MapSherpa Digital Download Terms
License and Obligations
MapSherpa Inc. ("MapSherpa") on behalf of itself and its licensors, hereby grants You a non-exclusive, non-transferable, non-assignable, personal, revocable license to download the Content to a single computing device solely for the purpose of printing a single copy of the Content for your own personal non-commercial use or such other purpose expressly set out in relation to the Content, or otherwise expressly agreed to between MapSherpa and You, in connection with this download (“Purpose”). This limited license terminates automatically, without notice to You, if You breach any of the Terms. Upon termination of the limited license, You agree to immediately destroy any and all Content, including all downloaded or printed materials, except to the extent otherwise permitted in connection with the Purpose.
You acknowledge and agree that you assume full, exclusive and sole responsibility for the use of the Content, that your use of the Content is at your own risk, and that you should exercise judgment in your use of the Content. You warrant to MapSherpa that You will not use the Content for any purpose that is unlawful or prohibited by the Terms and that You will fully comply with all local laws and rules.
You may not copy, loan, rent, time-share, sublicense, assign, transfer, lease, sell or otherwise dispose of the Content on a temporary or permanent basis except as expressly provided herein. You may not, or permit any third party to, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive any information or data from the Content including circumventing digital rights management, copy protection, or fixed format features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information.
You acknowledge and agree that the Content is licensed, not sold, and that the Content, and all intellectual property and proprietary rights therein are owned by MapSherpa and/or its licensors. You agree to recognize and respect MapSherpa and its licensors’ intellectual property rights in the Content and agree never to remove any proprietary notices or product identification labels from the Content. All logos and product names appearing on or in connection with the Content are proprietary to MapSherpa or its licensors and/or suppliers.
You agree to indemnify, defend, and hold harmless MapSherpa and its licensors and their respective subsidiaries, affiliates, officers, employees, contractors, agents, and third party partners and suppliers (“Representatives”) from any demand, claim, suit, action, loss, costs, damages, or liabilities, including legal fees, arising out of or related to your use of the Content, your violation of the Terms, or your violation of any rights of a third party.
“As Is, “As Available” and “With All Faults.” YOU EXPRESSLY AGREE THAT THE CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN PARTICULAR, MapSherpa AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT WILL BE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MapSherpa AND ITS LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Accuracy. MapSherpa AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Jurisdiction. SINCE CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability and Damages
Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MapSherpa OR ITS LICENSORS AND THEIR REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE CONTENT EVEN IF MapSherpa OR ITS LICENSORS OR THEIR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF MapSherpa AND ITS LICENSORS AND THEIR REPRESENTATIVES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF CONTENT (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 CDN) OR FEES RECEIVED FROM YOU BY MapSherpa, LESS EXPENSES, IN THE PRECEDING TWELVE (12) MONTHS.