GDN Terms of Use

Burgdorf, September 9, 2009
 

GEOCOM DEVELOPER NETWORK WEBSITE AND SERVICE TERMS OF USE

Welcome to the GEOCOM Developer Network (GDN) web site. By accessing the GDN web site and using its services, you agree to be bound by these Terms of Use for the GEOCOM Developer Network ("Terms of Use"). Use of or accessing the GDN web site or any of its services (including merely browsing GDN) shall constitute acceptance of and agreement to be bound by the provisions of these Terms of Use. GEOCOM reserves the right to change the provisions of these Terms of Use at any time without notice to you. These Terms of Use comprise a legal agreement between you and GEOCOM Informatik AG ("GEOCOM").

IF YOU DO NOT ACCEPT THESE TERMS OF USE AND DO NOT WISH TO BE BOUND BY THIS TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS THE GDN WEB SITE, USE ANY OF ITS CONTENT OR SERVICES.
 

Overview

These Terms of Use contain policies and rules of conduct for the GDN web site and use of its services, including uploading materials and participating in its user communities, such as the user forums.
 

GEOCOM Proprietary Rights Acknowledgment

GEONIS is a registered trademark of GEOCOM. Other names appearing on GDN may be trademarked by their respective owners.

All rights, title, and interest in and to the intellectual property rights in GDN, including, but are not limited to any software, data, images, text, service packs, patches, technical support in response to requests, or other information available through GDN, and are the property of GEOCOM or its licensors.
 

Privacy and Confidentiality

GEOCOM may require member information, configuration data, or other personally information in order to provide support through GDN. GEOCOM can collect and use this information. GEOCOM does not assume any obligation to protect confidential or sensitive information you provide through GDN and does not desire to obtain your confidential or sensitive information.
 

Use of Software and Digital Data

You may use any software or data you download from GDN. The downloaded material is subject to the terms and conditions of the GEOCOM License Agreement. You must click "I accept" on the license agreement prior to using the software and data. If you have a signed license agreement with GEOCOM, it may take precedence over the click-through license agreement. GEOCOM reserves all rights, title, and interest not expressly granted to you
 

Use of GDN Information

You may download, view, copy, and print documents and graphics available through GDN for use, as stated in your GDN subscription agreement, solely for your own internal, non-commercial purposes. No part of this work may be reproduced or transmitted for commercial purposes, in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system now known or later developed, except as expressly permitted in writing by GEOCOM. The information contained in GDN is subject to change without notice.
 

Member Account

Some parts of GDN may require you to create and use a member account. You are responsible for maintaining the confidentiality of the account password and are fully responsible for all activities that occur under your member account, unless access to your account was obtained through no fault or negligence of your own. You agree to:

1. Immediately notify GEOCOM of any unauthorized use of your account or any other breach of security, and
2. Ensure that you exit from your account at the end of each session.

GEOCOM shall not be liable for any loss or damage arising from your failure to comply with this security measures.
 

Termination of Member Account and Denied Use of the Services

GEOCOM reserves the right to monitor use of the GDN web site and its services. GEOCOM requires that you follow the guidelines below when you participate in any public forum, discussion group, chat area, bulletin board, news group; upload scripts or code; communicate with GEOCOM, its webmaster, or employees; access e-mail offered as part of GDN; or otherwise post information or content on the GDN web site. GEOCOM reserves the right to remove any communication or posting that violates the guidelines and to suspend or cancel your member account or access to GDN at any time or take any other appropriate measures in our legal capacity to enforce the following guidelines. Once removed from GDN for not following the guidelines, you may not be allowed to return.

• You must provide truthful and accurate information at all times when participating in GDN. Using a false or incomplete name or e-mail address, impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity will result in immediate removal of your member account and termination of GDN privileges.
• You are expected to be courteous and professional. Abusive, disruptive, or rude language or images including personal attacks or offensive, defamatory remarks, including, but not limited to, libelous, racial, ethnic, or religious comments, will not be tolerated.
• Accounts on GDN are for individual users, and the account's name and e-mail address must be specific to that user. GDN member accounts may not be shared with other users. Sharing member information or allowing others to access your account will result in removal of the member account.
• You are expected to focus on geographic information system (GIS)-related subjects when participating in GDN.
• You shall not upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• You agree not to upload, post, e-mail, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• You agree not to upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• By uploading, posting, e-mailing, transmitting, or otherwise providing information to a public forum on GDN, you automatically grant GEOCOM a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, perform, and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all moral rights that may exist in the content are waived.

Disclaimer

GDN has been produced for informational purposes as a service to GEOCOM developers and the GIS community. Any listing and/or posting of third-party promotional information and/or materials, including, but not limited to, any subpage(s), copy, software, scripts, and/or data, should not be construed as an endorsement by GEOCOM. Any further information and/or support for all third-party information and/or materials listed and/or posted herein are provided directly by the respective third party. Because the Internet is not a secure network, GEOCOM recommends that any materials downloaded from this home page be checked for computer viruses prior to use so as to avoid any potential damage to your system, software, and/or data.
 

Warranty and Limitation of Liability

THE INFORMATION AND/OR MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

GEOCOM shall not be liable for direct, indirect, special, incidental, or consequential damages related to your decision to use any of the information and/or materials listed and/or posted on GDN, even if GEOCOM is advised of the possibility of such damage.
 

Indemnity

You agree to indemnify and hold GEOCOM, its officers, directors, employees, agents, subcontractors, licensors, successors, and assigns harmless from and against any and all liability, losses, claims, expenses (including attorneys' fees), demands, or damages of any kind, including direct, indirect, special, punitive, incidental, or consequential damages, arising out of or in any way connected with your use of GDN.