UNIVERSITY OF NEW BRUNSWICK ( UNB ) Our Terms of Use
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1 UNIVERSITY OF NEW BRUNSWICK ( UNB ) Our Terms of Use Please read the following Terms of Use carefully and fully before using: or any website or application powered by UNB in relation to EarthView3D, as well as other features and content offered from time to time in connection with EarthView3D (collectively, the "Services"). EarthView3D.net is used to view the earth in stereoscopic 3D with our patent pending technology. The current data set covers Canada, the United States (including Hawaii and Alaska) and Nepal. Potential applications include, but are not limited to: natural wonder exploration, geography education, road trip planning, disaster relief assistance, flight simulation, battlefield tactical assessment, border patrol, or simply exploring the beauty of the earth in 3D. In these Terms of Use "You" and "Your" refer to any person or entity who downloads, views, uses, accesses, or browses any content or material from the Services. "We", "Us" and "Our" refers to UNB. By downloading, viewing, using, accessing, or browsing any content or material on the Services, You acknowledge and agree to these Terms of Use. If You do not agree to these Terms of Use, then You may not use the Services. We reserve the right to modify these Terms of Use at any time without prior notice. You agree that each time You access the Services, You shall be subject to the then-current Terms of Use, and continued use of the Services now or following modifications in these Terms of Use confirms that You have read, accepted, and agreed to be bound by such modifications. Violating any of the terms and conditions set out in these Terms of Use will result in the immediate and automatic termination of Your authorization to use any of the Services. You must then (i) immediately cease use of all Services; and (ii) remove and delete any and all materials, products, software and applications downloaded or otherwise obtained from or in connection with the Services. 1. Intellectual Property and Proprietary Rights For the purposes of these Terms of Use, "Intellectual Property Rights" means any and all trade secrets, patents, copyrights, trademarks, know-how (and any rights related to the foregoing items), domain names, designs, database, contract and licensing rights, goodwill, moral rights and similar rights of any type under the laws of any applicable governmental authority, domestic or foreign as they may exist and/or hereafter come into existence, including, but not limited to, all applications and registrations relating to any of the foregoing and all renewals and extensions thereof (including, without limitation, any continuations, continuations-in-part, divisionals, reissues, substitutions and reexaminations). All Intellectual Property Rights in and to the Services and all content and materials (including, but not limited to, all designs, text, graphics, interfaces, images (and the selection and arrangements thereof), software, hypertext markup language ("HTML"), scripts and active server pages) used in the Services therein are owned by and shall remain owned by Us or Our licensors, as applicable. The UNB trademark (word and design) and all other trademarks, v2
2 2 graphics and logos used in connection with the Services are unregistered trademarks or service marks of UNB. (d) You acknowledge and agree that the Services contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without Our prior written permission. You acknowledge and agree that You will abide by all additional patent and copyright notices, information and restrictions contained in any of the Services, and that You will abide by all additional patent and copyright notices, information and restrictions contained in any content through the Services. 2. Limited Rights We grant You a single user, worldwide, non-assignable, royalty-free, non-exclusive rights to: use the software provided to You by Us or Our licensors as part of the Services ("Software"); access and view the content provided to You by Us or Our licensors as part of the Services ( Content ); and download, integrate via authorized social media application, , or print individual pages of the Services in accordance with these Terms of Use. 3. You agree that the grant of the above rights to use the Software and Content are subject to the following conditions and that You shall not directly or indirectly: (d) (e) reproduce or use the Content in any compilation or publication in any medium, including without limitation, incorporate the information, content, or other material in any database, compilation, archive or cache without the appropriate credit to or copyright notice ( UNB 2015 EarthView3D TM ); modify, transmit, reproduce, resell, license, create derivative works from, reverse engineer or decompile or otherwise attempt to extract the source code of the Services or any part thereof, transfer, or sell any information, content, material, Software, products or services (including but not limited to Content) obtained through the Service in any way other than as permitted in these Terms of Use; create derivative works based on the Content other than as permitted in these Terms of Use; remove any proprietary notices in relation to Our Intellectual Property Rights, or those of Our Licensors; deep-link to the Services for any purpose or access the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or material from the Services; or Any rights not expressly granted herein are reserved.
3 3 4. Modifications to Services We reserve the right to modify the Services (or any part thereof), including but not limited to the Services' features, look and feel, and functional elements without notice, including without limitation, through bug fixes, patches and version updates which add, modify and/or remove features of the Services (collectively, "Updates"). You agree that We may install all such Updates as required in Our sole discretion. 5. Discontinuation of Services We reserve the right to discontinue temporarily or permanently the Services (or any part thereof) without notice. You acknowledge that We may prevent Your access to the Services at any time in Our sole discretion. 6. Prohibited Use of Services Your use of the Services is subject to all applicable laws of Your jurisdiction. You agree to comply with all reasonable instructions that We may give You regarding the use of the Services. Without limiting the generality of the previous sentence, You agree to comply with Canadian and local laws or rules regarding online conduct and acceptable content, and regarding the transmission of technical data exported through the Services from Canada or the country in which You reside. You may not use the Services in any inappropriate, unauthorized or unlawful manner or for any purpose which violates any laws in either Your or Our jurisdiction including but not limited to: conduct and content resulting from the use of the Services. Without limiting the foregoing, You shall not, in respect of Your use of the Services: (i) (ii) (iii) (iv) (v) (vi) (vii) harass others or disclose personal information about others that could amount to harassment; publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material (including but not limited to Content) or information or anything which might constitute a criminal offence or give rise to a civil liability either for You or Us; commit any acts of infringement on the Services or with respect to Services, Content or Software; attempt to gain unauthorized access to other computer systems from or through the Services; interfere with another person's use and enjoyment of the Services or another entity's use and enjoyment of the Services; use the Services for chain letters, junk mail, spamming, or use of distribution lists; disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers or networks
4 4 connected to or accessible through the Services or affiliated or linked sites; (viii) (ix) use software to harvest information from the Services; or use, copy, download, extract or reutilise any part of the Software for any commercial purpose. 7. Use of the Services is at Your own risk You are solely responsible for any damage that Your use of the Services may cause to You, Your property or third parties. Therefore, in using the Services, You agree that You are solely responsible for taking any necessary precautions to protect Yourself and Your property from any injury or damages, including without limitation, computer related damages caused by viruses, worms, trojan horses and similar malware. We are not liable for any damage to Your computer system, equipment, mobile device or any other property caused by Your downloading materials in connection with the Services. You should always be mindful of the environment in which You are using the Services, to ensure that You do not harm Yourself or others. 8. Disclaimer of Responsibility for Third Party Content To the extent the Services contain links to applications, websites and microsites operated by third parties ("Third Party Sites"), You acknowledge and accept that We exercise no control over such Third Party Sites and that We are providing You with access to such Third Party Sites for Your convenience only. We make no warranties or representations whatsoever about any Third Party Site or service which You may access through the Services. If You choose to access a Third Party Site, You do so at Your own risk and We are not responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such Third Party Sites. References to commercial products or services within any Third Party Sites do not constitute or imply an endorsement by Us. By using the Services, You acknowledge that We are neither responsible for the availability of, nor for the content located on or through any Third Party Sites. 9. Indemnity You agree to indemnify and hold Us, and any parent companies, subsidiaries or affiliates, agents, officers, directors, or other employees of Us or any of the foregoing entities harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable lawyers' fees, made by anyone in connection with Your use of the Services, with any alleged infringement of Intellectual Property Right or other right of any person or entity relating to the Services, Your violation of these Terms of Use, and any other acts or omissions relating to the Services. 10. DISCLAIMER OF WARRANTIES THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES, INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, MEDIA DEVICES, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
5 5 TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 11. DISCLAIMER OF LIABILITIES IN NO EVENT SHALL UNB BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF UNB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES. UNB ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES OR FROM THE USE OF ANY MEDIA DEVICES PROVIDED BY UNB IN CONNECTION WITH THE SERVICES. UNB ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL UNB s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO UNB OR AN AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS). YOU AND UNB ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, EXCEPT AS MAY BE PROVIDED FOR IN SECTION 11 ABOVE. 12. Third Party Software If You elect to download or access any third party software that UNB makes available in connection with the Services, You understand that You may have to agree to that third
6 6 party provider's terms of use or license before You use such software. You also agree that the use of any third party software or content obtained in connection with the Services does not transfer to You any rights, title or interest in or to such software or content, and You agree that You will not use any such software except as expressly authorized under that third party provider's terms of use or license agreement. By downloading software made available through the Services, You are deemed to agree to the third party provider's terms of use or license agreement, the terms of which are incorporated by reference herein for the benefit of such third party providers. If You do not agree to the third party's terms of use or license agreement, do not download its software. 13. General (d) Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use govern Your use of the Services, superseding any prior versions of the Terms of Use). If any provision of these Terms of Use is declared invalid or unenforceable, such finding will not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision will be deemed to be severed to the extent such severance is permitted under applicable law. We may assign or license any and all of Our rights and obligations under these Terms of Use to any person as We may, in Our sole discretion, deem appropriate. You may not assign Your rights or obligations under these Terms of Use. These Terms of Use shall be governed by the laws of the Province of New Brunswick and the laws of Canada applicable therein. Contact Us If You have any questions about the Services, please contact Us using the following details: Mail: Yun Zhang PO Box 4400, 15 Dineen Drive Fredericton, NB E3B 5A3 yunzhang@unb.ca Mail: UNB Office of Research Services PO Box 440, 3 Bailey Drive, Room 215 Fredericton, NB E3B 5A3 ors@unb.ca
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