Garmin XMap 7 GIS License Agreement

DeLorme XMap 7 GIS Single-User License Agreement

This is an Agreement between you, the end user, and DeLorme. By using the XMap 7 software

(all titles and versions), data, and documentation (the “System”), you are agreeing to be bound by

the terms of this Agreement. The XMap 7 system consists of three possible software titles:

XMap 7 Professional, XMap 7 GIS Editor, and XMap 7 GIS Enterprise Edition.

If you do not agree with the terms of this Agreement, you may not use the System. Return all

materials within thirty (30) days of receipt to the dealer from which you obtained them or to

DeLorme for a full refund.

Any term or condition of an approved purchase order that differs from or adds to the terms or

conditions of this Agreement, as well as any other modiﬁcation or amendment to this Agreement,

will not be effective unless expressly agreed to in writing by both parties.

LICENSE TERMS AND CONDITIONS

THE LICENSED SYSTEM

The System consists of DeLorme’s patented (U.S. Pat. Nos. 4,972,319; 5,030,117; 5,559,707;

5,802,492; and 6,321,158; other patents pending) processes for the formatting, storage, retrieval,

and presentation of geographic and geographically-related data; DeLorme’s copyrighted computer

program for the use of those processes and related functions; and compilations of geographic and

supplemental data that are proprietary to DeLorme or its licensors. The entire System, including

the software, documentation, data compilations, screen displays, and map printouts are protected

by U.S. and foreign copyright. You have no ownership rights in the System. Rather, you have a

license to use the System as long as this Agreement remains in full force and effect.

YOUR USE OF THE SYSTEM

Permitted Use. This Agreement permits a registered user to use the System on a non-exclusive

basis for personal, reference, or business purposes on a single computer at one time. You may

install the System on an auxiliary computer in addition to your principal computer. However, one

of these two computers must be portable and the software may not be used simultaneously on

both computers. Otherwise, once you have installed the System on one computer you may use the

System on a second computer only if you delete the System from the ﬁrst computer or purchase a

separate license. Installation of any part of the System on a network is prohibited unless you have

a separate network license. For information on network or multiple-user licensing, contact

DeLorme at prosales@delorme.com or 800-293-2389. You may use the System as instructed by

the documentation to perform its designed functions only for the purposes authorized by this

Agreement.

Paper Map Printout Rights. You may reproduce paper copies of any System map printouts for

personal or household use or, if you are a business or institution, for in-house purposes provided

that distribution and use of such printouts and copies of printouts is limited to the location where

the System is installed or limited to use by employees based at that location.

Paper Locator Map Distribution Rights. You may distribute to family and friends, including

via fax, paper copies of System map printouts depicting locations of personal interest. You may

distribute to your colleagues, clients, customers or prospects, including via fax, paper copies of

System map printouts depicting the location of your business or institution or the locations of

your business or institution-related meetings or events and in ﬂyers or brochures that contain no

paid advertising.

GPS Receiver Link. You may use the System with a DeLorme GPS receiver or with any other

GPS receiver recommended by DeLorme to display your approximate position on the screen, as

described and with the limitations explained in the documentation. You may use the System to

transfer waypoints between the System and GPS receivers recommended by DeLorme for that

purpose.

Earthmate PN Series GPS Device Map Data Distribution Rights. Earthmate PN series GPS

devices are supported by all of the XMap 7 software titles. You may use the System for the

distribution of duplicate copies of map data to multiple PN series device owners provided you are

a licensed XMap 7 GIS Enterprise user and provided that you do not receive any remuneration in

exchange for your distribution of such map data.

Paper Report Distribution Rights. You may reproduce for distribution to colleagues or clients

up to one thousand (1,000) paper copies of any System map printouts for use in paper reports

such as appraisals or environmental studies, provided that no such report includes more than ﬁfty

(50) different System maps and that the distribution does not constitute a general and unrestricted

publication for sale or resale or contain paid advertising.

Periodical Illustrations. You may reproduce paper copies of any System map printouts as

illustrations to articles in printed paper periodical works, such as magazines, newspapers and

newsletters, provided that the publication is not primarily a collection of maps, and provided that

a proper legend, as described below, accompanies the output. Such articles may also be posted on

your Web site. Graphic printers hired by licensee to print DeLorme map images are required to

purchase a license.

Special Presentation Rights. You may use paper copies of System map displays and printouts in

presentations to live audiences only with prior written permission from DeLorme.

Web Site Map Display Rights. You may display on your personal, business, or institutional

static Web site map images derived from the System, provided that you include the Legend

indicated below and that you provide a link to the DeLorme Web site at www.delorme.com from

any page featuring a DeLorme map image. If you subcontract a Web developer to display map

images, said Web developer must purchase a license.

Legend. Any System output that is provided to a third party must include the following credit and

or conceal any copyright or trademark notices appearing on any System output, except that when

creating a mural map you need only retain a single legend with scale, for use in the ﬁeld.

Phone Database. You may use the phone database subject to all of the provisions of this

Agreement. Use with Auto Dialer applications is prohibited. You shall use Phone Data in

compliance with any and all federal, state, and local statutes, regulations, and ordinances,

including without limitation, any applicable privacy, do-not-call, telemarketing, or related statutes

regulations or ordinances. You shall defend and indemnify DeLorme, including attorney fees,

against any claims arising out of your violation of this Agreement. Export of phone data is limited

to one thousand (1,000) records at any one time except as allowed under separate agreement.

Copy Services. You may use a commercial copy service to reproduce paper copies that are

authorized by this Agreement.

NetLink Tab. All data downloaded or purchased through the NetLink tab is subject to

DeLorme’s speciﬁc data use license agreement associated with those products. Commercial

resale of NetLink data is prohibited. You understand and agree that the trademarks, trade names,

service marks, copyrights, and other proprietary rights of DeLorme are and shall remain the sole

and exclusive property of DeLorme, and that you will not hold yourself out as having any

ownership rights thereto. You further agree that you will make no use of such rights except as

provided in this Agreement.

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