DigiAtlas User License

Terms & conditions!

1) CLIENT

By purchasing, THE CLIENT agree to be bound by the terms of this agreement. By using our vector maps you indicate your acceptance of these terms and conditions. For the purposes of these presents, THE CLIENT or the user is understood to be any natural or legal person having acquired maps on his own behalf. If it is a natural person, the purchaser is considered to be the sole user of the maps, and consequently the sole holder of this license. If the purchaser is a legal person, this license shall cover all of this legal person's members.

2) PROPERTY

The vector maps contained or displayed in this site, are entirely made under the control of DigiAtlas and are owned by DigiAtlas and its suppliers, as well as their copyright or other rights of industrial or intellectual property. You are the owner of the vector map upon the file has been supplied but DigiAtlas remains the proprietor of that entire content. DigiAtlas grants to the user a perpetual, non-exclusive and nonsublicensable right to use any vector map obtained from DigiAtlas. DigiAtlas agrees to provide the user any updates to the vector map in:

a) the first year at no additional charge
b) after the first year at a 30% discount.

THE CLIENT does not acquire any title, right or interest on the maps, except for the license rights granted here. Maps may be altered through coloration, digital manipulation, adding other graphic elements and other techniques. However, even altered, content (images and digital files) remains subject to copyright law.

3) SECURITY

The digital maps or cartographic data are provided confidentially to THE CLIENT, who is responsible for taking the necessary measures to continuously protect the property and confidentiality of the data. In particular, THE CLIENT will maintain absolute reserve and will not reveal or otherwise allow the access or knowledge of the maps to third persons, who are not employees of THE CLIENT in the authorized use by this contract, unless written authorization by DigiAtlas.

THE CLIENT will be responsible for the preservation of the copies received under this agreement and the reproduction in any backup of the cartography or part of the data linked or included in other programs.

4) TERM OF LICENCE

For purposes of this Agreement, "Terms of Licence" means:

a) Copying the files that are part of the maps or data supplied, by transfer or reading from the web or from digital support in which they will be delivered to THE CLIENT’s machine, for the purpose of the personal use of THE CLIENT.
b) THE CLIENT can digitally modify the maps and make as many printed copies as they like. THE CLIENT can also include the maps or cartographic data in webpages, TV, multimedia products or any software, as long as the maps are displayed as images and cannot be edited, manipulated or extracted in editable vector format and used for other purposes.
c) In no case THE CLIENT may commercialize or assign to third parties the digital map files, or layers or parts thereof, or versions modified or updated in any type of editable vector format.
d) THE CLIENT will be able to make as many copies as he wants of his software, with the maps included in the conditions expressed in point (b), which implies a “Unrestricted Internal Use”.
e) THE CLIENT can use the data/files to determine business processes (like Products delivery areas) on its websites. The data won't be shown publicly but will be useful for executing certain queries coming from front end, based on customer entered address.

5) CORRECTIVE AND PROGRESSIVE MAINTENANCE

DigiAtlas commits to correcting and deliver to THE CLIENT, at no additional cost, all defects, inaccuracy and / or omissions detected in the cartography or cartographic data supplied.

DigiAtlas guarantees the updating and accuracy of the cartographic data supplied during the first year (365 days after delivery) and to deliver to THE CLIENT updated versions of the changes on the data produced during this year. Any expansion of the information contained in the maps, as well as changes of scale and graphic styles will incur an additional cost subject to the rates in force at the time of order.

After one year (365 days after delivery) and for subsequent years, THE CLIENT can order updated new copies of the cartographic data to DigiAtlas. In this case, the cost for these data will be with 30% discount in respect the original price for first year.

6) WARRANTY

DigiAtlas safeguards the shipment and the correct functioning of its vector maps. If a file map arrives to THE CLIENT damaged, or with a technical failure, DigiAtlas will send a replacement file, free of charge. DigiAtlas makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. DigiAtlas shall not be liable to THE CLIENT or any other person or entity for any general, special, direct, indirect, consequential, incidental or other damages arising out of this agreement or otherwise. DigiAtlas warrants that the data/files provided shall be accurate.

7) DURATION

This contract will come into effect from the date of the reception of the maps or cartographic data by THE CLIENT and will remain in force until its settlement by DigiAtlas as specified in section (10).

8) LIMITATION OF LIABILITY

THE CLIENT exonerates DigiAtlas from any responsibility related to the wrong commercial use of the Cartography, so any warranty is expressly excluded. under no circumstances DigiAtlas shall it be held responsible for damages or harm of any nature, EVEN IF DigiAtlas.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9) ANTI-ASSIGNMENT CLAUSES

This contract or any of their rights or obligations under this agreement shall not be assigned or transferred by THE CLIENT without first obtaining the consent of DigiAtlas.

10) TERMINATION AND REVOCATION

The license contained in this agreement will automatically terminate without notice from DigiAtlas if THE CLIENT fail to comply with any of the provisions of this agreement or fail to pay in full. Upon termination, THE CLIENT must immediately stop using our maps or data supplied, delete or remove all material containing our maps or data supplied from your premises and confirm completion of this to DigiAtlas in writing. If DigiAtlas finds anyone guilty of copying, stealing, reselling, leasing or renting our maps or data supplied, all licenses of said person will automatically be canceled and they will be liable to legal action.

DigiAtlas reserves the right to revoke the license to use the Licensed Material for good cause and elect to replace such Licensed Material with alternative Licensed Material. Upon notice of any revocation of such license, you shall immediately cease using such Licensed Material and shall where possible ensure that your clients and customers do likewise. You shall delete all electronic copies of Licensed Material from electronic storage media, confirming the same to DigiAtlas in writingDigiAtlas reserves the right to revoke the license to use the Licensed Material for good cause and elect to replace such Licensed Material with alternative Licensed Material. Upon notice of any revocation of such license, you shall immediately cease using such Licensed Material and shall where possible ensure that your clients and customers do likewise. You shall delete all electronic copies of Licensed Material from electronic storage media, confirming the same to DigiAtlas in writing.

11) ENTIRE AGREEMENT

The parties intend that this agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this agreement and refer to this agreement.

a) represent the final expression of the parties' intent and agreement between the parties relating to the subject matter of this agreement.
b) contain all the terms the parties agreed to relating to the subject matter, and
c) replace all the parties previous discussions, understandings, and agreements relating to the subject matter.

12) COUNTERPART CLAUSE

This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.

If you are unsure whether your intended use of the map is covered by the above points, please Contact DigiAtlas.com.