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Digital Download License Agreement

This License Agreement (this “Agreement”), is a binding agreement between Unlostify Inc. (”Licensor”) and you (the ”Licensee”).

IF YOU CLICK “ACCEPT” OR CHECK THE “ACCEPT” BOX YOU (A) AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TEMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF LICENSEE IS A CORPORATION, GOVERNMENTAL ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS.

IF YOU DO NOT ACCEPT THIS AGREEMENT YOU WILL NOT BE GRANTED ANY OF THE RIGHTS PROVIDED FOR HEREIN, AND YOU SHALL NOT BE ENTITLED TO DOWNLOAD OR USE OUR MAPS.

REGARDLESS OF WHETHER YOU ACCEPT OR DO NOT ACCEPT THIS AGREEMENT YOUR USE OF THE PRODUCTS IS STILL SUBJECT TO THE TERMS AND CONDITIONS PROVIDED ON OUR WEBSITE.

  1. Definitions. For purposes of this Agreement, the following terms have the following meanings:

    1. Content” means the portion of our map products containing details on geographical features, directions, locations and all other details about physical geography, but specifically excluding our logo, trademarks, owl, other non-geographical related images and cover art, which typically are found on the periphery of the map product;
    2. Intellectual Property Right” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trade-mark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
    3. Product” or “Products” means the products sold by us through our website.
    4. Non-Commercial” means not intended for or directed towards your commercial advantage or monetary compensation.
    5. Our, us or we” means Unlostify Inc., the Licensor.
    6. You or your” means the person accessing or using this Web Site or the Content or if you are acting on behalf of a corporation, the corporation which you represent;

  2. Non-Application. Notwithstanding any other provision of this Agreement, this Agreement shall not limit your right to use the Products, in whole or in part, to the extent already permitted by any applicable laws.

  3. License Grant and Scope.  Subject to and conditional on Licensee’s strict compliance with all terms and conditions set forth in this Agreement, Licensor hereby grants to Licensee a revocable, royalty free, non-exclusive, non-transferable, non-sublicensable license during the Term to share the Content, in whole or in part, for Non-Commercial purposes only.

    If you have any questions as to whether your intended use of the Content and/or the Products is acceptable, please contact us at jeff@unlostify.com or deki@unlostify.com

  4. Attribution. If you share the Content, you must retain the following either on the Content or have it readily accessible on your chosen format for sharing the Content:

    1. Identify us as the creator(s) of the Content;
    2. Our copyright notice;
    3. A URI or hyperlink to the license: http://maps.unlostify.com/LicenseAgreement.pdf;
    4. If you have modified the Content, indicate the extent of your modifications; and
      If requested by us, you must remove any of the information required by this Section 4 to the extent reasonably practicable to do so.

  5. Restrictions. Without limiting the generality of the foregoing, Licensee will use the Content only for the purposes set forth herein. Further, Licensee expressly agrees that the Products, including the Content and any associated written materials and other documentation provided under this Agreement, as well as all Intellectual Property Rights related thereto, belong exclusively to us, other than your right to use the same in accordance with the license granted herein and subject to all terms, conditions and restrictions under this Agreement. Unencumbered title to the Products will, at all times, remain with Us. You agree to protect the Products, in whole or in part, from unauthorized use, reproduction, distribution or publication in electronic or physical form.

  6. Term. This Agreement will be in effect until the earlier of (i) the expiry of the full period of copyright in the Product and all renewals, reversions, extensions and revivals of such period subsisting or arising under applicable law; or (ii) until this Agreement is terminated by us upon written notice to you or by stating this Agreement is terminated in clear terms on our Web Site and/or related pages thereto, whether specifically addressed to you or to the public generally.

  7. No Representation or Warranty and Limitation of Liability.

    1. THE PRODUCTS AND CONTENT ARE PROVIDED BY UNLOSTIFY INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRODUCTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU.
    2. TO THE EXTENT POSSIBLE, IN NO EVENT WILL WE BE LIABLE TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE PRODUCTS AND/OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR IN PART, THIS LIMITATION MAY NOT APPLY TO YOU.

  8. Governing Law. This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein. Any legal suit, action or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

  9. Miscellaneous.

    1. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
    2. This Agreement may not be assigned by you without our permission.
    3. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
    4. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
    5. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.
    6. This Agreement and the Terms and Conditions on our Web Site, as the latter may be amended from time to time, constitute the entire agreement of the parties.