Land Measure Pro
These Terms of Use (“Terms”) govern your rights and obligations regarding the use of Pendlebury Software LLC’s Software (“Software”) and service (both collectively referred to as the “Service”) on Apple Mac OS. These Terms constitute a fully binding agreement between Pendlebury Software LLC the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
WHAT IS THE SERVICE
The Service allows users to make measurements over a virtual map and store those measurements locally on their computer. It allows users to measure length, area and count visible objects using a mouse picking points on the map. The Service is provided through the Software running on Apple Mac OS.
THE LICENSE
Pendlebury Software LLC hereby grants you a non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial or commercial purposes, subject to these Terms.
USING THE SERVICE
The Software may not be used in any way that is not expressly permitted by these Terms.
USE RESTRICTIONS
There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person:
(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service and, or in any way or publicly display, perform, or distribute them;
(iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others;
(v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;
(vi) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(vii) interfere with or disrupt the operation of the Service;
(viii) sell, license, or exploit for any commercial purposes any use of or access the Service;
(xiii) use the Service for any illegal, immoral or unauthorized purpose;
(xv) infringe or violate any of these Terms.
COPYRIGHT
All intellectual property rights in and to the Service, including copyrights, and trade secrets – are either the exclusive property of Pendlebury Software LLC or its affiliates or are exclusively licensed to Pendlebury Software LLC.
The design, and the ‘look and feel’ of the Service are protected works under applicable copyright laws and Pendlebury Software LLC and affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software.
APPLE
The Service is provided for solely Apple Mac devices; therefore, you agree and acknowledge that:
- Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
- Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
EXPORT CONTROL
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
LIMITATION OF LIABILITY AND WARRANTY
PENDLEBURY SOFTWARE LLC PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally, and without derogating from the above clause, Pendlebury Software LLC disclaims any warranties relating to the accuracy of the maps, Content, recency, detail or measurements made by in or displayed in or by the Service. For instance, maps may be out of date; miss-aligned; or limited in detail and resolution. Such errors and omissions are inherent to the 3rd party maps on which the Service relies.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Service.
Pendlebury Software LLC exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or immune from damages, free of malfunctions, bugs or failures, including, but not limited to Software failures and Software communication failures, originating either in the Service or any its maps.
PENDLEBURY SOFTWARE LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Pendlebury Software LLC as well as all third party providers contributing to the Service and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Pendlebury Software LLC, as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
Pendlebury Software LLC may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Pendlebury Software LLC for applying such changes or for failures incidental to such changes.
TERMINATION OF SERVICE
Pendlebury Software LLC may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
MODIFICATIONS OF THESE TERMS
Pendlebury Software LLC may modify these Terms from time to time. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.
GOVERNING LAW AND JURISDICTION
These Terms, the Software and the Service will be governed solely by the laws of the State of Oregon, USA, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in Oregon, USA.
LIMITATIONS
Should you desire to file any cause of action against Pendlebury Software LLC, arising out of or related to the Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Service, without the prior written consent of Pendlebury Software LLC. Pendlebury Software LLC may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Pendlebury Software LLC’s obligations to you under these Terms.
NO LEGAL RELATIONSHIP
These Terms of Use and your use of the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any purchase made related to the Service, its contents, maps and any other data.
CONTACT US
You may contact us concerning any question about the Service, through the support channels listed on the Support Contact address of the About box within the Service. We will make our best efforts to address your inquiry promptly.
Last modified: 5 May 2019
