“End User Licence Agreement”
PHOTOSCAPE 3D
IMPORTANT – TERMS OF USE – PLEASE READ
CAREFULLY
This
End User Licence Agreement (“EULA”) is a legal agreement between you (an individual,
organisation or legal entity) and Getmapping PLC (‘we’ or ‘us’) for the software
product stated above, including but not limited to all associated media, printed
materials, electronic or online documentation, updates and supplements to the
original (the “Product”). Any other data/software supplied to you by Getmapping
PLC or its suppliers (Intermap Technologies Inc., Bluesky International Ltd., or
McCarthy Taylor Systems Ltd.) and provided originally with a separate user
licence is licensed under the terms of that licence.
AGREEMENT
By breaking the security seal or otherwise using the Product,
you agree to be bound by the terms of this EULA. If you do not agree to the
terms contained herein, you should NOT break the seal, install, download,
access or otherwise use the Product. However you may return the Product within
a period of twenty-eight (28) days of purchase fully intact and in its original
packaging to the place from which you purchased it, along with proof of
purchase, for a full refund.
1. LICENCE
1.1 This Product
is copyright Getmapping PLC and its suppliers (Intermap Technologies Inc.,
Bluesky International Ltd., and McCarthy Taylor Systems Ltd.) and is protected
by copyright laws and international copyright treaties and may not be used in
any way except in accordance with this EULA. This Product is licensed, NOT
sold.
1.2 This licence is applicable
to you as the purchaser of the Product and the licence granted herein is for your benefit only.
2. PERMITTED USE
The permitted use depends on the version of the Product purchased. The Product is assumed to be
for Personal use only unless the Product cover or proof of purchase clearly states that the Product
is for Professional or Educational use.
2.1 Personal Use
2.1.1 As purchaser of a copy of the Personal
Use Product, you may, subject to the conditions contained herein, load one (1) of the forty-seven
(47) geographic areas outlined within the Product (hereinafter referred to as a “Region”) from the
Product onto a single computer that is exclusively under your control. Limited time access is
permitted to ensure that the desired Region has been installed successfully.
To fully activate the Product you must follow the program instructions
and register online.
2.1.2 The Personal Use Product is limited to
that one computer whilst that computer remains in its current state. Any major change to the computer,
such as replacing the hard disk, will result in the computer being considered a different computer and
therefore the installed Product will be de-activated.
2.1.3 You may install an extra Region (or Regions)
on the same or any other computer exclusively under your control as long as you make an online payment
for every extra Region and treat that purchase as part of the Product. The use of any extra Regions
purchased by you in accordance with this clause 2.1.3 shall be subject to the terms of this EULA.
2.1.4 The Personal Use Product is for private
use only and as such it is not permitted to be used for any commercial, business or professional purpose
whatsoever.
2.1.5 Any images printed from the Product are for
your personal use only.
2.2 Professional Use
2.2.1 As purchaser of the Professional Use Product,
you may, subject to the conditions contained herein, load a number Regions from the Product onto one
or more computers exclusively under your control.
To fully activate the Product you must follow the program instructions and register online.
2.2.2 The operation of the Product is controlled
by a hardware device (hereinafter referred to as a “Dongle”). This device controls the number of concurrent
users and the number of different regions accessible.
2.2.3 You may add extra concurrent users and / or
Regions to the Product as long as you make an online payment for the extras and treat that purchase as
part of the Product. Use of the Product by the extra users or the use of the extra Regions shall be subject
to the terms of this EULA.
2.2.4 Any image derived or printed from the Product
is only to be used in support of the purchaser’s business. The reproduced image must acknowledge the
Product and state that the photography is the copyright of GetMapping PLC. You are not allowed to make
more than 10 reproductions of each image unless you have purchased a Reproduction Licence from the
Photoscape Partners that specifies sufficient reproduction quantity for this and any other images. For
the avoidance of doubt, the image shall not be resold, used for public broadcast, general publication
or distributed via the Internet without an appropriate Reproduction Licence.
Please contact us by emailing support@photoscape3d.com if
a Reproduction Licence or clarification is required.
2.3 Educational Use
2.3.1 As purchaser of the Educational Use Product,
you may, subject to the conditions contained herein, load a number Regions from the Product onto one or more
computers exclusively under your control.
To fully activate the Product you must follow the program instructions and register online.
2.3.2 The operation of the Product is controlled by a
hardware device (hereinafter referred to as a “Dongle”). This device controls the number of concurrent users
and the number of different regions accessible.
2.3.3 You may add extra concurrent users and / or
Regions to the Product as long as you make an online payment for the extras and treat that purchase as part
of the Product. Use of the Product by the extra users or the use of the extra Regions shall be subject to
the terms of this EULA.
2.3.4 Any image derived or printed from the Product
is only to be used in support of your educational purposes. The reproduced image must acknowledge the Product
and state that the photography is the copyright of GetMapping PLC. You are not allowed to make more than 10
reproductions of each image unless you have purchased a Reproduction Licence from the Photoscape Partners
that specifies sufficient reproduction quantity for this and any other images. For the avoidance of doubt,
the image shall not be resold, used for public broadcast, general publication or distributed via the Internet
without an appropriate Reproduction Licence.
A Reproduction Licence is not required if the image is part of your or your student’s coursework or research
(and is not sold) or part of an article promoting the use of Photoscape 3D within your Education establishment.
Please contact us by emailing support@photoscape3d.com if
a Reproduction Licence or clarification is required.
3. RESTRICTIONS ON USE
You may not:
3.1 sub-licence, assign, rent, lease or transfer
the licence or the Product or make or distribute copies of the Product, or any part thereof;
3.2 translate, reverse engineer, de-compile,
disassemble, modify or create derivative works based on the software or any other part of the Product,
except as permitted by law;
3.3 make copies of the software or any other part of
the Product;
3.4 use the data to create any value added product
or service.
3.5 sell, distribute or produce images electronically
or in printed form except where such usage is permitted in clause 2.
4. TITLE
As licensee you own only
the case containing the Product. You may retain the case on termination of this
EULA provided the DVDs and other media are destroyed. We shall at all times
retain ownership of the software and all other elements of the Product.
5. WARRANTY
5.1 We warrant that for a period of twenty-eight (28) days
from the date of purchase (‘the Warranty Period’):
5.1.1 the medium on which the Product is recorded will be free from defects in materials and workmanship
under normal use. If the DVD fails to conform to this warranty, you may, as your sole and exclusive remedy,
obtain a replacement free of charge by contacting us via www.photoscape3d.com within the Warranty Period.
We reserve the right to request you to return the defective DVD to us with a dated proof of purchase, and;
5.1.2 the copy of the Product in this package will materially conform to the documentation that accompanies
the product. If the product fails to operate in accordance with this warranty, you may, as your sole and
exclusive remedy, contact us via www.photoscape3d.com during the Warranty Period specifying the problem.
If we accept your claim we will, at our discretion, either correct the problem free of charge or give you a
full refund. For a full refund we will require the return of the Product and the documentation to us, along
with dated proof of purchase. The warranty detailed in this clause 5.1.2 shall not apply if your computer does
not meet the minimum specification stated on the cover of the Product.
5.1.3 the Dongle protecting the Professional and Education versions of the Product will be free from defects
in material and workmanship under normal use. If the Dongle fails to conform to this warranty, you may, as
your sole and exclusive remedy, obtain a replacement free of charge by contacting us via www.photoscape3d.com
within the Warranty Period. Beyond the Warranty Period the replacement of a Dongle will be at our discretion
and may incur a charge to cover the cost of replacement. We reserve the right to request you to return the
defective Dongle to us with a dated proof of purchase.
5.2 This warranty does not cover any part of the Product
that is lost or stolen nor does it cover any part damaged due to inappropriate use or carelessness.
6. DISCLAIMER
We do not warrant that
this Product will meet your requirements or that its operation will be
uninterrupted or error free. We exclude and hereby expressly disclaim all
express and implied warranties or conditions not stated herein, so far as such
exclusion is or disclaimer is permitted under the applicable law.
THIS
AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
7. LIABILITY
Our
liability to you for any losses shall not exceed the amount you originally paid
for the Product.
7.1 In
no event will we be liable to you for any indirect, incidental or consequential
loss or damages whatsoever even if we have been advised of the possibility of
such damages. In particular, we accept
no liability for any programs or data made or stored with the Product nor for
the costs of recovering or replacing such programs or data.
7.2 Nothing
in this clause limits or excludes our liability to you in the event of death or
personal injury resulting from our negligence.
8. TERMINATION
The
EULA and the licence hereby granted to use the Product automatically
terminates if you:
8.1 fail
to comply with any provisions of this EULA; or
8.2 destroy
the copies of the Product in your possession; or
8.3 voluntarily
return the Product to us.
In the event of termination in accordance with Clause 8 you must destroy or delete all
copies of the Product from all storage media in your presence.
9. SEVERABILITY
In the event that any
provision of this EULA is declared by any judicial or other competent authority
to be void, voidable, illegal or otherwise unenforceable or indications of the
same are received by either you or us from any relevant competent authority, we
shall amend that provision in such reasonable manner as achieves the intention
of the parties without illegality, or at our discretion such provision may be
severed from this EULA and the remaining provisions of this EULA shall remain
in full force and effect.
10. ENTIRE AGREEMENT
You have read and
understand this EULA and agree that it constitutes the complete and exclusive
statement of the agreement between you and Getmapping PLC with respect to the
subject matter hereof and supersedes all proposals, representations,
understandings and prior agreements, whether oral or written, and all other
communications between us relating thereto.
11. ASSIGNMENT
This EULA is applicable to you and you may not assign, transfer, sub-contract
or otherwise part with this EULA or any right or obligation under it without our
prior written consent.
12. LAW AND DISPUTES
This EULA and all
matters arising from it are governed by and construed in accordance with the
laws of England and Wales whose
courts shall have exclusive jurisdiction over all disputes arising in
connection with this EULA.
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