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PBS&J's Flood Map Desktop 9™. © 2007 PBS&J.
All
rights reserved. Redistribution of source or binary forms of this
software is not permitted outside of PBS&J.
END USER LICENSE AGREEMENT FOR PBS&J SOFTWARE
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a
legal agreement between you (either an individual or a single entity) and Post,
Buckley, Schuh & Jernigan, Inc. (PBS&J) for the PBS&J Software that
accompanies the EULA. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY
INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT
INSTALL, COPY OR USE THE SOFTWARE.
1. GRANT OF LICENSE. PBS&J grants you the following rights provided that
you comply with all the terms and conditions of this EULA:
1.1 Installation and use. You may install and use copies of the Software.
1.2 You may not sell, resell, license, rent, lease, lend, or otherwise
transfer for value, the Software. You may not license or distribute copies of
the Software by itself or as part of any other software, product or service.
You may not grant customers of your product or service any rights to license or
distribute the Software. You may not license or distribute the Software or
imply any PBS&J endorsement or association with any product, service,
entity or activity.
1.3 You must defend and indemnify PBS&J against any claims or lawsuits,
including attorneys' fees, that arise from or result from the licensing or
distribution of this software.
2. RESERVATION OF RIGHTS AND OWNERSHIP. PBS&J reserves all rights not
expressly granted to you in this EULA. The Software is protected by copyright
and other intellectual property laws and treaties. PBS&J owns the title,
copyright, and other intellectual property in the Software. The Software is
licensed, not sold. This EULA does not grant you any rights to trademarks or
service marks of PBS&J.
3. CONSENT TO USE OF DATA. You agree that PBS&J may collect and use
technical information gathered as part of the product support provided to you,
if any, related to the Software. PBS&J may use this information to improve
our products or provide customized services or technologies in the future and
will not disclose this information in a form that personally identifies you.
4. TERMINATION. Without prejudice to any other rights, PBS&J may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In
such event, you must destroy all copies of the Software and all of its
component parts.
5. DISCLAIMER OF WARRANTIES. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT
HOLDERS AND CONTRIBUTORS AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
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CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
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THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6. INDEMNIFICATION. YOU SHALL DEFEND, INDEMNIFY AND SAVE HARMLESS PBS&J,
AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, LIABILITIES, COSTS
AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING OUT OF OR IN CONNECTION WITH
OR CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE.
7. Limitation of Liability and Remedies. Notwithstanding any damages that you
might incur for any reason whatsoever (including, without limitation, all
damages referenced herein and all direct or general damages in contract or
anything else), the entire liability of PBS&J under any provisions of this
EULA shall be limited to the greater of the actual damages you incur in
reasonable reliance on the Software up to the amount actually paid by you for
the Software or US$5.00. The foregoing limitations, exclusions and disclaimers
shall apply to the maximum extent permitted by applicable law, even if any
remedy fails its essential purpose.
8. Applicable Law. This EULA shall be governed by the laws of the State of
Florida.
9. Entire Agreement; Severability. This EULA is the entire agreement between
you and PBS&J relating to the Software and supersedes all prior or
contemporaneous oral or written communications, proposals and representations
with respect to the Software or any other subject matter covered by this EULA.
If any provision of this EULA is held to be void, invalid, unenforceable or
illegal, the other provisions shall continue in full force and effect.
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