Software License Agreement
Mapdiva® software is not sold. Rather, We license it to the end user under the terms of a software end user license agreement (EULA). The terms of Mapdiva’s software licenses may vary depending upon the specific software product and version that you licensed from Us.
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE USING SOFTWARE BY MAPDIVA. BY USING THE SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT USE THE SOFTWARE. IF THIS AGREEMENT WAS ACCESSED DURING YOUR PURCHASE, YOU MUST ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE CHECK BOX LABELED “I AGREE” THAT IS DISPLAYED DURING CHECKOUT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOUR PURCHASE WILL BE CANCELED.
“You” and “Your” means the person, company or institution who is being licensed to use the Software. “We,” “Us” and “Our” means Mapdiva, LLC. “Software” and “Licensed Application” means Artboard™, Ortelius™, and any/all other software applications provided by Us including all content, media and documentation whether on disk, in read only memory, on any other media or in any other form. Software is licensed, not sold, to You by Mapdiva, LLC for use under the terms of this End User License Agreement, and We reserve all rights not expressly granted to You herein.
This agreement is concluded between Mapdiva, LLC and You only, and not with Apple™, is separate from and does not govern the agreement for Software purchased separately through the Apple™ App Stores.
Scope of License
This license granted to You for the Licensed Application by Us is limited to a non-transferable license to use the Licensed Application on any computer that You own or control. This license does not allow You to use the Licensed Application on any computer that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except expressly to make archival or backup copies as provided below), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). You may not place the Software, license, media or documentation onto a server so that it is accessible via a public network such as the Internet. Any attempt to do so is a violation of Our rights and Our licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Mapdiva, LLC that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
We have the right to stop service to any license that has been reported as stolen or used on an unauthorized computer.
We remain the owner of all right, title and interest in the Licensed Application, related media, content and explanatory written materials (“Documentation”).
Consent to Use of Data
You agree that We may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. We may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
Archival or Backup Copies
You may copy the Licensed Application for backup and archival purposes, provided that the original and each copy is kept in Your possession and that Your installation and use of the Licensed Application does not exceed that allowed in the “Scope of License” section above.
Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Our total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The Software contains trade secrets and proprietary know-how that belong to Us and it is being made available to You in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software, license, media and documentation in Your possession. It will also automatically terminate if You fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software, license, media and documentation in Your possession.
Term-Limited License, prepaid (i.e., “Subscription”)
Service begins as soon as your payment is processed. You’ll be charged for the time period stated at the rate stated at the time of purchase as one lump sum, plus applicable taxes. Your contract will renew automatically, on your set renewal date, until you cancel. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within 14 days of your order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of your contracted term. Cancellations can be made any time by visiting your Manage Account page (the link provided in your license receipt email) or by contacting for assistance. Provided that You are in compliance with the terms and conditions of this Agreement, We agree to make available all updates, improvements and enhancements for the Software, if any, to include minor updates (i.e., v.1.1 => 1.2), and sometimes major upgrades (i.e., v.1.2 => 2.0). Nothing herein shall be construed or interpreted as requiring Us to develop any such updates, upgrades, improvements or enhancements.
A perpetual license includes the right to use the version of the software that was the subject of the agreement in perpetuity without paying additional licensing fees. Provided that You are in compliance with the terms and conditions of this Agreement, We agree to make available all minor updates, improvements and enhancements (i.e., v.1.1 => 1.2), if any, through the term of Your license. A perpetual license does not include major upgrades (i.e., v.1.2 => 2.0) for the Software. Nothing herein shall be construed or interpreted as requiring Us to develop any such updates, improvements or enhancements.
Academic Semester License
This license grants you nonexclusive use to the Software for five (5) months upon activation. The license is free for all students, faculty or staff at approved academic institutions. By purchasing a license for education, you hereby confirm you are a currently a student, faculty, or staff of an accredited academic institution (requires a valid academic domain email address and name of school for verification; a processing fee will apply).
The Ortelius Academic Semester License is granted for classroom and instructional use only. Approved uses include classroom instruction, student research papers, posters, presentations, theses, and dissertations. License may be used with a single (1) computer. Software carries a subtle “Ortelius 2 • For Educational Use Only” watermark.
The Ortelius Academic Semester License is not for professional use, academic publication and/or computer labs. Annual, Annual Volume, and Perpetual licenses are available for professional academic presentation and publication, university lab- and department-wide quantity licensing.
This written license agreement is the exclusive agreement between You and Us concerning the Software, license, media and documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Licensed Application.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
The laws of the State of Indiana govern this license and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to You only for reproduction of non-copyrighted materials, materials in which You own the copyright, or materials You are authorized or legally permitted to reproduce. If You are uncertain about Your right to copy any material, You should contact Your legal advisor.