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Beta Testing License Agreement
Beta Testing License Agreement for MapServing Products and Services

MAPSERVING.COM, LLC (MAPSERVING) LICENSES THIS SERVICE TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT" or "EULA"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING THIS ONLINE SERVICE AND THE ACCOMPANYING DOCUMENTATION (THE "SERVICE"). THE SERVICE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS EULA, DO NOT USE THE SERVICE.

THIS EULA IS A LEGAL AGREEMENT CONCERNING THE SERVICE BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY AND MAPSERVING. THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH MAPSERVING RELATING TO THE SERVICE.

Assent to Be Bound:
By clicking the "I accept the terms..." checkbox on the signup page, by executing a written copy of this Agreement, or by using this Service, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not use the Service. 

BETA DISCLAIMER:
THE BETA SERVICE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SERVICE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS.

Confidentiality:
You agree that, unless otherwise specifically provided herein or agreed by MapServing in writing, the Service and the Documentation, including the specific design and structure of the Service, provided to you by MapServing constitute confidential proprietary information of MapServing. You shall not grant access to the Service to or sublicense the Service to other users in any way. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of MapServing. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Service provided to you by MapServing. You will use your best efforts to cooperate with and assist MapServing in identifying and preventing any unauthorized use, copying, or disclosure of the Service, Documentation, or any portion thereof.

Feedback:
It is expressly understood, acknowledged and agreed that you shall, regardless of whether or not formally requested to do, provide to MapServing reasonable suggestions, comments and feedback regarding the Service, including but not limited to usability, bug reports and test results, with respect to Service testing (collectively, "Feedback"). If you provide such Feedback to MapServing, you shall grant MapServing the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any MapServing product, technology, service, specification or other documentation (individually and collectively, "MapServing Products"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any MapServing Product; (iii) solely with respect to Licensee's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a MapServing Product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require MapServing to comply with any additional obligations with respect to any MapServing Products that incorporate any Feedback.

Grant of License:
Subject to the terms and conditions of this Agreement, MapServing hereby grants to you a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Service in accordance with the Documentation solely for purposes of internal testing and evaluation.

Restrictions on Grant:
Except as otherwise specifically permitted in this Agreement, you may not: (a) modify or create any derivative works of any Service or documentation, including translation or localization; (code written to published APIs (application programming interfaces) for the Service shall not be deemed derivative works); (b) copy the Service except as provided in this Agreement or elsewhere by MapServing; (c) separate Service, which is licensed as a single product, into its component parts. (d) sublicense or permit simultaneous use of the Service by more than one user; (e) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product the Service (except to the extent applicable laws specifically prohibit such restriction); (f) redistribute, encumber, sell, rent, lease, sublicense, use the Service in a timesharing or service bureau arrangement, or otherwise transfer rights to any Service. You may NOT transfer the Service under any circumstances; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s); (h) publish any results of benchmark tests run on any Service to a third party without MapServing prior written consent.

Beta-Service Product Support:
MapServing is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Service will be corrected.

Ownership and Copyright of Service:
Title to the Service and all copies thereof remain with MapServing and/or or its suppliers. The Service is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Service. Licensee agrees to prevent any unauthorized copying of the Service. Except as expressly provided herein, MapServing does not grant any express or implied right to you under MapServing patents, copyrights, trademarks, or trade secret information.

Term Of This Agreement:
Your rights with respect to the Beta Service will terminate upon the earlier of (a) the initial commercial release by MapServing of a generally available version of the Service or (b) six months after the last date you receive the Service or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using, and will return to MapServing (or, at MapServing' request, destroy), the Service, Documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.

Disclaimer:
THE SERVICE AND DOCUMENTATION ARE LICENSED "AS IS", AND MAPSERVING DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, MAPSERVING EXPRESSLY DOES NOT WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICE.

Limitation of Liability:
Provision of any Service under this Agreement is experimental and shall not create any obligation for MapServing to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Service either to Licensee or to any other party.
MAPSERVING CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR INSTALLATION OR USE OF THE SERVICE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID TO MAPSERVING BY YOU UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL MAPSERVING BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF MAPSERVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law and Choice of Forum:
This Agreement shall be governed by the laws of the United States and the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of the federal and state courts in Mercer County, New Jersey, USA in all disputes arising out of or relating to the use of the MapServing.com site or the Services. Use of the MapServing.com site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Failure by either party to exercise one or more rights provided in the Agreement shall not be deemed a waiver of the right to exercise such right in the future. 

Export Restrictions:
You acknowledge that Service is of U. S. origin. Recipient agrees to comply with all applicable international and national laws that apply to the Service, including the U. S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

Entire Agreement:
This Agreement constitutes the complete and exclusive agreement between you and MapServing with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by you and an authorized representative of MapServing.
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