Product License Agreement for Trail Finder and Topo Finder Subscription Services (“Product”)
IMPORTANT- PLEASE READ CAREFULLY: BY ACTIVATING A SUBSCRIPTION (TRIAL OR PAID SUBSCRIPTION) ON THE TRAILS.COM WEB SITE, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ('AGREEMENT') REGARDING YOUR USE OF THE PRODUCT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACTIVATE YOUR SUBSCRIPTION.
1. GRANT OF LICENSE: Subject to the terms below, Trails.com hereby grants you a non-exclusive, non-transferable license to use the Product.
Under this license, you may: (i) use the Product on any computer for your personal, internal use. (ii)You may not share your account with others without first obtaining the required licenses, where applicable.
Whether you are licensing the Product as an individual or on behalf of an entity, you may not: (i) reverse engineer, decompile, or disassemble the Product or attempt to discover the source code; (ii) modify, or create derivative works based upon, the Product in whole or in part without the express written consent of Trails.com; (iii) distribute copies of the Product or distribute copies of any electronic or downloaded files obtained from the Product, including but not limited to, electronic book chapters, eTrails, topographic map files, web pages, and screen captures; (iv) remove any proprietary notices or labels on the Product; (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Product.
2. TITLE: You acknowledge that no title to the intellectual property in the Product is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Product shall remain that of Trails.com and/or the companies providing content on Trails.com. The Product is protected by copyright and patent laws of the United States and international treaties.
3. DISCLAIMER OF WARRANTY:
YOU AGREE THAT TRAILS.COM HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. TRAILS.COM DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE.
4. TRAILS.COM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.
5. LIMITATION OF LIABILITY: YOU USE THIS PROGRAM SOLEY AT YOUR OWN RISK.
IN NO EVENT SHALL TRAILS.COM BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE PRODUCT, EVEN IF TRAILS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TRAILS.COM BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE PRODUCT. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
6. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required to effectuate such termination. Trails.com reserves the right to terminate any active subscription at any time and return fees paid for the Product prorated for the remaining duration of the subscription.
7. MISCELLANEOUS:
Severability:
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
Export:
You agree that you will not export or re-export the Product outside of the jurisdiction in which you obtained it without the appropriate United States or foreign government licenses.
Governing Law:
This Agreement will be governed by the laws of the State of Washington as they are applied to agreements between Washington residents entered into and to be performed entirely within Washington. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Entire Agreement:
You agree that this is the entire agreement between you and Trails.com, which supersedes any prior agreement, whether written or oral, and all other communications between Trails.com and you relating to the subject matter of this Agreement.
Reservation of rights:
All rights not expressly granted in this Agreement are reserved by Trails.com.