You are on page 1of 4

GlobeXplorer End User License Agreement (EULA)

IMPORTANT - READ CAREFULLY BEFORE ACCESSING INFORMATION (AS DEFINED BELOW) FROM
ANY PROVIDED PHYSICAL MEDIA OR THIS GLOBEXPLORER ENABLED WEB SITE OR USING ANY
OTHER MEANS OF DOWNLOADING INFORMATION. BY ACCESSING INFORMATION FROM THIS
PHYSICAL MEDIA, GLOBEXPLORER ENABLED WEB SITE OR ANY OTHER MEANS OF
DOWNLOADING INFORMATION, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS
OF THIS AGREEMENT, DO NOT ACCESS INFORMATION FROM ANY PHYSICAL MEDIA,
GLOBEXPLORER ENABLED WEB SITE, OR OTHER MEANS OF DOWNLOADING INFORMATION.

TERMS AND CONDITIONS

This is a legal agreement (this "Agreement") between you and GlobeXplorer, LLC, a DigitalGlobe company
("GlobeXplorer"). The aerial, satellite imagery, attribute data, and other associated information
("Information") are provided by and are the copyrighted property of GlobeXplorer and/or its licensors. By
accessing this physical media, web site, or otherwise downloading the Information, you agree to these terms
and conditions, and GlobeXplorer grants you a non-exclusive, non-transferable, limited license, without the
right to sublicense, to use the Information solely as set forth below.

1. Scope of Use: You agree to use the Information solely for personal or internal business purposes, and
not for commercial gain or resale purposes, nor for service bureau, commercial advertising or publication,
time-sharing or other similar purposes, unless explicitly permitted to do so in writing by GlobeXplorer.
Accordingly, but subject to the restrictions set forth in paragraph 2 (Restrictions), you may copy the
Information only as necessary for your personal or internal business use and may access or login to the
Information using the unique username and password provided by GlobeXplorer, on a single computer, to (i)
view it on your screen, (ii) print it, and (iii) transfer it to a portable computer device, provided that you do not
remove or alter any copyright notices that appear and do not modify the Information in any way.

2. Restrictions: Without limiting the foregoing, you may not (a) use the Information with any products or
systems, or prepare any derivative work, including for commercial gain or resale purposes, with the
Information or any portion thereof; (b) sublicense, transfer, assign, rent, lease, publish or otherwise convey
the Information, or any right with respect thereto, to any third party, unless such party is conducting or
performing work strictly on your behalf for a limited time; (c) disassemble, decompile or otherwise reverse
engineer all or any portion of the Information; (d ) remove from the Information, or alter, any of the
trademarks, trade names, logos, patent or copyright notices or other proprietary notices or markings, or add
any other notices or markings to the Information; (e) use your access to the Information to tamper with,
spoof, or attempt to obtain unauthorized access to GlobeXplorer's servers or databases; (f) use the
Information in an abusive manner as determined solely by GlobeXplorer; or (g) permit any other party to do
any of the foregoing.

3. Ownership: The Information is licensed, not sold, and you agree that the Information, and all intellectual
property and proprietary rights therein, are owned by GlobeXplorer and/or its licensors. GlobeXplorer and/or
its licensors reserves title and all rights and interests in and to the Information not expressly granted to you
in Section 1 (Scope of Use), including without limitation all patent rights, copyrights, trademarks, trade
names, trade secrets and other intellectual property and proprietary rights. There are no implied licenses
under this Agreement, and all rights not expressly granted are reserved by GlobeXplorer.
4. Copyright: The Information is the copyrighted property of GlobeXplorer and/or its licensors. All public
presentations of the Information must prominently display GlobeXplorer's company logo and copyright
information as rendered by GlobeXplorer inside the Information or a copyright notice clearly visible within or
immediately near the Information in substantially the following form: "Copyright [year]. DigitalGlobe, Inc. All
rights reserved." When online display is permitted under this Agreement, the Information must be
accompanied by a link to GlobeXplorer's End User License Agreement - which is found at this following
URL: http://www.globexplorer.com/legal-notices.shtml.

5. Maintenance and Update: You understand that GlobeXplorer may update the Information at any time,
but it is under no obligation to inform you of, or furnish to you, any such updates. This Agreement does not
grant you any right, license or interest in or to any support, maintenance, improvements, modifications,
enhancements, or updates to the Information. To the extent that GlobeXplorer supplies any updates to you,
such updates will be deemed to be subject to the terms of this Agreement, unless GlobeXplorer indicates
otherwise. GlobeXplorer reserves the right to charge fees for any future versions of, or updates to, the
Information.

6. Disclaimer of Warranty: ALL INFORMATION IS PROVIDED TO YOU "AS IS," AND YOU AGREE TO
USE IT AT YOUR OWN RISK. GLOBEXPLORER AND ITS LICENSORS (AND THEIR LICENSORS AND
SUPPLIERS) MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE INFORMATION,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, CONTENT, QUALITY, ACCURACY,
COMPLETENESS, EFFECTIVENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, USEFULNESS, USE OR RESULTS TO BE
OBTAINED FROM INFORMATION, OR THAT THE INFORMATION WILL BE ERROR-FREE. Some states,
territories and countries may not allow certain warranty exclusions, so to that extent, the above exclusion
may not apply to you.

7. Limitation of Liability: GLOBEXPLORER AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND
SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF THE NATURE OF OR THE CAUSE OF THE CLAIM, DEMAND OR ACTION, FOR ANY
LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE
THE INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN
IF GLOBEXPLORER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. CUMULATIVE AND AGGREGATE LIABILITY OF GLOBEXPLORER AND ITS LICENSORS
(INCLUDING THEIR LICENSORS AND SUPPLIERS) UNDER THIS AGREEMENT SHALL NOT EXCEED
FIVE HUNDRED U.S. DOLLARS (US $500). Some states, territories and countries do not allow certain
liability exclusions or damages limitations, so to that extent the above may not apply to you.

8. Disclaimer of Endorsement: Reference to any products, services, processes, hypertext links to third
parties, or other information by trade name, trademark, manufacturer, supplier or otherwise does not
necessarily constitute or imply endorsement, sponsorship or recommendation by GlobeXplorer or its
licensors. The GlobeXplorer name, trademark and logo, and other trademarks and trade names owned or
licensed by GlobeXplorer, may not be used in any commercial manner without the prior written consent of
GlobeXplorer.

9. Export Control: You agree and acknowledge that the Information is subject to U.S. export control law,
and you will comply with all applicable laws and regulations in your use of the Information under this
Agreement, including without limitation all export laws and regulations of the U.S. Department of Commerce
and all other U.S. agencies and authorities, including the Export Administration Regulations promulgated by
the Bureau of Industry and Security (as codified in 15 C.F.R. Parts §§ 730-774). Without limiting the
foregoing, you expressly agree not to export or re-export the Information in violation of such laws or
regulations, or without all required licenses and authorizations.

10. U.S. Government End Users: If the Information is being acquired by or on behalf of the United States
government or any other entity seeking or applying rights similar to those customarily claimed by the United
States government, the Information is licensed with "Restricted Rights." Utilization of the Information is
subject to the restrictions specified in the "Rights in Technical Data and Computer Data" clause at DFARS
252.227-7013, or the equivalent clause for non-defense agencies. For that portion of the Information using
GlobeXplorer created or licensed software ("Software"), this Software is a "commercial item" 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.

11. Indemnity: You agree to indemnify, defend and hold GlobeXplorer and its licensors (including their
respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers,
directors, employees, shareholders, agents and representatives of each of them) free and harmless from
and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or
claim of any kind or character, including, but not limited to, reasonable attorney's fees, arising out of or in
connection with any use or possession by you of the Information.

12. Terms and Termination: The term of this Agreement will commence upon your breaking the seal of the
packaging, or clicking of the "Accept" button on this web site, to access the Information and will continue
until terminated as specified in this Section 12 (Term and Termination). You may terminate this Agreement at
any time by using the prescribed account termination procedure as solely defined by GlobeXplorer. Such
termination initiated by you shall become effective upon the next billing cycle, after which you must
discontinue all use of the Information. GlobeXplorer may terminate this Agreement at any time, and without
prior notice take appropriate technical measures to effect such termination in the following cases: (a) you fail
to comply with the terms of this Agreement; (b) your use of the Information consumes an amount of
bandwidth greater than the amount GlobeXplorer is willing to provide in its sole discretion; (c) GlobeXplorer
reasonably determines that your use of the Information is abusive; (d) you distribute the Information in
violation of this Agreement; or (e) your use of the Information gives rise to any bona fide legal action against
GlobeXplorer or its officers, directors, employees or agents. Any termination by GlobeXplorer pursuant to
this section (Term and Termination) will be exercised without limiting any other rights or remedies of
GlobeXplorer. Upon termination of this Agreement, the license granted herein will terminate, and you must
immediately destroy all copies of the Information in your possession or control. Sections 3, 4, 6, 7, 8, 9, 10,
11, 12, 13, and 14 of this Agreement will survive termination. Terminations are not subject to refund.

13. Entire Agreement: These terms and conditions of this Agreement constitute the entire agreement
between GlobeXplorer (and its licensors, including their licensors and suppliers) and you pertaining to the
subject matter hereof and supersedes in their entirety any and all written or oral agreements previously
existing between us with respect to such subject matter.

14. Governing Law: The above terms and conditions shall be governed by the laws of the State of
Colorado, without giving effect to its conflict of laws provisions. The United Nations Convention on Contracts
for the International Sale of Goods shall not apply to this Agreement. You agree to submit to the jurisdiction
of federal and state courts located in Boulder County, Colorado for any and all disputes, claims and actions
arising from or in connection with the Information provided to you hereunder.
15. Anti-Hacking Provision: You agree not to use the Information or this web site in any manner or for
any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to: (a) use
the web site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law
or regulation; (b) use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining,"
"computer code" or any other automated device, program, tool, algorithm, process or methodology, or any
manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of
the web site or any data or content found on or accessed through the web site, without prior express written
consent; (c) obtain or attempt to obtain through any means any materials or information on the web site that
have not been intentionally made publicly available either by their public display on the web site or through
their accessibility by a visible link on the web site; (d) in any way bypass or circumvent any other measure
employed to limit or prevent access to the web site or its content; (e) violate the security of the web site or
attempt to gain unauthorized access to the web site content, data, materials, information, computer systems,
or networks connected to any server associated with this web site, through hacking, password mining, or
any other means; (f) interfere or attempt to interfere with the proper working of the web site or any activities
conducted on or through the web site, including accessing any data, content, or other information prior to the
time that it is intended to be available to the public on the web site; or (g) take or attempt any action that, in
the sole discretion of this web site's operators, imposes or may impose an unreasonable or
disproportionately large load or burden on the web site or such operator's infrastructure.

You might also like