MONTANA MAPPING & GPS, LLC WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, MONTANA MAPPING & GPS, LLC’S PRODUCT, DATA FILES AND DATA.
Limitation of Liability
YOU ACKNOWLEDGE THAT ANY DAMAGES ARISING FROM THE USE OF THE PRODUCT, DATA FILES AND DATA (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, TRESPASS (CIVIL OR CRIMINAL), WRONGFUL DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF MONTANA MAPPING & GPS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHER FORESEEABLE DAMAGES) ARE LIMITED BY THIS AGREEMENT. IN NO EVENT WILL MONTANA MAPPING & GPS, LLC, OR ANY AGENCY PROVIDING DATA, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (SPECIAL OR OTHERWISE) SUFFERED BY YOU OR ANY OTHER PERSON OR ENTITY WHETHER FROM USE OR DISTRIBUTION OF THE PRODUCT, ANY FAILURE THEREOF OR OTHERWISE. MONTANA MAPPING & GPS, LLC’S MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES RESULTING FROM USE, OPERATION OR RELIANCE UPON THIS PRODUCT, WHETHER ARISING FROM CLAIMS IN TORT, CONTRACT, STRICT LIABILITY, STATUTORY, COMMON LAW OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT.
Land ownership may change at any time. Public land may be bought or sold. Customers are advised to compare the latest paper maps to those depicted by the use of the Product Data Files on a GPS device and/or confirm current boundaries with local, state and federal authorities. Always obey property line postings and use common sense to visually verify boundaries.
This Agreement is the entire agreement between Montana Mapping & GPS, LLC and You regarding the Montana Mapping & GPS, LLC Service. Any dispute arising from or related to this Agreement will be governed by the laws of the State of Montana without regard to conflict of law principles. Exclusive venue of any such dispute will be the state or federal courts located in Missoula, MT, and You agree to the personal jurisdiction of those courts for such purposes. The failure of Montana Mapping & GPS, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable.
Garmin and MapSource are the registered trademarks of Garmin International, Inc. or its subsidiaries.
Copyright (C) 2010 Montana Mapping & GPS, LLC. NO COPYRIGHT IS CLAIMED IN ANY ORIGINAL GOVERNMENT WORKS.