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AGREEMENT BETWEEN USER AND ERDAS Inc. REGARDING THE ERDAS TITAN NETWORK, WEBSITE, SERVICES, SOFTWARE AND FORUMS

This agreement applies to your use of the ERDAS TITAN Web Site and the ERDAS Titan Network including all communications services, user forums and other services provided through the Web Site and Network; and to your use of ERDAS TITAN software products, including the ERDAS TITAN Client, the ERDAS TITAN GeoHub, the ERDAS TITAN Master Server and the ERDAS TITAN Web Cache Server products.   The ERDAS TITAN Network and Web Site are operated by, and the foregoing software products are developed and owned by, ERDAS Inc. (“ERDAS”).  All of the foregoing services, related infrastructure operated by ERDAS and the related software provided by ERDAS are referred to in this agreement as the “ERDAS TITAN Services.” 

The ERDAS TITAN Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  Acceptance of these terms is required as a mandatory step in registration as a user of the ERDAS Titan Services, and your use or continued use of any ERDAS TITAN Services constitutes your agreement to all such terms, conditions, and notices as in effect from time to time. 

 

Electronic Signature:  You agree that by checking the “I AGREE” box during the registration process, it is your intent to affix your electronic signature to this document with the same effect as if you had physically signed an original version on paper.



MODIFICATION OF THESE TERMS OF USE

ERDAS reserves the right to change the terms, conditions, and notices under which the ERDAS TITAN Services are offered, including but not limited to the charges associated with any of the ERDAS TITAN Services.

 

 

SUMMARY DESCRIPTION OF ERDAS TITAN SERVICES

 

This is a summary only; detailed descriptions of the ERDAS TITAN Services appear in the documentation and help files for the various components.

 

The ERDAS TITAN Network is a collection of software applications and related infrastructure that facilitates communication of and access to geospatial data, either publicly via the main ERDAS TITAN Network or privately within defined communities established via private GeoHubs. The main components of the ERDAS TITAN Network are as follows:

 

·          ERDAS TITAN Client is a free, web-based software application that allows users to interactively visualize, locate, retrieve and share geospatial data and web services via the TITAN Network.  It is composed of the following two components:

 

o         ERDAS Titan Viewer enables users to interactively display and share data, which can be placed in context using a 3D virtual globe.  Users can add their own local data as well as view data that other users of the ERDAS TITAN Network have published on the Network.

 

o         Geospatial Instant Messenger is a software application that supports data sharing and real-time communication among the TITAN Network participants. This tool allows users to chat, find, download and retrieve geospatial data and web services published by others on the Network. Data retrieved by the Geospatial Instant Messenger can be directly streamed into, or “consumed” by, a variety of desktop, Internet and 3-D virtual globe applications, including the Viewer.

 

·          ERDAS TITAN GeoHubs (which will be referred to as ‘GeoHubs’ for the remainder of this document) are caching proxy servers through which all communication, data indexing, access and streaming is conducted and managed.   Each GeoHub maintains the master index records of locations of all geospatial data files that are published through it, as well as user registration and subscription records for activity on that GeoHub.  GeoHubs can be public or private:

 

o         Public GeoHubs exist at the core of the public ERDAS TITAN Network and are operated by ERDAS. Use of the main, or public, ERDAS TITAN Network via the public GeoHubs is free of charge.  Currently each user can publish up to 10 data files, not to exceed 10GB of data in the aggregate, and all users of the Network can access or “consume” all files posted on the public network.  All data sharing on the main ERDAS TITAN Network is public, that is, all users of the Network can locate and access all data that you publish to the Network.

 

o         Private GeoHubs: With optional, paid software licenses from ERDAS, organizations can establish their own GeoHubs.  These enable the organizations to create private, secured communities and to share data privately between individual users or within defined groups.  The private GeoHub product is the same proxy server technology that exists at the hub of the ERDAS TITAN Network, and includes an Administration capability for setting sharing policies, authenticating users, managing security, creating groups, determining user privileges, etc.   The private GeoHubs that participate in the ERDAS TITAN Network are managed by the ERDAS TITAN Master Server (see below).  Subscribers to private GeoHubs publish to, and access data from, the ERDAS TITAN Network through a GeoHub.

 

Within private GeoHub communities, users “subscribe” to join the community and administrators are able to assign each user rights or permissions appropriate to that user’s role.  Some subscribers (such as the general public accessing a governmental data store) may have only the right to access or “consume” data but not to publish; others could have the ability to publish privately to particular other users (such as sharing between co-workers) or within particular groups; still others may be given permission to publish data to the public ERDAS TITAN Network.

 

·          The Master Server at the core of the ERDAS TITAN Network acts as a registry service for all the GeoHubs and individual users on the Network, and also allows communication between GeoHubs and individual users.  The Master Server authenticates and identifies all the users on the network, while GeoHubs authenticate that a given user has authority to connect to a specific GeoHub (itself) and what permissions the user has on that GeoHub.

 

o         ERDAS TITAN (Private) Master Servers:  Organizations wishing to replicate the ERDAS TITAN Network internally on a private basis, with no connection to or dependency upon the ERDAS TITAN Network may purchase a license for a private ERDAS TITAN Master Server from ERDAS. 

 

·          ERDAS TITAN Web Cache Servers are used to improve the performance of the public ERDAS TITAN Network GeoHub functionality.  Likewise, operators of Private GeoHubs can purchase licenses to add this software on separate machines to provide scalability of performance of their GeoHubs as traffic increases.  A single GeoHub may be supported by multiple Web Cache Servers, in different locations.

 

Please see “DMCA INFORMATION,” below, regarding the Digital Millennium Copyright Act and potential responsibilities of private GeoHub operators under copyright law.

NO UNLAWFUL OR PROHIBITED USE; SECURITY FEATURES

As a condition of your use of the ERDAS TITAN Services, you warrant to ERDAS that you will not use the ERDAS TITAN Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ERDAS TITAN Services in any manner which could damage, disable, overburden, or impair the ERDAS TITAN Services or interfere with any other party's authorized use and enjoyment of the ERDAS TITAN Services. You agree not to attempt to circumvent, defeat, disable or override any security features or user permission functions of the ERDAS TITAN Network or any GeoHub (except in the exercise of properly granted Administrator rights to a GeoHub), nor to obtain or attempt to obtain, access or consume any material or information that you know, or have reason to believe, is not intentionally made available to you through the ERDAS TITAN Services.

SPECIFIC USER RESPONSIBILITIES REGARDING USE OF COMMUNICATION SERVICES

The main purpose of the ERDAS TITAN Services is to facilitate communication of geospatial data and communication about geospatial data, via the ERDAS TITAN Client software, the Geospatial Instant Messenger software, GeoHubs and the rest of the ERDAS TITAN Network infrastructure.  Through these means users can share data publicly and, in some cases, privately within specified groups.  In addition, the ERDAS TITAN Services may now or in the future contain forums, communities, chat areas, news groups, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group.  All of the ERDAS Titan Services just described are referred to collectively as "Communication Services". 

 

You agree to use the Communication Services only to post, publish, send and receive geospatial data, images, messages and material that are proper and related to the particular Communication Service, and that you have the legal right to publish and share.

 

You agree to abide by such reasonable rules and policies as ERDAS may from time to time establish for the lawful, efficient and appropriate use of the Communication Services, including the following.  ERDAS may notify you of current rules by posting them on the ERDAS TITAN Network Web site or by e-mail notification to your registered e-mail address.  By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Publish files that contain data, images, software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights to them or have received all necessary consents.
  • Download, consume, stream, access or use any data or file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed or used in such manner.  Note: data published via a Communication Service may be subject to legal or contractual limitations on usage, reproduction, modification, incorporation into other products, and/or dissemination. You are responsible for adhering to such limitations if you download, stream, access or use the materials.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent or unlawful topic, image, material or information.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Share your user identification credentials with or disclose them to another party, other than an authorized system administrator.  Please Note:  you are responsible for all activity on the ERDAS TITAN Network that occurs under your user credentials.
  • Publish or upload files that contain viruses, corrupted files, Trojan horses, worms, time bombs or cancelbots, or any other similar software or programs that are designed to damage the operation of the ERDAS TITAN Network or another's computer, or to surreptitiously intercept or expropriate any data  belonging to another.
  • Take any action that imposes an unreasonable or disproportionately large load on the ERDAS TITAN infrastructure.
  • Advertise or offer to sell or buy, license or lease any goods or services for any commercial business purpose, unless such Communication Service otherwise expressly allows such messages  and except that a licensed GeoHub merchant may engage in passive or user opt-in advertising and marketing actvities within the scope of its GeoHub merchant license.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of data, images, software or other material contained in a file that is uploaded or published using the Communication Services.
  • Restrict or inhibit any other user from using and enjoying the Communication Services in an authorized manner, except in the exercise of administrator rights that you may lawfully possess (e.g. as an administrator of a private GeoHub).
  • Violate any code of conduct or other reasonable rules of use or guidelines which may be applicable for any particular Communication Service, including rules of use that may be posted on the ERDAS TITAN Web site or sent to you by e-mail.
  • Harvest or otherwise collect personal information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

ERDAS has no obligation to monitor the Communication Services. However, ERDAS reserves the right to review materials posted to a Communication Service and to remove or disable access to any inappropriate, defamatory, obscene, infringing or otherwise noncompliant materials in its sole discretion. ERDAS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any breach of this agreement or of any associated software license agreement or rules of use.  ERDAS reserves the right to edit, refuse to post or to remove or disable access to any information or materials, in whole or in part, if ERDAS believes that the posting or publication of that information or materials violates any applicable law or regulation or violates this agreement or applicable rules of use.  Materials may also be removed, or access to them disabled, as described under NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

ACCESS TO AND DISCLOSURE OF USER INFORMATION BY ERDAS

 

ERDAS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ERDAS's right to comply with governmental, court and law enforcement requests or requirements relating to either your use of the ERDAS TITAN Services, or to information provided to or gathered by ERDAS with respect to such use.  ERDAS expressly reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, without liability of any kind and without notice.  If you have been permitted to register for or subscribe to any ERDAS TITAN Service without disclosing your full name, physical address, telephone number and e-mail address, you agree to provide that information promptly to ERDAS, if ERDAS so requests in connection with a legal matter, claim, subpoena or other compulsory process, or governmental investigation or request, and to cooperate with ERDAS’s efforts to verify that information.
 

LIMITED LICENSE TO ERDAS FOR USER-POSTED CONTENT; COMMUNICATIONS TO ERDAS

ERDAS does not claim ownership of the materials you publish post, upload, input or submit to the ERDAS TITAN Network or any ERDAS TITAN Forum or its associated services (collectively "User-Posted Content"). However, by publishing, sharing, posting, uploading, inputting, providing or submitting your User-Posted Content you are granting ERDAS, its affiliated companies and necessary sublicensees permission to use your User-Posted Content as necessary in connection with the normal operation of the  ERDAS TITAN Services including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat and otherwise create derivative works of your User-Posted Content, all as applicable to the operation of the ERDAS TITAN Services functionality involved; and to publish your name, user ID, or other identifying information in connection with your User-Posted Content.  For example, for geospatial data published via the Services, you grant us all licenses that are necessary to authorize us to make available information about the data to users who are authorized to access it, to enable those users to search for and locate the data, and to enable those authorized users to access your data via the ERDAS TITAN Services.

 

If you send us any feedback or suggestions as to the present or future design, functionality or operation of any of the ERDAS TITAN Services, you grant us the perpetual, worldwide, royalty-free, transferable right to use any such information as we see fit.

 

 

YOUR WARRANTY AND INDEMNITY REGARDING USER-POSTED CONTENT
 
By publishing, posting, uploading, inputting, providing or submitting your User-Posted Content you warrant and represent that you have sufficient rights to your User-Posted Content to grant us the licenses described in this section, and all the rights necessary for you to lawfully publish, post, upload, input or submit the User-Posted Content and that you have the right to authorize other users who have access to your User-Posted Content, to access, use, and/or download it using the ERDAS TITAN Services.  If any legal restrictions (such as copyright restrictions) are applicable to the use, access, or copying of your User-Posted Content, it is your responsibility to conspicuously notify other users of those restrictions and to ensure that any other users who have access to your
User-Posted Content comply with those restrictions.

 

You agree to indemnify, defend, and hold ERDAS harmless from any action against ERDAS to the extent that it is based on an allegation that your User-Posted Content or the publication, copying, transmission, caching, reformatting, translation or modification thereof by means of the ERDAS TITAN Services has infringed an intellectual property right or trade secret, and you agree to pay those damages or costs related to the settlement of such action or finally awarded against ERDAS in such action, including but not limited to reasonable attorneys’ fees and fees of experts.

 

 

DMCA INFORMATION


ERDAS Inc. takes allegations of copyright infringement seriously.  We have implemented the notice-and-takedown procedures authorized by the Digital Millennium Copyright Act , 17 U.S.C. §512.  If you are a copyright owner whose rights are being infringed by another user of the Titan Network, please see NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

 

Private GeoHub licensees please note: if unauthorized sharing of copyrighted data is facilitated through your GeoHub community, under certain limited circumstances, it may be possible that you could be considered to have contributed to copyright infringement.  Depending on the nature of your community and the data shared through it, you may wish to consider whether it would be appropriate to implement the notice-and-takedown procedures under the DMCA in case you should be served with a notice of infringement.  In any event, if ERDAS receives notices of infringement under the DMCA related to data published via your GeoHub community or by your community members, we will implement the notice-and-takedown procedures to disable access to the allegedly infringing material through the TITAN Network, and may terminate the account of any users who appear to have participated in infringing activity.  You agree that ERDAS shall have no liability to you, the GeoHub licensee, in that event, and you agree to cooperate with us fully and promptly in any such efforts, including providing identity and address information, if it is in your possession, on any users who are the subject of infringement complaints.

 


LINKS TO THIRD PARTY SITES AND INTERACTION WITH THIRD-PARTY APPLICATIONS AND DATA

The ERDAS TITAN Services may contain links to other Web Sites ("Linked Sites") operated by third parties, and likewise, various ERDAS TITAN software applications may launch, send data to, retrieve data from, or otherwise communicate or interact with various third-party software applications (“Linked Applications”). The Linked Sites and Linked Applications are not under the control of ERDAS and ERDAS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site, or for the functionality, availability, reliability of, or data available through, a Linked Application. ERDAS is not responsible for webcasting or any other form of transmission received from any Linked Site. ERDAS is providing these links and software interactions to you only as a convenience, and the inclusion of any link or interactivity does not imply endorsement by ERDAS of the Linked Site, the Linked Application, or any association with its operators. The use of Linked Sites and Linked Applications may be subject to separate license agreements or other terms of use, and to fees,  imposed by their owners and operators.   Likewise, the base geographic data displayed by default in ERDAS TITAN Client is supplied by a third-party provider, and streamed on demand from the supplier’s data store location to the ERDAS TITAN Client.  ERDAS assumes no responsibility for, and makes NO WARRANTY EXPRESS OR IMPLIED with regard to, the accuracy, currency, or availability of this data or the operation of the related data store.

 

 

E-COMMERCE VIA THE ERDAS TITAN NETWORK


The ERDAS TITAN Network may include GeoHubs operated by licensed GeoHub merchants, who may offer or advertise licenses or subscriptions to datasets or web services, or sales or license of other products, via the Network.  ERDAS offers the ERDAS TITAN Network solely as a convenience and a communications tool for these transactions, and you acknowledge and agree that transactions effected, facilitated or initiated via the TITAN Network with third-party merchants are matters strictly between you and the merchant involved, are governed by the terms and conditions established by the merchant or negotiated between you and the merchant, and that ERDAS bears no responsibility for the acts or omissions of any such merchant or for the quality, availability, delivery, timeliness, ownership, non-infringement, or accuracy of any data or other products that may be offered, sold, licensed or otherwise made available by third-party merchants.  The liability disclaimer for Third-Party Content below, and the release of ERDAS included under “Disputes between Users or Licensees; Release of ERDAS” below, apply to these transactions.  ERDAS or affiliates of ERDAS may also operate merchant GeoHubs within the network; in that case, ERDAS or the relevant affiliate of ERDAS will be clearly identified as the operator of the GeoHub(s) involved, and the terms established by ERDAS for the e-commerce transactions will apply in addition to the terms of this Agreement.  Unless a merchant GeoHub is clearly identified as being operated by ERDAS or an affiliate of ERDAS, it is operated by an unaffiliated third party.


LIABILITY DISCLAIMERS AND LIMITATIONS OF REMEDIES

 

Third-Party Content.  ERDAS DOES NOT CONTROL, ENDORSE, OR EVALUATE THE QUALITY OR ACCURACY, RELIABILITY, FREEDOM FROM DEFECTS OR FREEDOM FROM MALICIOUS CODE OF ANY OF THE THIRD-PARTY CONTENT, WEB SERVICES, MESSAGES OR INFORMATION PUBLISHED OR ACCESSED VIA ANY COMMUNICATION SERVICE, INCLUDING USER-POSTED CONTENT POSTED BY OTHER USERS; NOR DOES ERDAS EVALUATE THE COMPLIANCE WITH LEGAL REQUIREMENTS, OWNERSHIP OR FREEDOM FROM INFRINGEMENT OF ANY SUCH CONTENT, AND, THEREFORE, ERDAS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY DAMAGES, CLAIMS OR ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE OR YOUR USE, DOWNLOADING, CONSUMPTION OR ACCESS TO ANY FILES, WEB SERVICES OR OTHER DATA MADE AVAILABLE BY OTHER USERS (INCLUDING MERCHANTS) OR BY THE SUPPLIER OF THE BASE DATA DISPLAYED IN ERDAS TITAN CLIENT, OR ANY DEFECTS IN, OR UNAVAILABILITY OF, ANY SUCH FILES OR DATA.


ERDAS Network, Web Site, Services, Infrastructure and Content.  ERDAS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ERDAS TITAN NETWORK, USER FORUMS, OR WEB SITE FOR ANY PURPOSE; WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO THE ERDAS TITAN SERVICES. THE ERDAS TITAN SERVICES ARE OFFERED AS A CONVENIENCE (AND ARE PRICED ACCORDINGLY), AND SHOULD NOT BE RELIED UPON AS YOUR ONLY VEHICLE FOR ACHIEVING THE FUNCTIONS THAT THE SERVICES ARE DESIGNED TO FACILITATE. YOU ACKNOWLEDGE THAT INASMUCH AS THE ERDAS TITAN NETWORK DEPENDS ON THE PUBLIC INTERNET INFRASTRUCTURE, THE PERFORMANCE, OPERATION AND AVAILABILITY OF THE TITAN NETWORK IS SUBJECT TO NUMEROUS FACTORS BEYOND ERDAS’S CONTROL.  ALTHOUGH ERDAS EMPLOYS WIDELY ACCEPTED SECURITY PROCESSES TO IMPLEMENT THE USER PERMISSIONS AND OTHER SECURITY-RELATED FUNCTIONS OF THE ERDAS TITAN SERVICES, NO SECURITY SCHEME IS INVULNERABLE TO PENETRATION, AVOIDANCE, TAMPERING OR COMPROMISE AND ACCORDINGLY ERDAS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SECURITY FEATURES OR FUNCTIONS WILL BE EFFECTIVE AGAINST COMPROMISE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,  PRODUCTS, SERVICES, FUNCTIONS, DATA AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ERDAS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, FUNCTIONS, DATA AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE ALLOCATIONS OF RISK AND RESPONSIBILITY IN THIS AGREEMENT ARE A MATERIAL ELEMENT OF THE PRICING OF THE ERDAS TITAN SERVICES AND OF ERDAS’S DECISION TO OFFER THE SERVICES.  THE INFORMATION, GRAPHICS AND ILLLUSTRATIONS INCLUDED IN OR AVAILABLE THROUGH THE ERDAS TITAN NETWORK OR ANY ERDAS TITAN USER FORUM OR WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ERDAS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ERDAS TITAN NETWORK, USER FORUMS OR WEB SITE AT ANY TIME.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ERDAS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ERDAS TITAN SERVICES OR WITH UNAVAILABILITY OR OTHER INABILITY TO USE THE ERDAS TITAN SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, CORRUPTION OR LOSS OF DATA, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, DATA AND RELATED GRAPHICS OBTAINED THROUGH THE ERDAS TITAN NETWORK, USER FORUMS, WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ERDAS TITAN SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ERDAS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  IN THE EVENT THIS LIMITATION OF DAMAGES IS DETERMINED TO BE INEFFECTIVE OR UNENFORCEABLE FOR ANY REASON, IN NO EVENT SHALL ERDAS’S AGGREGATE LIABILITY TO ANY USER OR LICENSEE EXCEED THE AMOUNTS PAID TO ERDAS BY THE USER OR LICENSEE FOR ERDAS TITAN SERVICES DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CERTAIN CASES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS OTHERWISE PROVIDED IN SOFTWARE LICENSE AGREEMENTS COVERING SOFTWARE THAT IS INCLUDED IN THE ERDAS TITAN SERVICES, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ERDAS TITAN SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ERDAS TITAN SERVICES.

 

Disputes Between Users or Licensees; Release of ERDAS.  Because we are not involved in and do not control transactions and communications between users of the TITAN Network, in the event that you have a dispute with one or more other users or licensees of ERDAS TITAN Services, including without limitation any merchants or others advertising or conducting transactions by use of the ERDAS TITAN Network,  you release ERDAS (and its officers, directors, agents and employees and affiliated companies) from all claims, demands and damages (actual, consequential and punitive) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes. If you are a California resident, you waive California civil code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."


TERMINATION/ACCESS RESTRICTION

If the user fails to comply with any term or condition of any relevant agreement with ERDAS, including this agreement and any software license agreement, or if we are unable to verify any information that you provide us with in connection with an investigation or legal matter, ERDAS reserves the right, in its sole discretion, to terminate the user’s license to the ERDAS TITAN Client Software and the Geospatial Instant Messenger Software, and the user’s participation in the ERDAS TITAN Forums and other Communication Services at any time, without notice.  ERDAS may exercise this right if, among other things, ERDAS INC. receives repeated or substantiated complaints about copyright infringement in relation to the relevant user name or account.  ERDAS INC. may also, if possible, remove or disable access to material posted by a user that is the subject of an unresolved infringement claim or that we otherwise determine to be infringing or likely to become subject to an infringement claim.  All rights and remedies of ERDAS hereunder are cumulative, and exercise of the foregoing rights shall not limit or restrict any other rights or remedies available to ERDAS under the circumstances.

 

Except to the extent otherwise provided in a separate written agreement executed by authorized representatives of ERDAS and a particular user, ERDAS reserves the right to close the ERDAS TITAN Network and terminate all provision of the ERDAS TITAN Services at any time, upon not less than thirty (30) days’ notice to users, which may be given by means of a conspicuous posting on the ERDAS TITAN Web site.

 

COPYRIGHT NOTICE

All contents of the ERDAS TITAN Services (exclusive of user-posted content) are: Copyright © 2007-2008 by ERDAS Inc. LLC and/or its licensor or suppliers. All rights reserved.

TRADEMARKS

The names of actual third-party companies and products mentioned herein, and their logos and other designations of origin, may be the trademarks of their respective owners, including without limitation the trademarks associated with Linked Sites and Linked Applications.

Illustrative and instructional materials provided in connection with the ERDAS TITAN Services may depict or contain references to example companies, organizations, products, people and events that are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights in ERDAS trademarks, registered or unregistered  not expressly granted herein are reserved to ERDAS. ERDAS’s trademarks and service marks include without limitation ERDAS TITAN, ERDAS TITAN Network, ERDAS TITAN Client, GeoHub and Geospatial Instant Messenger.

 

 

GENERAL

 

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Gwinnett County, Georgia, U.S.A. in all disputes arising out of or relating to the use of the ERDAS TITAN Services. Use of the ERDAS TITAN Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ERDAS as a result of this agreement or use of the ERDAS TITAN Services. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, and except for the terms of any license agreements applicable to the software included in the ERDAS TITAN Services, this agreement constitutes the entire agreement between the user and ERDAS with respect to the ERDAS TITAN Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ERDAS with respect to the ERDAS TITAN Services. You may not assign your rights or delegate your responsibilities under this agreement without ERDAS’s prior written consent in each instance.  ERDAS may assign this agreement to an affiliate or in connection with a disposition of the TITAN infrastructure, or as otherwise permitted by law.  This agreement shall be binding upon the parties and their successors and permitted assigns. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

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NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

ERDAS Inc. takes allegations of copyright infringement seriously. If you are a copyright owner whose rights are being infringed by a user of the ERDAS TITAN Network, the ERDAS TITAN User Forums, or the ERDAS TITAN software, send a written notice that complies with Title 17 of the United States Code, Section 512 either by e-mail to Titan.Agent@erdas.com, or by fax to +1-208-441-4885, with attention to Titan Copyright Agent, or by mail to ERDAS Inc. LLC, 5051 Peachtree Corners Circle, Norcross, GA  30092-2500, Attention: TITAN Copyright Agent.

 

Your  notification of claimed infringement must be a written communication and should include the following:

 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works available through this site are covered by a single notification, a representative list of such works.

 

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

 

(iv) Information reasonably sufficient to permit us to contact you (the “Complaining Party”), such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 

(v) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

ALL INQUIRIES NOT RELEVANT TO THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.

 

Upon receipt of the written notification containing the information as outlined in (i) through (vi) above, ERDAS will:

 

(i)   Remove or disable access to the material that is alleged to be infringing;

(ii)  Forward the written notification to such alleged infringer ("user"); and

(iii) Take reasonable steps to promptly notify the user that it has removed or disabled access to the material.  In any case where the user’s account is associated with a license of ERDAS’s Geohub software, ERDAS may also forward the written notification of infringement to the licensee of the Geohub software and notify that licensee that the material has been removed or access to it disabled.

 

Counter Notification:


To be effective, a Counter Notification must be a written communication provided to the ERDAS TITAN Agent that includes substantially the following:

 

1.       A physical or electronic signature of the user;

2.       Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3.       A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4.       The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which ERDAS may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.

 

Upon receipt of a Counter Notification containing the information described in 1 through 4 above, ERDAS will:

 

1.       Promptly provide the Complaining Party with a copy of the Counter Notification;

2.       Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; and

3.       Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided the ERDAS TITAN Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.

 

 

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