Please take the time to read and accept this End User License Agreement (EULA) before using GeOrg.
GeOrg – The Geocaching Organizer
END-USER LICENSE AGREEMENT
Last updated: September 27, 2009
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
1. GRANT OF LICENSE
This License permits You to use the Software solely for your internal, non-commercial, operations. You agree that You will not sublicense, assign, transfer, pledge, lease, rent or share your rights under this License except with prior written permission from ranitos. You agree that you will not modify, adapt, disassemble, decompile, reverse engineer, translate or otherwise attempt to discover the source code of the Software.
2. SCOPE OF GRANT
You may not decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software. You may not modify, rent, or resell for profit this Software, or create derivative works based upon this Software.
This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, and is for personal and noncommercial use. All rights not expressly granted in this Agreement are reserved by ranitos. All materials available in the Software, other than content manually added and managed by You are the property of ranitos (collectively, the “Software Content”) and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce or retransmit the Software Content, in whole or in part, in any manner, without the prior written consent of the owner of such materials. If you have any questions, contact us at contact(at)ranitos.de
4. NO WARRANTIES
ranitos does not warrant the accuracy, reliability, or timeliness of any information obtained from the Software. ranitos will not be liable for any damage or loss caused by Your reliance on the accuracy, reliability, or timeliness of information obtained from the Software. Because of the number of possible sources of information available through the Software, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in the Information made available through the Software. The Software may contain content which in turn contains links to one or more internet sites outside of the Software. ranitos is not responsible for the content of such outside internet sites and does not warrant the accuracy, reliability, or timeliness of any information or downloads posted on or obtained from such outside internet sites. You rely on information obtained from the Software, as well as information found on outside internet sites linked from the Software, at Your own risk.
Geocaching and other outdoor activities involve risk to both persons and property. There are many variables including, but not limited to, weather, fitness level, terrain features and outdoor experience, that must be considered prior to seeking or placing a cache. Be prepared for Your journey and be sure to check the current weather and conditions before heading outdoors. Always exercise common sense and caution. You assume all risks arising in connection with seeking a cache or any other related activity.
The Software may be extended now or in the future by Connectors, Plugins or Themes (collectivly: “Third Party Contributions”). ranitos does not warrant any accuracy or reliability of Third Party Contributions or the timeliness of any information provided by Third Party Contributions). You install and register Third Party Contributions to the Software at Your own risk. Your agree that you can not hold ranitos liable for any damage incurred to You or others through the use of Third Party Contributions.
THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND INFORMATION CONTAINED THEREIN, ARE PROVIDED TO YOU “AS IS”, AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SOFTWARE, THE INFORMATION OBTAINED FROM THE SOFTWARE AND THE RESULTS AND PERFORMANCE OF THE SOFTWARE. RANITOS HEREBY DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE OR ANY CONTENT PROVIDED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. RANITOS GIVES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, AGAINST INFRINGEMENT, OR AS TO TITLE, OR THAT INFORMATION PROVIDED BY THE SOFTWARE, THE SOFTWARE ITSELF, OR RANITOS’S EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. FURTHERMORE, RANITOS GIVES NO WARRANTIES AS TO THE SOFTWARE’S FUNCTIONALITY; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; LACK OF VIRUSES; NON INFRINGEMENT; OR ANY OTHER WARRANTY.
5. LIMITATION OF DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT RANITOS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE OR INFORMATION OBTAINED THROUGH THE SOFTWARE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION AND EXCLUSION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF RANITOS, OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY.
SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, RANITOS’S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS AND CONDITIONS REFERENCED IN THIS AGREEMENT) INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM YOUR RELIANCE ON INFORMATION PROVIDED BY THE SOFTWARE, WILL BE LIMITED TO €4.99 OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON THIS SITE OR ON SITE INFORMATION, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE RANITOS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.
6. Attorney’s Fees
In any formal action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, ranitos will be entitled to recover its costs, including reasonable attorneys’ fees.
7. Changes to this Agreement
ranitos reserves the right to revise the terms of this Agreement at any time and from time to time. Each time You use the Software, You are bound by the version of this Agreement that is in effect and made available to You within the Software at the time of Your use. Please review them.
8. Severability; No Waiver; Entire Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described herein will be given effect to the fullest extent possible. ranitos’s failure to act with respect to a breach by You or others does not constitute a waiver of ranitos’s right to enforce its rights with respect to subsequent or similar breaches. This Agreement constitutes the entire agreement between You and ranitos with regard to Your use of the Software.
All Content Copyright ranitos 2009. All rights reserved.