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Welcome
to Pitney Bowes MapInfo Corporation's Web site. The Web pages available
at mapinfo.com, and all linked pages (the "Site") are owned and
operated by Pitney Bowes MapInfo Corporation ("MapInfo"), a Delaware
corporation. By using the Site, you agree to abide and be bound by the
following terms and conditions ("Terms of Use") and our Privacy Policy. We may revise these Terms of Use and the Privacy Policy at any time, without notice to you.
1. Access to the Services MapInfo may provide certain services, as described more fully on the Site ("Services"), solely for your own personal use, not for commercial gain and not for the use or benefit of any third party. Services include, but are not be limited to, weblogs (or "blogs") or bulletin boards that MapInfo provides on the Site. MapInfo may change, suspend or discontinue the Services at any time, including the availability of any feature, database or content. MapInfo may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. 2. Access to Site Content The Site and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, without limitation, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips (the "Content") are protected by copyright. You agree to abide by all copyright notices, information and restrictions contained in any Content accessed through the Services. Unless your use constitutes "fair use" under copyright law, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express written consent of MapInfo. Your use of any software that you download or access from the Site is subject to the terms of a software license agreement between you and MapInfo. You are required to read the license agreement and indicate your acceptance of its terms before downloading and using the software. 3. Access to Third Party Web Sites, Content, Products and Services The Site may provide links to Web sites and access to content, products and services from third parties, including users, affiliates and sponsors of the Site. You agree that MapInfo is not liable for the availability or contents of third party Web sites, and that the risk for using the content on these sites is entirely yours. You should read the policies governing use of such Web sites. If you purchase products or services from a third party Web site that you access through the Site, your relationship is directly with the third party and MapInfo is not responsible for: (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. 4. Providing Content to the Site You may have the opportunity to provide content to some areas of the site, including on bulletin boards or blogs. You acknowledge and agree that if you use any of the Services to contribute Content to the Site, MapInfo is hereby granted a non-exclusive, worldwide, royalty-free, irrevocable and transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. You represent, warrant and agree that you will not contribute any Content that violates any law, infringes any intellectual property right or other proprietary right of any third party, including rights of privacy and publicity, or that is false, misleading, libelous, defamatory, obscene, pornographic, abusive, or offensive. MapInfo reserves the right to remove any Content from the Site at any time, for any reason, including, without limitation, upon receiving claims from third parties or governmental authorities relating to such Content, or if MapInfo believes that you may have breached these Terms of Use, or for no reason at all. 5. Restrictions You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the use the Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from MapInfo or any MapInfo user. You may not use the Site or Services to violate the security of any computer network, obtain passwords or security encryption codes, transfer, store or post illegal material. 6. Warranty Disclaimer MapInfo has no special relationship with or fiduciary duty to you. You acknowledge that MapInfo has no control over, and no duty to take any action regarding who gains access to the Site, what Content you access via the Site, what effects the Content may have on you, how you may interpret or use the Content or what actions you may take as a result of having been exposed to the Content. You hereby release MapInfo from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. MapInfo makes no representations concerning any content contained in or accessed through the Site, and MapInfo will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE "SERVICES," "CONTENT," "SITE" AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MAPINFO DOES NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE ERROR-FREE OR SECURE OR AVAILABLE ON AN UNINTERRUPTED AND TIMELY BASIS; (C) THE RESULTS GAINED FROM USING THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§ 2701-2711): MAPINFO MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. MapInfo will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other Content stored on MapInfo’s equipment, transmitted over networks accessed by the Site or otherwise connected with your use of the Services. Please also read the Pitney Bowes MapInfo Corporation Privacy Policy for additional notices, terms and conditions that apply to your use of the Site. MapInfo does not and cannot review all messages posted through its Services and is not responsible for anything posted on the Services. MapInfo nevertheless retains the right to remove any postings that MapInfo deems objectionable in its sole and absolute discretion. If you object to any posting made on a blog or bulletin board on the Site, please first contact the person who posted it to see if you can resolve the situation. If you and the poster agree, MapInfo will remove the posting. If the poster does not agree to the removal of the posting, MapInfo may or may not remove the posting, in its sole and absolute discretion. 7. Registration and Security As a condition to using certain Services, you may be required to register with MapInfo and select a password and user name ("MapInfo User ID"). You agree to provide MapInfo with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not select or use as a MapInfo User ID (1) a name of another person with the intent to impersonate that person or (2) a trademark that is subject to any rights of a person or entity other than you without appropriate authorization. MapInfo reserves the right to refuse registration of or cancel a MapInfo User ID in its sole and absolute discretion. You are responsible for maintaining the confidentiality of your MapInfo User ID, and you agree to immediately notify MapInfo of any unauthorized use of your MapInfo User ID. 8. Indemnity You agree to indemnify, and hold MapInfo, its parents, subsidiaries, affiliates, officers and employees, harmless, from and against any claim, demand, damages, loss, liability, costs or expenses, including attorneys fees, arising out of or in any connected with your access to the Site, your use of the Services, any violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. 9. Limitation of Liability IN NO EVENT SHALL MAPINFO BE LIABLE WITH RESPECT TO THE "SITE" OR THE “SERVICES” (i) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY YOU FOR ACCESS TO THE SITE OR USE OF THE SERVICES OR (ii) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. You should be aware that U.S. federal law (47 U.S.C. § 230) further protects MapInfo from liability for third party postings made on the Site. 10. Access by Children By using the site, you represent that you are at least 18 years of age. If you are a minor, you are not eligible to use the Site and we strongly recommend you provide no personal information through the Site. 11. Copyright and Trademark Information Copyright © Pitney Bowes MapInfo Corporation 2007. Pitney Bowes MapInfo Corporation, MapInfo and the other trademarks used on the Site are trademarks of Pitney Bowes MapInfo Corporation or their respective owners. Please refer to the Pitney Bowes MapInfo Corporation Trademark Guidelines for proper use of these trademarks. 12. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to its conflict of laws rules. MapInfo and you consent to personal jurisdiction of the state and federal courts sitting in Albany, New York. MapInfo and you also waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms of Use. |
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