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Maps On Us (SM) End User License Agreement


END USER INTERNET LICENSE
IMPORTANT - READ CAREFULLY BEFORE ACCESSING THIS WEB SITE.
By accessing this web site you accept this Agreement.

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND SWITCHBOARD INCORPORATED. BY ACCESSING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THIS WEB SITE.

1. GRANT OF LICENSE. Switchboard Incorporated is an authorized sublicensor of products owned and created by Switchboard's licensor. Switchboard grants you a non-transferable, non-exclusive license to use the map images contained on this web site (the "Products"), solely for internal use by your business or for your own personal use, only with one central processing unit at any one time. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Products. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Products or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, decompilation or any other means. You shall not use the Products to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any, and Switchboard's licensor retains all, ownership rights in the Products. The Products are copyrighted and may not be copied, even if modified or merged with other Products. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Products.

2. DISCLAIMER OF WARRANTY AND LIABILITY. THE PRODUCTS ARE PROVIDED TO YOU ON AN "AS IS" AND "WITH ALL FAULTS" BASIS. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THE PRODUCTS. THE PRODUCTS ARE COMPLEX AND MAY CONTAIN SOME NONCONFORMITIES, DEFECTS OR ERRORS. SWITCHBOARD DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR NEEDS, "EXPECTATIONS OR INTENDED USE," THAT OPERATIONS OF THE PRODUCTS WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED.

SWITCHBOARD MAKES AND USER RECEIVES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.

IN NO EVENT SHALL SWITCHBOARD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIM OR LOSS INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA) IRRESPECTIVE OF WHETHER SWITCHBOARD HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL SWITCHBOARD'S LIABILITY TO YOU OR ANY THIRD PARTY EXCEED $100.00.

3. MISCELLANEOUS. This is the exclusive Agreement between Switchboard and you regarding its subject matter. You may not assign any part of this Agreement without Switchboard's prior written consent. This Agreement shall be governed by the internal laws of California. You shall pay any taxes on the Products or transactions except for those based on Switchboard's annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. Any notice under this Agreement shall be delivered by U.S. certified mail, return receipt requested, or by overnight courier to Switchboard at the address below. Switchboard's licensor shall be a third party beneficiary of Switchboard's rights under this Agreement, but is not a party hereto and shall have no obligation hereunder.

COMMERCIAL COMPUTER SOFTWARE

The software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995) consisting of "commercial computer software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Governmental End Users acquire the software with only those license rights set forth herein. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that these Products are trade secret and proprietary commercial products and not subject to disclosure. The Products are copyright (c) 1984-1998 by Etak, Inc. UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES.

Switchboard   Switchboard Incorporated
115 Flanders Rd
Westboro, Massachusetts 01581