Descriptio EULA

DESCRIPTIO 2.0 Find Me Map

END-USER LICENSE AGREEMENT FOR DESCRIPTIO LICENSED SOFTWARE

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IMPORTANT-READ CAREFULLY: This Descriptio End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and DragonNet Technologies, Ltd.. for the Descriptio Licensed Software identified BY SELECTING THE “I AGREE” CHECKBOX, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE LICENSED SOFTWARE. DragonNet Technologies, Ltd. reserves the right to update and change, from time to time, this License Agreement and all documents incorporated by reference.

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SOFTWARE LICENSE

The LICENSED SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The LICENSED SOFTWARE is licensed, not sold.

DEFINITIONS:

"Licensed Software" means the Descriptio Map Layer Macromedia® Flash® Player SWF Files , the Descriptio Map Display Macromedia® Flash® Player SWF File, the Descriptio Map Administration and Editing Macromedia® Flash® Player SWF File, Descriptio Map Database Data , and the documentation provided hereunder. Execution of the Descriptio Map on the End-User’s website is controlled by a License Key and IP based Activation mechanism.

"License Key" means a document (in physical or electronic format) provided by DragonNet Technologies, Ltd. to you which contains an ID Code.

"Activation" means the End-User’s ID Code has been bound to a particular IP address.

"Macromedia" means Macromedia, Inc. and its licensors, if any.

"Flash" means only the Macromedia® Flash® Player, Macromedia® Shockwave® Player, or Macromedia® Authorware® Player and third party software programs, in each case, supplied by Macromedia therewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.

1. GRANT OF LICENSE.

You may install and use the LICENSED SOFTWARE in association with an HTMLweb page on a Computer or Server with a viable connection to the Internet. A license for the LICENSED SOFTWARE may not be shared, installed or used concurrently on different computers or servers.

You agree that DragonNet Technologies, Ltd. may audit your use of the LICENSED SOFTWARE for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the LICENSED SOFTWARE by you other than in full compliance with the terms of this Agreement, you shall reimburse DragonNet Technologies, Ltd. for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

Your license rights under this EULA are non-exclusive.

Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a distribution agreement or learn of other licensing strategies, please send an email to: license@descriptio.com.

2. COPYRIGHT. All rights, title, and copyrights in and to the LICENSED SOFTWARE (including, but not limited to, all Macromedia® Flash® Player Files, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the LICENSED SOFTWARE) and any copies of the LICENSED SOFTWARE are owned by DragonNet Technologies, Ltd. or its suppliers. The LICENSED SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the LICENSED SOFTWARE like any other copyrighted material.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. a. Limitations on Reverse-Engineering, Decompilation, and Disassembly. You may not reverse-engineer, decompile, disassemble, or disclose the results of any benchmarking of the LICENSED SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

b. Rental. You may not rent, lease, or lend the LICENSED nor may you use the LICENSED SOFTWARE to perform consulting services for third parties.

c. Assignment. You may not assign this EULA, whether in whole or in part, without the prior written consent of DragonNet Technologies, Ltd.

d. Termination. Without prejudice to any other rights, DragonNet Technologies, Ltd. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the LICENSED SOFTWARE and all of its component parts.

e.Distribution. You may not make or distribute copies of the LICENSED SOFTWARE , or electronically transfer the Software from one computer to another or over a network.

f. Derivative Works. You may not modify the LICENSED SOFTWARE or create derivative works based upon the LICENSED SOFTWARE. You shall not use the LICENSED SOFTWARE to develop any software or other technology having the same primary function as the LICENSED SOFTWARE, including but not limited to using the LICENSED SOFTWARE in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the LICENSED SOFTWARE.

4. OWNERSHIP

The foregoing license gives you limited license to use the LICENSED SOFTWARE. DragonNet Technologies, Ltd. and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the LICENSED SOFTWARE and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by DragonNet Technologies, Ltd. and its suppliers.

5. DISCLAIMER OF WARRANTY FOR LICENSED SOFTWARE. To the maximum extent permitted by applicable law, Descriptio and its suppliers provide the LICENSED SOFTWARE and support services, if any, related to the LICENSED SOFTWARE AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the LICENSED SOFTWARE, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE LICENSED SOFTWARE.

6. THIRD PARTY SOFTWARE

The LICENSED SOFTWARE utlilizes Macromedia® Flash® Player, which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at http://www.macromedia.com/shockwave/download/license/desktop and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.

7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRAGONNET TECHNOLOGIES, LTD. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF DRAGONNET TECHNOLOGIES, LTD. OR ANY SUPPLIER, AND EVEN IF DRAGONNET TECHNOLOGIES, LTD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of DragonNet Technologies, Ltd. and any of its suppliers with regard to the LICENSED SOFTWARE or this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the LICENSED SOFTWARE or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

9.ERRORS. INFORMATION PROVIDED THROUGH THE LICENSED SOFTWARE, INCLUDING GEOGRAPHIC LOCATIONS OR FEATURES, CITY POPULATION, LOCATION, CITY NAME SPELLINGS, MAY BE INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND DRAGONNET TECHNOLOGIES, LTD. WILL HAVE NO LIABILITY WITH RESPECT THERETO. DRAGONNET TECHNOLOGIES, LTD. MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE LICENSED SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE LICENSED AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.