Map24 Web Services Evaluation License Agreement

Version: 07/07

Preamble

The Map24 Web Services Evaluation License Agreement applies between NAVTEQ (DE) GmbH, Eschborn/Frankfurt a.M, Germany (Mapsolute) and the User (Licensee) of Mapsolute's Map24 Web Services platform and online staging area for evaluation and testing purposes.
The Licensee will be provided with one Map24ID, documentation and an optional Map24 AJAX Application Key (hereinafter collectively referred to as "Software") to access Mapsolute's Map24 Web Services platform and online staging area for testing and evaluation purposes only. This Agreement shall exclusively set forth any and all rights of the Licensee with regard to the Software. The use of Mapsolute's Map24 Web Services is only permitted if the Licensee complies with the terms and conditions set forth in the Map24 Web Services Evaluation License Agreement.


§ 1 Right to Use

The Licensee is hereby granted a non-exclusive and non-transferable license to use the Software for a 30-day evaluation period. For testing and evaluation purposes, Licensee may implement the Software into their environment.
In the event that the Licensee is a reseller the above mentioned right includes the right to implement the software into third party applications for testing and presentation purposes. Therefore the Licensee is allowed to transfer the granted rights to the third party.


§ 2 Limitations

The usage of the Software is limited to 10,000 sessions or 10,000 transactions within the 30-day evaluation period. A session means the authentication of an application with the Map24ID. A transaction is, but not limited to, every geocode, routing or local search request. The transaction limit refers to the sum of all requests made during the 30 day evaluation period. In the event that the session or transaction limit has been reached, the Map24ID and Map24 AJAX Application Key will be locked and the Licensee will be notified by an automated email.


§ 3 Prohibitions

The Licensee shall not


  • use the software for commercial purposes;

  • sell the Software in any way to any third person;

  • alter the Software in any way;

  • decompile the Software or any part thereof into the source-code or make any other efforts of reengineering or discovering the features of the Software;

  • reproduce the Software by any means and in any form, not even as a back-up copy.

  • use the software to develop and/or compare with competitive products


The Licensee acknowledges that these prohibitions include any activities set forth under Section 69d German Copy Rights Act, as the use of the Software is granted exclusively for evaluation purposes. In case the Software provided to the Licensee should not be usable for whatever reason, Mapsolute will, at its own discretion during the term of this Agreement and at the request of the Licensee, provide another copy of the Software for which the provisions of this Agreement shall apply.

Further, any use of the Software beyond the purpose of evaluation in a business-related context, including but not limited to demonstration, training, and development-related purposes, shall be forbidden and is subject to a separate license Agreement.


§ 4 Support

During the term of this Agreement, the Licensee is not entitled to receive any support through any means of communication including phone and e-mail. For additional support, a MapTP Developer License Agreement may be entered into with Mapsolute.


§ 5 License Fee

The 30-day evaluation license is free of charge as long as the terms and conditions set forth in this Agreement are obeyed. The Licensee will have the option to purchase a Developer License or licenses for commercial use.


§ 6 Term & Obligations Upon Termination

The term of this Agreement shall be 30 days from the day the Licensee has accepted this Agreement by signing this Agreement or by confirmation through internet registration page and after the Licensee receipt the Map24ID. Upon termination, the Licensee shall immediately destroy any and all copies of the Software received under this Agreement. Upon request of Mapsolute, the Licensee will confirm in writing that any and all copies of the Software were destroyed.

The right to an earlier termination for cause remains unaffected.


§ 7 Liability

Apart from deliberate damaging action, Mapsolute is, in addition to the limitations of liability set forth in Mapsolute's General Terms and Conditions, in no way liable to the Licensee for (i) any defect of the API, (ii) any lack of expected performance or functionality of the Software, even if mentioned in the Product Description, (iii) imprecision or mistakes in the map material, or (iv) any additional work or efforts the Licensee incurs as a result of any amendment to the Software or its functions. In no event is Mapsolute liable to the Licensee for consequential or indirect damages or lost profits in any way.

The Licensee is liable towards Mapsolute and will hold Mapsolute indemnified at all times from any third party claims relating to any infringement with third parties' rights on the website of the Licensee, in which the Software was used, or any other damage of Mapsolute that may result from any infringement by the Licensee or the Licensee's website with the law, this License Agreement, or the General Terms and Conditions of Mapsolute.

This Agreement shall be governed and construed under the laws of Germany. Exclusive venue for any dispute shall be Frankfurt am Main.

Should any of the provisions contained herein be invalid or unenforceable, the remaining provisions shall remain unaffected and such provisions shall be replaced by valid and enforceable provisions that meet the economic intentions of the parties.

In addition, Mapsolute's General Terms and Conditions apply.
This License Agreement and the General Terms and Conditions of Mapsolute are hereby accepted.