BY CHECKING THE BOX BELOW THAT READS "I HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS", YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS FOR USE OF THIS WEB APPLICATION: Finger Lakes Decision Support System This application is the property of The Institute for the Application of Geospatial Technology (hereafter will be referred to as "IAGT") which has its principal office at 199 Franklin St., Suite 300, Auburn, NY 13021-3025. TERMS AND CONDITIONS OF USE The Finger Lakes Decision Support System is a Web-enabled software application ("Web Application") made available by IAGT ("Provider") and all data, information and software ("Components") provided as part of or accessed through the Web Application may be used solely under the following terms and conditions. 1. Web Application Limited Prototype License. As a Prototype User of the Web Application you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Application in accordance with these Terms of Use. Provider may terminate this license at any time for any reason. 2. You, as Prototype User, understand that the architecture of the Web Application may require that some of the Components of the Web Application be installed on your client computing machine ("Client Machine"). These locally-installed Components are integral to the Web Application and are not intended to be used for purposes other than those provided through this Agreement. Further, as Prototype User, you understand that, at the conclusion of the Prototype evaluation period (to be determined via communication with IAGT on site by site basis, but not to extend beyond August 31, 2005), all locally-installed Components must be completely and permanently removed from the Client Machine(s). 3. You, as Prototype User, agree to evaluate the Web Application for the purpose of providing feedback thereon to IAGT and agree to so provide constructive feedback regarding it to IAGT. IAGT may freely disclose, distribute and otherwise use the feedback. 4. Limitations on Use. The Web Application is for Prototype evaluation use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from any of the Components of the Web Application or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Application or the Components without Provider's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Application, except to the extent permitted above. You may not use (or otherwise export the Web Application or any portion thereof) the Web Application or Components in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Web Application or its Components is prohibited. 5. Maintenance/Updates. IAGT is not obligated to provide maintenance, technical support or updates to Prototype User for the Web Application provided to Prototype User pursuant to this Agreement unless otherwise agreed pursuant to a separate written document. However, IAGT may, in its sole discretion, provide revised versions, technical support, updates and/or supplements of the Web Application and/or related information ("Updates") to Prototype User hereunder, in which case such Updates shall also be deemed to be included as part of the "Web Application". 6. Intellectual Property Rights. (a) Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all proprietary rights are reserved by IAGT and the Components and Web Application are protected by copyright, trademark, patent and/or other proprietary rights and laws. (b) All title and intellectual property rights in and to the Components (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated within the Application), and any copies of the Components that User is expressly permitted to make herein, are owned by IAGT or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Web Application are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by IAGT. 7. In no event shall IAGT be obligated to provide Prototype User a copy of the commercial release version of the Web Application or its Components in connection with Prototype User's participation in the evaluation program. 8. Linking to the Web Application. If you wish to provide links to a section within the Web Application, you should forward your request to Provider at info@iagt.org or by regular mail at the address stated above and Provider will notify you if permission is granted, and, if so, the terms and conditions of the permission. 9. License of Your Content to Provider. By submitting any materials for use within the Web Application, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world. 10. No Solicitation. Users shall not distribute on or through the Web Application any content or material containing any advertising, solicitation for goods, services or funds or solicitation for Users to become members of any enterprise or organization without the express written permission of the Provider. In no event may any person or entity solicit any Users with User profile data retrieved from this Web Application. 11. Registration. If registration is requested, you agree to provide Provider with accurate, complete registration information. It is your responsibility to inform Provider of any changes to that information by emailing info@iagt.org. Each registration is meant to limit use to a specified user or a group of authorized users within an organization. Use by anyone outside the organization is forbidden unless specifically authorized in writing by IAGT. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing info@iagt.org. 12 Errors and Corrections. Provider does not represent or warrant that the Web Application or its Components will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Application will be correct, accurate, timely, or otherwise reliable. However, Provider reserves the right to make improvements and/or changes to its features, functionality or Components at any time. 13. Third Party Content. Third party content may appear within this Web Application or may be accessible via links from this Web Application. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing within the Web Application. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider. 14. DISCLAIMER. THIS WEB APPLICATION IS PROVIDED ON AN "AS IS" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB APPLICATION AND ITS COMPONENTS, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB APPLICATION, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB APPLICATION OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB APPLICATION, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB APPLICATION. 15. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB APPLICATION. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB APPLICATION OR ITS COMPONENTS. TO ANY EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER'S SOLE AND MAXIMUM OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100. 16. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, email addresses, usage history, posted materials, IP addresses and traffic information. 17. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload via the Web Application. You agree to indemnify and hold harmless Provider from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the Web Application, or your violation of any rights of a third party. 18. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including, but not limited to, the right to block access from a particular Internet address to the Provider's Web Application and its Components. 19. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of New York and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Cayuga County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. 20. Privacy. Your use of the Web Application is subject to Provider's Privacy Policy, available through a link within the Web Application. 21. Severability of Provisions. These Terms of Use incorporate by reference any notices contained within the Web Application or the Privacy Policy. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. 22. Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear within the Web Application and are effective immediately when posted. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Application after any such changes constitutes your consent to such changes.
I HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS
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