WAYPOINT LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This License Agreement is a legal agreement between You and Vendor. Read it carefully before completing the installation process and using the GotWaypoints.com data. It provides a license to use the GotWaypoints.com data and contains warranty information and liability disclaimers. BY INSTALLING, COPYING OR OTHERWISE USING THE GOTWAYPOINTS.COM DATA, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE GOTWAYPOINTS.COM DATA AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT.
The GotWaypoints.com data is owned by Vendor and/or its licensors and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. THE GOTWAYPOINTS.COM DATA IS LICENSED FOR INDIVIDUAL USE AND NOT TO BE USED FOR NAVIGATIONAL PURPOSES. ITS USE IS SOLELY INTENDED FOR ENTERTAINMENT PURPOSES. YOUR PURCHASE IS LIMITED TO THE RIGHT TO USE THE GOTWAYPOINTS.COM DATA FOR YOUR OWN INDIVIDUAL USE. THE DATA REMAINS THE PROPERTY OF THE VENDOR.
1. DEFINITIONS.
"Vendor" means Collier County Marina, Inc., owner of GotWaypoints.com.
"You", "Your" means you, a single use purchaser.
" GotWaypoints.com data " means the product provided to You, which includes GPS Waypoints and may include associated media, printed materials and "online" or electronic documentation.
2. OWNERSHIP.
GotWaypoints.com is owned and copyrighted by Vendor and/or its licensors. Your license confers no title or ownership in the Waypoint and is not a sale of any rights in the GotWaypoints.com data.
3. GRANT OF LICENSE.
Vendor grants You the following rights provided You comply with all terms and conditions of this agreement. For each license You have acquired for the Waypoint:
You are granted a non-exclusive right to use and install ONE copy of the Waypoint on ONE GPS Navigation System.
You may make ONE copy for backup or archival purposes.
4. RESTRICTED USE.
You agree to use reasonable efforts to prevent unauthorized copying of the GotWaypoints.com data.
You may not disable any licensing or control features of the GotWaypoints.com data.
You may not share, rent, or lease Your right to use the GotWaypoints.com data.
You may not modify, sublicense, copy, rent, sell, distribute or transfer any part of the GotWaypoints.com data except as provided in this Agreement.
You may not reverse engineer, decompile, translate, create derivative works, decipher, decrypt, disassemble, or otherwise convert the GotWaypoints.com data to a more human-readable form for any reason.
You will return or destroy all copies of the GotWaypoints.com data and generated content (if applicable) if and when Your right to use it ends.
You may not use the GotWaypoints.com data for any purpose that is unlawful.
5. 3RD PARTY SERVICES.
This GotWaypoints.com data may make use of, or have the ability to make use of, link to, or integrate with 3rd party content or services. The availability of the content or services is at the sole discretion of the 3rd party service providers and may be subject to usage agreements and other restrictions. You agree to indemnify and save harmless Vendor and its licensors from all claims, damages, and expenses of whatever nature that may be made against Vendor and its licensors by 3rd party content and service providers as a result of Your use of the GotWaypoints.com data.
6. WAYPOINT DISTRIBUTION.
The GotWaypoints.com data is distributed in a packed zip file or a single .gpx file via dowload login in its default layout with the features and functions.
7. CODE MODIFICATIONS.
3rd party modifications prohibited without permission of Vendor (this does not include localizations). We do not offer free support for 3rd party code modifications and we may decline to support if the problem is a result of the modification.
10. REFUND POLICY.
We do not refund for the following reasons:
Refunds are NOT given if server specifications does not meet requirements as listed on our corresponding product info page.
Refunds are NOT given for unsuitability to a webserver requirement for which the requirements are clearly listed on the product site.
Refunds are NOT given for installation fees or other non-product labor costs.
11. TERMINATION.
Vendor may terminate Your license if You do not abide by the license terms. Termination of the license may include, but not be limited to, marking the Product ID as invalid to prevent further installations. Upon termination of license, You shall immediately discontinue the use of the Waypoint and shall within ten (10) days return to Vendor all copies of the Waypoint or confirm that You have destroyed all copies of it. Your obligations to pay accrued charges and fees, if any, shall survive any termination of this Agreement. Vendor's third party licensors may protect their rights in the event of any violation of the terms and conditions of this license. You agree to indemnify Vendor and its licensors for reasonable attorney fees in enforcing its rights pursuant to this license.
12. DISCLAIMER OF WARRANTY.
The GotWaypoints.com data is provided on an "AS IS" basis, without warranty of any kind, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non- infringement. The entire risk as to the quality and performance of the GotWaypoints.com data is borne by You. Should the GotWaypoints.com data prove defective, You, not Vendor or its licensors, assume the entire cost of any service and repair. If the GotWaypoints.com data is intended to link to, extract content from or otherwise integrate with a third party service, Vendor makes no representation or warranty that Your particular use of the GotWaypoints.com data is or will continue to be authorized by law in Your jurisdiction or that the third party service will continue to be available to You. This disclaimer of warranty constitutes an essential part of the agreement.
13. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VENDOR OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE OR ECONOMIC LOSSES. IN NO EVENT WILL VENDOR OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID TO LICENSE THE GOTWAYPOINTS.COM DATA, EVEN IF YOU OR ANY OTHER PARTY SHALL HAVE INFORMED VENDOR OR ITS LICENSORS OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM. NO CLAIM, REGARDLESS OF FORM, MAY BE MADE OR ACTION BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE BASIS FOR THE CLAIM BECOMES KNOWN TO THE PARTY ASSERTING IT.
14. APPLICABLE LAW.
This license shall be interpreted in accordance with the laws of the state of Florida, USA. Any disputes arising out of this license shall be adjudicated in a court of competent jurisdiction in the state of Florida, USA.
15. GOVERNING LANGUAGE.
Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
16. ENTIRE AGREEMENT.
This license constitutes the entire agreement between the parties relating to the GotWaypoints.com data and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this license. Any conflict between the terms of this License Agreement and any Purchase Order, invoice, or representation shall be resolved in favour of the terms of this License Agreement. In the event that any clause or portion of any such clause is declared invalid for any reason, such finding shall not affect the enforceability of the remaining portions of this License and the unenforceable clause shall be severed from this license. Any amendment to this agreement must be in writing and signed by You and Vendor.
