Individual License Agreement

For questions, contact Dee Blakey: dblakey@deeptimemaps.com

Licensor
Colorado Plateau Geosystems, Inc.
PO Box 22216
Phoenix Arizona 85028
USA

By clicking the “Accept” button, you (“Licensee”) hereby agree to the following license terms and conditions for using maps purchased on or through deeptimemaps.com (the “MAPS”). This is a license agreement (“Agreement”) with Licensor and you should not click on the “Accept” button unless you agree to the terms set forth herein.

  1. License Grant

Licensor hereby grants to Licensee a non-exclusive, non-transferable, limited license to use the MAPS for personal, non-commercial, educational purposes only.

  1. Limitation of License

The MAPS are subject to copyright protection. No license or right in the MAPS is granted to Licensee directly, by implication, or otherwise, except as expressly provided in Section 1. Without limiting the generality of the foregoing and notwithstanding anything to the contrary in this Agreement, Licensee may not:

  • Reproduce, publicly display, publicly perform, or create derivative works of the MAPS or any content contained on the MAPS;
  • Distribute copies or derivative works of the MAPS or any content contained on the MAPS;
  • Post any portion of the MAPS on the internet, FaceBook, YouTube, Vimeo, or any other internet-based software, service, application, or the like;
  • Use the MAPS in connection with the promotion of any product or service; or
  • Remove any copyright notice, proprietary information notices, or other notice contained in or displayed in connection with the MAPS.
  1. Request for Further Licenses

If Licensee desires permission to use the MAPS other than as expressly provided in Section 1, for example, to reproduce, distribute, display, or perform the MAPS or a portion of the MAPS, a request may be made in writing by contacting Licensor at dblakey@deeptimemaps.com. Requests will be considered on a case-by-case basis and may be granted for the following purposes:

  • Academic papers,academic journals, or other scholarly publications;
  • Academic talks, seminars, and poster sessions;
  • Academic course websites;
  • Library services; and
  • Other similar educational or non-commercial uses.

To be clear, no further license to use the MAPS shall be granted to Licensee unless in a signed writing by Licensor.

  1. Intellectual Property

Licensor shall retain all right, title and interest in and to all patent, copyright, trademark, trade secret, and any other intellectual property and proprietary rights existing now and in the future, whether or not registered or perfected (but to the extent existing, all registrations, applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force), and whether arising by operation of law, contract, or otherwise, in and to the MAPS. The MAPS are protected by copyright and other applicable laws, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. Licensee may not copy or use the MAPS except as permitted herein. Licensee agrees not to modify, adapt, or translate the MAPS.

  1. WARRANTY, WARRANTY DISCLAIMER, AND LIMITATION OF LIABILITY

Except as specifically set forth above and as between the parties, no further warranty of any kind is being provided by Licensor, including, without limitation, any warranty that the MAPS shall be free from defects in design, material or workmanship. LICENSEE ASSUMES TOTAL RESPONSIBILITY FOR THE USE OF THE MAPS AND THE MAPS ARE PROVIDED ON AN “AS-IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAPS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WHETHER ARISING UNDER LAW OR FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED BY LICENSOR AND FOREVER WAIVED BY LICENSEE. NO ADVICE OR INFORMATION GIVEN BY LICENSOR, ITS AFFILIATES OR ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY OR OBLIGATION OF LICENSOR.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE TO LICENSEE, AND LICENSEE COVENANTS THAT IT WILL NOT ASSERT A CLAIM AGAINST LICENSOR, UNDER ANY LEGAL THEORY, WHETHER IN AN ACTION BASED ON A CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE PROVIDED BY STATUTE OR LAW, (i) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR STATUTORY DAMAGES, OR ANY DAMAGES RESULTING FROM LOST PROFITS, OR INTERRUPTION OF BUSINESS, EVEN IF LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. FURTHER, LICENSEE HEREBY WAIVES, RELEASES, AND FOREVER DISCHARGES LICENSOR.

  1. Term and Termination

The term of this Agreement and the licenses granted herein shall begin upon Licensee’s purchase of the MAPS and shall continue as long as Licensee is using the MAPS or until the earlier termination of this Agreement pursuant to the provisions set forth herein.

Licensor may terminate this Agreement at any time and for any reason upon written notice to Licensee. Notice shall be deemed received by Licensee when sent by Licensor to an email address or physical address provided by Licensee to Licensor.

  1. General Provisions

Assignment. Licensee may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of Licensor. Any attempted assignment without such prior written consent shall be void and shall enable Licensor to terminate this Agreement. Licensor may assign all or part of this Agreement, without notice to Licensee.

Severability. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be amended to reflect, to the greatest extent permitted under applicable law, the original intent of the parties, and the remainder of the provisions shall remain in full force and effect.

Waiver. Either party’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other of its rights hereunder at any later date or time.

Survival. All terms and provisions of this Agreement that should by their nature survive the termination shall so survive.

Entire Agreement. This Agreement constitutes the entire agreement between Licensee and Licensor with respect to the subject matter hereof. This Agreement supersedes any prior agreements, representations, or dealings between the parties.

Amendment. This Agreement may be amended only by a written instrument signed by the parties or by Licensor submitting an updated license in a click wrap form to Licensee that Licensee agrees to which shall constitute a written instrument signed by the parties.

AGREE DISAGREE