Terms of Use


LizardTech® makes available for your use information, documents, software and products (collectively, the “Site Materials”), and various services, if any, operated by LizardTech (collectively, the “Site Services”) on this Web site (the “Site”), subject to the following terms and conditions set forth in this document (the “Site Terms of Use”).

ACCEPTANCE OF SITE TERMS OF USE

  1. By accessing or using the Site, which includes your access to, or use of, any of the Site Materials and Services, you agree to the Site Terms of Use.
  2. LizardTech reserves the right to change the Site Terms of Use periodically at its sole discretion, and your use of the Site will be subject to the most current version of the Site Terms of Use posted on the Site at the time of such use.
  3. When using particular Site Materials, you shall be subject to any posted guidelines or rules applicable to such Site Materials that may contain terms and conditions in addition to those in the Site Terms of Use.
  4. If you breach any of the Site Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Site Materials downloaded or printed from the Site.

Copyright: Limited License

  1. The Site Materials on this Site, including, but not limited to, software and accompanying documentation that are made available to download, are protected by copyright and/or other intellectual property laws, and any unauthorized use of the Site Materials may violate such laws.
  2. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. Unless you agree to the terms of such end user license agreement, you will be unable to download or install the software. If you do not agree to such terms, you will not be able to use the software.
  3. Unless otherwise specified in the end user license agreement that accompanies or is included with software downloaded or registered from the Site, you may not decompile, translate, reverse engineer or attempt otherwise to discover the source code of the software available on the Site.
  4. LizardTech owns and retains the copyrights to the Site Materials, except as noted. LizardTech does not grant you any express or implied rights to any patents, copyrights, trademarks, or trade secret information with respect to the Site Materials.
  5. Except as specifically permitted herein, no portion of the Site Materials may be reproduced in any form or by any means without the prior written permission of LizardTech.

Trademarks: Limited License

  1. LizardTech®, MrSID®, GeoExpress®, Express Server®, Express Suite®, DjVu, GEOJP2 and GEODAM are among the trademarks and/or service marks owned by LizardTech and no license (either express or implied) is granted by LizardTech except as noted herein. All LizardTech trademarks and/or service marks shall be collectively referred to herein as “Marks”. This list is not exhaustive, and LizardTech may own other Marks that are not included here. Omission of any Marks from this list does not constitute a waiver by LizardTech of any of its intellectual property rights. All other products and company names mentioned in the Site may be registered marks or other trade or service marks of their respective owners.
  2. To the extent that the Site Materials include any trade name, trademark, or service mark owned by a third party, or likeness of or reference to an individual, you are responsible for obtaining appropriate permissions and licenses from such third party or individual for any use you make of the Site Materials, except as permitted in these Site Terms of Use.
  3. LizardTech Marks may only be used by authorized LizardTech sales channel partners who have a written agreement with LizardTech with an express limited license to use LizardTech Marks for the purpose(s) of marketing, advertising, promoting and/or distributing LizardTech products, as applicable, in accordance with such agreement. Any other use is strictly prohibited. If you are an authorized sales channel partner with a written agreement with LizardTech with an express limited license to use LizardTech Marks, then the following terms shall govern your use of the LizardTech Marks:
    1. Nothing contained herein or in your agreement with LizardTech shall give you any right or interest in LizardTech Marks or any goodwill associated with such Marks and you shall not claim any ownership interest in such Marks or associated goodwill;
    2. Any use of LizardTech Marks by you shall inure solely to the benefit of LizardTech. You may not use LizardTech Marks in any manner that disparages or discredits LizardTech;
    3. You may not do business under LizardTech’s Marks, nor will you permit any party to do the same;
    4. You may not use or adopt brands, logos or other trademarks, trade names or other marks which are the same or confusingly similar to LizardTech’s Marks, or set up web sites using LizardTech’s Marks as all or part of the URL;
    5. You may not affix any LizardTech Marks to products other than those authorized by LizardTech in your agreement with LizardTech;
    6. You agree to cooperate with LizardTech in facilitating LizardTech’s monitoring and control of the nature and quality of your use of LizardTech’s Marks and shall promptly provide LizardTech with a copy of all material in which you use any LizardTech Mark; and
    7. You agree that LizardTech’s limited license grant to you to use its Marks is expressly conditioned upon your observance of these terms and the terms of the agreement. Upon any expiration or termination of the agreement for any reason, you will immediately cease use of LizardTech’s Marks.

Use of Site Information

  1. Except as otherwise indicated elsewhere on this Site, you may view, download and print the Site Materials available on this Site subject to the following conditions:
  2. The Site Materials may be used solely for personal, informational, internal, and non-commercial purposes and may not be modified or altered in any way.
  3. Unless otherwise noted, the Site Materials may not be distributed.
  4. Unless indicated otherwise, images located in or obtained from the Site Materials may be viewed, downloaded for personal, noncommercial use, or may be used by partners, resellers and distributors solely to demonstrate or promote LizardTech products. Any other use of images located in or obtained from the Site including, but not limited to, unauthorized distribution, is prohibited without prior written permission from LizardTech and/or the copyright holder of the image. Images located in or obtained from the Resource Library Materials may be viewed, downloaded and printed subject to the Resource Library Materials Terms of Use.
  5. You may not remove any copyright or other proprietary notices contained in the Site Materials.
  6. LizardTech reserves the right to revoke your authorization to view, download and reproduce the Site Materials on this Site at any time, and any such use shall be discontinued immediately upon request from LizardTech.
  7. The rights granted to you by the Site Terms of Use constitute a limited license and not a transfer of title.
  8. The rights specified above to view, download and reproduce the Site Materials available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Warranties and Disclaimers

  1. Except as expressly provided otherwise in a written agreement between you and LizardTech, all Site Materials and Services on this Site are provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, LizardTech makes no warranty that the Site Materials and Site Services, if any, or your use of the same (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error-free, (iii) will garner effective, accurate or reliable results, (iv) will meet your expectations, and (v) any errors in the software obtained from the Site will be corrected. Some States or Jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
  2. The use of the Site Services or the downloading or other acquisition of any Site Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from LizardTech or through or from the Site shall create any warranty not expressly stated in the Site Terms of Use.
  3. The Site could include technical or other mistakes, inaccuracies or typographical errors. LizardTech may make changes to the Site Materials and Services, including the prices and descriptions of any products listed herein, at any time without notice. The Site Materials and Services at this Site may be out of date and LizardTech makes no commitment to update such Site Materials or Services.
  4. LizardTech assumes no responsibility for errors or omissions in the Site Materials and/or Services that are referenced by or linked to the Site. References to other corporations, their services and products, are provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
  5. In no event shall LizardTech or its suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not LizardTech has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Site or of any Web site referenced or linked to from the Site.
  6. The Site contains links to third-party Web sites that are not under the control of LizardTech. LizardTech makes no representations whatsoever about any other Web site to which you may have access through the Site. When you access a non-LizardTech Web site, you do so at your own risk and LizardTech is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. LizardTech provides these links merely as a convenience and their inclusion does not imply that LizardTech endorses or accepts any responsibility for the content or uses of such Web sites.
  7. This Site can be accessed from other countries around the world and may contain references to LizardTech products, services, and programs that have not been announced in your country. These references do not imply that LizardTech intends to announce such products, services or programs in your country.

Governing Law and Jurisdiction

  1. This Site is controlled by LizardTech from its offices within the State of Washington, United States of America. By accessing this Site, you and LizardTech agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Washington, without regard to the conflicts of laws principles thereof. You and LizardTech also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of the State of Washington, County of King or the United States District Court for the Western District of Washington with respect to such matters.
  2. LizardTech makes no representation that the Site Materials available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Export Control Laws

  1. The export and re-export of LizardTech software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to any country to which the United States embargoes goods. In addition, LizardTech software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading a LizardTech software product you are certifying that you are not a national of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Notice To Government End Users

  1. LizardTech software is unpublished software, trade secret and confidential or proprietary information of LizardTech or its licensors and is commercial software developed at private expense. Any and all LizardTech software that is acquired by or on behalf of any unit or agency of the United States Government is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), any use, modification, reproduction, release, performance, display, or disclosure of the LizardTech software by the U. S. government shall be solely in accordance with the terms of the LizardTech software’s applicable software license agreement.

Indemnity

  1. You agree to indemnify and hold LizardTech, including, but not limited to, its affiliates, distributors, resellers, partners, officers, agents, 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 Site (including, without limitation, any User Submissions), your use of the Site, your connection to the Site, your violation of the Site Terms of Use, or your violation of any rights of another person or entity.

Other

The information contained in the Site is subject to change without notice. Copyright © 2003-2010 LizardTech. All rights reserved.

LizardTech, 1008 Western Avenue, Suite 200, Seattle, WA 98104 USA