Application End User License
VisualGPS, LLC.
"[THESOFTWARE]" software application will be referred as “software application” through the remainder of this document. You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by VisualGPS, LLC your use, distribution, or installation of this copy of this software application indicates your acceptance of this License.
If you do not agree to any of the terms of this License, then do not install, distribute or use this copy of software application. If you paid VisualGPS, LLC for this copy individually, you may return it unused, within thirty (30) days after purchase, for a full refund of your payment.
This copy of software application may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. This is not a concurrent use license.
You may access this copy through a network, provided that you have obtained an individual software application license for each workstation that will access software application through the network. For instance, if 8 different workstations will access software application on the network, each workstation must have its own software application license, regardless of whether they use software application at different times or concurrently.
This software, and all accompanying files, data and materials, is distributed "AS IS" and with no warranties of any kind, whether express or implied. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of VisualGPS, LLC will be limited exclusively to refund of purchase price. In addition, in no event shall VisualGPS, LLC, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of software application, or your relationship with VisualGPS, LLC.
In addition, in no event does VisualGPS, LLC authorize you to use software application in applications or systems where VisualGPS, LLC failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold VisualGPS, LLC harmless from any claims or losses relating to such unauthorized use.
This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. The laws of the State of California shall govern this Agreement. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and located in the State of California, and you consent to such jurisdiction and venue.
All rights of any kind in software application which are not expressly granted in this License are entirely and exclusively reserved to and by VisualGPS, LLC. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on software application. There are no third party beneficiaries of any promises, obligations or representations made by VisualGPS, LLC herein.
DISCLAIMER
In no event shall VisualGPS, LLC be liable for any loss of profit or any other commercial or private damage, including but not limited to special, incidental, consequential or other damages, resulting from or in any way connected with the use of this software. VisualGPS, LLC specifically disclaims any other warranties expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular use.
WARNING
Do not operate software application while driving a vehicle. software application is not designed as a primary navigational aid. Failure to pay full attention while operating the vehicle and road conditions while operating the vehicle could result in an accident or collision with property damage and personal injury.