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1. License and Restrictions The software on this disk (the "Northport Software", together with any accompanying documentation is the sole property of Northport Systems Inc. The map and gazetteer data on this disk are the sole property of the Crown (The "Ordnance Survey Data") and are licensed by the Ordnance Survey~~. The Northport Software and the Ordnance Survey Data are collectively referred to as the "Software Product". This license allows you to use the Software Product on one personal computer or workstation only. You are permitted to make one copy solely for backup or archival purposes or you may transfer the Software Product to a single hard disk in which case the one copy may be kept solely for backup or archival purposes. The Software Product may not be decompiled, reverse engineered, or modified in any way. You may not electronically transfer or copy the Software Product from one computer to another or over a network. You may not separate the components of the Software Product for use on more than one computer. You may not rent or lease the Software Product. The Software Product is licensed for consumer use only. Transfers of map data to a Personal Digital Assistant are limited to a coverage area of 1,600 square kilometers per map image. Printing of maps is limited to one computer screen per printed page and printing is for personal use only. The Software Product is licensed to you for use as a general position locator, subject to the accuracy limitations of GPS signals, errors in digital maps, and errors in integrating the maps with the GPS. The Software Product is not intended and is not licensed to you for purposes of steering or guiding a moving vehicle, boat, or airplane, or any other navigational use requiring precise determination of position. The Software Product is not licensed for use as the sole source of position information. 2. Limited Warranty Warranty: Northport Systems Inc. warrants that the Software Product will perform substantially in accordance with the accompanying documentation for a period of 90 days from receipt. In jurisdictions in which limitations on express or implied warranties are not allowed by law, any such warranties shall be limited to 90 days. Remedies: Should the Software Product fail to perform in accordance with the limited warranty, your exclusive remedy shall be either a refund of the price you paid, or repair or replacement of the Software Product, in the sole discretion of Northport Systems Inc. The limited warranty shall not be available if failure of the Software Product has resulted from accident, abuse or misapplication. Any replacement product will be warranted only for the remainder of the initial warranty period. This warranty does not apply unless the registration card has been properly filled out and returned to Northport Systems Inc., or the user has registered on-line. Physical Media: Disks which are damaged or defective in material or workmanship will be replaced if returned to the place of purchase within 30 days of the purchase date, along with a copy of the sales receipt. 3. No Other Warranties NORTHPORT SYSTEMS INC. DOES NOT WARRANT THAT THE CONTENTS OF THE SOFTWARE PRODUCT WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, OR THAT OPERATIONS WILL BE ERROR-FREE. THE LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE FURNISHED TO LICENSEE HEREUNDER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE IN ALL JURISDICTIONS WHERE THESE WARRANTIES MAY BE DISCLAIMED. THE EXTENT TO WHICH THIS LIMITATION APPLIES MAY VARY DEPENDING ON THE APPLICABLE LAWS IN DIFFERENT JURISDICTIONS. 4. Limitation of Liability NORTHPORT SYSTEMS INC. WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT EXCEPT TO THE EXTENT OF THE AMOUNT PAID FOR THE PRODUCT. YOU EXPRESSLY ACKNOWLEDGE THAT THE USE OF THIS PRODUCT IS AT YOUR OWN RISK. IN NO EVENT SHALL NORTHPORT SYSTEMS INC. BE LIABLE TO LICENSEE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, OR ANY OTHER MONETARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF NORTHPORT SYSTEMS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. Exclusion and Indemnity on Ordnance Survey Data THE ORDNANCE SURVEY DATA IS LICENSED ON AN "AS IS" BASIS AND HER MAJESTY, THE ORDNANCE SURVEY AND NORTHPORT SYSTEMS INC. MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES RESPECTING THE ORDNANCE SURVEY DATA, EITHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, EFFECTIVENESS, COMPLETENESS, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. HER MAJESTY, ORDNANCE SURVEY AND NORTHPORT SYSTEMS INC. SHALL NOT BE LIABLE IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM YOUR USE OR POSSESSION OF THE ORDNANCE SURVEY DATA. HER MAJESTY AND NORTHPORT SYSTEMS INC. SHALL NOT BE LIABLE IN ANY WAY FOR LOSS OF REVENUE OR CONTRACTS, OR ANY OTHER CONSEQUENTIAL LOSS OF ANY KIND RESULTING FROM YOUR POSSESSION OF THE ORDNANCE SURVEY DATA. YOU SHALL INDEMNIFY AND SAVE HARMLESS NORTHPORT SYSTEMS INC., HER MAJESTY AND THE ORDNANCE SURVEY AND THEIR OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION, ALLEGING LOSS, COSTS, EXPENSES, DAMAGES OR INJURIES (INCLUDING INJURIES RESULTING IN DEATH) ARISING OUT OF YOUR USE OR POSSESSION OF THE ORDNANCE SURVEY DATA. 6. Copyright The Software Product is protected by copyright laws both domestically and internationally. All right, title and interest in and to the Northport Software is the exclusive property of Northport Systems Inc. All right, title and interest in and to the Ordnance Survey Data is the exclusive property Her Majesty and the Ordnance Survey. All copying or reproduction of the Software Product, except as expressly permitted by this license, is strictly forbidden. You may not make copies of the accompanying materials. 7. Governing Law This contract is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. 8. Taxes The Licensee is responsible for all taxes or duties which may arise as a result of this license, excluding income tax payable by Northport Systems Inc. 9. Licenses and Trademarks Fugawi is a trademark of Northport Systems Inc. This product includes mapping data licensed from Ordnance Survey~~ Crown copyright 2003 License number PU 100032767. Air Photo Data ~ Getmapping PLC. Elevation data extracted from NEXTmap Britain~ ~Intermap Technologies Inc. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
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