DO NOT LOAD THE ENCLOSED PRODUCT(S) UNTIL YOU HAVE READ AND AGREED TO THIS LICENSE AGREEMENT.

THIS is a legal Agreement between you, the end user, and DMTI Spatial Inc..  BY LOADING THE PRODUCT(S) WITH THIS AGREEMENT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY (within 7 days) RETURN THE PRODUCTS AND ANY ACCOMPANYING ITEMS  (including written materials) TO THE VENDOR FROM WHICH YOU PURCHASED THEM, FOR A REFUND.

DMTI Spatial hereby grants to you a non-exclusive, non-transferable license to use the data contained on the media in this package solely for internal purposes, on a single computer, or on multiple computers or workstations only in accordance with the number of licenses and accompanying written materials, of any of the licensed product(s) which you or your organization have purchased and as specified in your Multi-User Certificate, and you shall obtain additional licenses for any other use of the Licensed Product(s) including use on a Server for Internet, Intranet or Extranet access.  Your use of the data is subject to the following terms and conditions:

You acknowledge that the Licensed Product(s) belong to DMTI Spatial and its third party supplier, and that the Licensed Product(s) are copyrighted. Unauthorized copying of the Licensed Product(s), is expressly forbidden and you may be held legally responsible for copyright infringement which is caused or encouraged by your failure to abide by the terms of this agreement.  You may make one archival copy of the Licensed Product(s), solely for your own use, subject to the following restrictions:  (1) The archival copy must be treated in the same way as the original copy;  (2) No copy may be used while any other copy is in use.  If you make an archival copy of the Licensed Product(s), you must include on it the copyright notice that is on the original media.

You may not reproduce, sell, rent, lease, loan, distribute or sublicense the Licensed Product(s) or otherwise transfer the Licensed Product(s) to any third party, use the Licensed Product for commercial purposes, or use the Licensed Product to create any derived product for any of these prohibited purposes.  You may not place the Licensed Product(s) on the Internet without a prior written agreement with DMTI Spatial.  

In no event shall DMTI Spatial or its third party supplier(s) be liable to you or your organization for any indirect damages including any lost profits, lost savings, interruption of business, loss of business opportunities or other incidental or consequential damages, arising out of your possession, use of, or inability to use the Licensed Product(s), even if DMTI Spatial, its third party supplier(s), or any authorized dealer, has been advised of the possibility of the damages, or for any claim by any other party. In no event shall DMTI Spatial have any liability for damage in excess of the license fee paid for the Licensed Product(s).

You shall indemnify and hold DMTI Spatial, its third party supplier(s) and their officers, employees and agents, harmless from and against any claim, demand or action, irrespective of the nature of the claim, demand or action, alleging loss, costs, damages, expenses, or injury (including injury from death) resulting from your authorized or unauthorized, use, possession, modification, or alteration of the Licensed Product(s).

THE LICENSED PRODUCT(S) AND ASSOCIATED WRITTEN MATERIALS IN CONNECTION THEREWITH ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT(S)  IS WITH THE YOU, THE END USER.  NO ORAL OR WRITTEN ADVICE GIVEN BY DMTI SPATIAL OR ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES CREATES A WARRANTY OR IN ANY WAY INCREASES DMTI SPATIAL's LIABILITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. 

No statement or recommendation made or assistance given by DMTI Spatial or by its representatives or employees shall constitute a waiver by DMTI Spatial of any of the provisions herein.  Nor does or will DMTI Spatial warrant any services it may provide in connection with the use of the Licensed Product(s), to include any assistance, training, or other consultation with you. 

This license is effective until terminated.  This license will terminate automatically without notice from DMTI Spatial if you fail to comply with any provision of this License Agreement.  Upon termination, you shall destroy or return the Licensed Product(s) including any written materials and all copies of the Licensed Product(s), including modified copies, if any.  In the event of such termination, you agree that you will, within ten (10) days after the license is terminated, certify in writing to DMTI Spatial, that the Licensed Product(s) and all copies of the Licensed Product(s) and any written materials in connection therewith have been destroyed or returned to DMTI Spatial.

This Agreement shall be governed by the laws of the Province of Ontario.

© 2003 DMTI Spatial Inc.  GeoPinpoint is a registered trademark of DMTI Spatial Inc. DMTI Spatial, Really Smart Spatial Solutions, Because Where Is What Matters are trademarks of DMTI Spatial Inc. All rights reserved. www.dmtispatial.com (except for data licensed from third parties).