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#@*%$ing License Agreement For Pqs


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<rant> :blink: Ok, I completely understand (and agree) with GC.com having a license agreement that you must accept before you and generate a PQ (or do whatever) BUT why do I need to keep re-accpeting it? If is such a fluid document that it needs to be amended on a regular basis, than couldn't an email go out saying that you need to log back into GC.com and re-accept it? I know it's not the end of the world, but it is (IMHO) annoying. </rant>

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<blah...blah...blah>

 

IMPORTANT--READ CAREFULLY BEFORE DOWNLOADING THE ONLINE DATA

 

Groundspeak, INC. D/B/A GEOCACHING.COM (Groundspeak), IS WILLING TO LICENSE THE REQUESTED DATA TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING THE ‘I ACCEPT’ BUTTON AND THEREAFTER DOWNLOADING THE ONLINE DATA. BY DOWNLOADING THE ONLINE DATA, YOU ARE INDICATING YOUR ACCEPTANCE OF THE Groundspeak DATA LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS STATED, THEN Groundspeak IS UNWILLING TO LICENSE THE DATA TO YOU.

 

Groundspeak DATA LICENSE AGREEMENT

 

This is a license agreement, and not an agreement for sale, between the end user (Licensee) and Groundspeak, Inc. (Groundspeak), a Washington corporation, with its principal place of business at 2111 3rd Avenue West, Seattle, WA, USA. This Groundspeak Data License Agreement (Agreement) gives Licensee certain limited rights to use the Data and Related Materials. All rights not specifically granted in this Agreement are reserved to Groundspeak.

 

Reservation of Ownership and Grant of License: Groundspeak and its licensor(s) retain exclusive ownership of the copy of the Data and Related Materials licensed under this Agreement and, hereby, grant to Licensee a personal, nonexclusive, nontransferable license to use the Data and Related Materials based on the terms and conditions of this Agreement. Licensee agrees to use reasonable effort to protect the Data and Related Materials from unauthorized use, reproduction, distribution, or publication.

 

Proprietary Rights and Copyright: Licensee acknowledges that the Data and Related Materials contain proprietary and confidential property of Groundspeak and its licensor(s). The Data and Related Materials are owned by Groundspeak and its licensor(s) and are protected by United States copyright laws and applicable international copyright treaties and/or conventions.

 

Permitted Uses:

· Licensee may install the Data or portions of the Data onto a global positioning system unit [“GPS”] for Licensee's own internal use.

· Licensee may make only one (1) copy of the original Data for archival relating to the export of data thereto. Licensee agrees to comply with all laws, regulations, and orders of the United States in regard to any export of such Technical Data. Licensee agrees not to disclose or re-export any Technical Data received under this Agreement in or to any countries for which the United States Government requires an export license or other supporting documentation at the time of export or transfer, unless Licensee has obtained prior written authorization from Groundspeak and the U.S. Office of Export Control.

 

Severability: If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

Governing Law: This Agreement, entered into in King County, shall be construed and enforced in accordance with and be governed by the laws of the United States of America and the State of Washington without reference to conflict of laws principles. The parties hereby consent to the personal jurisdiction of the courts of this County and waive their rights to change venue.

 

Entire Agreement: The parties agree that this constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto.

purposes unless the right to make additional copies is granted to Licensee in writing by Groundspeak.

· Licensee may modify the Data and merge other data sets with the Data for Licensee's own internal use. The portions of the Data merged with other data sets will continue to be subject to the terms and conditions of this Agreement.

· Licensee may use, copy, alter, modify, merge, reproduce, and/or create derivative works of the on-line textual content [including the about geocaching content, links content and cache hiding tutorial] for Licensee's own internal use. The portions of the on-line documentation merged with other software, data, hard copy, and/or digital materials shall continue to be subject to the terms and conditions of this Agreement and shall provide the following copyright attribution notice acknowledging Groundspeak's proprietary rights in the on-line documentation: "Portions of this document include intellectual property of Groundspeak and are used herein by permission. Copyright © 2001 Groundspeak, Inc. All Rights Reserved."

Uses Not Permitted:

· Licensee shall not sell, rent, lease, sublicense, lend, assign, time-share, or transfer, in whole or in part, or provide unlicensed third parties access to the Data, Related Materials, any updates, or Licensee's rights under this Agreement.

· Licensee shall not reverse engineer, decompile, or disassemble the Groundspeak-compatible data format(s) in an attempt to duplicate the proprietary and copyright-protected Groundspeak data model(s) and/or export format(s).

· Licensee shall not remarket, resell, and/or redistribute the Data or any derived portion(s) of the Data in its digital form to unlicensed third parties.

· Licensee shall not remove or obscure any Groundspeak and/or licensor(s) copyright, proprietary, or trademark notices.

Redistribution Rights for Derived Digital Data Sets: At Groundspeak's sole option, Groundspeak may grant a separate sublicense agreement, on a royalty fee basis, with Licensees who wish to obtain redistribution rights for derived or other value-added digital data sets in Groundspeak-compatible data format(s). Please address your written proposals to Attn.: Groundspeak Data Manager, Groundspeak, Inc., 2111 3rd Avenue West, Seattle, WA, USA.

 

Term: The license granted by this Agreement shall commence upon Licensee's receipt of the Data and Related Materials and shall continue until such time that (1) Licensee elects to discontinue use of the Data and Related Materials and terminates the Agreement or (2) Groundspeak terminates for Licensee's material breach of this Agreement. Upon termination of this Agreement in either instance, Licensee shall then return to Groundspeak the Data and Related Materials. The parties hereby agree that all provisions that operate to protect the rights of Groundspeak and its licensor(s) shall remain in force should breach occur.

 

No Warranty: The Data are not warranted and Licensee expressly acknowledges that the Data contain some nonconformities, defects, or errors. Groundspeak does not warrant that the Data will meet Licensee's needs or expectations, that the use of the Data will be uninterrupted, or that all nonconformities, defects, or errors can or will be corrected. Groundspeak is not inviting reliance on these data, and Licensee should always verify actual data.

 

THE DATA AND RELATED MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Exclusive Remedy and Limitation of Liability: The Groundspeak and/or licensor(s) entire liability and Licensee's exclusive remedy shall be to terminate the Agreement upon Licensee returning the Data and Related Materials to Groundspeak with a copy of Licensee's invoice/receipt and Groundspeak returning any license fees paid to Licensee.

 

IN NO EVENT SHALL Groundspeak AND/OR ITS LICENSOR(S) BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST SALES OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE DATA AND RELATED MATERIALS, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT Groundspeak AND/OR ITS LICENSOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY.

 

No Implied Waivers: No failure or delay by Groundspeak and/or its licensor(s) in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Groundspeak and/or its licensor(s).

 

Export Regulation: Licensee acknowledges that this Agreement and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders

 

</blah...blah...blah>

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:blink: Weird... at least three times now since last fall, I have had my PQs "dry up" as soon as I remember, I go the page, and guess what? I have to re-accept the EULA. Ok, to be totally honest, I have never bothered to read the whole thing, I have just assumed that it had changed... :bad:
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I'd love it if the fact that I had "accepted" a EULA was stored in a cookie that I could delete anytime I felt like it. What a level playing field that would be. :bad:

:blink: Hmmmm... let's see... Do I log on with my "Accepted EULA" Desktop, or my "Haven't accepted EULA" laptop? Seems to me that would sort of defeat the whole purpose?

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<rant> :blink: Ok, I completely understand (and agree) with GC.com having a license agreement that you must accept before you and generate a PQ (or do whatever) BUT why do I need to keep re-accpeting it? If is such a fluid document that it needs to be amended on a regular basis, than couldn't an email go out saying that you need to log back into GC.com and re-accept it? I know it's not the end of the world, but it is (IMHO) annoying. </rant>

It's most likely your PC, no GC.com. Check to see if you're blocking cookies. Or do you have some sort of cookie cleaner running?

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It's most likely your PC, no GC.com. Check to see if you're blocking cookies. Or do you have some sort of cookie cleaner running?

If the EULA acceptance is coded into a cookie, that means that I have to accept the EULA on every machine that I log onto? Seems very crude to me, as well, it defeats the purpose of the EULA, in that GC.com has no "record" of my acceptance. As for the cookie-cleaner, I run mine weekly at the most, usually twice a week or more, so I don't think that is the probem... :blink:

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I run about 10 queries a week although I have only been doing them for 3 weeks I have only seen the dreaded EULA one time I beleave. It is only a click away as it is. I do not even see it since it is so automatic as it is. Set to Download as an auto query, unzipped drop straight into GSAK, GSAK straight into CMconvert, straight into Palm Pilot as Cachemate and straght into the garmin to load waypoints. Out the door for cache in ten minutes with 200 cache listings. How simple is that? Can't see the grief here, maybe I am too relaxed in my attitude but it is a hobby isn't it. :blink:

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Every now and again I get prompted to accept the EULA when downloading a .loc file from a cache page. The problem is, it tells me I've ALREADY accepted the EULA, but it doesn't let me download the file. :blink:

 

Once I close the browser and reopen it (a pain if I have a bunch of windows open!) it seems to reset itself.

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The problem is not with my computer(s). I use several different machines, and three different OSs to access GC, depending on where I am. The problem is that my PQs are not being mailed to me. I only run a couple per week, and they are sent to my work webmail (so that I can access it while traveling). There will be a period of two or more weeks where no PQs are mailed. I log onto GC.com and go to the PQ Page, and it wants me to re-accept the EULA; as soon as I do that, "poof", my PQ appears at the time specified.

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