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LICENSE AGREEMENT for Software developed and distributed by Mologogo, LLC.
You must agree with and click both checkboxes below. Copyright (c) 2005-2009, Mologogo, LLC. Mologogo IS WILLING TO LICENSE SOFTWARE PRODUCTS TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("Agreement"). READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. YOUR USE OF THE LICENSED SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT INSTALL IT. 1. Definitions. The software in binary form (hereafter "Software") is provided to you subject to Mologogo's copyrights and other intellectual property rights. 2. License Grant and Notices. Subject to your compliance with the terms of this Agreement, the Terms of Use of the Mologogo service as posted on the Mologogo website at www.mologogo.com ("Privacy Policy & Terms"), and your continued subscription to the Mologogo service, Mologogo grants you a non-exclusive, non-transferable license, without right of sublicense, to install, use and display the Software in a machine-readable form solely for your internal purposes, and solely in connection with your use of the Mologogo service. You may reasonably copy the Software to the extent necessary to enable your permitted internal use of the Software, but you may not copy or distribute the Software to any third parties. The above license is subject to all terms of this Agreement including, without limitation: - you agree not to reverse engineer, disassemble or modify the Software and its parts; - you agree not to remove, alter or obscure proprietary notices of Mologogo or its suppliers; - you agree not to use Mologogo's or Mologogo's suppliers' name, logos or trademarks except as necessary to affix the appropriate copyright notices required in this Agreement; - you agree not to publish the software, its parts, screen-shots of the software interface, if you have no permission from Mologogo; 3. Notice about Location Based Services. When you use this Software to voluntarily upload and share your location through the Mologogo services (at www.mologogo.com), information regarding your geographic location(s) may be accessed and disclosed through the Software used with those services. You agree to notify any other users associated with your Mologogo account of this feature. 4. Enforcement Of Terms; Termination. If you fail to fulfill any of your material obligations under this Agreement, Mologogo and/or its licensors may pursue all available legal remedies to enforce this Agreement, and Mologogo may, at any time after your default of this Agreement, terminate this Agreement and all licenses and rights granted to you hereunder. You agree that Mologogo's licensors referenced in the Software are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. 5. NO WARRANTIES. The Software is being delivered to you "AS IS" and Mologogo makes no warranty as to its use or performance. MOLOGOGO AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOLOGOGO AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, TERMS, AND CONDITIONS, EITHER EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, TERMS, AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGE-MENT WITH REGARD TO THE SOFTWARE, ITS SATISFACTORY QUALITY, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. MOLOGOGO IS NOT RESPONSIBLE FOR THE OPERATION OR FAILURE OF OPERATION OF GPS SATELLITES OR THE AVAILABILITY OF GPS SATELLITE SIGNALS, NOR THE OPERATION OF CELLULAR COMMUNICATIONS NETWORKS OR THE AVAILABILITY OF CELLULAR COMMUNICATIONS NETWORKS. 6. Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOLOGOGO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MOLOGOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. IN NO EVENT SHALL MOLOGOGO'S TOTAL LIABILITY IN CONNECTION WITH THIS AGREEMENT and THE SOFTWARE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT PAID TO MOLOGOGO FOR USE OF THE SOFTWARE GIVING RISE TO THE CLAIM, if any. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 7. Laws Governing Warranties And Liability. The law(s) of a jurisdiction may define the scope of warranty to be provided for products or the manner in which a supplier's liability may be limited, and such law(s) shall govern this Agreement only to the extent a party protected by such law(s) cannot waive the protection thereof by contract. 8. Complete Agreement. This Agreement supersedes all proposals, oral or written, all negotiations, conversations, discussions and all past course of dealing between you and Mologogo relating to the Software or the terms of its license to you, and may only be modified by written amendment signed by you and Mologogo.

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Your use of Mologogo is subject to Terms of Use & Privacy Notice © 2005-2009 Mologogo, LLC. Mologogo is not affiliated with Google, Sprint/Nextel, Boost Mobile or RIM/Blackberry in any way. Mologogo for Windows Mobile is powered by GPS.NET from GeoFrameworks.