)# MORAVEC LABS, LLC dba DYMAPTIC

GeoBlazor Pro Software License Agreement Terms

These GeoBlazor Pro Software License Agreement Terms (these “Terms”) govern your use of the GeoBlazor Pro Software Development Kit, including any accompanying documentation, source code, and updates provided by dymaptic (the “Software”). Please read them carefully. The Software is offered by Moravec Labs, LLC, dba dymaptic, a Texas limited liability company (“dymaptic” or “us”), and these Terms are an agreement between you and dymaptic. You must accept these Terms in order to use the Software. You represent that you are legally capable of accepting these Terms. If you do not accept these Terms, do not install or use the Software, and if presented with an option to click to agree to these Terms, click “No” or “Disagree.”

Article 1

LICENSE

  • 1.1 Grant of License. The Software is licensed to you, not sold. Subject to these Terms, dymaptic grants you a limited, nonexclusive, nontransferable, revocable, non-sublicensable license to download, install, and use the Software on up to five compatible devices in accordance with the Software documentation. This license is granted exclusively to individual developers and not at enterprise-level.

  • 1.2 License Term. Valid licenses include software updates for a term of one (1) year from the date of purchase (the “Term”), which Term renews automatically unless terminated by you in writing thirty (30) days prior to the renewal date. After expiration you will no longer receive any updates, bug fixes, enhancements, or new features; however, applications built with the Software may continue to be deployed after expiration of the Term and do not require renewal or an additional license.

  • 1.3 License Validation. Each deployment of the Software will require a valid License Key generated at https://licensing.dymaptic.com. This validation is necessary for the proper functioning of the Software. If a deployment is not set up with the correct licensing key,  the Software will not function.

Article 2

USER SUPPORT

  • 2.1 Support Credits Each license includes one year of support, which consists of up to ten (10) half-hour support credits (each a “Support Credit”) for troubleshooting application functionality. Each Support Credit is tracked in minimum increments of thirty (30) minutes. Additional Support Credits may be purchased separately from dymaptic by contacting support@dymaptic.com; all additional packages are sold in 10-credit blocks for $400. This price is subject to change from time-to-time pursuant to Section 9.5 below. Support credits expire at license expiration and do not carry over to renewal terms. Support Credits may be used to troubleshoot application functionality, but do not include writing or reviewing code; implementation into IT environments; or support for production applications. All support requests must be made via email to support@dymaptic.com, and must clearly identify: (a) your registered email address; (b) the issue encountered; and (c) steps or code to reproduce the issue if and when possible.

  • 2.2 Expidited and Escalated Support Requests. dymaptic will respond to regular support tickets within three (3) business days receipt of the request. Expedited response times with a 24- hour turnaround are available upon request and upon written confirmation by dymaptic, but will result in the use of a minimum of three (3) Support Credits; each half-hour block required beyond the initial thirty-minute support session will require the use of an additional Support Credit. Users may also request escalation to a senior dymaptic developer, which requires two (2) Support Credits for each 30-minute block.

    Article 3

    LIMITATIONS ON USE

  • 3.1 Access to Source Code. You will be provided access to the source code of the Software exclusively for your internal development purposes, provided that any modifications do not disable or circumvent the licensing process without explicit approval from dymaptic.

  • 3.2 Compliance with Laws. You may use the Software only in compliance with applicable law, including the local law of the jurisdiction in which you reside or use the Software. You may not export the Software to embargoed persons or countries or those on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List or their respective equivalents. You may not use the Software for any purpose prohibited by United States law.

Article 4

OWNERSHIP

  • 4.1 No Transfer of Ownership Rights. Subject to the licenses granted above, dymaptic retains all right, title, and interest in and to the Software and all updates, upgrades, and other modifications of it, including all intellectual property rights and related rights in and to the same. All rights in and to the Software not expressly granted herein are reserved by dymaptic.

  • 4.2 Third-Party Content. These Terms do not negate the requirement for an ArcGIS API Key or ArcGIS OAuth accounts for you to use the Software, as described in the Software documentation. All content displayed or accessed by the Software is protected by copyright and is the property of the respective owners. Third-party licenses may impose additional restrictions on your use of such content. You may not extract third-party content from the Software, or use such content except in accordance with the documentation of the Software.

Article 5

DISCLAIMER OF WARRANTIES

  •  5.1 Application. If you reside outside of the United States or its territories, you may have rights as a consumer that are inconsistent with these Terms. These Terms are binding only to the extent that they are enforceable under applicable law. For example, some jurisdictions do not allow the exclusion of implied warranties. Contact a local consumers’ rights advocate to learn more about consumers’ rights in your jurisdiction.

  • 5.2 Express Warranty. dymaptic warrants that the Software will be free of malicious code, such as computer worms and viruses or code that automatically limits or disables software functionality, other than the license validation described in Section 1.3 of these Terms.

  • 5.3 No Other Warranties. Your use of the Software is at your sole risk. Except as expressly provided above, the Software is provided on an “as is” and “as available” basis. dymaptic expressly disclaims all other warranties of any kind, whether express or implied, including, but not limited to, implied warranties of fitness for a particular purpose, merchantability, noninfringement, quality, performance, noninterference with information, and accuracy of informational content. There is no warranty that the Software will fulfill any of your particular purposes or needs. dymaptic does not guarantee or warrant that (1) your use of the Software will be uninterrupted, timely, secure, or error-free; (2) the results that may be obtained from the use of the Software will be accurate or reliable; or (3) any errors in the technology will be corrected. No information, whether oral or written, obtained by you from dymaptic or through a dymaptic service will create any warranty that is not expressly stated in these Terms.

  • 5.4 Remedies. If you are dissatisfied with the Software, or if you refuse to abide by these Terms, your sole and exclusive remedy is to discontinue your use.

Article 6

LIMITATION OF LIABILITY

DYMAPTIC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR (1) PERSONAL INJURY; (2) LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (3) THE COST OF GETTING SUBSTITUTE GOODS OR SERVICES; OR (4) THE USE, INABILITY TO USE, UNAUTHORIZED USE, OR PERFORMANCE OR NONPERFORMANCE OF ANY THIRD-PARTY ACCOUNT), EVEN IF DYMAPTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE . THE SOFTWARE IS NOT INTENDED FOR USE IN ENVIRONMENTS WHERE A FAILURE, DELAY, ERROR, OR INACCURACY COULD LEAD TO PERSONAL INJURY, DISASTER, OR DEATH.

Dymaptic’s total potential liability to you arising from or relating to these Terms or your use of the Software will not exceed a pro-rated amount of the fees paid by you to use the license. To obtain a refund you must provide written documentation of an un-remediated legal or technical issue with the Software. You further agree not to join in any lawsuit with another person or to serve as a class representative of any class-action lawsuit against dymaptic arising out of the use of the Software. Some jurisdictions do not allow the limitation of liability, exclusion of indirect damages, or waiver of class actions, so the foregoing limitations may not apply to you. In such cases, our liability is limited to the fullest extent permitted by applicable law.

Article 7

TERMINATION

Your license will terminate without further notice from dymaptic if you violate these Terms. On termination for breach, you must stop using the Software and erase or destroy any copies in your possession or control. Your obligations relating to any prohibited misuse of the Software will survive such termination. Any cause of action that dymaptic may have against you for breach of these Terms before the date of termination will survive such termination.

Article 8

RESTRICTION OF RIGHTS OF U.S. GOVERNMENT

The Software and documentation are “Commercial Items,” as defined at 48 CFR § 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as used in 48 CFR § 12.212 or 48 CFR § 227.7202-1 to § 227.7202-4, as applicable. Consistent with 48 CFR § 12.212 or 48 CFR § 227.7202-1 to § 227.7202-4, as applicable, the commercial computer software and commercial computer software documentation are licensed to U.S. government end users (1) only as commercial items and (2) with only the same rights as are granted to all other end users pursuant to the terms and conditions set forth in these Terms. Unpublished rights are reserved under the copyright laws of the United States.

Article 9

GENERAL

  • 9.1 Waiver. No waiver of any violation of these Terms will be a waiver of any subsequent violation. All waivers must be in writing.

  • 9.2 Severability. If a court of competent jurisdiction finds any provision of these Terms unenforceable for any reason, that provision will be deemed severed, and the rest will continue with full force and effect to the extent permitted by applicable law.

  • 9.3 Applicable Law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and is excluded. These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its rules respecting the conflicts of laws. Any litigation arising from these Terms or related to the Software may be brought only in the state or federal courts having subject-matter jurisdiction in Multnomah County, Oregon. U.S. persons and residents hereby irrevocably and unconditionally consent to the jurisdiction of any such court and waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, objection to venue with respect to any such action or proceeding, and objection to jurisdiction based on place of residence or domicile.
  • 9.4 Entire Agreement. These Terms are the entire agreement between you and dymaptic with respect to their subject matter, and may only be amended in a writing signed by dymaptic. You or your organization may have separate agreements with dymaptic. Such agreements are separate from these Terms and in no way alter or modify these Terms.
  • 9.5 Amendment. dymaptic may unilaterally change or add to these Terms at any time upon notice by any means dymaptic determines in its sole discretion to be reasonable, including sending you an email notification or by simply referencing a posted, newly revised version of the Terms on its website. It is your responsibility to review the most updated version of the Terms. By continuing to use the Software following such modifications, you agree to be bound by such modifications.