END-USER LICENSE AGREEMENT (“EULA”)
Our EULA was last updated on January 26, 2024. Please read this EULA carefully before downloading, installing, or using the Software and/or Associated Code (“Code”).
 

1.    INTERPRETATION AND DEFINITIONS
a.    Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
b.    Definitions
For the purposes of this EULA:

• “You” means the individual accessing or using the Software or the Company, or other legal entity on behalf of which such individual is accessing or using the Software, as applicable.

• “Agreement” means this EULA that forms the entire agreement between You and Mad Nadir Mapping, LLC (“MNM” or “Company”) regarding the use of the Software.

• “Software” means the software program provided by the Company installed or used by You.

• “Code” means any code and/or formula associated with the Software.

• “Company” (referred to as either “Company,” “We,” “Us,” or “Our” in this Agreement) refers to Mad Nadir Mapping, LLC.

• “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.

• “Country” refers to the United States of America.

• “Device” means any device that can access the Software such as a computer, a mobile device, or a digital tablet.

• “Third-Party Services” means any services or content (including data, information, applications, and other products services) provided by a third-party that may be displayed, included or made available by the Software.

• “Use” means installing, storing, loading, executing, displaying, or otherwise using the Software.

 

2.    ACKNOWLEDGMENT
By clicking the “I Agree” button, downloading, installing, or using the Software and/or Code, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Software and/or Code.
This Agreement is a legal document between You and the Company, and it governs your use of the Software and/or Code made available to You by the Company. This Agreement is between You and the Company only and not with any third party. Therefore, the Company is solely responsible for the Software and/or Code and its content. 
The Software and/or Code is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement. 
 

3.    LICENSE
a.    Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to one copy of the Software and/or Code to download, install, and use the Software and/or Code strictly in accordance with the terms of this Agreement.
You may only use the Software and/or Code on a Device that You own or control.
b.    License Restrictions
You agree not to, and You will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Software and/or Code or make the Software and/or Code available to any third party;

• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or the licensors of the Software and/or Code.

• Modify the Software and/or Code or alter/disable any licensing or control feature of the Software and/or Code.

• Use the Software and/or Code on others’ behalf.

• Rent, lease or lend the Software and/or Code or use the Software and/or Code for commercial timesharing or bureau use. 

• Sublicense, assign or otherwise transfer the Software and/or Code except as expressly provided in this EULA.

 

4.    INTELLECTUAL PROPERTY
The Software and/or Code, including without limitation, all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company. The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Software and/or Code.
To the extent the Company is required to provide indemnification by applicable law, the Company, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Software or your use of it infringes any third-party intellectual property rights.
 

5.    MODIFICATIONS TO THE SOFTWARE
The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Software and/or Code or any service to which it connects, with or without notice and without liability to You.
 

6.    UPDATES TO THE SOFTWARE
Company may from time to time provide enhancements or improvements to the features/functionality of the Software and/or Code, which may include patches, bug fixes, updates, upgrades and other modifications. 
Updates may modify or delete certain features and/or functionalities of the Software and/or Code. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Software and/or Code to You. 
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Software and/or Code, and (ii) subject to the terms and conditions of this Agreement. 
To use the Software and/or Code provided by the Company as an upgrade, update, or supplement, you must first be licensed for the original Software and/or Code identified by the Company as eligible for the Upgrade.
To the extent the Upgrade supersedes the original Software and/or Code, you may no longer use such Software and/or Code. This EULA applies to each Upgrade unless the Company provides other terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other terms will prevail.
 

7.    MAINTENANCE AND SUPPORT
The Company does not provide any maintenance or support for the download, installation, or use of the Software and/or Code. To the extent that any maintenance or support is required by applicable law, the Company, shall be obligated to furnish any such maintenance or support. 
 

8.    THIRD-PARTY SERVICES
The Software may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services. 
You acknowledge and agree that the Company shall not be responsible for any third-party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. 
The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any third-party services. You must comply with applicable third parties’ Terms of agreement when using the Software. Third-party services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
 

9.    SUPPORT
Purchase of the Software does not include Software and/or Code or user support. You can obtain support by emailing the Company to discuss and is separate from the Software and/or Code at the contact information below.
 

10.    RETURNS
This Software and/or any Associated Code is not eligible for a return or refund of the purchase price. 
 

11.    TERM AND TERMINATION
This Agreement shall remain in effect until terminated by You or the Company. 
The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. 
You may also terminate this Agreement by deleting the Software and/or Code and all copies thereof from your Device or from your computer. Upon termination of this Agreement, You shall cease all use of the Software and/or Code and delete all copies of the Software and/or Code from your Device. 
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement. 
 

12.    INDEMNIFICATION
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: 
(a) use of the Software; 
(b) violation of this Agreement or any law or regulation; or 
(c) violation of any right of a third party. 
 

13.    NO WARRANTIES
The Software and/or Code is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software and/or Code, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. 
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. 
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: 
(i)    as to the operation or availability of the Software, or the information, content, and materials or products included thereon;
(ii)    that the Software and/or Code will be uninterrupted or error-free; 
(iii)    as to the accuracy, reliability, or currency of any information or content provided through the Software; or 
(iv)    that the Software, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. 
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. 
To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty. 
 

14.    LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Software. 
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Software, third-party software and/or third-party hardware used with the Software, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. 
 

15.    SEVERABILITY AND WAIVER
a.    Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 
b.    Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. 
 

16.    PRODUCT CLAIMS
The Company does not make any warranties concerning the Software. To the extent You have any claim arising from or relating to your use of the Software, the Company is responsible for addressing any such claims, which may include, but not limited to: 
(i)    any product liability claims; 
(ii)    any claim that the Software fails to conform to any applicable legal or regulatory requirement; and 
(iii)    any claim arising under consumer protection, or similar legislation. United States Legal Compliance 
You represent and warrant that: 
(i)    You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and 
(ii)    You are not listed on any United States government list of prohibited or restricted parties. 
 

17.    CHANGES TO THIS AGREEMENT
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, the Company will provide at least 30 days' notice prior to any new terms taking effect. 
What constitutes a material change will be determined at the sole discretion of the Company. 
By continuing to access or use the Software after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Software. 
 

18.    GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Software. Your use of the Software and/or Code may also be subject to other local, state, national, or international laws. 
 

19.    ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Software and/or Code and supersedes all prior and contemporaneous written or oral agreements between You and the Company. 
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase. 
 

20.    CONTACT US
If you have any questions about this Agreement, You can contact Us at info@madnadirmapping.com.