MicroGIS Service Level Agreement ( SLA)
Welcome to the Micro Associates Consultancy ( India) Pvt Ltd. Web site (MA web site). By using the MA web site, you agree to follow and be bound by the following terms and conditions concerning your use of the MA web site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.
Areas of the MA web site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the MA web site, the later shall have precedence with respect to your use of that area of the MA web site.
1. Use of Web MA web site Information You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the MA web site subject to the following:
a. The Documents may be used solely for personal, informational, non-commercial purposes; and
b. The Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from The Web MA web site in whole or in part without the written consent of Micro Associates Consultancy (India) Pvt Ltd.
2. Use of Software Any use of software and accompanying documentation you download from the MA web site is subject to the terms of a software license agreement between you and Micro Associates Consultancy ( India) Pvt Ltd. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
3. Use of Forums and Public Communication "Forum" means a discussion group, chat area, bulletin board, news group, letter to Micro Associates Consultancy ( India) Pvt Ltd., its webmaster or employees, or e-mail function offered as part of the MA web site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that:
a. is false or misleading;
b. is defamatory;
c. is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual;
d. is obscene;
e. infringes another's rights, including but not limited to intellectual property rights;
f. constitutes unsolicited bulk e-mail, "junk mail ," "spam" or chain letters; or
g. violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the MA web site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Micro Associates Consultancy ( India) Pvt Ltd., you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Micro Associates Consultancy (India) Pvt Ltd., you automatically grant (or warrant that the owner of such rights has expressly granted) Micro Associates Consultancy (India) Pvt Ltd. a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the MA web site, and are fully responsible for all activities that occur under your password(s). You agree to notify Micro Associates Consultancy ( India) Pvt Ltd. immediately of any unauthorized use of your password(s).
Micro Associates Consultancy ( India) Pvt Ltd. is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.
5. Termination of Use
You agree that Micro Associates Consultancy ( India) Pvt Ltd. may, in its sole discretion, at any time terminate your access to the MA web site and any account(s) you may have in connection with the MA web site. Access to the MA web site may be monitored by Micro Associates Consultancy ( India) Pvt Ltd.
6. Third Party Web MA web sites, Content, Products and Services
The MA web site provides links to Web MA web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the MA web site. You agree that Micro Associates Consultancy ( India) Pvt Ltd. is not responsible for the availability of, and content provided on, third party Web MA web sites. You should refer to the policies posted by other Web MA web sites regarding privacy and other topics before you use them. You agree that Micro Associates Consultancy ( India) Pvt Ltd. is not responsible for third party content accessible through the MA web site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Micro Associates Consultancy ( India) Pvt Ltd. is not responsible for:
(a) the quality of third party products or services; and
(b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Micro Associates Consultancy ( India) Pvt Ltd. is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE MA WEB SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE MA WEB SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MICRO ASSOCIATES CONSULTANCY (INDIA) PVT LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOS AND NON-INFRINGEMENT. MICRO ASSOCIATES CONSULTANCY ( INDIA) PVT LTD. MAKES NO WARRANTY THAT:
A. THE MA WEB SITE WILL MEET YOUR REQUIREMENTS;
B. THE MA WEB SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
C. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MA WEB SITE OR ANY SERVICES OFFERED THROUGH THE MA WEB SITE WILL BE ACCURATE OR RELIABLE;
D. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MA WEB SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MA WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MICRO ASSOCIATES CONSULTANCY (INDIA) PVT LTD. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
MICRO ASSOCIATES CONSULTANCY ( INDIA) PVT LTD. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE MA WEB SITE AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL MICRO ASSOCIATES CONSULTANCY (INDIA) PVT LTD. BE LIABLED FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE MA WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless Micro Associates Consultancy (India) Pvt Ltd., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the MA web site.
10. Privacy Policy
Micro Associates Consultancy ( India) Pvt Ltd. is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at http://www.microassociates.co.in/
11. Note About Children
Minors are not eligible to use the MA web site, and we ask that they do not submit any personal information to us.
12. Export Restrictions/Legal Compliance
You may not access, download, use or export the MA web site, or the content, software, products or services provided on the MA web site in violation of INDIAS' export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any Indian or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Micro Associates Consultancy (India) Pvt Ltd. in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Micro Associates Consultancy ( India) Pvt Ltd. outside India. Neither the services of Micro Associates Consultancy (India) Pvt Ltd. nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into the countries subject to Indian trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone who is on Government of India's restricted list. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. Applicable Laws
All matters relating to your access to, and use of, the MA web site shall be governed by Indian. federal law. Any legal action or proceeding relating to your access to, or use of, the MA web site shall be instituted in a state or federal court in the territory of India. You and Micro Associates Consultancy ( India) Pvt Ltd. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
14. Copyright/Trademark Information
Copyright © 1995-2000, Micro Associates Consultancy ( India) Pvt Ltd. Corporation. All rights reserved.
Micro Associates Consultancy ( India) Pvt Ltd. is a registered trademark of Micro Associates Consultancy ( India) Pvt Ltd. Corporation. Other names appearing on the MA web site may be trademarks of their respective owners.
15. Contact Information
If you have any questions regarding these Terms of Use, please contact Micro Associates Consultancy ( India) Pvt Ltd. at microassociates@vsnl.com. For more information please visit the site http://www.microassociates.co.in/
ADDENDUM
SLA For Micro Associates Consultancy ( India) Pvt Ltd.
• System generated documents and forms. The system may generate documents in market standard document formats, to process the same you will have to install a market standard document processing software on you machine. The documents are meant for non-commercial and personal use only. Any modifications made to legal formats or related documents may lead to rejection of the same. MA does not claim any responsibility towards the same
• To execute the software one must comply with the minimum system requirements which are of the following configuration
Operating System => Windows 95/98/ME/2000 Professional
Hardware Configuration => Pentium (minimum Processor speed 233 MHz), 64 MB RAM, 20 MB of Hard Disk space
Supporting Applications => Market standard document processing software, market standard browser. We recommend you user Ms Office 97 or above and Internet Explorer 5.0 for the same
Internet Connection (modem, cable, ISDN or any market standard)
• MA maintains full ownership over the APPLICATION provided online. MA also retains rights to make changes to the applications as it deems fit.
• The user may be provided with their respective data backups in text format, which can be viewed in any regular text editor. The backups may be provided on demand on a chargeable basis.
• The system will also maintain native database backups for the user and keep them in a secured location to facilitate smooth functionality of the service and also restore the same in case of a crash or a failure. The frequency and duration of the same is at the discretion of MA.
• MA does not claim any responsibility for any failure of SERVICE or down time caused due to the following consequences.
§ Natural calamities
§ Major Power failures at the host providers end.
§ Bandwidth slowdown
§ Virus attacks from other or allied sites
OR any other reasons beyond the control of the company.
• MA takes complete responsibility towards the upkeep and functionality of the MA SERVICE
Rights Reserved for Micro Associates Consultancy ( India) Pvt Ltd.
Terms and Conditions MicroGIS
1. User can maintain addressbook
2. Edit his/her personal details
3. User can make groups from addressbook contacts and set message for the group.
4. Send reminders to anyone at any time through email or mobile message.
5. Send greetings to anyone at any time through email or mobile message.
6. Set emergency code and use that code to send message to all users specified for that emergency.
7. Reports for pending and sent messages
Terms and Conditions
This service is provided by MicroGIS. ("We" or "MicroGIS") to you ("you" or "user") , subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by MicroGIS. MicroGIS currently offers services to users who agree to abide by
i. the terms and conditions of this Agreement;
ii. the privacy policy, and
iii. any guidelines posted on the MicroGIS network of sites. MicroGIS reserves the right to change the nature of this relationship at any time without notice to you. You may review the most current version of this Agreement at: http://www.MicroGIS.net/ In addition, when using particular services of MicroGIS, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted by MicroGIS from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Users who violate the terms of this Agreement will have their MicroGIS account ("Account") canceled and they may permanently be banned from using MicroGIS. ENTERING a page of the MicroGIS site WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER ANY SITE OF THE MicroGIS NETWORK.
Service Description
MicroGIS currently provides users with access to a collection of resources, including, various communications tools, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including but not limited to the release of new MicroGIS properties, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that MicroGIS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Unless otherwise stated, all fees on the Service are quoted in United States Dollars. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content and data, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that MicroGIS has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MicroGIS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MicroGIS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). MicroGIS is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as a legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 4 below) is appropriate for your child. You agree to grant MicroGIS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers), right to exercise the copyright and publicity rights you have to your Registration Data and any information you provide to MicroGIS or other users within publicly accessible areas of the Service or through the messaging service ("Your Information"), in any media now known or not currently known. MicroGIS will only use the Registration Data and Your Information in accordance with MicroGIS Privacy Policy.
User Account, Password, and Security
You will receive confirmation of your User ID upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password for your Account, and are fully responsible for all activities that occur under your password or Account. You agree to (a) immediately notify MicroGIS of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. MicroGIS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Conduct of User
You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not MicroGIS, are entirely responsible and liable for all activities conducted through your Account. SMS does not control the Content posted or transmitted in any way via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using this Service you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will MicroGIS be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via SMS or otherwise transmitted via the Service. Listed below are some, though not all, violations that may result in MicroGIS terminating your Account. You agree not to do any of the following actions while using the Service:
- Harass, "stalk", threaten, embarrass or cause distress or discomfort upon another MicroGIS participant, user, or other individual or entity;
- Upload, post, email, SMS, or otherwise transmit via the Service any Content that MicroGIS considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
- Upload, post, email, SMS, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, email, SMS, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
- Cause any screen in the Service to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect;
- Impersonate in the Service any person, including but not limited to, a MicroGIS official, forum leader, guide or host;
- Disrupt the normal flow of dialogue within the Service or otherwise act in a manner that negatively affects other participants;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Service;
- Collect or store personal data about other users; Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Service or in connection with your use of the Service in any manner; and
- Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Service.
Without limitation, MicroGIS shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MicroGIS, transmitted through the Service, or submitted to MicroGIS. You acknowledge and agree that MicroGIS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MicroGIS, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
International Use
Recognizing the global nature of the Internet and wireless messaging, you agree to comply with all local rules regarding online and telecommunication conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Public Content Posted on or via the Service
For purposes of this Agreement, "publicly accessible areas of the Service" are those accessible by the general public.
With respect to Content you elect to post for inclusion in publicly accessible areas of the Service that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant MicroGIS the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific service of MicroGIS to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant MicroGIS the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Indemnity
You agree to indemnify and hold MicroGIS, and its subsidiaries, affiliates, officers, agents, customers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
General Practices Regarding Use and Storage
You acknowledge that MicroGIS may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the MicroGIS servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MicroGIS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that MicroGIS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Service Modifications
MicroGIS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MicroGIS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination
You agree that MicroGIS, in its sole discretion, may terminate your password, Account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if MicroGIS believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. MicroGIS may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that MicroGIS may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service. Further, you agree that MicroGIS shall not be liable to you or any third-party for any termination of your access to the Service.
Dealings with Advertisers and Users
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MicroGIS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. In addition, MicroGIS does not regulate user-to-user dealings, therefore, in the event you have a dispute with one or more users of the Service, You agree that MicroGIS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such user or users on the Service.
Site Links and Other Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MicroGIS has no control over such sites and resources, you acknowledge and agree that MicroGIS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MicroGIS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Proprietary Rights of MicroGIS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MicroGIS or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. MicroGIS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MicroGIS for use in accessing the Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MicroGIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. MicroGIS MAKES NO WARRANTY THAT
i. THE SERVICE WILL MEET YOUR REQUIREMENTS,
ii. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
iii. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
iv. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
v. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MicroGIS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MicroGIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MicroGIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
i. THE USE OR THE INABILITY TO USE THE SERVICE;
ii. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
iii. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
iv. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections. They go twice for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. MicroGIS shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notice
Notices to you may be made via email, SMS (short message service), regular mail, or the Service may also provide notices of changes to this Agreement or other matters by posting notices or links to notices generally on the Service.
General Information
This Agreement constitutes the entire agreement between you and MicroGIS and governs your use of the Service, superceding any prior agreements between you and MicroGIS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of MicroGIS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Violations
Please report any violations of this Agreement to microassociates@vsnl.com
MicroGIS Corporate. Terms and Conditions
Privacy Policy MicroGIS
|
