Aarhus GeoSoftware Software Disclaimer

1.    General liability of AGS for software – limitation of liability

1.1.  Software from Aarhus GeoSoftware and Geotomo Software Sdn Bhd is provided 'as is' without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of fitness for a purpose, or the warranty of non-infringement.

1.2.  Without limiting the foregoing, Aarhus GeoSoftware and Geotomo Software Sdn Bhd makes no warranty that the software will meet the user’s requirements or expectations, or it will be uninterrupted, secure or error-free. Also, Aarhus GeoSoftware and Geotomo Software Sdn Bhd makes no warrant that the results that can be obtained from the use of the software will be effective, accurate or reliable.

1.3.  The software and its documentation from Aarhus GeoSoftware and Geotomo Software Sdn Bhd could include technical or other mistakes, inaccuracies or typographical errors. Aarhus GeoSoftware and Geotomo Software Sdn Bhd may make changes to the software or documentation.

1.4.  In no event shall Aarhus GeoSoftware or Geotomo Software Sdn Bhd be liable to you or any third parties for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not Aarhus GeoSoftware and Geotomo Software Sdn Bhd has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this software.

1.5.  The use of the software from Aarhus GeoSoftware and Geotomo Software Sdn Bhd is done at your own discretion and risk and with agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from Aarhus GeoSoftware or Geotomo Software Sdn Bhd shall create any warranty for the software.

1.6.  The user agrees to that Aarhus GeoSoftware can register license use and user information to help the user. For more information on what we specific register please follow this link: https://www.aarhusgeosoftware.dk/privacy-statement

1.7.  ​It is not allowed for the user to split licenses between companies or use leased licenses for other data than specified in the individual leasing contracts.

 

2.    Additional limitation of liability for third-party drivers and software

2.1.  Any questions complaints or claims related to third-party drivers and software should only be directed to the appropriate author or company responsible for developing the software. Responsibility or any liability of Aarhus GeoSoftware and Geotomo Software Sdn Bhd for third-party of third-party material is excluded.

2.2.  Aarhus GeoSoftware and Geotomo Software Sdn Bhd makes no representations or warranties of any kind concerning the quality, safety or suitability of any third-party drivers and software.

2.3.  Aarhus GeoSoftware and Geotomo Software Sdn Bhd will not be liable for any damages that customer may suffer in connection with using, modifying or distributing any of the third-party software.

2.4.  Clause 1 shall apply additionally.

 

3.    Choice of law; jurisdiction, interpretation

3.1.  The validity, construction and performance of this stipulations shall be governed by the laws of Denmark excluding the stipulations on conflict of laws and the United Nations convention on contracts for the international sale of goods (CISG).

3.2.  The parties agree, that the courts of Denmark shall have the exclusive jurisdiction in respect of any dispute, suit, action or proceedings which may arise out of or in connection with this agreement.

3.3.  This contract shall be construed according to Danish law. If there is any conflict between the English legal meaning and the Danish legal meaning of this contract or any part hereof the Danish legal meaning shall prevail.

3.4.  Should certain conditions of this disclaimer or any part thereof be declared invalid or unenforceable, the remainder of the disclaimer shall continue, on unchanged terms and conditions, and the parties shall agree on replacement terms, which to the extent possible shall express the initial intention of the parties.

 

4.     Update and support fee

All non-leased software includes a year of updates and support. After the first year Aarhus GeoSoftware charge an update fee for the update and support service. The user can choose to discontinue this service and use the software ‘as is’, but without the possibility to get enrolled in the service again.

5.    Accept

I have read the disclaimer and fully accept the mentioned conditions

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6.    Acknowledgement

This software supports the ECW data format and ECWP compression protocols. Portions of this computer program are Copyright 2007-2015 Intergraph Corporation. All rights reserved. Creating compressed files using ECW technology is protected by one or more of U.S. Patent No. 6,201,897, No. 6,442,298 and No. 6,633,688.

Credit goes to "© OpenStreetMap contributors" and is available under the Open Database Licence. See terms at: http://www.openstreetmap.org/copyright/en

© 2019 by Aarhus GeoSoftware

Skolegade 21, 1

8000 Aarhus C, Denmark

VAT: DK37108472

Bank: Jutlander Bank. Reg. no.:8139

Account no.:2072741946 - IBAN no.: DK8281392072741946

SWIFT code: JUTBDK21 - Intermediary banK: KRONDK22

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