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End user license agreement for www.mightymap.comTM Pro

IMPORTANT-READ CAREFULLY: This Squarefeet.com LLC dba www.mightymap.com End-User License Agreement ("EULA") is a legal agreement between you, a single entity (hereinafter, "you" or "your"), and Squarefeet.com LLC dba www.mightymap.com, LLC, a New York limited liability company, whose address is 249 Empire Blvd, Brooklyn, NY 11225 (" www.mightymap.com") for the licensing of the www.mightymap.com Pro software application accompanying this EULA, which includes the computer software, all customization and modules added thereto, and may include associated media, printed materials, and "online" or electronic documentation made available specifically to you (the "SOFTWARE PRODUCT"). By using our web site or By clicking "I accept" and/or using the SOFTWARE PRODUCT, you are representing that you are authorized to enter into this EULA and that you agree to be bound by all terms of this EULA. If you do not agree to all terms of this EULA, or if you do not have authority to agree to the terms of this EULA, do not click "I accept", and do not use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

(1) GRANT OF LICENSE. This EULA grants you the limited, non-exclusive and non-transferable right to access and use the SOFTWARE PRODUCT, for the term of One (1) year Premium Service Membership at the price of $499.00, for a single end user, storage limits and in accordance with the other rules and limitations set forth in the TERM SHEET executed prior to, and associated with this EULA or until the Freemium Edition at no cost but otherwise subject to the terms of the EULA. This EULA specifically does not include the right for you to install or store the SOFTWARE PRODUCT on any storage device or devices, or a network server other than those owned, controlled, operated, and specifically authorized in writing by www.mightymap.com. This license for the SOFTWARE PRODUCT may not be shared or used concurrently. You as the executor of this document are the sole end user unless otherwise stipulated in writing. You shall be responsible for ensuring that each individual using the SOFTWARE PRODUCT has read, understands and complies with the terms of this EULA. In the event of a breach of this EULA by any of the individual users of the SOFTWARE PRODUCT, if you are not solely liable for such breach, you shall be jointly and severally liable for any and all damages and costs associated with such breach, regardless of your knowledge of the breach, intent of the breaching individual, or the employment status of the individual.

(2) TERMINATION. This EULA shall terminate immediately upon the earlier of the date of termination as stated in the TERM SHEET, receipt by you of written, telephonic and/or electronic notification from www.mightymap.com of its intent to terminate this EULA for cause (including, but not limited to, breach of the terms of the TERM SHEET or this EULA), or upon thirty (30) days advance written, telephonic or electronic notification to www.mightymap.com of your desire to terminate this EULA. Under no circumstance will www.mightymap.com be obligated to refund any amounts already paid by you.

(3) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
  • Not for Resale. You may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
  • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, de-compile, translate, disassemble, modify, or create derivative works of, or create modules for, the SOFTWARE PRODUCT, or any portion thereof, except and only to the extent that such activity is expressly compelled or permitted by applicable law.
  • Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts and functionalities may not be separated.
  • Rental. You may not rent, lease, exchange, distribute, sublicense or lend the SOFTWARE PRODUCT.
  • Publicity. In consideration of granting you this license, you hereby authorize www.mightymap.com to use your name, comments made by you, and the fact of your use of the SOFTWARE PRODUCT, in any and all advertising, marketing, sales and publicity efforts deemed appropriate by www.mightymap.com upon bank approval.
  • Storage of Data. Regardless of the method with which you access the SOFTWARE PRODUCT, or the data storage solution you choose, you shall have the sole responsibility and liability with respect to the storage and/or maintenance of your data and all other information you choose to use or store in the SOFTWARE PRODUCT. You may not store, use, create, distribute, move, process, or make available any data of an illegal, offensive or inappropriate nature on the SOFTWARE PRODUCT.
  • Indemnification. You shall release, hold harmless and indemnify www.mightymap.com, its owners, employees, vendors and contractors, for any and all claims, damages, injuries, or lawsuits, including actual attorneys' fees and costs, which arise from, are derived from, or are connected directly or indirectly to this EULA, the associated TERM SHEET, the SOFTWARE PRODUCT, or use thereof.
  • Termination. Without prejudice to any other rights herein, in law, or in the TERM SHEET, www.mightymap.com may terminate this EULA upon notice if you fail to comply with any of the terms and conditions of this EULA or the associated TERM SHEET. In such event, www.mightymap.com shall have no obligation to refund you any sums paid, and you must, in www.mightymap.com's sole discretion, return or destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
  • www.mightymap.com's Access. You hereby acknowledge, authorize and agree that www.mightymap.com, its employees, agents and/or sub-contractors, may access the SOFTWARE PRODUCT, the server on which you access the SOFTWARE PRODUCT, and the projects and data you enter into the SOFTWARE PRODUCT, for the purpose of providing technical support, ensuring your compliance with this EULA, and for determining the number of users of the SOFTWARE PRODUCT for billing purposes.
(4) TITLE AND PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, websites or other electronic media or materials related to the SOFTWARE PRODUCT, and any copies of the SOFTWARE PRODUCT are owned by www.mightymap.com or its suppliers. The SOFTWARE PRODUCT is protected by intellectual property laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other protected intellectual property. You may not copy the printed, electronic or online materials accompanying the SOFTWARE PRODUCT.

(5) Intentionally omitted.

(6) U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Squarefeet.com LLC dba www.mightymap.com, LLC, 31435 Stephenson Highway, Madison Heights, State of New York 48071 U.S.A.

(7) EXPORT NOTICE. You may not export or re-export the SOFTWARE PRODUCT in any form without the appropriate United States and foreign government licenses, permits or other required documentation. If any such licenses, permits or other documentation are required, you shall be solely responsible for obtaining them at your own cost prior to exporting or re-exporting the SOFTWARE PRODUCT. You are responsible for maintaining the security of the environment in which the SOFTWARE PRODUCT is used. None of the SOFTWARE PRODUCT or underlying information or technology may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing or using the SOFTWARE, you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any local laws, rules or regulations of your jurisdiction, or any jurisdiction in which you may use or access the SOFTWARE PRODUCT, that may impact your right to import, export or use the SOFTWARE PRODUCT. You shall be responsible and liable for any forms, filings, licenses and taxation relating to the performance by www.mightymap.com of its obligations under this EULA whenever and wherever created or imposed and without prejudice to the generality of the foregoing, which includes without limitation, profits tax, provisional profits tax, interest tax, property tax, capital duty, stamp duty, rates, customs and excise duties and generally any tax, duty, impost, levy, license or rate of any kind arising from www.mightymap.com's performance of its obligations under this EULA. In the event www.mightymap.com shall become liable for any such payments, filings, licenses or obligations, www.mightymap.com shall notify you of your obligations in writing or by electronic mail, and you shall comply by making all such payments or fulfilling such obligations within 5 business days or at such other time as is mutually agreed by the parties.

(8) MISCELLANEOUS. This EULA, and any action related to this EULA, shall be governed by the laws of the State of New York, without regard to its conflict of laws principles. The parties hereby submit to, and all disputes concerning or arising out of this EULA must be submitted to, the jurisdiction of the courts having jurisdiction over agreements among State of New York residents entered into and to be performed entirely within Kings County, State of New York. The parties agree that this EULA, the associated TERM SHEET, any documents mentioned in either of those two documents, any documentation concerning the customization of the SOFTWARE PRODUCT (if any), and any subsequent agreements accepted by the parties constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. If any provision or provisions of this EULA are held to be unenforceable, this EULA will continue in full force and effect without said provision. Should you have any questions concerning this EULA, or if you desire to contact www.mightymap.com for any reason, please contact the www.mightymap.com sales representative serving you, or write to www.mightymap.com at 31435 Stephenson Highway, Madison Heights, State of New York 48071 U.S.A.

(9) LIMITED WARRANTY. www.mightymap.com warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying, www.mightymap.com-approved written materials (if any) for a period of one hundred twenty (120) days from the date of receipt, and (b) any Support Services provided by www.mightymap.com shall be substantially as described in applicable written materials provided to you by www.mightymap.com (if any), and www.mightymap.com support professionals will make commercially reasonable efforts to solve any issues which may arise. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to one hundred twenty (120) days.

(10) CUSTOMER REMEDIES. www.mightymap.com offers no remedies. Product is sold and used sole at End Users risk. NO warranties of accuracy are implied or otherwise guaranteed. License is solely at your risk.

This Limited Warranty shall not apply if failure of the SOFTWARE PRODUCT resulted from accident, abuse, misapplication, force majeure, acts that would constitute a violation of this EULA, or any flaws, "bugs", viruses, or failures of the Internet or any third party hardware or software either used by, incorporated into or relied upon by the SOFTWARE PRODUCT. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by www.mightymap.com are available without proof of payment of the License Fee.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WWW.MIGHTYMAP.COM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. WWW.MIGHTYMAP.COM AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH SERVICE, THIRD PARTY SOFTWARE, HARDWARE OR THE SERVER(S) THAT MAKE(S) THE SOFTWARE PRODUCT AVAILABLE, AREFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WWW.MIGHTYMAP.COM, ITS AGENTS, EMPLOYEES, OWNERS, OFFICERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,DIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WWW.MIGHTYMAP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WWW.MIGHTYMAP.COM'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$500.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A WWW.MIGHTYMAP.COM SUPPORT SERVICES AGREEMENT OR AN AGREEMENT CONCERNING MODIFICATIONS TO THE SOFTWARE PRODUCT, WWW.MIGHTYMAP.COM'S ENTIRE LIABILITY REGARDING THOSE SERVICES AND PRODUCTS SHALL BE GOVERNED BY THE TERMS OF THOSE AGREEMENTS. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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