TOPO! Explorer End User License Agreement v.1.0

BY INSTALLING THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT WITHIN 30 DAYS OF THE DATE OF PURCHASE FOR A FULL REFUND.

1. Grant of License.

This Agreement permits you ("Licensee") to use the enclosed copyrighted machine readable software program and associated data files that comprise TOPO! Explorer ("Software") and the TOPO! Explorer User's Guide ("Documentation"). This agreement permits you to use the Software to create customized maps, elevation profiles, exports for use with GPS receivers, graphic files, and TOPO! Explorer trip (.trp format) files that can be output from the program. Any map, elevation profile, export for GPS receivers, graphics, or TOPO! Explorer trip (.trp format) file that is generated from the software will be referred to in this license as a "Reproduction." This Agreement is a license agreement and not a sale of a software product. The Software, Documentation, and Reproductions are furnished for your use and remain the property of National Geographic.

This Software is licensed to you to serve as a general reference for your personal, business, or institutional use. The geographical data used in the Software is based on USGS topographic maps, USGS elevation data, and the USGS Geographic Names Information System. In addition to the topographic maps, aerial images are provided by i-cubed and street data by Tele Atlas. Please consider carefully the fact that the Software and the geographic data may not be adequate for purposes requiring precision in depiction of geographic features, exact measurement of direction or distance, or for similar purposes including but not limited to navigation, tracking, or emergency response.

This License grants you the right to use the Software on three authorized devices This license does not authorize network use of any kind. You may not decompile, disassemble, or use any method to discover the trade secrets contained in the Software. You may not modify, adapt, translate, rent, lease, timeshare, or loan the Software. You may copy elements of the Software onto the hard disk of your computer and load elements of the Software into RAM and the CPU of your computer.

You may transfer your rights under this Agreement by providing the recipient the Software and Documentation, provided that you retain no copies of the Software or Documentation and that the other party agrees to the terms of this License Agreement.

2. Output Limitations.

Hardcopy print-outs

This license grants you the right to create and reproduce an unlimited number of hard copy Reproductions for your personal, in-house business, or intra-institutional use, subject to the property rights notice and credit requirements set forth below. We ask that the National Geographic copyright notices appear in legible form on or adjacent to the reproduction in the following form. For Maps: "TOPO! ©2008 National Geographic" and for maps with street data displayed: "TOPO! ©2008 National Geographic & ©2008 Tele Atlas, North America.", and for maps with aerial/satellite imagery displayed: "TOPO! ©2008 National Geographic & ©2008 i-cubed", and for maps with aerial/satellite imagery and street data displayed: "TOPO! ©2008 National Geographic & ©2008 i-cubed & ©2008 Tele Atlas, North America". For Profiles: "TOPO! ©2008 National Geographic".

You may distribute hard copy Reproductions on paper, as long as the Reproductions are distributed freely, without charge, in a non-commercial manner and the National Geographic copyright notice appears in legible form or National Geographic is given legible credit as described in paragraph 1 of the output limitations section. We ask that you obtain a supplemental license in writing from National Geographic before you reproduce any Reproductions in a publication that is for sale, resale or that contains paid advertisements. In many cases this license is available at no charge. For more information, send inquiries to topo@ngs.org.

Exports for GPS receivers

You may use the Software to create and transfer Reproductions to GPS receivers for your personal use.

TOPO! Explorer trip files (.trp)

You may use the Software to create and distribute an unlimited number of TOPO! Explorer trip (.trp format) files to other licensed TOPO! users via TOPO! Explorer web site postings, e-mail, ftp, and removable storage media as long as the Reproductions are distributed freely, without charge, in a non-commercial manner in the .trp format that can be read by the TOPO! Explorer software. To learn more about posting and downloading TOPO! Explorer trip files visit http://beta.topo.com/about/topo.

Images for web sites

You may use the Software to create and display up to ten "view only" map images on your personal, business, or institutional web site as long as the reproductions can be viewed freely, without charge and that National Geographic is given legible credit on or adjacent to the reproduction as described in paragraph 1 of the Output Limitations section with a link to the TOPO! Explorer web site (http://www.topo.com). The preferred method of linking to topo.com is to make the credit text or the entire Reproduction image the actual link. You may not display images that could be downloaded in a "geo-referenced format" on any web site. We ask that you obtain a supplementary license in writing from National Geographic before you reproduce, display, or distribute any Reproductions as Graphic Images over the Internet or other electronic networks, above and beyond the authorized ten "view only" images as detailed in the above paragraph. Please contact National Geographic for more details about extended use licenses at topo@ngs.org. In many cases this license is available free of charge.

3. Property Rights.

The Software, Documentation, and the Data that comprises the Reproductions are owned and copyrighted by National Geographic with all rights reserved. The street data is copyrighted Tele Atlas North America with all rights reserved. The aerial/satellite imagery included is copyrighted i-cubed with all rights reserved. Software represents and embodies trade secrets of National Geographic and/or its licensors. These trade secrets are not licensed to you, and any modification, addition, or deletion is prohibited. You agree to take all reasonable steps to protect the Software from unauthorized copying or use.

4. Term.

This License is effective until terminated. This License and your right to use the Software terminate automatically if you violate any part of this agreement. Should the Agreement be terminated, you agree to return all copies of the Software, Documentation, and Reproductions furnished to you, or made by you, and all copies to National Geographic, including copies resident in the computer's memory.

5. U.S. Government Restricted Rights.

If this Software is acquired by or on behalf of any unit or agency of the United States Government, this provision applies. This Software (a) was developed at private expense, and no part of the software application was developed with government funds, (b) is a National Geographic trade secret for all purposes of the Freedom of Information Act, (c) is restricted computer software submitted with restricted rights in accordance with 52.227-19 (a) through (d) of the Commercial Computer Software Restricted Rights Clause and successors, (d) in all respects is proprietary data belonging solely to National Geographic, and (e) is published and all rights are reserved under the copyright laws of the United States. For units of the Department of Defense (DOD), this Software is licensed only with Restricted Rights as that term is defined in the DOD Supplement to the Federal Acquisition Regulations, 52.227-7013 (c) (1) (iii) and its successors. Use, duplication, or disclosure of the Software by the Government is subject to restrictions as set forth in subdivision (b)(3)((ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 of the DOD FAR. Contractor/manufacturer is National Geographic, 212 Beaver Brook Canyon Road, Evergreen, CO 80439

6. Export Laws.

Licensee understands that the product may require a license from the U.S. Department of Commerce or other government agency before it may be taken or sent outside of the United States. Licensee agrees to obtain any required license before taking or sending the Software outside the United States. Licensee will not permit the export or re-export of the Software without obtaining required licenses of letters of further assurance.

7. Governing Law.

This agreement will be governed by, and interpreted in accordance with the laws of the State of New York of the United States of America.

8. Entire Agreement.

This agreement sets forth the entire understanding and agreement between National Geographic and you, and may be amended only in a writing signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON, OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE REPRESENTATIONS OR PROMISES OF THIS AGREEMENT.

9. Waiver.

No waiver of any right under this agreement will be effective unless contained in writing, signed by a duly authorized representative of National Geographic, and no waiver of any past or present right arising from any breach or failure to perform will waive any future right arising under this agreement.

10. Severability.

If any provision in this agreement is invalid or unenforceable, that provision will be interpreted, limited, modified, or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this agreement will remain unaffected.

Limited Warranty and Warranty Disclaimer

1. Limited Warranty and Warranty Disclaimer.

National Geographic warrants the disc on which the Software is to be distributed to be free from defects in materials and workmanship and that the unaltered Software will perform substantially in accordance with the documentation for a period of 90 days from the date you purchased the license to the Software. Any written or oral information, or advice given by National Geographic's dealers, distributors, or employees will in no way increase the scope of this warranty.

National Geographic makes no other warranties, express or implied, including, without limitation, the implied fitness for a particular purpose, regarding the Software. National Geographic does not warrant, guarantee or make any representations regarding the use or the results of the use of the Software in terms of its correctness, accuracy, reliability, currency or otherwise. You assume the entire risk as to the results and performance of the Software.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHT. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

NATIONAL GEOGRAPHIC IS IN NO WAY RESPONSIBLE FOR PERSONAL INJURY OR DAMAGE TO PROPERTY IN CONNECTION WITH THE USE OF ITS SOFTWARE OR GEOGRAPHICAL DATA. IN NO EVENT WILL NATIONAL GEOGRAPHIC, AND ITS DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS INFORMATION) ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, AND THE ACCOMPANYING WRITTEN MATERIALS.

2. Exclusive Remedy.

Your exclusive remedy, as well as National Geographic and its suppliers entire liability arising from, or in connection with the Software, Documentation, Reproduction and/or this License, will be the refund of the license fees, or the replacement of defective components of the Software. In no event will National Geographic's total liability for any damages, direct or indirect, in connection with the product, the product documentation, and/or this License exceed the license fees paid for your right to use this copy of the product whether such liability arises from any claim based upon contract, warranty, tort or otherwise.

TOPO! is a registered trademark of National Geographic.