EULA for UK Products

End User Licence Agreement

MEMORY-MAP SOFTWARE

This is a legal agreement between you (as an individual or other legal entity) and Memory-Map, Inc. If you do not agree to the terms of this agreement, hit the cancel button now. By proceeding with the installation, you indicate your acceptance of this agreement.

1. DEFINITIONS
“Memory-Map” refers to Memory-Map Inc, a corporation incorporated in the State of New York.
“Software” refers to all computer programs, codes, data and documentation that accompany this installation file, all updates and patches provided by Memory-Map, and all maps and other data downloaded from Memory-Map’s servers.
“User” means the licensee under this agreement. This can be an individual person or other legal entity.

2. GRANT OF LICENSE
Memory-Map hereby grants to the User a revocable, non-exclusive, non-transferable, license to use the Software.

3. USER’S OBLIGATIONS
The User agrees to use the Software in a manner consistent with safe and prudent navigation practices. The user shall always provide alternative means of navigation, and shall not rely on the Software in any role that is critical to the safety of life or property.

The User agrees not to use the Software while in control of any moving vehicle.

No part of the Software is to be reverse-engineered, decompiled or disassembled.

The Software must not be installed on a network that allows more than one user or more than one computer to access the Software.

The user must not disclose any serial numbers, passwords or other security codes to any third party.

4. COPYRIGHT
The Software is owned by Memory-Map and is protected by United States copyright laws and international treaty provisions. The Software must not be copied except to the extent necessary to use the software as permitted under section 2 of this agreement. The User may not distribute any part of the software to any third party.

5. ASSIGNMENT
The User may not rent, lease, sell, transfer or assign the User’s rights under this agreement to any third party. The User may not permit others to use the software.

6. WARRANTY

The Software, media and documentation are provided on an “as is” basis, without any warranties or conditions, express or implied, including but not limited to conformity to any representation or description, warranties of merchantability and fitness for a particular purpose, or those arising by law, statute, usage of trade or course of dealing. The entire risk as to the results and performance of the Software is assumed by you.

IN NO EVENT SHALL MEMORY-MAP OR ITS DISTRIBUTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (WHETHER SUCH CLAIM IS BASED ON BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), EVEN IF MEMORY-MAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MEMORY-MAP’S ENTIRE LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE USER FOR THE SOFTWARE.

7. GOVERNING LAW
This agreement is governed by the laws of the state of New York.

ORDNANCE SURVEY MAP DATA LICENCE

1. Licence. Ordnance Survey (“the Owners”) hereby grant you (either an individual or entity) a non-exclusive, non transferable licence for private, non-commercial use of the map data (“the Map Data”) in accordance with the terms of this licence agreement. You may not copy, modify, alter, electronically transfer, decompile or reverse engineer the Map Data in any way, other than to make one copy of the Map Data for back-up purposes. By installing and using the Map Data, you will be deemed to have accepted the terms of this Licence Agreement.

Self scanned maps and charts. The user shall be responsible for ensuring the original publishers copyright approval is obtained before importing or using self-scanned maps and charts. In the case of Ordnance Survey maps, if permission is granted, a separate licence will be required before such use for which a charge will be made.

Printouts of Ordnance Survey Map Data are limited to A3 size and are for personal non-commercial use only.

2. Restrictions. This licence is personal to you and you may not assign, transfer or sub-licence the Map Data to any other person without the express written consent of the Owners. This license allows you to install the Map Data on up to five devices (PC, Mobile, Tablet or GPS) owned by the User.

Printouts of the Map Data, mapping components, text, graphics and index tables may be taken for your own use including for use in educational and personal research documents and projects. Copyright in this material irrespective of its form of presentation will however vest in the Owners. Printouts of Map Data, mapping components, text, graphics and index tables may not however under any circumstances be taken and included in documents or publications either in print, photocopy or electronic form to be circulated for republication, promotional purposes or sale.

3. Warranties. Subject to paragraph 4 below, the warranty given above, represents your only remedies for any breach of the Owners’ warranties, which are given only to the original user of the Map Data. Except as set out in this Licence Agreement, all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course or dealing or otherwise including the implied warranties of satisfactory quality and fitness for a particular purpose are hereby excluded to the fullest extent permitted by law.

4. Limitations of Remedies. The depiction of any road, path or track on mapping included in the Map Data is no indication of public right of way and the Owners exclude all liability, (whether in contract, tort or otherwise) arising from the depiction of any such road, path or track in the Map Data. The Owners liability for any direct loss arising from any defect in the CD or the Map Data is limited to your purchase price. Except as set out in this Licence Agreement, in no event will either the Owners or their group companies, licensors, suppliers or agents be liable to you for any loss or damage of any kind (except personal injury or death resulting from the Owners’ negligence), including any loss of profits, loss of anticipated savings or other indirect or consequential damages arising out of your use or inability to use the Map Data or from errors or deficiencies in it, whether caused by negligence or otherwise.

5. Law. This Licence Agreement is governed by English law and the jurisdiction of the English courts.

This product includes mapping data Licenced from Ordnance Survey(r) with the permission of the Controller of Her Majesty’s Stationery Office. (c)Crown Copyright and/or database right 2001-19. All rights reserved. Licence number 100034184.

UK HYDROGRAPHIC OFFICE MAP DATA LICENCE

YOUR RIGHT TO USE THE MAP DATA WITHIN THIS PRODUCT IS SUBJECT TO THE TERMS SET OUT IN THIS LICENCE AGREEMENT. USING THE PRODUCT INDICATES YOUR UNDERSTANDING AND ACCEPTANCE OF ALL THE TERMS OF THIS AGREEMENT

In this Agreement:
“Map Supplier” means UK Hydrographic Office;
“Memory-Map” means Memory-Map Europe, part of EVO Distribution Limited;
“Agreement” means this End User Licence Agreement;
“Product” means this Memory-Map software product which contains the Data;
“Data” means the map data and associated information that is owned or controlled by Map Supplier and included within the Product;
“You” means the end user of the Product being a natural person or organisation who has purchased the Product and entered into this Agreement by accepting its terms and conditions (and “your” shall be construed accordingly).

1. Grant of licence

Other than as granted under this Agreement Map Supplier and its licensors retain and reserve all rights in the Data and the use of the Data is limited to the uses granted under this Agreement only.

In consideration of your acceptance of the terms of this Agreement and subject to your compliance with such terms Map Supplier grants you a non-exclusive right to use the Data in accordance with and for the purposes prescribed under the terms of this Agreement.

YOU ARE ALLOWED TO DO THE FOLLOWING:
– to load the Data into and use it on up to 2 PCs and 3 mobile devices;
– to migrate the Data from one device to another provided it is deleted from the original device;
– to make 1 copy of the Data for back-up purposes only in support of the permitted use;
– to make a reasonable number of A4 size paper copies of the Data using the Product’s built in print facility for your own personal or internal business use.

YOU ARE NOT ALLOWED TO DO THE FOLLOWING (AND YOU SHALL NOT ASSIST OR PERMIT OTHERS TO DO SO):
– use or copy the Data except as permitted by this Agreement;
– use or allow the use of the Data on a network or other multi-user basis;
– hire, rent or loan the Data to anyone else;
– alter, adapt, modify or translate the Data or merge the Data with any other software or data;
– reverse-engineer, disassemble or decompile the Data;
– remove, change or obscure any Data identification or notice on or in the Product.
– use, exploit or deal with the Data for commercial or publishing purposes other than for internal business use.

2. Term and termination

This Agreement shall continue until terminated. You may terminate this Agreement at any time by destroying the Product together with all copies in any form. Your right to use the Data under this Agreement will terminate automatically if you fail to comply with any of the terms and conditions herein. Upon termination of the Agreement for any reason you will destroy the Product together with all copies in any form, including copies on your hard drive and back-up disks. Any use of any copies of the Product after termination of this Agreement is unlawful.

3. Warranty

EXCLUSION OF OTHER WARRANTIES AND DISCLAIMER

IF YOU PURCHASED THE PRODUCT AS A CONSUMER, THE WARRANTIES AND DISCLAIMER SET OUT IN THIS SECTION 3 DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER ANY APPLICABLE STATUTE.

Save for the warranties set out in this Section 3 and, in relation to consumers only, any terms which are implied by law and may not be excluded at law, Map Supplier or its licensors or suppliers make and you receive no other warranties, conditions, terms or representations, express or implied, statutory or otherwise. Map Supplier does not warrant that the use of the Data will be error free or uninterrupted. It is your responsibility to ensure that the Data is suitable for your needs.

Map Supplier does not exclude or limit liability for death or personal injury resulting from the negligence of Map Supplier or its employees or agents or for any other liability which cannot lawfully be excluded or limited.

In all other cases neither Map Supplier or its licensors or suppliers will be liable for any direct or indirect damage or loss of any kind whether arising under contract, negligence or otherwise and Map Supplier or its licensors or suppliers shall in any event not be liable (whether for breach of contract, negligence or in any other way) for any sum in excess of the price paid for the Product. You accept that Map Supplier or its licensors or suppliers do not undertake that the Data will be complete, accurate or up-to-date and that Map Supplier or its licensors or suppliers will not be liable for any loss arising from any inaccuracy or omission whatsoever.

4. General

This Agreement sets out all of the terms which apply to the use of the Data and which exist between you and Map Supplier.

If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the Agreement will not be affected.

This Agreement is governed by the laws of England and subject to the exclusive jurisdiction of the English courts.

Should you have any questions concerning this Agreement please contact Memory-Map.

Notwithstanding that any provision of this Agreement may prove to be illegal or unenforceable the remaining provisions of this Agreement shall continue in full force and effect.

A person who is not a party to this Agreement has no rights under this Agreement whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

5. Variation

Map Supplier reserves the right to revise and amend the terms and conditions of this Agreement at any time.

6. The contents of the Data are believed to be correct at the time of its production.

This Product has been derived in part from material obtained from the UK Hyrdographic Office with the permission of the UK Hyrdographic Office. Her Majesty’s Stationery Office. Crown Copyright 2019. All rights reserved. The Data is protected by all relevant copyright law. No part of this Data may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, except where allowed under this Agreement without the prior permission of Map Supplier.

THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION.

Notice: The UK Hydrographic Office (UKHO) and its licensors make no warranties or representations, express or implied, with respect to this Product. The UKHO and its licensors have not verified the information within this Product or quality assured it.

NATS (Services) Limited MAP DATA LICENCE

1. Licence. NATS (Services) Ltd (“the Owners”) hereby grant you (either an individual or entity) a non-exclusive, non transferable licence to use the data (“the Data”) loaded on Memory-Map CAA VFR Aviation Charts (“the Product”) in accordance with the terms of this (“Licence Agreement”). You may not copy, modify, alter, electronically transfer, decompile or reverse engineer the Data in any way, other than to make one copy of the Data for back-up purposes. In using the Product, you will be deemed to have accepted the terms of this Licence Agreement.

2. Restrictions. This licence is personal to you and you may not assign, transfer or sub-licence the Data to any other person without the express written consent of the Owners. Your use of the Data is limited to 2 (two) non concurrent devices. You may use the Data on a different Product only if you first delete the Data installed on the first Product. Printouts of the charts are limited to ‘screen-dumps’ and may be taken for your own use including for use in educational and personal research documents and projects. Copyright in this material irrespective of its form of presentation will at all times remain vest in the Owners. Printouts may not however under any circumstances be taken and included in documents or publications either in print, photocopy or electronic form to be circulated for republication, promotional purposes or sale.

3. Limitations of Remedies. The Owners exclude all liability, (whether in contract, tort or otherwise) arising from the use or interpretation of the Data. The Owners’ liability for any direct loss arising from any defect in the Data is limited to your purchase price. Except as set out in this Licence Agreement, in no event will either the Owners or their group companies, licensors, suppliers or agents be liable to you for any loss or damage of any kind (except personal injury or death resulting from the Owners’ negligence), including any loss of profits, loss of anticipated savings or other indirect or consequential damages arising out of your use or inability to use the Data or from errors or deficiencies in it, whether caused by negligence or otherwise. Without prejudice to any other rights, the Owner may revoke the licence granted hereunder if you fail to comply with the terms of this Licence Agreement. In such event, you must delete and destroy all copies of the Data and cease the development and sales of all related products which contains the Data.

4. Law. This Licence Agreement is governed by English law and the jurisdiction of the English courts.

The Data includes mapping data licenced from Ordnance Survey with the permission of the Controller of Her Majesty’s Stationery Office. © Crown Copyright 2019. All rights reserved. Data included in the product reproduced under licence from NATS (Services) Ltd. © Copyright 2019 NATS (Services) Ltd. All rights reserved.

GEOGRAPHERS’ A-Z MAP DATA LICENCE

The copyright in the maps and related map data (“Map Data”) is owned by Geographers’ A-Z Map Company Limited (“A-Z”) or its licensors. Maps are based upon Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office from whom A-Z has a licence to make the Map Data available to you. By installing and using the Map Data, you agree with A-Z to be bound by the terms of this Agreement which will govern your use of the Map Data. The Map Data may be used only with the accompanying application software (“Software”).

You are permitted:
a) to load the Map Data into and use iup to five devices (PC, Mobile, Tablet or GPS) owned by the User for personal and domestic purposes;
b) to transfer the Map Data from one computer to another provided it is removed from the the first computer when transfer has been completed;
c) to make 1 copy of the Map Data for back-up purposes only in support of the permitted use. The copies must reproduce and include A-Z’s copyright notice;
d) to make a reasonable number of copies of the Map Data using the Software’s built in print facility for your own personal and domestic purposes only.

You are not permitted:
a) to use the Map Data otherwise than for your own personal or domestic purposes.
b) to print out the Map Data otherwise than for your own personal or domestic purposes.
c) except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly required to be permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble, or create derivative works based on the whole or any part of the Map Data or its associated documentation or use, reproduce or deal in the Software or any part thereof in any way.

Term
This Agreement is effective until you terminate it by destroying the Map Data and its documentation together with all copies. It will also terminate if you fail to abide by its terms. Upon termination you agree to destroy all copies of the Map Data and its documentation, including any Map Data installed any of your devices.

Ownership
A-Z shall at all times retain ownership of the Map Data and all subsequent copies thereof regardless of form.

Warranties
A-Z warrants that the Map Data is substantially similar to such maps and information in the corresponding print version and whilst A-Z endeavours to keep its map and index databases complete, accurate and up-to-date, all such Map Data is supplied by A-Z on an “as is” basis and A-Z makes no warranty, and has no responsibility to you to ensure, that the Map Data is complete and/or accurate and/or up-to-date. If A-Z, or it’s licensor, is notified of significant errors during the Warranty Period, it will (at its option) provide or authorise a refund or replacement.

The above represent your sole remedies for any breach of A-Z’s warranties, which are given only to the original purchaser.

The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law. A-Z does not warrant that the Map Data will meet your requirements or that the operation of the Software or Map Data will be uninterrupted or error-free or that defects in the Software will be corrected. You shall load and use the Software and Map Data at your own risk and in no event will A-Z be liable to you for any loss or damage of any kind (except personal injury or death resulting from A-Z’s negligence) including lost profits or other consequential loss arising from your use of or inability to use the Software or Map Data or from errors or deficiencies in the Software or Map Data whether caused by negligence or otherwise except as expressly provided herein. In no event shall A-Z’s liability exceed the amount paid by you for the Map Data.

Law

This Agreement shall be governed by English law and you and A-Z agree to submit to the non-exclusive jurisdiction of the Courts of England.

If you have any questions concerning this Agreement please write to the following address. Geographers’ A-Z Map Company Limited, Unit 9, North Downs Business Park, Lime Pit Lane, Dunton Green, Sevenoaks, TN13 2TL www.a-zmaps.co.uk

This product includes mapping Data licenced from Ordnance Survey with the permission of the Controller of Her Majesty’s Stationery Office (c) Crown Copyright and/or database right 2001-19. All rights reserved. Licence Number: 100017302

CASSINI HISTORICAL MAP DATA LICENCE

YOUR RIGHT TO USE THE CASSINI DATA WITHIN THIS PRODUCT IS SUBJECT TO THE TERMS SET OUT IN THIS LICENCE AGREEMENT. USING THE PRODUCT INDICATES YOUR UNDERSTANDING AND ACCEPTANCE OF ALL THE TERMS OF THIS AGREEMENT

In this Agreement:
“Cassini” means Cassini Publishing Limited;
“Memory-Map” means Memory-Map Europe, part of EVO Distribution Limited;
“Agreement” means this End User Licence Agreement;
“Product” means this Memory-Map software product which contains the Data;
“Data” means the map data and associated information that is owned or controlled by Cassini and included within the Product;
“You” means the end user of the Product being a natural person or organisation who has purchased the Product and entered into this Agreement by accepting its terms and conditions (and “your” shall be construed accordingly).

1. Grant of licence

Other than as granted under this Agreement Cassini and its licensors retain and reserve all rights in the Data and the use of the Data is limited to the uses granted under this Agreement only.

In consideration of your acceptance of the terms of this Agreement and subject to your compliance with such terms Cassini grants you a non-exclusive right to use the Data in accordance with and for the purposes prescribed under the terms of this Agreement.

YOU ARE ALLOWED TO DO THE FOLLOWING:
– to load the Data into and use it on a single personal computer and a single mobile device;
– to transfer the Data from one computer to another provided it is used on only one computer at any one time;
– to make 1 copy of the Data for back-up purposes only in support of the permitted use;
– to make a reasonable number of paper copies of the Data using the Product’s built in print facility for your own personal or internal business use.

YOU ARE NOT ALLOWED TO DO THE FOLLOWING (AND YOU SHALL ASSIST OR PERMIT OTHERS TO DO SO):
– use or copy the Data except as permitted by this Agreement;
– use or allow the use of the Data on a network or other multi-user basis;
– hire, rent or loan the Data to anyone else;
– alter, adapt, modify or translate the Data or merge the Data with any other software or data;
– reverse-engineer, disassemble or decompile the Data;
– remove, change or obscure any Data identification or notice on or in the Product.
– use, exploit or deal with the Data for commercial or publishing purposes other than for internal business use.

2. Term and termination

3. Warranty

EXCLUSION OF OTHER WARRANTIES AND DISCLAIMER

IF YOU PURCHASED THE PRODUCT AS A CONSUMER, THE WARRANTIES AND DISCLAIMER SET OUT IN THIS SECTION 3 DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER ANY APPLICABLE STATUTE.

Save for the warranties set out in this Section 3 and, in relation to consumers only, any terms which are implied by law and may not be excluded at law, Cassini or its licensors or suppliers make and you receive no other warranties, conditions, terms or representations, express or implied, statutory or otherwise. Cassini does not warrant that the use of the Data will be error free or uninterrupted. It is your responsibility to ensure that the Data is suitable for your needs.

Cassini does not exclude or limit liability for death or personal injury resulting from the negligence of Cassini or its employees or agents or for any other liability which cannot lawfully be excluded or limited.

In all other cases neither Cassini or its licensors or suppliers will be liable for any direct or indirect damage or loss of any kind whether arising under contract, negligence or otherwise and Cassini or its licensors or suppliers shall in any event not be liable (whether for breach of contract, negligence or in any other way) for any sum in excess of the price paid for the Product. You accept that Cassini or its licensors or suppliers do not undertake that the Data will be complete, accurate or up-to-date and that Cassini or its licensors or suppliers will not be liable for any loss arising from any inaccuracy or omission whatsoever.

4. General

This Agreement sets out all of the terms which apply to the use of the Data and which exist between you and Cassini.

If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the Agreement will not be affected.

This Agreement is governed by the laws of England and subject to the exclusive jurisdiction of the English courts.

Should you have any questions concerning this Agreement please contact Memory-Map.

Notwithstanding that any provision of this Agreement may prove to be illegal or unenforceable the remaining provisions of this Agreement shall continue in full force and effect.

A person who is not a party to this Agreement has no rights under this Agreement whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

5. Variation

Cassini reserves the right to revise and amend the terms and conditions of this Agreement at any time.

6. The contents of the Data are believed to be correct at the time of its production.

Data (c) Cassini 2019. The Data is protected by all relevant copyright law. All rights reserved. No part of this Data may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, except where allowed under this Agreement without the prior permission of Cassini.

IGN MAP DATA LICENCE

The cartographic data integrated in this product is exclusively owned by Institut Géographique National (IGN).

The licence granted to the user does not include any transfer of the property rights of this data. The usage of this data is strictly limited to the use by the licenced user on no more than a total of 5 PCs or mobile devices owned or operated by the licenced user.

Part or whole of the IGN data shall not be provided or communicated to any third party, with or without charge, in any form, by any means and for any purpose, unless expressly authorised with prior permission of IGN.

The IGN data shall not be extracted from the Memory-Map software.

Reproduction and/or sale to third parties of graphics generated with, or printouts containing, IGN data in any form with any process is prohibited.

MM_EULA_WEB_V2019.1