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DigitalGlobe provides you with access to a variety of resources, including satellite and aerial imagery data, metadata, documentation, software and map data (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new properties, are subject to the ToU.
Unless otherwise specified, the Services are for your internal and non-commercial use and are subject to the NextView License as delivered with the Services.
Unless permitted by the NextView License or otherwise agreed by DigitalGlobe in writing, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. Unless otherwise agreed in writing, DigitalGlobe imagery products licensed or otherwise accessible through the Services may not be downloaded or otherwise saved on any non-DigitalGlobe system.
Collection of personal information by DigitalGlobe is governed by DigitalGlobe's privacy statement.
Any software that is made available to download from, through or for use with the Services ("Software") is the copyrighted work of DigitalGlobe and/or its suppliers. Use of the Software is governed by the following terms. By downloading, accessing, installing or otherwise using the Software you acknowledge you have read the terms below and agree to be bound by them. If you do not agree to be bound by the following terms, DigitalGlobe is not willing to grant you any rights or licenses to the Software or Services.
The Software is made available solely for use by you. You are granted a non-exclusive, non-transferable, limited license to: (1) download, install, and run the Software solely on computers that are within your control and responsibility and solely for the purpose of accessing and using the Services provided to you by DigitalGlobe. Any reproduction or redistribution of the Software not in accordance with the foregoing is expressly prohibited.
Without limiting the foregoing, copying or reproduction of the Software to any other server or location that allows further reproduction or redistribution of the Software is expressly prohibited unless otherwise agreed in writing by DigitalGlobe.
You recognize and agree that the Software and Services contain valuable assets and proprietary information of DigitalGlobe. Accordingly, you will not, and will not permit any third party to: (1) copy or reproduce the Software or Services; (2) modify, translate, adapt, alter, or create derivative works from the Software or Services; (3) merge the Software or Services or any component thereof with any other software or services; (4) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, databases, data structures or method of operation of the Software; (5) transfer, distribute, sublicense, rent, lease, sell, or loan the Software, Services or access thereto (or to any component thereof) to any third party; (6) use the Software or Services for the business needs of another person or entity, including without limitation, providing outsourcing, service bureau, commercial hosting, application service provider or on-line services to third parties; (7) remove, bypass or circumvent (or attempt to remove, bypass or circumvent) any electronic or other form of protection measure in place to regulate or control access to the Software or Services; (9) utilize the Software or Services for any commercial purposes; (10) utilize the Software or Services for any purpose that is illegal in any way or that advocates illegal activity; (11) alter, obscure or remove any copyright notice, copyright management information or proprietary legend contained in or on the Software or Services; or (12) otherwise use or access the Software or Services for any purpose not expressly permitted herein.
DigitalGlobe is under no obligation to provide you with any updates, upgrades, new versions, or new releases (collectively, 'Updates') to the Software, to correct any defects or errors in the Software, or to otherwise provide support or maintenance for the Software. Any Update of or to the Software provided to you by DigitalGlobe will be treated as part of the 'Software' for purposes of these terms. Upon receipt of any Update, you must discontinue your use of any prior version of the Software.
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DIGITALGLOBE DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL BE ACCURATE, CURRENT OR COMPLETE, THAT THE SOFTWARE OR SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS, OR THAT THE OPERATION OF THE SOFTWARE OR ACCESS TO THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. DIGITALGLOBE PROVIDES ALL SOFTWARE AND SERVICES AS A SERVICE TO YOU. SPATIAL, SPECTRAL, AND TEMPORAL ACCURACY CANNOT BE GUARANTEED. DIGITALGLOBE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY CERTAIN IMAGE CHARACTERISTICS OF THE SERVICES.
The 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 and is provided to the U.S. Government only as a commercial end item. The Services are 'commercial technical data' as defined in 48 C.F.R. 12.211. Consistent with 48 C.F.R. 12.211 through 12.212, 48 C.F.R. 227.7202-1 through 227.7202-4, and 48 C.F.R. 252-227-7015, all U.S. Government End Users acquire the Software and Services with only those rights set forth therein. DIGITALGLOBE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR SOFTWARE, TOOLS AND/OR UTILITIES. DIGITALGLOBE MAKES NO ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUTS DERIVED FROM THE USE OF SUCH TOOLS AND/OR UTILITIES.
Permission to use GIS tool user guides, developer guides and DigitalGlobe product and/or service guides (collectively, 'Documents') is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.
Documents specified above do not include the design or layout of any DigitalGlobe owned, operated, licensed or controlled site. Elements of DigitalGlobe sites are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic or image from any DigitalGlobe site may be copied or retransmitted unless expressly permitted by DigitalGlobe.
DIGITALGLOBE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DIGITALGLOBE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DIGITALGLOBE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. DIGITALGLOBE AND/OR ITS RESPECTIVE SUPPLIERS MAY CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL DIGITALGLOBE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
Use of the Services requires a password and a user name or other log-on credentials. You are entirely responsible for maintaining the confidentiality of your password and account credentials and you are entirely responsible for any and all activities that occur under your account. You agree to notify DigitalGlobe immediately of any unauthorized use of your account or any other breach of security. DigitalGlobe will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DigitalGlobe or another party due to someone else using your account or password.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or otherwise prohibited by these terms, conditions, notices or any DigitalGlobe end user license agreement applicable to the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair any DigitalGlobe server, or the network(s) connected to any DigitalGlobe server, or interfere with any other party's use of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any DigitalGlobe server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
THE SERVICES MAY CONTAIN LINKS TO THIRD PARTY SITES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF DIGITALGLOBE AND DIGITALGLOBE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DIGITALGLOBE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DIGITALGLOBE OF THE SITE.
DIGITALGLOBE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, LOST OPPORTUNITY OR LOST DATA OR ACCESS TO DATA, ARISING FROM OR RELATED TO THIS AGREEMENT OR TO THE SOFTWARE OR SERVICES, EVEN IF DIGITALGLOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIGITALGLOBE'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SOFTWARE OR SERVICES IS LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID DIGITALGLOBE FOR THE SOFTWARE IN THE 3 MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
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You will not export or re-export any Software or Services in violation of the U.S. Export Administration regulations or other applicable laws and regulations. You will defend, indemnify, and hold harmless DigitalGlobe from and against all fines, penalties, liabilities, damages, costs, and expenses incurred by DigitalGlobe as a result of any violation of such laws and regulations by You or any of Your agents or employees.
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