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iShareMaps On Demand

Terms of Use

If you are choosing to use the iShareMaps On Demand (the "Services") from Astun Technology Ltd then you ("You") accept and agree to be bound by the following terms and conditions (the "Terms of Use").

1. Services

1.1 Description of Services. The Services consist of a set of Web Services, that allows You to geocode locations around the world and to extract map images subject to the limitations and conditions described below. Astun Technology shall have sole and complete control over the data and format supplied to You.

In order to use the Services, You must have an iShareMaps On Demand Account. After supplying Astun Technology with Your account information and agreeing to the Terms of Use, You will be issued an alphanumeric key assigned to You by Astun Technology that is uniquely associated with your iShareMaps On Demand Account. In the future the service may also require the IP address of your service to ensure that piracy of account keys does not happen.

1.3 Modifications. Astun Technology reserves the right to release subsequent versions of the Services and to require You to obtain and use the most recent version. Astun Technology may modify the Terms of Use at any time with or without notice, and You can review the most current version of the Terms of Use online . If a modification is unacceptable to You, You may cancel the Service through this website . If You continue to use the Service on any Site, You will be deemed to have accepted the modifications.

2. Proprietary Rights

2.1 Astun Technology Rights. For purposes of the Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and Astun Technology, You acknowledge that Astun Technology or a data supplier owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and or Data Content and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Use.

3. Data Content

iShareMaps On Demand sources of data are from a variety of suppliers. As such, the global place gazetteer is sourced from public domain sources along with the global vector maps. Street level mapping and other street and postcode lookup data sources may come from the Microsoft MapPoint Web Service or other public domain sources. The copyright and intellectual property rights stays with the suppliers.

Please note that If we find you accessing the service in a repetitive and batch method with the sole aim of deriving datasets then we will immediately terminate your access to the service.

4. Indemnity

You agree to hold harmless and indemnify Astun Technology Ltd, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Use or any other actions connected with use of Astun Technology services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Astun Technology will provide You with written notice of such claim, suit or action.

5. 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. ASTUN TECHNOLOGY 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. ASTUN TECHNOLOGY 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 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 ASTUN TECHNOLOGY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

6. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASTUN TECHNOLOGY SHALL NOT BE LIABLE TO YOU 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 ASTUN TECHNOLOGY 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 (v) ANY OTHER MATTER RELATING TO THE SERVICE.

7. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

8. Term and Termination

8.1 Term. The term of the Terms of Use shall commence on the date upon which agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein.

8.2 Termination. Astun Technology may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time. This includes, without limitation, to excessive usage or that in the future we will be incorporating a tighter security model may be incorporated that will tie license keys to domains / IP addresses.

If Astun Technology is to make any changes that are not deemed acceptable by, You Astun Technology will give you no less than one-month notice or the opportunity to serve out their last paid subscription period where this period is greater than a month.

8.3 Rejection of Application. Astun Technology shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and Astun Technology. Astun Technology shall not be liable to You for damages of any sort resulting from its decision to reject such a request.

8.4 Effect of Termination. Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any cached locations

9. General Information

Entire Agreement. The Terms of Service constitute the entire agreement between You and Astun Technology and govern your use of the Service, superseding any prior agreements between You and Astun Technology. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Astun Technology services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between You and Astun Technology shall be governed by the laws of the England without regard to its conflict of law provisions. You and Astun Technology agree to submit to the personal and exclusive jurisdiction of the courts located within England.

Waiver and Severability of Terms. The failure of Astun Technology to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect.

The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.



 
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