Wherigo.com

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Terms and Conditions

WHERIGO END-USER LICENSE AGREEMENT AGREEMENT VERSION 1.0 IMPORTANT-READ CAREFULLY: This Wherigo End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Groundspeak Inc., a Washington State Corporation, for the Software(s) as defined below. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software. 1. DEFINITIONS “Software” means the Wherigo Player application, the Wherigo Builder application, any associated Software components, and any interactive media cartridges created using the Wherigo Builder application or downloaded from the Wherigo.com web site. "non-commercial entity" is defined as any individual, educational institution, charity or humanitarian organization. "commercial entity" is defined as any corporation registered or otherwise that derives or attempts to derive commercial and monetary gain and benefit from its efforts and endeavors. This includes all Government and Military entities. "personal use" means the non-commercial use of Software by you, your family or by your close friends. The device(s) you use the Software on must be owned by you, Groundspeak, or by a member of your family. You are not allowed to use the Software in a device owned by the company you work for. "educational use" means the use of the Software for educational purposes in a non-commercial institution. "license agreement" means this document. This license agreement is a legal agreement between you (individual or a legal entity) and Groundspeak Inc. 2. The Software is licensed, not sold. 3. GRANT OF LICENSE. 3.1 Groundspeak grants to you ("Licensee") a nontransferable, nonexclusive, royalty-free, limited license to (i) use the Software for entertainment, research, or educational purposes. No commercial use of the Software is permitted whatsoever without the written Agreement of Groundspeak. Licensee acquires no right, title, or interest in or to the Software, and Licensee shall have no right to distribute the Software. The Software and any part of the Software may not be incorporated into a commercial product or distributed to any third party without the written agreement of Groundspeak. Groundspeak owns all modifications, enhancements and bug fixes made to the Software by or for Licensee. 3.2 Groundspeak is under no obligation to provide maintenance, support, or upgrades for the Software. 4. DISTRIBUTION. Notwithstanding anything else in this Agreement, you may not distribute the Software to anyone for any reason. 5. PERMITTED LICENSE USES. This License allows you to install and use the Groundspeak Software to develop and play interactive media cartridges. The Software may be used to develop cartridges so long as such use incorporates only non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to incorporate into a cartridge. 6. MEMBER CONDUCT. You understand that all information, data, text, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Groundspeak, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Software. Groundspeak does not control the Content posted via the Software and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Software, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Groundspeak be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Software. 7. LICENSE TO USE SUBMISSIONS. Groundspeak does not claim ownership of Content you submit or make available for inclusion in interactive media cartridges. All written content, pictures, graphics, audio, and all other materials submitted to Groundspeak in connection with the use of the Software (collectively, “Submissions”) remain the property and copyright of the original author. If you submit Submissions to Groundspeak, you must adhere to any applicable submission guidelines that may be posted from time to time on the Site. By submitting any Submission to Groundspeak, you grant Groundspeak a worldwide, non-exclusive, transferable, perpetual, irrevocable, fully-paid royalty-free license and right to use, reproduce, distribute, import, broadcast, transmit, modify and create derivative works of, license, offer to sell, and sell, rent, lease or lend copies of, publicly display and publicly perform that Submission for any purpose and without restriction or obligation to you. The foregoing license rights are intended to provide to Groundspeak all rights under existing and future laws, including without limitation all rights under copyright and any other rights personal to You to publish the Submission on the Site, use the Submission in publicity and promotional materials for the Site and to create new Sites or derivative works (including without limitation by combining the Submission with other content) for public display or performance via any and all media or technology now known or later developed. The foregoing rights may be licensed and sublicensed through unlimited tiers of third parties. 8. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Software. You may not use the Software to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose. 9. SUPPORT SERVICES. Groundspeak may provide you with support services related to the Software. Any supplemental Software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to Groundspeak as part of the Support Services, Groundspeak may use such information for its business purposes, including for product support and development. Groundspeak will not utilize such technical information in a form that personally identifies you. 10. TERM AND TERMINATION. This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies and merged portions in any form. 11. COPYRIGHT. The Software is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software, except user created Content, will remain the exclusive property of Groundspeak and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software. 12. NO WARRANTIES. GROUNDSPEAK EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. 13. LIMITATION OF LIABILITY. IN NO EVENT SHALL GROUNDSPEAK OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF GROUNDSPEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, GROUNDSPEAK’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S. $1.00 OR LICENSE FEE PAID BY YOU. 14. INHERENT RISKS. The use of this Software may subject you to inherent risks not unlike many other outdoor activities. As with all GPS devices, the use of the Software and associated content may direct you to locations that may be unsafe or inappropriate for travel, including severe injury or loss. It is your responsibility to be aware of your surroundings at all times and use common sense when following the directions of the Software. By accepting this EULA, you acknowledge and agree that there are inherent risks associated with this Software that cannot be eliminated regardless of the care taken to avoid such injury or loss, and you agree to hold Groundspeak harmless of any injury or loss suffered by you through use of the Software and content. 15. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact Groundspeak for any reason, please contact by electronic mail at: contact@groundspeak.com. 16. SEVERABILITY. In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor. The headings used in this Agreement are for convenience only and shall not be considered part of the Agreement.

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